Illinois General Assembly - Full Text of SB0326
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Full Text of SB0326  100th General Assembly



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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.32 as follows:
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022: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
19(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
2097-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
218-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
22eff. 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
2changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 and by adding
3Section 11.5 as follows:
4    (225 ILCS 310/1)  (from Ch. 111, par. 8201)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 1. Short title. This Act may be cited as the
7Registered Interior Designers Design Title Act.
8(Source: P.A. 92-104, eff. 7-20-01.)
9    (225 ILCS 310/2)  (from Ch. 111, par. 8202)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 2. Public policy. Interior design in the State of
12Illinois is hereby declared to affect the public health,
13safety, and welfare and to be subject to regulation and control
14in the public interest. It is further declared to be a matter
15of public interest and concern that the interior design
16profession professions merit and receive the confidence of the
17public and that only qualified persons be permitted to use the
18title of registered interior designer in the State of Illinois.
19This Act shall be liberally construed to carry out these
20objectives and purposes.
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
22    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
23    (Section scheduled to be repealed on January 1, 2022)



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1    Sec. 3. Definitions. As used in this Act:
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    "Board" means the Board of Registered Interior Design
7Professionals established under Section 6 of this Act.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "The profession of interior design", within the meaning and
11intent of this Act, refers to persons qualified by education,
12experience, and examination, who administer contracts for
13fabrication, procurement, or installation in the
14implementation of designs, drawings, and specifications for
15any interior design project and offer or furnish professional
16services, such as consultations, studies, drawings, and
17specifications in connection with the location of lighting
18fixtures, lamps and specifications of ceiling finishes as shown
19in reflected ceiling plans, space planning, furnishings, or the
20fabrication of non-loadbearing structural elements within and
21surrounding interior spaces of buildings but specifically
22excluding mechanical and electrical systems, except for
23specifications of fixtures and their location within interior
25    "Public member" means a person who is not an interior
26designer, educator in the field, architect, structural



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1engineer, or professional engineer. For purposes of board
2membership, any person with a significant financial interest in
3the design or construction service or profession is not a
4public member.
5    "Registered interior designer" means a person who has
6received registration under Section 8 of this Act. A person
7represents himself or herself to be a "registered interior
8designer" within the meaning of this Act if he or she holds
9himself or herself out to the public by any title incorporating
10the words "registered interior designer" or any title that
11includes the words "registered interior design".
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "The profession of interior design", within the meaning and
15intent of this Act, refers to persons qualified by education,
16experience, and examination, who administer contracts for
17fabrication, procurement, or installation in the
18implementation of designs, drawings, and specifications for
19any interior design project and offer or furnish professional
20services, such as consultations, studies, drawings, and
21specifications in connection with the location of lighting
22fixtures, lamps and specifications of ceiling finishes as shown
23in reflected ceiling plans, space planning, furnishings, or the
24fabrication of non-loadbearing structural elements within and
25surrounding interior spaces of buildings but specifically
26excluding mechanical and electrical systems, except for



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1specifications of fixtures and their location within interior
3    A person represents himself or herself to be a "registered
4interior designer" within the meaning of this Act if he or she
5holds himself or herself out to the public by any title
6incorporating the words "registered interior designer" or any
7title that includes the words "registered interior design".
8(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
9    (225 ILCS 310/5)  (from Ch. 111, par. 8205)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 5. Powers and duties of the Department. Subject to the
12provisions of this Act, the Department shall exercise the
13following functions, powers, and duties:
14        (a) To conduct or authorize examinations to ascertain
15    the fitness and qualifications of applicants for
16    registration and issue certificates of registration to
17    those who are found to be fit and qualified.
18        (b) To prescribe rules and regulations for a method of
19    examination of candidates. The Department shall designate
20    as its examination for registered interior designers the
21    National Council for Interior Design Qualification
22    examination.
23        (c) To adopt as its own rules relating to education and
24    experience requirements, those guidelines published from
25    time to time by the Council for Interior Design



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1    Accreditation Foundation for Interior Design Education
2    Research or its successor entity equivalent.
3        (d) To conduct hearings on proceedings to revoke,
4    suspend, or refuse to issue certificates of registration.
5        (e) To promulgate rules and regulations required for
6    the administration of this Act.
7        (f) The Department is encouraged to:
8            (1) maintain membership in the Council for
9        Interior Design Qualification and participate in
10        activities of the Council for Interior Design
11        Qualification Council of Delegates; and
12            (2) designate at least one employee of the
13        Department to attend national and regional meetings of
14        the Council for Interior Design Qualification. All
15        costs associated with Department membership and
16        attendance of the delegate to any national or regional
17        Council for Interior Design Qualification meetings may
18        be funded from the General Professions Dedicated Fund.
19(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
20    (225 ILCS 310/8)  (from Ch. 111, par. 8208)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 8. Requirements for registration.
23    (a) Each applicant for registration shall apply to the
24Department in writing on a form provided by the Department.
25Except as otherwise provided in this Act, each applicant shall



