Bill Amendment: IL HB1969 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2019-01-08 - Session Sine Die [HB1969 Detail]
Download: Illinois-2017-HB1969-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2019-01-08 - Session Sine Die [HB1969 Detail]
Download: Illinois-2017-HB1969-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1969
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2 | AMENDMENT NO. ______. Amend House Bill 1969 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Sections 4.30, 4.32, 4.33, 4.34, and 4.36 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | The Illinois Architecture Practice Act of 1989. | ||||||
13 | The Illinois Landscape Architecture Act of 1989. | ||||||
14 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
15 | The Land Sales Registration Act of 1999. | ||||||
16 | The Orthotics, Prosthetics, and Pedorthics Practice Act. |
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1 | The Perfusionist Practice Act.
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2 | The Professional Engineering Practice Act of 1989. | ||||||
3 | The Real Estate License Act of 2000. | ||||||
4 | The Structural Engineering Practice Act of 1989. | ||||||
5 | (Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; | ||||||
6 | 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. | ||||||
7 | 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; | ||||||
8 | 96-1000, eff. 7-2-10.)
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9 | (5 ILCS 80/4.32) | ||||||
10 | Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||||
11 | Acts are repealed on January 1, 2022: | ||||||
12 | The Boxing and Full-contact Martial Arts Act. | ||||||
13 | The Collateral Recovery Act. | ||||||
14 | The Detection of Deception Examiners Act.
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15 | The Home Inspector License Act.
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16 | The Interior Design Title Act.
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17 | The Massage Licensing Act.
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18 | The Petroleum Equipment Contractors Licensing Act.
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19 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
20 | The Water Well and Pump Installation Contractor's License | ||||||
21 | Act. | ||||||
22 | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | ||||||
23 | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | ||||||
24 | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | ||||||
25 | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
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1 | (5 ILCS 80/4.33) | ||||||
2 | Sec. 4.33. Acts repealed on January 1,
2023. The following | ||||||
3 | Acts are
repealed on January 1, 2023: | ||||||
4 | The Dietitian Nutritionist Practice Act. | ||||||
5 | The Elevator Safety and Regulation Act.
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6 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
7 | of 2011. | ||||||
8 | The Funeral Directors and Embalmers Licensing Code. | ||||||
9 | The Naprapathic Practice Act. | ||||||
10 | The Professional Counselor and Clinical Professional | ||||||
11 | Counselor
Licensing and Practice Act. | ||||||
12 | The Wholesale Drug Distribution Licensing Act. | ||||||
13 | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | ||||||
14 | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | ||||||
15 | 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)
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16 | (5 ILCS 80/4.34) | ||||||
17 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | ||||||
18 | The following Acts and
Section of an Act are repealed
on | ||||||
19 | January 1, 2024: | ||||||
20 | The Electrologist Licensing Act. | ||||||
21 | The Illinois Certified Shorthand Reporters Act of | ||||||
22 | 1984. | ||||||
23 | The Illinois Occupational Therapy Practice Act. | ||||||
24 | The Illinois Public Accounting Act. |
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1 | The Private Detective, Private Alarm, Private | ||||||
2 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
3 | The Registered Surgical Assistant and Registered | ||||||
4 | Surgical Technologist
Title Protection Act. | ||||||
5 | Section 2.5 of the Illinois Plumbing License Law.
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6 | The Veterinary Medicine and Surgery Practice Act of | ||||||
7 | 2004. | ||||||
8 | (Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; | ||||||
9 | 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. | ||||||
10 | 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, | ||||||
11 | eff. 12-31-13; 98-756, eff. 7-16-14.)
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12 | (5 ILCS 80/4.36) | ||||||
13 | Sec. 4.36. Acts repealed on January 1, 2026. The following | ||||||
14 | Acts are repealed on January 1, 2026: | ||||||
15 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
16 | Nail Technology Act of 1985. | ||||||
17 | The Collection Agency Act. | ||||||
18 | The Hearing Instrument Consumer Protection Act. | ||||||
19 | The Illinois Athletic Trainers Practice Act. | ||||||
20 | The Illinois Dental Practice Act. | ||||||
21 | The Illinois Roofing Industry Licensing Act.
