Illinois General Assembly - Full Text of HB5073
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Full Text of HB5073  102nd General Assembly

HB5073 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5073

 

Introduced 1/27/2022, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 441/5-5

    Amends the Home Inspector License Act. In provisions concerning exemptions to licensing requirements, provides that licensing requirements do not apply to any person holding a professional degree from a program accredited by the National Architectural Accrediting Board or the Canadian Architectural Certification Board.


LRB102 19558 SPS 28326 b

 

 

A BILL FOR

 

HB5073LRB102 19558 SPS 28326 b

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 Home Inspector License Act is amended by
5changing Section 5-5 as follows:
 
6    (225 ILCS 441/5-5)
7    (Text of Section before amendment by P.A. 102-20)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 5-5. Necessity of license; use of title; exemptions.
10    (a) It is unlawful for any person, including any entity,
11to act or assume to act as a home inspector, to engage in the
12business of home inspection, to develop a home inspection
13report, to practice as a home inspector, or to advertise or
14hold himself, herself, or itself out to be a home inspector
15without a home inspector license issued under this Act. A
16person who violates this subsection is guilty of a Class A
17misdemeanor for the first offense and a Class 4 felony for the
18second and any subsequent offenses.
19    (b) It is unlawful for any person, other than a person who
20holds a valid home inspector license issued pursuant to this
21Act, to use the title "home inspector" or any other title,
22designation, or abbreviation likely to create the impression
23that the person is licensed as a home inspector pursuant to

 

 

HB5073- 2 -LRB102 19558 SPS 28326 b

1this Act. A person who violates this subsection is guilty of a
2Class A misdemeanor.
3    (c) The licensing requirements of this Article do not
4apply to:
5        (1) any person who is employed as a code enforcement
6    official by the State of Illinois or any unit of local
7    government, while acting within the scope of that
8    government employment;
9        (2) any person licensed by the State of Illinois while
10    acting within the scope of his or her license; or
11        (3) any person engaged by the owner or lessor of
12    residential real property for the purpose of preparing a
13    bid or estimate as to the work necessary or the costs
14    associated with performing home construction, home
15    remodeling, or home repair work on the residential real
16    property, provided such person does not hold himself or
17    herself out, or advertise himself or herself, as being
18    engaged in business as a home inspector; or .
19        (4) any person holding a professional degree from a
20    program accredited by the National Architectural
21    Accrediting Board or the Canadian Architectural
22    Certification Board.
23(Source: P.A. 97-226, eff. 7-28-11.)
 
24    (Text of Section after amendment by P.A. 102-20)
25    (Section scheduled to be repealed on January 1, 2027)

 

 

HB5073- 3 -LRB102 19558 SPS 28326 b

1    Sec. 5-5. Necessity of license; use of title; exemptions.
2    (a) It is unlawful for any person, including any entity,
3to act or assume to act as a home inspector, to engage in the
4business of home inspection, to develop a home inspection
5report, to practice as a home inspector, or to advertise or
6hold oneself out to be a home inspector without a home
7inspector license issued under this Act. A person who violates
8this subsection is guilty of a Class A misdemeanor for the
9first offense and a Class 4 felony for the second and any
10subsequent offenses.
11    (b) It is unlawful for any person, other than a person who
12holds a valid home inspector license issued pursuant to this
13Act, to use the title "home inspector" or any other title,
14designation, or abbreviation likely to create the impression
15that the person is licensed as a home inspector pursuant to
16this Act. A person who violates this subsection is guilty of a
17Class A misdemeanor.
18    (c) The licensing requirements of this Article do not
19apply to:
20        (1) any person who is employed as a code enforcement
21    official by the State of Illinois or any unit of local
22    government, while acting within the scope of that
23    government employment;
24        (2) any person licensed in this State by any other law
25    who is engaging in the profession or occupation for which
26    the person is licensed; or

 

 

HB5073- 4 -LRB102 19558 SPS 28326 b

1        (3) any person engaged by the owner or lessor of
2    residential real property for the purpose of preparing a
3    bid or estimate as to the work necessary or the costs
4    associated with performing home construction, home
5    remodeling, or home repair work on the residential real
6    property, provided such person does not advertise or hold
7    oneself out as engaged in business as a home inspector;
8    or .
9        (4) any person holding a professional degree from a
10    program accredited by the National Architectural
11    Accrediting Board or the Canadian Architectural
12    Certification Board.
13    (d) The licensing of home inspector entities required
14under this Act does not apply to an entity whose ownership
15structure is one licensed home inspector operating a sole
16proprietorship, a single member limited liability company, or
17a single shareholder corporation, and that home inspector is
18the only licensed home inspector performing inspections on the
19entity's behalf. The licensed home inspector who is the sole
20proprietor, sole shareholder, or single member of the company
21or entity shall comply with all other provisions of this Act.
22(Source: P.A. 102-20, eff. 1-1-22.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

HB5073- 5 -LRB102 19558 SPS 28326 b

1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.