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1take and pass the examination approved by the Department. Prior
2to registration, the applicant shall provide substantial
3evidence to the Board that the applicant: (1) is a graduate of
4a 5 year interior design program from an accredited institution
5and has completed at least 2 years of full time diversified
6interior design experience; (2) is a graduate of a 4 year
7interior design program from an accredited institution and has
8completed at least 2 years of full time diversified interior
9design experience; (3) has completed at least 3 years of
10interior design curriculum from an accredited institution and
11has completed 3 years of full time diversified interior design
12experience; (4) is a graduate of a 2 year interior design
13program from an accredited institution and has completed 4
14years of full time diversified interior design experience; or
15(5) (blank). (b) In addition to providing evidence of meeting
16the requirements of subsection (a): (1) Each applicant for
17registration as a registered interior designer shall provide
18substantial evidence, including written documentation, to the
19Department that he or she has successfully passed completed the
20examination administered by the National Council for Interior
21Design Qualification Qualifications. An applicant shall
22provide written documentation showing his or her fulfillment of
23the education requirements of the Council for Interior Design
24Qualification in order for the applicant to sit for the
25examination. The evidence and documentation shall be placed on
26file at the Department and be available to the Board.



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1        (2) (Blank).
2    Examinations for applicants under this Act may be held at
3the direction of the Department from time to time but not less
4than once each year. The scope and form of the examination
5shall conform to the National Council for Interior Design
6Qualification examination for interior designers.
7    (b) Each applicant for registration who possesses the
8necessary qualifications shall pay to the Department the
9required registration fee, which is not refundable, at the time
10of filing his or her application.
11    (c) An individual may apply applying for original
12registration prior to passing the National Council for Interior
13Design Qualification examination. He or she shall have 2 years
14after 3 years from the date of filing an application to pass
15the examination complete the application process. If evidence
16and documentation of passing the examination is received by the
17Department later than 2 years after the individual's filing the
18process has not been completed in 3 years, the application
19shall be denied and the fee forfeited. The applicant may
20reapply at any time , but shall meet the requirements in effect
21at the time of reapplication.
22    (c) (Blank).
23    (c-5) (Blank).
24    (d) Upon payment of the required fee, which shall be
25determined by rule, an applicant who is an architect licensed
26under the laws of this State may, without passing the National



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1Council for Interior Design Qualification examination, be
2granted registration as a registered interior designer by the
3Department provided the applicant submits proof of an active
4architectural license in Illinois.
5    (e) (Blank).
6(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
7    (225 ILCS 310/9)  (from Ch. 111, par. 8209)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 9. Expiration; renewal; restoration.
10    (a) The expiration date and renewal period for each
11certificate of registration issued under this Act shall be set
12by rule. A registrant may renew such registration during the
13month preceding its expiration date by paying the required
14renewal fee.
15    (b) Inactive status.
16        (1) Any registrant who notifies the Department in
17    writing on forms prescribed by the Department may elect to
18    place his or her certificate of registration on an inactive
19    status and shall, subject to rules of the Department, be
20    excused from payment of renewal fees until he or she
21    notifies the Department in writing of his or her desire to
22    resume active status.
23        (2) Any registrant requesting restoration from
24    inactive status shall be required to pay the current
25    renewal fee and shall be required to restore his or her



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1    registration.
2        (3) Any registrant whose registration is on inactive
3    status shall not use the title "registered interior
4    designer" in the State of Illinois.
5        (4) Any registrant who uses the title "registered
6    interior designer" while his or her certificate of
7    registration is lapsed or inactive shall be considered to
8    be using the title without a registration which shall be
9    grounds for discipline under Section 13 of this Act.
10    (c) Any registrant whose registration has expired may have
11his or her certificate of registration restored at any time
12within 5 years after its expiration, upon payment of the
13required fee.
14    (d) Any person whose registration has been expired for more
15than 5 years may have his or her registration restored by
16making application to the Department and filing proof
17acceptable to the Department of his or her fitness to have his
18or her registration restored, including sworn evidence
19certifying to active lawful practice in another jurisdiction,
20and by paying the required restoration fee. A person using the
21title "registered interior designer" on an expired
22registration is deemed to be in violation of this Act.
23    (e) If a person whose certificate of registration has
24expired has not maintained active status in another
25jurisdiction, the Department shall determine, by an evaluation
26process established by rule, his or her fitness to resume