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22 | The Illinois Physical Therapy Act. | ||||||
23 | The Professional Geologist Licensing Act. | ||||||
24 | The Respiratory Care Practice Act. | ||||||
25 | (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; |
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1 | 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; | ||||||
2 | 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff. | ||||||
3 | 12-31-15; 99-642, eff. 7-28-16.)
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4 | Section 10. The Illinois Insurance Code is amended by | ||||||
5 | changing Sections 370b.1 and 1003 as follows:
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6 | (215 ILCS 5/370b.1) | ||||||
7 | Sec. 370b.1. Surgical assistant payments. Payment for | ||||||
8 | services rendered by a registered surgical assistant , as | ||||||
9 | defined in the Registered Surgical Assistant and Registered | ||||||
10 | Surgical Technologist Title Protection Act, who is neither an | ||||||
11 | employee of an ambulatory surgical treatment center, as defined | ||||||
12 | in the Ambulatory Surgical Treatment Center Act, nor an | ||||||
13 | employee of a hospital shall be paid at the appropriate | ||||||
14 | non-physician modifier rate if the payor would have made | ||||||
15 | payment had the same services been provided by a physician.
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16 | As used in this Section, "surgical assistant" means a | ||||||
17 | person who (i) is not licensed to practice medicine in all of | ||||||
18 | its branches, (ii) is certified by the National Surgical | ||||||
19 | Assistant Association as a Certified Surgical Assistant, the | ||||||
20 | National Board of Surgical Technology and Surgical Assisting as | ||||||
21 | a Certified Surgical First Assistant, or the American Board of | ||||||
22 | Surgical Assistants as a Surgical Assistant-Certified, (iii) | ||||||
23 | performs duties under direct supervision, and (iv) provides | ||||||
24 | services only in a licensed hospital, ambulatory treatment |
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1 | center, or office of a physician licensed to practice medicine | ||||||
2 | in all its branches. | ||||||
3 | (Source: P.A. 99-100, eff. 1-1-16 .)
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4 | (215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
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5 | Sec. 1003. Definitions. As used in this Article:
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6 | (A) "Adverse underwriting decision" means:
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7 | (1) any of the following actions with respect to | ||||||
8 | insurance transactions
involving insurance coverage which | ||||||
9 | is individually underwritten:
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10 | (a) a declination of insurance coverage,
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11 | (b) a termination of insurance coverage,
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12 | (c) failure of an agent to apply for insurance | ||||||
13 | coverage with a specific
insurance institution which | ||||||
14 | the agent represents and which is requested by an
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15 | applicant,
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16 | (d) in the case of a property or casualty insurance | ||||||
17 | coverage:
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18 | (i) placement by an insurance institution or | ||||||
19 | agent of a risk with a
residual
market mechanism, | ||||||
20 | an unauthorized insurer or an insurance | ||||||
21 | institution which
specializes in substandard | ||||||
22 | risks, or
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23 | (ii) the charging of a higher rate on the basis | ||||||
24 | of information which
differs
from that which the | ||||||
25 | applicant or policyholder furnished, or
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1 | (e) in the case of life, health or disability | ||||||
2 | insurance coverage,
an offer to insure at higher than | ||||||
3 | standard rates.
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4 | (2) Notwithstanding paragraph (1) above, the following | ||||||
5 | actions shall not
be considered adverse underwriting | ||||||
6 | decisions but the insurance institution
or agent | ||||||
7 | responsible for their occurrence shall nevertheless | ||||||
8 | provide the
applicant or policyholder with the specific | ||||||
9 | reason or reasons for their
occurrence:
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10 | (a) the termination of an individual policy form on | ||||||
11 | a class or statewide
basis,
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12 | (b) a declination of insurance coverage solely | ||||||
13 | because such coverage is
not available on a class or | ||||||
14 | statewide basis, or
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15 | (c) the rescission of a policy.
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16 | (B) "Affiliate" or "affiliated" means a person that | ||||||
17 | directly, or indirectly
through one or more intermediaries, | ||||||
18 | controls, is controlled by or is under
common control with | ||||||
19 | another person.
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20 | (C) "Agent" means an individual, firm, partnership, | ||||||
21 | association or
corporation who is involved in the solicitation, | ||||||
22 | negotiation or binding of
coverages for or on applications or | ||||||
23 | policies of insurance, covering property or
risks located in | ||||||
24 | this State. For the purposes of this Article, both "Insurance
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25 | Agent" and "Insurance Broker", as defined in Section 490, shall | ||||||
26 | be considered
an agent.
