Full Text of HB1351 103rd General Assembly
HB1351 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1351 Introduced 1/31/2023, 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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| | | HB1351 | | LRB103 05087 AMQ 50101 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| 7 | | (Section scheduled to be repealed on January 1, 2027)
| 8 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 9 | | (a) It is unlawful for any person, including any
entity, | 10 | | to act or assume
to act as a home
inspector, to engage in the | 11 | | business of home inspection, to develop a home
inspection | 12 | | report, to practice as a home inspector, or to advertise or | 13 | | hold oneself
out to be a home inspector without a home | 14 | | inspector license issued under this
Act. A person who violates | 15 | | this subsection is guilty of a Class A misdemeanor for the | 16 | | first offense and a Class 4 felony for the second and any | 17 | | subsequent offenses.
| 18 | | (b) It is unlawful for any person, other than a
person who | 19 | | holds a valid
home inspector license issued pursuant to this | 20 | | Act, to use the title "home
inspector" or
any other title, | 21 | | designation, or abbreviation likely to create the impression
| 22 | | that the person is licensed as a home inspector pursuant to | 23 | | this Act. A person
who violates this subsection is guilty of a |
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| 1 | | Class A misdemeanor.
| 2 | | (c) The licensing requirements of this Article do not | 3 | | apply to:
| 4 | | (1) any person who is employed as a code enforcement | 5 | | official by the State
of Illinois or any unit of local | 6 | | government, while acting within the scope of
that | 7 | | government employment;
| 8 | | (2) any person licensed in this State by any other law | 9 | | who is engaging in the profession or occupation for which | 10 | | the person is licensed; 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 advertise or hold | 17 | | oneself out as engaged in business as a home inspector ; | 18 | | 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 | | (d) The licensing of home inspector entities required | 24 | | under this Act does not apply to an entity whose ownership | 25 | | structure is one licensed home inspector operating a sole | 26 | | proprietorship, a single member limited liability company, or |
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| 1 | | a single shareholder corporation, and that home inspector is | 2 | | the only licensed home inspector performing inspections on the | 3 | | entity's behalf. The licensed home inspector who is the sole | 4 | | proprietor, sole shareholder, or single member of the company | 5 | | or entity shall comply with all other provisions of this Act. | 6 | | (Source: P.A. 102-20, eff. 1-1-22 .)
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