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1active status and may require the person to complete a period
2of evaluated practical experience, and may require successful
3completion of an examination.
4    (f) Any person whose certificate of registration has
5expired while he or she has been engaged (1) in federal or
6State service active duty, or (2) in training or education
7under the supervision of the United States preliminary to
8induction into the military service, may have his or her
9registration restored without paying any lapsed renewal or
10restoration fee if, within 2 years after termination of such
11service, training or education, he or she furnishes the
12Department with satisfactory proof that he or she has been so
13engaged and that his or her service, training, or education has
14been so terminated.
15    (g) An individual applying for restoration of a
16registration shall have 3 years from the date of application to
17complete the application process. If the process has not been
18completed in 3 years, the application shall be denied and the
19fee forfeited. The applicant may reapply at any time , but shall
20meet the requirement in effect at the time of reapplication.
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
22    (225 ILCS 310/10)  (from Ch. 111, par. 8210)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 10. Foreign applicants. Upon payment of the required
25fee, an applicant who is an interior designer currently



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1registered, certified, or licensed under the laws of another
2state or territory of the United States or a foreign country or
3province shall, without further examination, be granted
4registration as an interior designer, as the case may be, by
5the Department if, as determined by the Department, the
6applicant provides adequate documentation establishing:
7        (1) that the applicant has passed the National Council
8    for Interior Design Qualification examination; and
9        (2) the applicant's current licensure, certification,
10    or registration with regard to the practice of interior
11    design in one or more jurisdictions; (a) whenever the
12    requirements of such state or territory of the United
13    States or a foreign country or province were, at the date
14    of registration, certification, or licensure,
15    substantially equal to or greater than the requirements
16    then in force in this State. ; or
17        (b) whenever such requirements of another state or
18    territory of the United States or a foreign country or
19    province together with educational and professional
20    qualifications, as distinguished from practical
21    experience, of the applicant since obtaining a license as
22    an interior designer in such state or territory of the
23    United States are substantially equal to the requirements
24    in force in Illinois at the time of application for
25    registration.
26(Source: P.A. 96-1334, eff. 7-27-10.)



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1    (225 ILCS 310/11.5 new)
2    Sec. 11.5. Continuing education.
3    (a) This Section applies to an individual applying for
4renewal or restoration of registration as a registered interior
6    (b) An applicant for renewal of registration shall submit
7proof to the Department of having completed 24 continuing
8education units from one or more Department approved continuing
9education providers during the term of the registration.
10    An applicant shall prove completion of continuing
11education units by submitting with the registration renewal
12application the following information:
13        (1) Official documentation from a continuing education
14    provider, including:
15            (A) the name and address of the continuing
16        education provider;
17            (B) the dates on which the applicant attended the
18        provider's continuing education course;
19            (C) the name of the continuing education course and
20        a description of the subject matter covered; and
21            (D) the hours of credit earned by the applicant due
22        to his or her successful completion of the continuing
23        education course.
24        (2) Satisfactory documentation that a total of at least
25    12 continuing education units addresses one or more of the



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1    following subject matters:
2            (A) The health, wellness, or overall consumer
3        protection of building occupants.
4            (B) Public safety, with an emphasis on the impact
5        and application of the State, county, and local
6        building codes, especially those pertaining to fire
7        safety within interior spaces of a building or
8        structure.
9            (C) Resiliency.
10            (D) Sustainability.
11            (E) The impact and application of the federal
12        Americans with Disabilities Act and State, county, or
13        local accessibility standards or laws, such as the
14        Environmental Barriers Act and the Illinois
15        Accessibility Code.
16    (c) An individual with an expired registration of more than
17one year seeking to restore the registration is required to
18meet the same continuing education requirements as an
19individual applying for renewal.
20    (d) The Department shall only approve continuing education
21providers that have an established track record of annual
22course offerings that contribute to individuals' growth of
23professional competence in the practice of interior design.
24    (e) The Department may, in its discretion, grant extensions
25of no more than one year for renewal after expiration if the
26individual applicant's failure to submit proof of completion of