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1 | (D) "Applicant" means any person who seeks to contract for | ||||||
2 | insurance
coverage other than a person seeking group insurance | ||||||
3 | that is not individually
underwritten.
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4 | (E) "Director" means the Director of Insurance.
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5 | (F) "Consumer report" means any written, oral or other | ||||||
6 | communication of
information bearing on a natural person's | ||||||
7 | credit worthiness, credit standing,
credit capacity, | ||||||
8 | character, general reputation, personal characteristics
or | ||||||
9 | mode of living which is used or expected to be used in | ||||||
10 | connection with
an insurance transaction.
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11 | (G) "Consumer reporting agency" means any person who:
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12 | (1) regularly engages, in whole or in part, in the | ||||||
13 | practice of assembling
or preparing consumer reports for a | ||||||
14 | monetary fee,
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15 | (2) obtains information primarily from sources other | ||||||
16 | than insurance
institutions, and
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17 | (3) furnishes consumer reports to other persons.
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18 | (H) "Control", including the terms "controlled by" or | ||||||
19 | "under
common control with", means the possession, direct or | ||||||
20 | indirect, of the power
to direct or cause the direction of the | ||||||
21 | management and policies of a person,
whether through the | ||||||
22 | ownership of voting securities, by contract other than
a | ||||||
23 | commercial contract for goods or nonmanagement services, or | ||||||
24 | otherwise,
unless the power is the result of an official | ||||||
25 | position with or corporate
office held by the person.
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26 | (I) "Declination of insurance coverage" means a denial, in
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1 | whole or in part, by an insurance institution or agent of | ||||||
2 | requested insurance
coverage.
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3 | (J) "Individual" means any natural person who:
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4 | (1) in the case of property or casualty insurance, is a | ||||||
5 | past, present
or proposed named insured or | ||||||
6 | certificateholder;
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7 | (2) in the case of life, health or disability | ||||||
8 | insurance, is a past,
present or proposed principal insured | ||||||
9 | or certificateholder;
| ||||||
10 | (3) is a past, present or proposed policyowner;
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11 | (4) is a past or present applicant;
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12 | (5) is a past or present claimant; or
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13 | (6) derived, derives or is proposed to derive insurance | ||||||
14 | coverage
under an insurance policy or certificate subject | ||||||
15 | to this Article.
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16 | (K) "Institutional source" means any person or | ||||||
17 | governmental entity that
provides information about an | ||||||
18 | individual to an agent, insurance institution or
| ||||||
19 | insurance-support organization, other than:
| ||||||
20 | (1) an agent,
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21 | (2) the individual who is the subject of the | ||||||
22 | information, or
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23 | (3) a natural person acting in a personal capacity | ||||||
24 | rather than in
a business or professional capacity.
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25 | (L) "Insurance institution" means any corporation, | ||||||
26 | association, partnership,
reciprocal exchange, inter-insurer, |
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1 | Lloyd's insurer, fraternal benefit society
or other person | ||||||
2 | engaged in the business of insurance, health maintenance
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3 | organizations as defined in Section 2 of the Health Maintenance | ||||||
4 | Organization
Act,
voluntary health services plans as defined in | ||||||
5 | Section 2 of the Voluntary Health
Services Plans Act, and | ||||||
6 | dental service plans as defined in Section 4 of the
Dental | ||||||
7 | Service Plan Act. "Insurance institution" shall not include | ||||||
8 | agents or
insurance-support organizations.
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9 | (M) "Insurance-support organization" means:
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10 | (1) any
person who
regularly engages, in whole or in | ||||||
11 | part, in the practice of assembling or
collecting | ||||||
12 | information about natural persons for the
primary purpose | ||||||
13 | of providing the information to an insurance
institution or | ||||||
14 | agent for insurance transactions, including:
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15 | (a) the furnishing of consumer reports or | ||||||
16 | investigative consumer
reports to an insurance | ||||||
17 | institution or agent for use in connection with
an | ||||||
18 | insurance transaction, or
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19 | (b) the collection of personal information from | ||||||
20 | insurance
institutions, agents or other | ||||||
21 | insurance-support organizations for the purpose
of | ||||||
22 | detecting or preventing fraud, material | ||||||
23 | misrepresentation or material
nondisclosure in | ||||||
24 | connection with insurance underwriting or insurance | ||||||
25 | claim
activity.
