Full Text of SB0335 100th General Assembly
SB0335enr 100TH GENERAL ASSEMBLY |
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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 Regulatory Sunset Act is amended by changing | 5 | | Section 4.32 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Collateral Recovery Act. | 11 | | The Detection of Deception Examiners Act.
| 12 | | The Home Inspector License Act.
| 13 | | The Registered Interior Designers Design Title Act.
| 14 | | The Massage Licensing Act.
| 15 | | The Petroleum Equipment Contractors Licensing Act.
| 16 | | The Real Estate Appraiser Licensing Act of 2002. | 17 | | The Water Well and Pump Installation Contractor's License | 18 | | Act. | 19 | | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | 20 | | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | 21 | | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | 22 | | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.) |
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| 1 | | Section 10. The Interior Design Title Act is amended by | 2 | | changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 as follows:
| 3 | | (225 ILCS 310/1) (from Ch. 111, par. 8201)
| 4 | | (Section scheduled to be repealed on January 1, 2022)
| 5 | | Sec. 1. Short title. This Act may be cited as the
| 6 | | Registered Interior Designers Design Title Act.
| 7 | | (Source: P.A. 92-104, eff. 7-20-01 .)
| 8 | | (225 ILCS 310/2) (from Ch. 111, par. 8202)
| 9 | | (Section scheduled to be repealed on January 1, 2022) | 10 | | Sec. 2. Public policy. Interior design in the State of | 11 | | Illinois is hereby
declared to affect the public health, | 12 | | safety, and welfare and to be subject to
regulation and control | 13 | | in the public interest. It is further declared to be a matter | 14 | | of public interest and
concern that the interior design | 15 | | profession professions
merit and receive the confidence of the | 16 | | public and that only qualified persons
be permitted to use the | 17 | | title of registered interior designer in the State of Illinois. | 18 | | This Act shall be liberally construed to
carry out these | 19 | | objectives and purposes.
| 20 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 21 | | (225 ILCS 310/3) (from Ch. 111, par. 8203)
| 22 | | (Section scheduled to be repealed on January 1, 2022) | 23 | | Sec. 3. Definitions. As used in this Act:
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| 1 | | "Department" means the Department of Financial and | 2 | | Professional
Regulation.
| 3 | | "Secretary" means the Secretary of Financial and | 4 | | Professional
Regulation.
| 5 | | "Board" means the Board of Registered Interior Design | 6 | | Professionals established
under Section 6 of this Act.
| 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "The profession of interior design", within the meaning and | 10 | | intent
of this Act, refers to persons qualified by education, | 11 | | experience, and
examination, who administer contracts for | 12 | | fabrication, procurement, or
installation in the | 13 | | implementation of designs, drawings, and specifications
for | 14 | | any interior design project and offer or furnish professional | 15 | | services,
such as consultations, studies, drawings, and | 16 | | specifications in connection
with the location of lighting | 17 | | fixtures, lamps and specifications of ceiling
finishes as shown | 18 | | in reflected ceiling plans, space planning, furnishings,
or the | 19 | | fabrication of non-loadbearing structural elements within and
| 20 | | surrounding interior spaces of buildings but specifically | 21 | | excluding
mechanical and electrical systems, except for | 22 | | specifications of fixtures
and their location within interior | 23 | | spaces. | 24 | | "Public member" means a person who is not an interior | 25 | | designer,
educator in the field, architect, structural | 26 | | engineer, or professional
engineer. For purposes of board |
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| 1 | | membership, any person with a significant
financial interest in | 2 | | the design or construction service or profession is
not a | 3 | | public member.
| 4 | | "Registered interior designer" means a person who has | 5 | | received registration
under Section 8 of this Act. A person | 6 | | represents himself or herself to be a "registered interior | 7 | | designer" within the meaning of this Act if he or she holds | 8 | | himself or herself out to the public by any title incorporating | 9 | | the words "registered interior designer" or any title that | 10 | | includes the words "registered interior design".