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1required continuing education units was due to emergency or
2hardship, including:
3        (1) serious and protracted illness of the applicant;
4        (2) the death or serious and protracted illness of a
5    member of the applicant's immediate family; or
6        (3) the applicant or the applicant's spouse being on
7    extended active military duty.
8    An extension granted under this Section does not relieve a
9registered interior designer from complying with the
10continuing education requirement.
11    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 13. Refusal, revocation or suspension of
14registration. The Department may refuse to issue, renew, or
15restore or may revoke, suspend, place on probation, reprimand
16or take other disciplinary action as the Department may deem
17proper, including fines not to exceed $5,000 for each
18violation, with regard to any registration for any one or
19combination of the following causes:
20        (a) Fraud in procuring the certificate of
21    registration.
22        (b) Habitual intoxication or addiction to the use of
23    drugs.
24        (c) Making any misrepresentations or false promises,
25    directly or indirectly, to influence, persuade, or induce



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1    patronage.
2        (d) Professional connection or association with, or
3    lending his or her name, to another for illegal use of the
4    title "registered interior designer", or professional
5    connection or association with any person, firm, or
6    corporation holding itself out in any manner contrary to
7    this Act.
8        (e) Obtaining or seeking to obtain checks, money, or
9    any other items of value by false or fraudulent
10    representations.
11        (f) Use of the title under a name other than his or her
12    own.
13        (g) Improper, unprofessional, or dishonorable conduct
14    of a character likely to deceive, defraud, or harm the
15    public.
16        (h) Conviction in this or another state, or federal
17    court, of any crime which is a felony, if the Department
18    determines, after investigation, that such person has not
19    been sufficiently rehabilitated to warrant the public
20    trust.
21        (i) A violation of any provision of this Act or its
22    rules.
23        (j) Revocation by another state, the District of
24    Columbia, territory, or foreign nation of an interior
25    design or residential interior design license,
26    certification, or registration if at least one of the



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1    grounds for that revocation is the same as or the
2    equivalent of one of the grounds for revocation set forth
3    in this Act.
4        (k) Mental incompetence as declared by a court of
5    competent jurisdiction.
6        (l) Being named as a perpetrator in an indicated report
7    by the Department of Children and Family Services pursuant
8    to the Abused and Neglected Child Reporting Act, and upon
9    proof by clear and convincing evidence that the registrant
10    has caused a child to be an abused child or neglected child
11    as defined in the Abused and Neglected Child Reporting Act.
12        (m) Aiding or assisting another person in violating any
13    provision of this Act or its rules.
14        (n) Failure to provide information in response to a
15    written request made by the Department within 30 days after
16    receipt of the written request.
17        (o) Physical illness, including, but not limited to,
18    deterioration through the aging process or loss of motor
19    skill that results in the inability to practice interior
20    design with reasonable judgment, skill, or safety.
21    The Department shall deny a registration or renewal
22authorized by this Act to any person who has defaulted on an
23educational loan guaranteed by the Illinois Student Assistance
24Commission; however, the Department may issue a certificate of
25registration or renewal if such person has established a
26satisfactory repayment record as determined by the Illinois



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1Student Assistance Commission.
2    The Department may refuse to issue or may suspend the
3registration of any person who fails to file a return, or to
4pay the tax, penalty, or interest showing in a filed return, or
5to pay any final assessment of tax, penalty, or interest, as
6required by any tax Act administered by the Illinois Department
7of Revenue, until such time as the requirements of any such tax
8Act are satisfied.
9    The entry of a decree by any circuit court establishing
10that any person holding a certificate of registration under
11this Act is a person subject to involuntary admission under the
12Mental Health and Developmental Disabilities Code shall
13operate as a suspension of that registration. That person may
14resume using the title "registered interior designer" only upon
15a finding by the Board that he or she has been determined to be
16no longer subject to involuntary admission by the court and
17upon the Board's recommendation to the Director that he or she
18be permitted to resume using the title "registered interior
20(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
21    Section 15. The Unified Code of Corrections is amended by
22changing Section 5-5-5 as follows:
23    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
24    Sec. 5-5-5. Loss and Restoration of Rights.