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26 | (2) Notwithstanding paragraph (1) above, the following |
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1 | persons shall
not be considered "insurance-support | ||||||
2 | organizations" for purposes of this
Article: agents, | ||||||
3 | government institutions, insurance institutions, medical
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4 | care institutions and medical professionals.
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5 | (N) "Insurance transaction" means any transaction | ||||||
6 | involving
insurance primarily for personal, family or | ||||||
7 | household needs rather than
business or professional needs | ||||||
8 | which entails:
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9 | (1) the determination of an individual's eligibility | ||||||
10 | for an insurance
coverage, benefit or payment, or
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11 | (2) the servicing of an insurance application, policy, | ||||||
12 | contract or
certificate.
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13 | (O) "Investigative consumer report" means a consumer | ||||||
14 | report
or portion thereof in which information about a natural | ||||||
15 | person's character,
general
reputation, personal | ||||||
16 | characteristics or mode of living is obtained through personal
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17 | interviews with the person's neighbors, friends, associates, | ||||||
18 | acquaintances
or others who may have knowledge concerning such | ||||||
19 | items of information.
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20 | (P) "Medical-care institution" means any facility or | ||||||
21 | institution
that is licensed to provide health care services to | ||||||
22 | natural persons, including
but not limited to: hospitals, | ||||||
23 | skilled nursing facilities, home-health
agencies, medical | ||||||
24 | clinics, rehabilitation agencies and public-health
agencies | ||||||
25 | and health-maintenance organizations.
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26 | (Q) "Medical professional" means any person licensed or |
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1 | certified
to provide health care services to natural persons, | ||||||
2 | including , but not limited
to, a physician, dentist, nurse, | ||||||
3 | optometrist, chiropractor, naprapath,
pharmacist, physical or | ||||||
4 | occupational therapist, psychiatric social worker,
speech | ||||||
5 | therapist, clinical dietitian , or clinical psychologist.
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6 | (R) "Medical-record information" means personal | ||||||
7 | information which:
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8 | (1) relates to an individual's physical or mental | ||||||
9 | condition, medical
history or medical treatment, and
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10 | (2) is obtained from a medical professional or | ||||||
11 | medical-care institution,
from the individual, or from the | ||||||
12 | individual's spouse, parent or legal guardian.
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13 | (S) "Person" means any natural person, corporation, | ||||||
14 | association,
partnership or other legal entity.
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15 | (T) "Personal information" means any individually | ||||||
16 | identifiable
information gathered in connection with an | ||||||
17 | insurance transaction from which
judgments can be made about an | ||||||
18 | individual's character, habits, avocations,
finances, | ||||||
19 | occupation, general reputation, credit, health or any other | ||||||
20 | personal
characteristics. "Personal information" includes an | ||||||
21 | individual's name and
address and "medical-record information" | ||||||
22 | but does not include "privileged
information".
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23 | (U) "Policyholder" means any person who:
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24 | (1) in the case of individual property or casualty | ||||||
25 | insurance, is a present
named insured;
| ||||||
26 | (2) in the case of individual life, health or |
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1 | disability insurance, is
a present policyowner; or
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2 | (3) in the case of group insurance which is | ||||||
3 | individually underwritten,
is a present group | ||||||
4 | certificateholder.
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5 | (V) "Pretext interview" means an interview whereby a | ||||||
6 | person,
in an attempt to obtain information about a natural | ||||||
7 | person, performs one or
more of the following acts:
| ||||||
8 | (1) pretends to be someone he or she is not,
| ||||||
9 | (2) pretends to represent a person he or she is not in | ||||||
10 | fact representing,
| ||||||
11 | (3) misrepresents the true purpose of the interview, or
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12 | (4) refuses to identify himself or herself upon | ||||||
13 | request.
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14 | (W) "Privileged information" means any individually | ||||||
15 | identifiable
information that: (1) relates to a claim for | ||||||
16 | insurance benefits or
a civil or criminal proceeding involving | ||||||
17 | an individual, and (2) is
collected in connection with or in | ||||||
18 | reasonable anticipation
of a claim for insurance benefits or | ||||||
19 | civil or criminal proceeding involving
an individual; | ||||||
20 | provided,
however, information otherwise meeting the | ||||||
21 | requirements of this subsection
shall nevertheless be | ||||||
22 | considered "personal information" under this Article
if it is | ||||||
23 | disclosed in violation of Section 1014 of this Article.
