Sen. Don Harmon

Filed: 11/6/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 335

2    AMENDMENT NO. ______. Amend Senate Bill 335 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts repealed on January 1, 2022.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8Acts are repealed on January 1, 2022: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.

 

 

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1    The Water Well and Pump Installation Contractor's License
2Act.
3(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
497-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
58-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
6eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
7    Section 10. The Interior Design Title Act is amended by
8changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 as follows:
 
9    (225 ILCS 310/1)  (from Ch. 111, par. 8201)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 1. Short title. This Act may be cited as the
12Registered Interior Designers Design Title Act.
13(Source: P.A. 92-104, eff. 7-20-01.)
 
14    (225 ILCS 310/2)  (from Ch. 111, par. 8202)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 2. Public policy. Interior design in the State of
17Illinois is hereby declared to affect the public health,
18safety, and welfare and to be subject to regulation and control
19in the public interest. It is further declared to be a matter
20of public interest and concern that the interior design
21profession professions merit and receive the confidence of the
22public and that only qualified persons be permitted to use the
23title of registered interior designer in the State of Illinois.

 

 

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1This Act shall be liberally construed to carry out these
2objectives and purposes.
3(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
4    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 3. Definitions. As used in this Act:
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    "Board" means the Board of Registered Interior Design
12Professionals established under Section 6 of this Act.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "The profession of interior design", within the meaning and
16intent of this Act, refers to persons qualified by education,
17experience, and examination, who administer contracts for
18fabrication, procurement, or installation in the
19implementation of designs, drawings, and specifications for
20any interior design project and offer or furnish professional
21services, such as consultations, studies, drawings, and
22specifications in connection with the location of lighting
23fixtures, lamps and specifications of ceiling finishes as shown
24in reflected ceiling plans, space planning, furnishings, or the
25fabrication of non-loadbearing structural elements within and

 

 

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

 

 

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1specifications in connection with the location of lighting
2fixtures, lamps and specifications of ceiling finishes as shown
3in reflected ceiling plans, space planning, furnishings, or the
4fabrication of non-loadbearing structural elements within and
5surrounding interior spaces of buildings but specifically
6excluding mechanical and electrical systems, except for
7specifications of fixtures and their location within interior
8spaces.
9    A person represents himself or herself to be a "registered
10interior designer" within the meaning of this Act if he or she
11holds himself or herself out to the public by any title
12incorporating the words "registered interior designer" or any
13title that includes the words "registered interior design".
14(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
15    (225 ILCS 310/5)  (from Ch. 111, par. 8205)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 5. Powers and duties of the Department. Subject to the
18provisions of this Act, the Department shall exercise the
19following functions, powers, and duties:
20        (a) To conduct or authorize examinations to ascertain
21    the fitness and qualifications of applicants for
22    registration and issue certificates of registration to
23    those who are found to be fit and qualified.
24        (b) To prescribe rules and regulations for a method of
25    examination of candidates. The Department shall designate

 

 

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1    as its examination for registered interior designers the
2    National Council for Interior Design Qualification
3    examination.
4        (c) To adopt as its own rules relating to education
5    requirements, those guidelines published from time to time
6    by the Council for Interior Design Accreditation
7    Foundation for Interior Design Education Research or its
8    successor entity equivalent.
9        (d) To conduct hearings on proceedings to revoke,
10    suspend, or refuse to issue certificates of registration.
11        (e) To promulgate rules and regulations required for
12    the administration of this Act.
13(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
14    (225 ILCS 310/8)  (from Ch. 111, par. 8208)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 8. Requirements for registration.
17    (a) Each applicant for registration shall apply to the
18Department in writing on a form provided by the Department.
19Except as otherwise provided in this Act, each applicant shall
20take and pass the examination approved by the Department. Prior
21to registration, the applicant shall provide substantial
22evidence to the Board that the applicant:
23        (1) is a graduate of a 5-year 5 year interior design
24    program from an accredited institution and has completed at
25    least 2 years of full-time full time diversified interior

 

 

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1    design experience;
2        (2) is a graduate of a 4-year 4 year interior design
3    program from an accredited institution and has completed at
4    least 2 years of full-time full time diversified interior
5    design experience;
6        (3) has completed at least 3 years of interior design
7    curriculum from an accredited institution and has
8    completed 3 years of full-time full time diversified
9    interior design experience;
10        (4) is a graduate of a 2-year 2 year interior design
11    program from an accredited institution and has completed 4
12    years of full-time full time diversified interior design
13    experience; or
14        (5) (blank).
15    (b) In addition to providing evidence of meeting the
16requirements of subsection (a), each : (1) Each applicant for
17registration as a registered interior designer shall provide
18substantial evidence that he or she has successfully completed
19the examination administered by the National Council for
20Interior Design Qualifications.
21        (2) (Blank).
22    Examinations for applicants under this Act may be held at
23the direction of the Department from time to time but not less
24than once each year. The scope and form of the examination
25shall conform to the National Council for Interior Design
26Qualification examination for interior designers.