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1    (a) Conviction and disposition shall not entail the loss by
2the defendant of any civil rights, except under this Section
3and Sections 29-6 and 29-10 of The Election Code, as now or
4hereafter amended.
5    (b) A person convicted of a felony shall be ineligible to
6hold an office created by the Constitution of this State until
7the completion of his sentence.
8    (c) A person sentenced to imprisonment shall lose his right
9to vote until released from imprisonment.
10    (d) On completion of sentence of imprisonment or upon
11discharge from probation, conditional discharge or periodic
12imprisonment, or at any time thereafter, all license rights and
13privileges granted under the authority of this State which have
14been revoked or suspended because of conviction of an offense
15shall be restored unless the authority having jurisdiction of
16such license rights finds after investigation and hearing that
17restoration is not in the public interest. This paragraph (d)
18shall not apply to the suspension or revocation of a license to
19operate a motor vehicle under the Illinois Vehicle Code.
20    (e) Upon a person's discharge from incarceration or parole,
21or upon a person's discharge from probation or at any time
22thereafter, the committing court may enter an order certifying
23that the sentence has been satisfactorily completed when the
24court believes it would assist in the rehabilitation of the
25person and be consistent with the public welfare. Such order
26may be entered upon the motion of the defendant or the State or



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1upon the court's own motion.
2    (f) Upon entry of the order, the court shall issue to the
3person in whose favor the order has been entered a certificate
4stating that his behavior after conviction has warranted the
5issuance of the order.
6    (g) This Section shall not affect the right of a defendant
7to collaterally attack his conviction or to rely on it in bar
8of subsequent proceedings for the same offense.
9    (h) No application for any license specified in subsection
10(i) of this Section granted under the authority of this State
11shall be denied by reason of an eligible offender who has
12obtained a certificate of relief from disabilities, as defined
13in Article 5.5 of this Chapter, having been previously
14convicted of one or more criminal offenses, or by reason of a
15finding of lack of "good moral character" when the finding is
16based upon the fact that the applicant has previously been
17convicted of one or more criminal offenses, unless:
18        (1) there is a direct relationship between one or more
19    of the previous criminal offenses and the specific license
20    sought; or
21        (2) the issuance of the license would involve an
22    unreasonable risk to property or to the safety or welfare
23    of specific individuals or the general public.
24    In making such a determination, the licensing agency shall
25consider the following factors:
26        (1) the public policy of this State, as expressed in



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1    Article 5.5 of this Chapter, to encourage the licensure and
2    employment of persons previously convicted of one or more
3    criminal offenses;
4        (2) the specific duties and responsibilities
5    necessarily related to the license being sought;
6        (3) the bearing, if any, the criminal offenses or
7    offenses for which the person was previously convicted will
8    have on his or her fitness or ability to perform one or
9    more such duties and responsibilities;
10        (4) the time which has elapsed since the occurrence of
11    the criminal offense or offenses;
12        (5) the age of the person at the time of occurrence of
13    the criminal offense or offenses;
14        (6) the seriousness of the offense or offenses;
15        (7) any information produced by the person or produced
16    on his or her behalf in regard to his or her rehabilitation
17    and good conduct, including a certificate of relief from
18    disabilities issued to the applicant, which certificate
19    shall create a presumption of rehabilitation in regard to
20    the offense or offenses specified in the certificate; and
21        (8) the legitimate interest of the licensing agency in
22    protecting property, and the safety and welfare of specific
23    individuals or the general public.
24    (i) A certificate of relief from disabilities shall be
25issued only for a license or certification issued under the
26following Acts:



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1        (1) the Animal Welfare Act; except that a certificate
2    of relief from disabilities may not be granted to provide
3    for the issuance or restoration of a license under the
4    Animal Welfare Act for any person convicted of violating
5    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
6    Care for Animals Act or Section 26-5 or 48-1 of the
7    Criminal Code of 1961 or the Criminal Code of 2012;
8        (2) the Illinois Athletic Trainers Practice Act;
9        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
10    and Nail Technology Act of 1985;
11        (4) the Boiler and Pressure Vessel Repairer Regulation
12    Act;
13        (5) the Boxing and Full-contact Martial Arts Act;
14        (6) the Illinois Certified Shorthand Reporters Act of
15    1984;
16        (7) the Illinois Farm Labor Contractor Certification
17    Act;
18        (8) the Registered Interior Designers Design Title
19    Act;
20        (9) the Illinois Professional Land Surveyor Act of
21    1989;
22        (10) the Illinois Landscape Architecture Act of 1989;
23        (11) the Marriage and Family Therapy Licensing Act;
24        (12) the Private Employment Agency Act;
25        (13) the Professional Counselor and Clinical
26    Professional Counselor Licensing and Practice Act;