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24 | (X) "Residual market mechanism" means an association, | ||||||
25 | organization
or other entity described in Article XXXIII
of | ||||||
26 | this Act, or Section 7-501 of The
Illinois Vehicle Code.
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1 | (Y) "Termination of insurance coverage" or "termination of
| ||||||
2 | an insurance policy" means either a cancellation or nonrenewal | ||||||
3 | of an insurance
policy, in whole or in part, for any reason | ||||||
4 | other than the failure to pay
a premium as required by the | ||||||
5 | policy.
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6 | (Z) "Unauthorized insurer" means an insurance institution | ||||||
7 | that has not
been granted a certificate of authority by the | ||||||
8 | Director to transact the
business of insurance in this State.
| ||||||
9 | (Source: P.A. 90-7, eff. 6-10-97; 90-177, eff. 7-23-97; 90-372,
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10 | eff. 7-1-98; 90-655, eff. 7-30-98.)
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11 | Section 15. The Comprehensive Health Insurance Plan Act is | ||||||
12 | amended by changing Section 8 as follows:
| ||||||
13 | (215 ILCS 105/8) (from Ch. 73, par. 1308) | ||||||
14 | Sec. 8. Minimum benefits. | ||||||
15 | a. Availability. The Plan shall offer in a periodically | ||||||
16 | renewable policy major medical expense coverage to every | ||||||
17 | eligible
person who is not eligible for Medicare. Major medical
| ||||||
18 | expense coverage offered by the Plan shall pay an eligible | ||||||
19 | person's
covered expenses, subject to limit on the deductible | ||||||
20 | and coinsurance
payments authorized under paragraph (4) of | ||||||
21 | subsection d of this Section,
up to a lifetime benefit limit of | ||||||
22 | $5,000,000. The maximum
limit under this subsection shall not | ||||||
23 | be altered by the Board, and no
actuarial equivalent benefit | ||||||
24 | may be substituted by the Board.
Any person who otherwise would |
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1 | qualify for coverage under the Plan, but
is excluded because he | ||||||
2 | or she is eligible for Medicare, shall be eligible
for any | ||||||
3 | separate Medicare supplement policy or policies which the Board | ||||||
4 | may
offer. | ||||||
5 | b. Outline of benefits. Covered expenses shall be
limited | ||||||
6 | to the usual and customary charge, including negotiated fees, | ||||||
7 | in
the locality for the following services and articles when | ||||||
8 | prescribed by a
physician and determined by the Plan to be | ||||||
9 | medically necessary
for the following areas of services, | ||||||
10 | subject to such separate deductibles,
co-payments, exclusions, | ||||||
11 | and other limitations on benefits as the Board shall
establish | ||||||
12 | and approve, and the other provisions of this Section: | ||||||
13 | (1) Hospital
services, except that
any services | ||||||
14 | provided by a hospital that is
located more than 75 miles | ||||||
15 | outside the State of Illinois shall be covered only
for a | ||||||
16 | maximum of 45 days in any calendar year. With respect to | ||||||
17 | covered
expenses incurred during any calendar year ending | ||||||
18 | on or after December 31,
1999, inpatient hospitalization of | ||||||
19 | an eligible person for the
treatment of mental illness at a | ||||||
20 | hospital located within the State of
Illinois
shall be | ||||||
21 | subject to the same terms and conditions as for any other | ||||||
22 | illness. | ||||||
23 | (2) Professional services for the diagnosis or | ||||||
24 | treatment of injuries,
illnesses or conditions, other than | ||||||
25 | dental and mental
and
nervous disorders as
described in | ||||||
26 | paragraph (17), which are rendered by a physician, or by |
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1 | other
licensed professionals at the physician's
direction. | ||||||
2 | This includes reconstruction of the breast on which a | ||||||
3 | mastectomy
was performed; surgery and reconstruction of | ||||||
4 | the other breast to produce a
symmetrical appearance; and | ||||||
5 | prostheses and treatment of physical complications
at all | ||||||