| 11 | | "Secretary" means the Secretary of Financial and | 12 | | Professional Regulation. | 13 | | "The profession of interior design", within the meaning and | 14 | | intent
of this Act, refers to persons qualified by education, | 15 | | experience, and
examination, who administer contracts for | 16 | | fabrication, procurement, or
installation in the | 17 | | implementation of designs, drawings, and specifications
for | 18 | | any interior design project and offer or furnish professional | 19 | | services,
such as consultations, studies, drawings, and | 20 | | specifications in connection
with the location of lighting | 21 | | fixtures, lamps and specifications of ceiling
finishes as shown | 22 | | in reflected ceiling plans, space planning, furnishings,
or the | 23 | | fabrication of non-loadbearing structural elements within and
| 24 | | surrounding interior spaces of buildings but specifically | 25 | | excluding
mechanical and electrical systems, except for | 26 | | specifications of fixtures
and their location within interior |
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| 1 | | spaces.
| 2 | | A person represents himself or herself to be a "registered | 3 | | interior designer" within the
meaning of this Act if he or she | 4 | | holds himself or herself out to the public by any title
| 5 | | incorporating the words "registered interior designer" or any
| 6 | | title that includes the words "registered interior design".
| 7 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 8 | | (225 ILCS 310/5) (from Ch. 111, par. 8205)
| 9 | | (Section scheduled to be repealed on January 1, 2022) | 10 | | Sec. 5. Powers and duties of the Department. Subject to the
| 11 | | provisions of this Act, the Department shall exercise the | 12 | | following
functions, powers, and duties:
| 13 | | (a) To conduct or authorize examinations to ascertain | 14 | | the fitness and
qualifications of applicants for | 15 | | registration and issue certificates of
registration to | 16 | | those who are found to be fit and qualified.
| 17 | | (b) To prescribe rules and regulations for a method of | 18 | | examination of
candidates. The Department shall designate | 19 | | as its examination for registered interior
designers the | 20 | | National Council for Interior Design Qualification | 21 | | examination.
| 22 | | (c) To adopt as its own rules relating to education | 23 | | requirements, those guidelines published from time to time | 24 | | by the Council for Interior Design Accreditation
| 25 | | Foundation for Interior Design Education Research or its |
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| 1 | | successor entity equivalent .
| 2 | | (d) To conduct hearings on proceedings to revoke, | 3 | | suspend, or refuse to
issue certificates of registration.
| 4 | | (e) To promulgate rules and regulations required for | 5 | | the administration
of this Act.
| 6 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 7 | | (225 ILCS 310/8) (from Ch. 111, par. 8208)
| 8 | | (Section scheduled to be repealed on January 1, 2022) | 9 | | Sec. 8. Requirements for registration.
| 10 | | (a) Each applicant for registration shall apply to the | 11 | | Department in
writing on a form provided by the Department. | 12 | | Except as otherwise provided in
this Act, each applicant shall | 13 | | take and pass the examination approved by the
Department. Prior | 14 | | to registration, the applicant shall provide substantial
| 15 | | evidence to the Board that the applicant:
| 16 | | (1) is a graduate of a 5-year 5 year interior design | 17 | | program from an
accredited institution and has completed at | 18 | | least 2 years of full-time full time
diversified interior | 19 | | design experience;
| 20 | | (2) is a graduate of a 4-year 4 year interior design | 21 | | program from an
accredited institution and has completed at | 22 | | least 2 years of full-time full time
diversified interior | 23 | | design experience;
| 24 | | (3) has completed at least 3 years of interior design | 25 | | curriculum
from an accredited institution and has |
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| 1 | | completed 3 years of full-time full time
diversified | 2 | | interior design experience;
| 3 | | (4) is a graduate of a 2-year 2 year interior design | 4 | | program from an
accredited institution and has completed 4 | 5 | | years of full-time full time diversified
interior design | 6 | | experience; or
| 7 | | (5) (blank).
| 8 | | (b) In addition to providing evidence of meeting the | 9 | | requirements of
subsection (a) , each :
(1) Each applicant for | 10 | | registration as a registered interior designer shall
provide | 11 | | substantial evidence that he or she has successfully completed | 12 | | the
examination administered by the National Council for | 13 | | Interior Design
Qualifications.
| 14 | | (2) (Blank).
| 15 | | Examinations for applicants under this Act may be held at | 16 | | the direction of
the Department from time to time but not less | 17 | | than once each year. The scope
and form of the examination | 18 | | shall conform to the National Council for Interior
Design | 19 | | Qualification examination for interior designers.
| 20 | | (b-5) Each applicant for registration who possesses the | 21 | | necessary
qualifications shall pay to the Department the | 22 | | required registration fee,
which is not refundable , at the time | 23 | | of filing his or her application .