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1        (14) the Real Estate License Act of 2000;
2        (15) the Illinois Roofing Industry Licensing Act;
3        (16) the Professional Engineering Practice Act of
4    1989;
5        (17) the Water Well and Pump Installation Contractor's
6    License Act;
7        (18) the Electrologist Licensing Act;
8        (19) the Auction License Act;
9        (20) the Illinois Architecture Practice Act of 1989;
10        (21) the Dietitian Nutritionist Practice Act;
11        (22) the Environmental Health Practitioner Licensing
12    Act;
13        (23) the Funeral Directors and Embalmers Licensing
14    Code;
15        (24) the Land Sales Registration Act of 1999;
16        (25) the Professional Geologist Licensing Act;
17        (26) the Illinois Public Accounting Act; and
18        (27) the Structural Engineering Practice Act of 1989.
19(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
2097-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
211-25-13; 98-756, eff. 7-16-14.)
22    Section 20. The Mechanics Lien Act is amended by changing
23Section 1 as follows:
24    (770 ILCS 60/1)  (from Ch. 82, par. 1)



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1    Sec. 1. Contractor defined; amount of lien; waiver of lien;
2attachment of lien; agreement to waive; when not enforceable.
3    (a) Any person who shall by any contract or contracts,
4express or implied, or partly expressed or implied, with the
5owner of a lot or tract of land, or with one whom the owner has
6authorized or knowingly permitted to contract, to improve the
7lot or tract of land or for the purpose of improving the tract
8of land, or to manage a structure under construction thereon,
9is known under this Act as a contractor and has a lien upon the
10whole of such lot or tract of land and upon adjoining or
11adjacent lots or tracts of land of such owner constituting the
12same premises and occupied or used in connection with such lot
13or tract of land as a place of residence or business; and in
14case the contract relates to 2 or more buildings, on 2 or more
15lots or tracts of land, upon all such lots and tracts of land
16and improvements thereon for the amount due to him or her for
17the material, fixtures, apparatus, machinery, services or
18labor, and interest at the rate of 10% per annum from the date
19the same is due. This lien extends to an estate in fee, for
20life, for years, or any other estate or any right of redemption
21or other interest that the owner may have in the lot or tract
22of land at the time of making such contract or may subsequently
23acquire and this lien attaches as of the date of the contract.
24    (b) As used in subsection (a) of this Section, "improve"
25means to furnish labor, services, material, fixtures,
26apparatus or machinery, forms or form work in the process of



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1construction where cement, concrete or like material is used
2for the purpose of or in the building, altering, repairing or
3ornamenting any house or other building, walk or sidewalk,
4whether the walk or sidewalk is on the land or bordering
5thereon, driveway, fence or improvement or appurtenances to the
6lot or tract of land or connected therewith, and upon, over or
7under a sidewalk, street or alley adjoining; or fill, sod or
8excavate such lot or tract of land, or do landscape work
9thereon or therefor; or raise or lower any house thereon or
10remove any house thereto, or remove any house or other
11structure therefrom, or perform any services or incur any
12expense as an architect, structural engineer, professional
13engineer, land surveyor, registered interior designer, or
14property manager in, for, or on a lot or tract of land for any
15such purpose; or drill any water well thereon; or furnish or
16perform labor or services as superintendent, time keeper,
17mechanic, laborer or otherwise, in the building, altering,
18repairing or ornamenting of the same; or furnish material,
19fixtures, apparatus, machinery, labor or services, forms or
20form work used in the process of construction where concrete,
21cement or like material is used, or drill any water well on the
22order of his agent, architect, structural engineer, registered
23interior designer, or superintendent having charge of the
24improvements, building, altering, repairing, or ornamenting
25the same.
26    (c) The taking of additional security by the contractor or



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1sub-contractor is not a waiver of any right of lien which he
2may have by virtue of this Act, unless made a waiver by express
3agreement of the parties and the waiver is not prohibited by
4this Act.
5    (d) An agreement to waive any right to enforce or claim any
6lien under this Act, or an agreement to subordinate the lien,
7where the agreement is in anticipation of and in consideration
8for the awarding of a contract or subcontract, either express
9or implied, to perform work or supply materials for an
10improvement upon real property is against public policy and
11unenforceable. This Section does not prohibit release of lien
12under subsection (b) of Section 35 of this Act, nor does it
13prohibit an agreement to subordinate a mechanics lien to a
14mortgage lien that secures a construction loan if that
15agreement is made after more than 50% of the loan has been
16disbursed to fund improvements to the property.
17(Source: P.A. 98-764, eff. 7-16-14.)
18    Section 99. Effective date. This Act takes effect January
191, 2018.