 

 

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1    (b-5) Each applicant for registration who possesses the
2necessary qualifications shall pay to the Department the
3required registration fee, which is not refundable, at the time
4of filing his or her application.
5    (c) An individual may apply applying for original
6registration prior to passing the examination. He or she shall
7have 2 years after 3 years from the date of filing an
8application to pass the examination complete the application
9process. If evidence and documentation of passing the
10examination is received by the Department later than 2 years
11after the individual's filing the process has not been
12completed in 3 years, the application shall be denied and the
13fee forfeited. The applicant may reapply at any time, but shall
14meet the requirements in effect at the time of reapplication.
15    (c) (Blank).
16    (c-5) (Blank).
17    (d) Upon payment of the required fee, which shall be
18determined by rule, an applicant who is an architect licensed
19under the laws of this State may, without examination, be
20granted registration as a registered interior designer by the
21Department provided the applicant submits proof of an active
22architectural license in Illinois.
23    (e) (Blank).
24(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
25    (225 ILCS 310/9)  (from Ch. 111, par. 8209)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 9. Expiration; renewal; restoration.
3    (a) The expiration date and renewal period for each
4certificate of registration issued under this Act shall be set
5by rule. A registrant may renew such registration during the
6month preceding its expiration date by paying the required
7renewal fee.
8    (b) Inactive status.
9        (1) Any registrant who notifies the Department in
10    writing on forms prescribed by the Department may elect to
11    place his or her certificate of registration on an inactive
12    status and shall, subject to rules of the Department, be
13    excused from payment of renewal fees until he or she
14    notifies the Department in writing of his or her desire to
15    resume active status.
16        (2) Any registrant requesting restoration from
17    inactive status shall be required to pay the current
18    renewal fee and shall be required to restore his or her
19    registration.
20        (3) Any registrant whose registration is on inactive
21    status shall not use the title "registered interior
22    designer" in the State of Illinois.
23        (4) Any registrant who uses the title "registered
24    interior designer" while his or her certificate of
25    registration is lapsed or inactive shall be considered to
26    be using the title without a registration which shall be

 

 

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1    grounds for discipline under Section 13 of this Act.
2    (c) Any registrant whose registration has expired may have
3his or her certificate of registration restored at any time
4within 5 years after its expiration, upon payment of the
5required fee.
6    (d) Any person whose registration has been expired for more
7than 5 years may have his or her registration restored by
8making application to the Department and filing proof
9acceptable to the Department of his or her fitness to have his
10or her registration restored, including sworn evidence
11certifying to active lawful practice in another jurisdiction,
12and by paying the required restoration fee. A person using the
13title "registered interior designer" on an expired
14registration is deemed to be in violation of this Act.
15    (e) If a person whose certificate of registration has
16expired has not maintained active status in another
17jurisdiction, the Department shall determine, by an evaluation
18process established by rule, his or her fitness to resume
19active status and may require the person to complete a period
20of evaluated practical experience, and may require successful
21completion of an examination.
22    (f) Any person whose certificate of registration has
23expired while he or she has been engaged (1) in federal or
24State service active duty, or (2) in training or education
25under the supervision of the United States preliminary to
26induction into the military service, may have his or her

 

 

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1registration restored without paying any lapsed renewal or
2restoration fee if, within 2 years after termination of such
3service, training or education, he or she furnishes the
4Department with satisfactory proof that he or she has been so
5engaged and that his or her service, training, or education has
6been so terminated.
7    (g) An individual applying for restoration of a
8registration shall have 3 years from the date of application to
9complete the application process. If the process has not been
10completed in 3 years, the application shall be denied and the
11fee forfeited. The applicant may reapply at any time , but shall
12meet the requirement in effect at the time of reapplication.
13(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
14    (225 ILCS 310/10)  (from Ch. 111, par. 8210)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 10. Foreign applicants. Upon payment of the required
17fee, an applicant who is an interior designer currently
18registered, certified, or licensed under the laws of another
19state or territory of the United States or a foreign country or
20province shall, without further examination, be granted
21registration as an interior designer, as the case may be, by
22the Department: (a) whenever the requirements of such state or
23territory of the United States or a foreign country or province
24were, at the date of registration, certification, or licensure,
25substantially equal to or greater than the requirements then in

 

 

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1force in this State. ; or
2        (b) whenever such requirements of another state or
3    territory of the United States or a foreign country or
4    province together with educational and professional
5    qualifications, as distinguished from practical
6    experience, of the applicant since obtaining a license as
7    an interior designer in such state or territory of the
8    United States are substantially equal to the requirements
9    in force in Illinois at the time of application for
10    registration.
11(Source: P.A. 96-1334, eff. 7-27-10.)
 