| 24 | | (c) An individual may apply applying for original | 25 | | registration prior to passing the examination. He or she shall | 26 | | have 2 years after 3 years from the
date of filing an |
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| 1 | | application to pass the examination complete the application | 2 | | process . If evidence and documentation of passing the | 3 | | examination is received by the Department later than 2 years | 4 | | after the individual's filing the process
has not been | 5 | | completed in 3 years , the application shall be denied and the
| 6 | | fee forfeited. The applicant may reapply at any time , but shall | 7 | | meet the requirements
in effect at the time of reapplication.
| 8 | | (c) (Blank).
| 9 | | (c-5) (Blank).
| 10 | | (d) Upon payment of the required fee, which shall be | 11 | | determined by rule,
an applicant who is an architect licensed | 12 | | under the laws of this State may,
without examination, be | 13 | | granted registration as a registered interior designer by the | 14 | | Department provided the applicant submits
proof of an active | 15 | | architectural license in Illinois.
| 16 | | (e) (Blank).
| 17 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 18 | | (225 ILCS 310/9) (from Ch. 111, par. 8209)
| 19 | | (Section scheduled to be repealed on January 1, 2022) | 20 | | Sec. 9. Expiration; renewal; restoration.
| 21 | | (a) The expiration date and renewal period for each | 22 | | certificate of
registration issued under this Act shall be set | 23 | | by rule. A registrant may
renew such registration during the | 24 | | month preceding its expiration date by
paying the required | 25 | | renewal fee.
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| 1 | | (b) Inactive status.
| 2 | | (1) Any registrant who notifies the Department in | 3 | | writing on forms
prescribed by the Department may elect to | 4 | | place his or her certificate of
registration on an inactive | 5 | | status and shall, subject to rules of the
Department, be | 6 | | excused from payment of renewal fees until he or she | 7 | | notifies the
Department in writing of his or her desire to | 8 | | resume active status.
| 9 | | (2) Any registrant requesting restoration from | 10 | | inactive status shall be
required to pay the current | 11 | | renewal fee and shall be required to restore
his or her | 12 | | registration.
| 13 | | (3) Any registrant whose registration is on inactive | 14 | | status shall
not use the title "registered interior | 15 | | designer"
in the State of Illinois.
| 16 | | (4) Any registrant who uses the title "registered | 17 | | interior designer" while his or her
certificate of | 18 | | registration is lapsed or inactive shall be considered to | 19 | | be
using the title without a registration which shall be | 20 | | grounds for
discipline under Section 13 of this Act.
| 21 | | (c) Any registrant whose registration has expired may have | 22 | | his
or her certificate of registration restored at any time | 23 | | within 5 years
after its expiration, upon payment of the | 24 | | required fee.
| 25 | | (d) Any person whose registration has been expired for more | 26 | | than
5 years may have his or her registration restored by |
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| 1 | | making application to the
Department and filing proof | 2 | | acceptable to the Department of his or her fitness to
have his | 3 | | or her registration restored, including sworn evidence | 4 | | certifying to
active lawful practice in another jurisdiction, | 5 | | and by paying the required
restoration fee. A person using the | 6 | | title "registered interior designer" on an expired
| 7 | | registration is deemed to be in violation of this Act.
| 8 | | (e) If a person whose certificate of registration has | 9 | | expired has not
maintained active status in another | 10 | | jurisdiction, the Department shall
determine, by an evaluation | 11 | | process established by rule, his or her fitness to
resume | 12 | | active status and may require the person to complete a period | 13 | | of
evaluated practical experience, and may require successful | 14 | | completion of
an examination.
| 15 | | (f) Any person whose certificate of registration has | 16 | | expired while he or she
has been engaged (1) in federal or | 17 | | State service active duty, or (2) in
training or education | 18 | | under the supervision of the United States
preliminary to | 19 | | induction into the military service, may have his
or her | 20 | | registration restored without paying any lapsed renewal or | 21 | | restoration fee
if, within 2 years after termination of such | 22 | | service, training or
education, he or she furnishes the | 23 | | Department with satisfactory proof that he or she has
been so | 24 | | engaged and that his or her service, training, or education has | 25 | | been
so terminated.
