Full Text of HB5073 102nd General Assembly
HB5073 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5073 Introduced 1/27/2022, by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: |
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Amends the Home Inspector License Act. In provisions concerning exemptions to licensing requirements, provides that licensing requirements do not apply to any person holding a professional degree from a program accredited by the National Architectural Accrediting Board or the Canadian Architectural Certification Board.
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| | A BILL FOR |
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| | | HB5073 | | LRB102 19558 SPS 28326 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Home Inspector License Act is amended by | 5 | | changing Section 5-5 as follows:
| 6 | | (225 ILCS 441/5-5)
| 7 | | (Text of Section before amendment by P.A. 102-20 )
| 8 | | (Section scheduled to be repealed on January 1, 2027)
| 9 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 10 | | (a) It is unlawful for any person, including any
entity, | 11 | | to act or assume
to act as a home
inspector, to engage in the | 12 | | business of home inspection, to develop a home
inspection | 13 | | report, to practice as a home inspector, or to advertise or | 14 | | hold
himself, herself, or itself
out to be a home inspector | 15 | | without a home inspector license issued under this
Act. A | 16 | | person who violates this subsection is guilty of a Class A | 17 | | misdemeanor for the first offense and a Class 4 felony for the | 18 | | second and any subsequent offenses.
| 19 | | (b) It is unlawful for any person, other than a
person who | 20 | | holds a valid
home inspector license issued pursuant to this | 21 | | Act, to use the title "home
inspector" or
any other title, | 22 | | designation, or abbreviation likely to create the impression
| 23 | | that the person is licensed as a home inspector pursuant to |
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| 1 | | this Act. A person
who violates this subsection is guilty of a | 2 | | Class A misdemeanor.
| 3 | | (c) The licensing requirements of this Article do not | 4 | | apply to:
| 5 | | (1) any person who is employed as a code enforcement | 6 | | official by the State
of Illinois or any unit of local | 7 | | government, while acting within the scope of
that | 8 | | government employment;
| 9 | | (2) any person licensed by the State of Illinois while
| 10 | | acting within the scope of his or her license; or
| 11 | | (3) any person engaged by the owner or lessor of | 12 | | residential real
property for the purpose of preparing a | 13 | | bid or estimate as to the work
necessary or the costs | 14 | | associated with performing home construction, home
| 15 | | remodeling, or home repair work on the residential real | 16 | | property, provided
such person does not hold himself or | 17 | | herself out, or advertise himself or
herself, as being | 18 | | engaged in business as a home inspector ; or .
| 19 | | (4) any person holding a professional degree from a | 20 | | program accredited by the National Architectural | 21 | | Accrediting Board or the Canadian Architectural | 22 | | Certification Board. | 23 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 24 | | (Text of Section after amendment by P.A. 102-20 )
| 25 | | (Section scheduled to be repealed on January 1, 2027)
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| 1 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 2 | | (a) It is unlawful for any person, including any
entity, | 3 | | to act or assume
to act as a home
inspector, to engage in the | 4 | | business of home inspection, to develop a home
inspection | 5 | | report, to practice as a home inspector, or to advertise or | 6 | | hold oneself
out to be a home inspector without a home | 7 | | inspector license issued under this
Act. A person who violates | 8 | | this subsection is guilty of a Class A misdemeanor for the | 9 | | first offense and a Class 4 felony for the second and any | 10 | | subsequent offenses.
| 11 | | (b) It is unlawful for any person, other than a
person who | 12 | | holds a valid
home inspector license issued pursuant to this | 13 | | Act, to use the title "home
inspector" or
any other title, | 14 | | designation, or abbreviation likely to create the impression
| 15 | | that the person is licensed as a home inspector pursuant to | 16 | | this Act. A person
who violates this subsection is guilty of a | 17 | | Class A misdemeanor.
| 18 | | (c) The licensing requirements of this Article do not | 19 | | apply to:
| 20 | | (1) any person who is employed as a code enforcement | 21 | | official by the State
of Illinois or any unit of local | 22 | | government, while acting within the scope of
that | 23 | | government employment;
| 24 | | (2) any person licensed in this State by any other law | 25 | | who is engaging in the profession or occupation for which | 26 | | the person is licensed; or
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| 1 | | (3) any person engaged by the owner or lessor of | 2 | | residential real
property for the purpose of preparing a | 3 | | bid or estimate as to the work
necessary or the costs | 4 | | associated with performing home construction, home
| 5 | | remodeling, or home repair work on the residential real | 6 | | property, provided
such person does not advertise or hold | 7 | | oneself out as engaged in business as a home inspector ; | 8 | | or .
| 9 | | (4) any person holding a professional degree from a | 10 | | program accredited by the National Architectural | 11 | | Accrediting Board or the Canadian Architectural | 12 | | Certification Board. | 13 | | (d) The licensing of home inspector entities required | 14 | | under this Act does not apply to an entity whose ownership | 15 | | structure is one licensed home inspector operating a sole | 16 | | proprietorship, a single member limited liability company, or | 17 | | a single shareholder corporation, and that home inspector is | 18 | | the only licensed home inspector performing inspections on the | 19 | | entity's behalf. The licensed home inspector who is the sole | 20 | | proprietor, sole shareholder, or single member of the company | 21 | | or entity shall comply with all other provisions of this Act. | 22 | | (Source: P.A. 102-20, eff. 1-1-22.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
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