12    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 13. Refusal, revocation or suspension of
15registration. The Department may refuse to issue, renew, or
16restore or may revoke, suspend, place on probation, reprimand
17or take other disciplinary action as the Department may deem
18proper, including fines not to exceed $5,000 for each
19violation, with regard to any registration for any one or
20combination of the following causes:
21        (a) Fraud in procuring the certificate of
22    registration.
23        (b) Habitual intoxication or addiction to the use of
24    drugs.
25        (c) Making any misrepresentations or false promises,

 

 

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

 

 

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

 

 

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1satisfactory repayment record as determined by the Illinois
2Student Assistance Commission.
3    The Department may refuse to issue or may suspend the
4registration of any person who fails to file a return, or to
5pay the tax, penalty, or interest showing in a filed return, or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Illinois Department
8of Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    The entry of a decree by any circuit court establishing
11that any person holding a certificate of registration under
12this Act is a person subject to involuntary admission under the
13Mental Health and Developmental Disabilities Code shall
14operate as a suspension of that registration. That person may
15resume using the title "registered interior designer" only upon
16a finding by the Board that he or she has been determined to be
17no longer subject to involuntary admission by the court and
18upon the Board's recommendation to the Director that he or she
19be permitted to resume using the title "registered interior
20designer".
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
22    Section 15. The Unified Code of Corrections is amended by
23changing Section 5-5-5 as follows:
 
24    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Professional Counselor Licensing and Practice Act;
2        (14) the Real Estate License Act of 2000;
3        (15) the Illinois Roofing Industry Licensing Act;
4        (16) the Professional Engineering Practice Act of
5    1989;
6        (17) the Water Well and Pump Installation Contractor's
7    License Act;
8        (18) the Electrologist Licensing Act;
9        (19) the Auction License Act;
10        (20) the Illinois Architecture Practice Act of 1989;
11        (21) the Dietitian Nutritionist Practice Act;
12        (22) the Environmental Health Practitioner Licensing
13    Act;
14        (23) the Funeral Directors and Embalmers Licensing
15    Code;
16        (24) (blank);
17        (25) the Professional Geologist Licensing Act;
18        (26) the Illinois Public Accounting Act; and
19        (27) the Structural Engineering Practice Act of 1989.
20(Source: P.A. 100-534, eff. 9-22-17.)
 
21    Section 20. The Mechanics Lien Act is amended by changing
22Section 1 as follows:
 
23    (770 ILCS 60/1)  (from Ch. 82, par. 1)
24    Sec. 1. Contractor defined; amount of lien; waiver of lien;

 

 

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

 

 

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1for the purpose of or in the building, altering, repairing or
2ornamenting any house or other building, walk or sidewalk,
3whether the walk or sidewalk is on the land or bordering
4thereon, driveway, fence or improvement or appurtenances to the
5lot or tract of land or connected therewith, and upon, over or
6under a sidewalk, street or alley adjoining; or fill, sod or
7excavate such lot or tract of land, or do landscape work
8thereon or therefor; or raise or lower any house thereon or
9remove any house thereto, or remove any house or other
10structure therefrom, or perform any services or incur any
11expense as an architect, structural engineer, professional
12engineer, land surveyor, registered interior designer, or
13property manager in, for, or on a lot or tract of land for any
14such purpose; or drill any water well thereon; or furnish or
15perform labor or services as superintendent, time keeper,
16mechanic, laborer or otherwise, in the building, altering,
17repairing or ornamenting of the same; or furnish material,
18fixtures, apparatus, machinery, labor or services, forms or
19form work used in the process of construction where concrete,
20cement or like material is used, or drill any water well on the
21order of his agent, architect, structural engineer, registered
22interior designer, or superintendent having charge of the
23improvements, building, altering, repairing, or ornamenting
24the same.
25    (c) The taking of additional security by the contractor or
26sub-contractor is not a waiver of any right of lien which he

 

 

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1may have by virtue of this Act, unless made a waiver by express
2agreement of the parties and the waiver is not prohibited by
3this Act.
4    (d) An agreement to waive any right to enforce or claim any
5lien under this Act, or an agreement to subordinate the lien,
6where the agreement is in anticipation of and in consideration
7for the awarding of a contract or subcontract, either express
8or implied, to perform work or supply materials for an
9improvement upon real property is against public policy and
10unenforceable. This Section does not prohibit release of lien
11under subsection (b) of Section 35 of this Act, nor does it
12prohibit an agreement to subordinate a mechanics lien to a
13mortgage lien that secures a construction loan if that
14agreement is made after more than 50% of the loan has been
15disbursed to fund improvements to the property.
16(Source: P.A. 98-764, eff. 7-16-14.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2018.".