| 26 | | (g) An individual applying for restoration of a |
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| 1 | | registration shall have 3
years from the date of application to | 2 | | complete the application process. If
the process has not been | 3 | | completed in 3 years, the application shall be
denied and the | 4 | | fee forfeited. The applicant may reapply at any time , but shall | 5 | | meet the
requirement in effect at the time of reapplication .
| 6 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 7 | | (225 ILCS 310/10) (from Ch. 111, par. 8210)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 10. Foreign applicants. Upon payment of the required | 10 | | fee, an
applicant who is an interior designer currently
| 11 | | registered , certified, or licensed under the laws
of another | 12 | | state or territory of the United States or a foreign country
or | 13 | | province shall, without further examination, be granted | 14 | | registration as
an interior designer , as the case may be,
by | 15 | | the Department : (a) whenever the requirements of such state or | 16 | | territory of the United
States or a foreign country or province | 17 | | were, at the date of
registration , certification, or licensure, | 18 | | substantially equal to or greater than
the requirements then in | 19 | | force in this State . ; or
| 20 | | (b) whenever such requirements of another state or | 21 | | territory of the
United States or a foreign country or | 22 | | province together with
educational and professional | 23 | | qualifications, as distinguished from practical
| 24 | | experience, of the applicant since obtaining a license as | 25 | | an interior designer
in such state or territory of the |
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| 1 | | United
States are substantially equal to the requirements | 2 | | in force in Illinois at the
time of application for | 3 | | registration.
| 4 | | (Source: P.A. 96-1334, eff. 7-27-10 .)
| 5 | | (225 ILCS 310/13) (from Ch. 111, par. 8213)
| 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 13. Refusal, revocation or suspension of | 8 | | registration. The Department may refuse to issue, renew, or | 9 | | restore or may revoke, suspend,
place on probation, reprimand | 10 | | or take other disciplinary action as the
Department may deem | 11 | | proper, including fines not to exceed $5,000 for
each | 12 | | violation, with regard to any registration for any one or | 13 | | combination
of the following causes:
| 14 | | (a) Fraud in procuring the certificate of | 15 | | registration.
| 16 | | (b) Habitual intoxication or addiction to the use of | 17 | | drugs.
| 18 | | (c) Making any misrepresentations or false promises, | 19 | | directly or
indirectly, to influence, persuade, or induce | 20 | | patronage.
| 21 | | (d) Professional connection or association with, or | 22 | | lending his or her name, to
another for illegal use of the | 23 | | title "registered interior designer", or professional | 24 | | connection or association with any person,
firm, or | 25 | | corporation holding itself out in any manner contrary to |
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| 1 | | this Act.
| 2 | | (e) Obtaining or seeking to obtain checks, money, or | 3 | | any other items of
value by false or fraudulent | 4 | | representations.
| 5 | | (f) Use of the title under a name other than his or her | 6 | | own.
| 7 | | (g) Improper, unprofessional, or dishonorable conduct | 8 | | of a character
likely to deceive, defraud, or harm the | 9 | | public.
| 10 | | (h) Conviction in this or another state, or federal | 11 | | court, of any crime
which is a felony, if the Department | 12 | | determines, after investigation, that
such person has not | 13 | | been sufficiently rehabilitated to warrant the public
| 14 | | trust.
| 15 | | (i) A violation of any provision of this Act or its | 16 | | rules.
| 17 | | (j) Revocation by another state, the District of | 18 | | Columbia, territory, or
foreign nation of an interior | 19 | | design or residential interior design license, | 20 | | certification, or
registration if at least one of the
| 21 | | grounds for that revocation is the same as or the | 22 | | equivalent of one of the
grounds for revocation set forth | 23 | | in this Act.
| 24 | | (k) Mental incompetence as declared by a court of | 25 | | competent jurisdiction.
| 26 | | (l) Being named as a perpetrator in an indicated report |
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| 1 | | by the
Department of Children and Family Services pursuant | 2 | | to the Abused and
Neglected Child Reporting Act, and upon | 3 | | proof by clear and convincing
evidence that the registrant | 4 | | has caused a child to be an abused child or
neglected child | 5 | | as defined in the Abused and Neglected Child Reporting Act.
| 6 | | (m) Aiding or assisting another person in violating any | 7 | | provision of this Act or its rules. | 8 | | (n) Failure to provide information in response to a | 9 | | written request made by the Department within 30 days after | 10 | | receipt of the written request. | 11 | | (o) Physical illness, including, but not limited to, | 12 | | deterioration through the aging process or loss of motor | 13 | | skill that results in the inability to practice interior | 14 | | design with reasonable judgment, skill, or safety. | 15 | | The Department shall deny a registration or renewal | 16 | | authorized by
this Act to any person who has defaulted on an | 17 | | educational loan guaranteed
by the Illinois Student Assistance | 18 | | Commission; however, the Department may
issue a certificate of | 19 | | registration or renewal if such person has
established a | 20 | | satisfactory repayment record as determined by the
Illinois | 21 | | Student Assistance Commission.
| 22 | | The Department may refuse to issue or may suspend the | 23 | | registration
of any person who fails to file a return, or to | 24 | | pay the tax, penalty, or
interest showing in a filed return, or | 25 | | to pay any final assessment of tax,
penalty, or interest, as | 26 | | required by any tax Act administered by the
Illinois Department |
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| 1 | | of Revenue, until such time as the requirements of any
such tax | 2 | | Act are satisfied.
| 3 | | The entry of a decree by any circuit court establishing | 4 | | that any person
holding a certificate of registration under | 5 | | this Act is a person subject to
involuntary admission under the | 6 | | Mental Health and Developmental Disabilities
Code shall | 7 | | operate as a suspension of that registration. That person may
| 8 | | resume using the title "registered interior designer" only upon | 9 | | a finding by the Board that he or she has been determined to be | 10 | | no
longer subject to involuntary admission by the court and | 11 | | upon the Board's
recommendation to the Director that he or she | 12 | | be permitted to resume using the title
"registered interior | 13 | | designer".
| 14 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 15 | | Section 15. The Unified Code of Corrections is amended by | 16 | | changing Section 5-5-5 as follows:
| 17 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 18 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 19 | | (a) Conviction and disposition shall not entail the loss by | 20 | | the
defendant of any civil rights, except under this Section | 21 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 22 | | hereafter amended.
| 23 | | (b) A person convicted of a felony shall be ineligible to | 24 | | hold an office
created by the Constitution of this State until |
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| 1 | | the completion of his sentence.
| 2 | | (c) A person sentenced to imprisonment shall lose his right | 3 | | to vote
until released from imprisonment.
| 4 | | (d) On completion of sentence of imprisonment or upon | 5 | | discharge from
probation, conditional discharge or periodic | 6 | | imprisonment, or at any time
thereafter, all license rights and | 7 | | privileges
granted under the authority of this State which have | 8 | | been revoked or
suspended because of conviction of an offense | 9 | | shall be restored unless the
authority having jurisdiction of | 10 | | such license rights finds after
investigation and hearing that | 11 | | restoration is not in the public interest.
This paragraph (d) | 12 | | shall not apply to the suspension or revocation of a
license to | 13 | | operate a motor vehicle under the Illinois Vehicle Code.
| 14 | | (e) Upon a person's discharge from incarceration or parole, | 15 | | or upon a
person's discharge from probation or at any time | 16 | | thereafter, the committing
court may enter an order certifying | 17 | | that the sentence has been
satisfactorily completed when the | 18 | | court believes it would assist in the
rehabilitation of the | 19 | | person and be consistent with the public welfare.
Such order | 20 | | may be entered upon the motion of the defendant or the State or
| 21 | | upon the court's own motion.
| 22 | | (f) Upon entry of the order, the court shall issue to the | 23 | | person in
whose favor the order has been entered a certificate | 24 | | stating that his
behavior after conviction has warranted the | 25 | | issuance of the order.
| 26 | | (g) This Section shall not affect the right of a defendant |
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| 1 | | to
collaterally attack his conviction or to rely on it in bar | 2 | | of subsequent
proceedings for the same offense.
| 3 | | (h) No application for any license specified in subsection | 4 | | (i) of this
Section granted under the
authority of this State | 5 | | shall be denied by reason of an eligible offender who
has | 6 | | obtained a certificate of relief from disabilities, as
defined | 7 | | in Article 5.5 of this Chapter, having been previously | 8 | | convicted of one
or more
criminal offenses, or by reason of a | 9 | | finding of lack of "good moral
character" when the finding is | 10 | | based upon the fact that the applicant has
previously been | 11 | | convicted of one or more criminal offenses, unless:
| 12 | | (1) there is a direct relationship between one or more | 13 | | of the previous
criminal offenses and the specific license | 14 | | sought; or
| 15 | | (2) the issuance of the license would
involve an | 16 | | unreasonable risk to property or to the safety or welfare | 17 | | of
specific individuals or the general public.
| 18 | | In making such a determination, the licensing agency shall | 19 | | consider the
following factors:
| 20 | | (1) the public policy of this State, as expressed in | 21 | | Article 5.5 of this
Chapter, to encourage the licensure and | 22 | | employment of persons previously
convicted of one or more | 23 | | criminal offenses;
| 24 | | (2) the specific duties and responsibilities | 25 | | necessarily related to the
license being sought;
| 26 | | (3) the bearing, if any, the criminal offenses or |
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| 1 | | offenses for which the
person
was previously convicted will | 2 | | have on his or her fitness or ability to perform
one or
| 3 | | more such duties and responsibilities;
| 4 | | (4) the time which has elapsed since the occurrence of | 5 | | the criminal
offense or offenses;
| 6 | | (5) the age of the person at the time of occurrence of | 7 | | the criminal
offense or offenses;
| 8 | | (6) the seriousness of the offense or offenses;
| 9 | | (7) any information produced by the person or produced | 10 | | on his or her
behalf in
regard to his or her rehabilitation | 11 | | and good conduct, including a certificate
of relief from | 12 | | disabilities issued to the applicant, which certificate | 13 | | shall
create a presumption of rehabilitation in regard to | 14 | | the offense or offenses
specified in the certificate; and
| 15 | | (8) the legitimate interest of the licensing agency in | 16 | | protecting
property, and
the safety and welfare of specific | 17 | | individuals or the general public.
| 18 | | (i) A certificate of relief from disabilities shall be | 19 | | issued only
for a
license or certification issued under the | 20 | | following Acts:
| 21 | | (1) the Animal Welfare Act; except that a certificate | 22 | | of relief from
disabilities may not be granted
to provide | 23 | | for
the
issuance or restoration of a license under the | 24 | | Animal Welfare Act for any
person convicted of violating | 25 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 26 | | Care for Animals Act or Section 26-5 or 48-1 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 2 | | (2) the Illinois Athletic Trainers Practice Act;
| 3 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 4 | | and Nail Technology Act of 1985;
| 5 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 6 | | Act;
| 7 | | (5) the Boxing and Full-contact Martial Arts Act;
| 8 | | (6) the Illinois Certified Shorthand Reporters Act of | 9 | | 1984;
| 10 | | (7) the Illinois Farm Labor Contractor Certification | 11 | | Act;
| 12 | | (8) the Registered Interior Designers Design Title | 13 | | Act;
| 14 | | (9) the Illinois Professional Land Surveyor Act of | 15 | | 1989;
| 16 | | (10) the Illinois Landscape Architecture Act of 1989;
| 17 | | (11) the Marriage and Family Therapy Licensing Act;
| 18 | | (12) the Private Employment Agency Act;
| 19 | | (13) the Professional Counselor and Clinical | 20 | | Professional Counselor
Licensing and Practice
Act;
| 21 | | (14) the Real Estate License Act of 2000;
| 22 | | (15) the Illinois Roofing Industry Licensing Act; | 23 | | (16) the Professional Engineering Practice Act of | 24 | | 1989; | 25 | | (17) the Water Well and Pump Installation Contractor's | 26 | | License Act; |
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| 1 | | (18) the Electrologist Licensing Act;
| 2 | | (19) the Auction License Act; | 3 | | (20) the Illinois Architecture Practice Act of 1989; | 4 | | (21) the Dietitian Nutritionist Practice Act; | 5 | | (22) the Environmental Health Practitioner Licensing | 6 | | Act; | 7 | | (23) the Funeral Directors and Embalmers Licensing | 8 | | Code; | 9 | | (24) (blank); | 10 | | (25) the Professional Geologist Licensing Act; | 11 | | (26) the Illinois Public Accounting Act; and | 12 | | (27) the Structural Engineering Practice Act of 1989.
| 13 | | (Source: P.A. 100-534, eff. 9-22-17.)
| 14 | | Section 20. The Mechanics Lien Act is amended by changing | 15 | | Section 1 as follows:
| 16 | | (770 ILCS 60/1) (from Ch. 82, par. 1)
| 17 | | Sec. 1. Contractor defined; amount of lien; waiver of lien; | 18 | | attachment of lien; agreement to waive; when not enforceable.
| 19 | | (a) Any person who shall by any contract or contracts, | 20 | | express or
implied, or partly expressed or implied, with the | 21 | | owner of a lot or
tract of land, or with one whom the owner has | 22 | | authorized or knowingly
permitted to contract, to improve the | 23 | | lot or tract of land or for the purpose of improving the tract | 24 | | of land, or to manage a
structure under construction thereon, |
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| 1 | | is known under this Act as a contractor and has a lien upon the | 2 | | whole of such lot or tract of land and upon adjoining or | 3 | | adjacent lots or tracts of land of such owner constituting the | 4 | | same premises and occupied or used in connection with such lot | 5 | | or tract of land as a place of residence or business; and in | 6 | | case the contract relates to 2 or more buildings, on 2 or more | 7 | | lots or tracts of land, upon all such lots and tracts of land | 8 | | and improvements thereon for the amount due to him or her for | 9 | | the material, fixtures, apparatus, machinery, services or | 10 | | labor, and interest at the rate of 10% per annum from the date | 11 | | the same is due. This lien extends to an estate in fee, for | 12 | | life, for years, or any other estate or any right of redemption | 13 | | or other interest that the owner may have in the lot or tract | 14 | | of land at the time of making such contract or may subsequently | 15 | | acquire and this lien attaches as of the date of the contract. | 16 | | (b) As used in subsection (a) of this Section, "improve" | 17 | | means to furnish labor, services, material, fixtures, | 18 | | apparatus or
machinery, forms or form work in the process of | 19 | | construction where
cement, concrete or like material is used | 20 | | for the purpose of or in the
building, altering, repairing or | 21 | | ornamenting any house or other building,
walk or sidewalk, | 22 | | whether the walk or sidewalk is on the land or bordering
| 23 | | thereon, driveway, fence or improvement or appurtenances to the | 24 | | lot or
tract of land or connected therewith, and upon, over or | 25 | | under a sidewalk,
street or alley adjoining; or fill, sod or | 26 | | excavate such lot or tract of
land, or do landscape work |
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| 1 | | thereon or therefor; or raise or lower any house
thereon or | 2 | | remove any house thereto, or remove any house or other | 3 | | structure
therefrom, or perform any services or incur any | 4 | | expense as an architect,
structural engineer, professional | 5 | | engineer, land surveyor , registered interior designer, or
| 6 | | property manager in, for , or on a lot or tract of land for any | 7 | | such purpose;
or drill any water well thereon; or furnish or | 8 | | perform labor or services as
superintendent, time keeper, | 9 | | mechanic, laborer or otherwise, in the
building, altering, | 10 | | repairing or ornamenting of the same; or furnish
material, | 11 | | fixtures, apparatus, machinery, labor or services, forms or | 12 | | form
work used in the process of construction where concrete, | 13 | | cement or like
material is used, or drill any water well on the | 14 | | order of his agent,
architect, structural engineer , registered | 15 | | interior designer, or superintendent having charge of the
| 16 | | improvements, building, altering, repairing , or ornamenting | 17 | | the same. | 18 | | (c) The taking of additional
security by the contractor or | 19 | | sub-contractor is not a waiver of any
right of lien which he | 20 | | may have by virtue of this Act, unless made a
waiver by express | 21 | | agreement of the parties and the waiver is not
prohibited by | 22 | | this Act.
| 23 | | (d) An agreement to waive any right to enforce or claim any | 24 | | lien under this Act, or an agreement to subordinate the lien, | 25 | | where the agreement is in anticipation of and in consideration | 26 | | for the awarding of a contract or subcontract, either express |
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| 1 | | or implied, to perform work or supply materials for an | 2 | | improvement upon real property is against public policy and | 3 | | unenforceable. This Section does not prohibit release of lien | 4 | | under subsection (b) of Section 35 of this Act, nor does it | 5 | | prohibit an agreement to subordinate a mechanics lien to a | 6 | | mortgage lien that secures a construction loan if that | 7 | | agreement is made after more than 50% of the loan has been | 8 | | disbursed to fund improvements to the property.
| 9 | | (Source: P.A. 98-764, eff. 7-16-14.)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2018. |
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