6 | stages of the mastectomy, including lymphedemas. | ||||||
7 | (2.5) Professional services provided by a physician to | ||||||
8 | children under
the age of 16 years for physical | ||||||
9 | examinations and age appropriate
immunizations ordered by | ||||||
10 | a physician licensed to practice medicine in all its
| ||||||
11 | branches. | ||||||
12 | (3) (Blank). | ||||||
13 | (4) Outpatient prescription drugs that by law require
a
| ||||||
14 | prescription
written by a physician licensed to practice | ||||||
15 | medicine in all its branches
subject to such separate | ||||||
16 | deductible, copayment, and other limitations or
| ||||||
17 | restrictions as the Board shall approve, including the use | ||||||
18 | of a prescription
drug card or any other program, or both. | ||||||
19 | (5) Skilled nursing services of a licensed
skilled
| ||||||
20 | nursing facility for not more than 120 days during a policy | ||||||
21 | year. | ||||||
22 | (6) Services of a home health agency in accord with a | ||||||
23 | home health care
plan, up to a maximum of 270 visits per | ||||||
24 | year. | ||||||
25 | (7) Services of a licensed hospice for not more than | ||||||
26 | 180
days during a policy year. |
| |||||||
| |||||||
1 | (8) Use of radium or other radioactive materials. | ||||||
2 | (9) Oxygen. | ||||||
3 | (10) Anesthetics. | ||||||
4 | (11) Orthoses and prostheses other than dental. | ||||||
5 | (12) Rental or purchase in accordance with Board | ||||||
6 | policies or
procedures of durable medical equipment, other | ||||||
7 | than eyeglasses or hearing
aids, for which there is no | ||||||
8 | personal use in the absence of the condition
for which it | ||||||
9 | is prescribed. | ||||||
10 | (13) Diagnostic x-rays and laboratory tests. | ||||||
11 | (14) Oral surgery (i) for excision of partially or | ||||||
12 | completely unerupted
impacted teeth when not performed in
| ||||||
13 | connection with the routine extraction or repair of teeth; | ||||||
14 | (ii) for excision
of tumors or cysts of the jaws, cheeks, | ||||||
15 | lips, tongue, and roof and floor of the
mouth; (iii) | ||||||
16 | required for correction of cleft lip and palate
and
other | ||||||
17 | craniofacial and maxillofacial birth defects; or (iv) for | ||||||
18 | treatment of injuries to natural teeth or a fractured jaw | ||||||
19 | due to an accident. | ||||||
20 | (15) Physical, speech, and functional occupational | ||||||
21 | therapy as
medically necessary and provided by appropriate | ||||||
22 | licensed professionals. | ||||||
23 | (16) Emergency and other medically necessary | ||||||
24 | transportation provided
by a licensed ambulance service to | ||||||
25 | the
nearest health care facility qualified to treat a | ||||||
26 | covered
illness, injury, or condition, subject to the |
| |||||||
| |||||||
1 | provisions of the
Emergency Medical Systems (EMS) Act. | ||||||
2 | (17) Outpatient services for
diagnosis and
treatment | ||||||
3 | of mental and nervous disorders provided that a
covered | ||||||
4 | person shall be required to make a copayment not to exceed | ||||||
5 | 50% and that
the Plan's payment shall not exceed such | ||||||
6 | amounts as are established by the
Board. | ||||||
7 | (18) Human organ or tissue transplants specified by the | ||||||
8 | Board that
are performed at a hospital designated by the | ||||||
9 | Board as a participating
transplant center for that | ||||||
10 | specific organ or tissue transplant. | ||||||
11 | (19) Naprapathic services, as appropriate, provided by | ||||||
12 | a licensed
naprapathic practitioner. | ||||||
13 | c. Exclusions. Covered expenses of the Plan shall not
| ||||||
14 | include the following: | ||||||
15 | (1) Any charge for treatment for cosmetic purposes | ||||||
16 | other than for
reconstructive surgery when the service is | ||||||
17 | incidental to or follows
surgery resulting from injury, | ||||||
18 | sickness or other diseases of the involved
part or surgery | ||||||
19 | for the repair or treatment of a congenital bodily defect
| ||||||
20 | to restore normal bodily functions. | ||||||
21 | (2) Any charge for care that is primarily for rest,
| ||||||
22 | custodial, educational, or domiciliary purposes. | ||||||
23 | (3) Any charge for services in a private room to the | ||||||
24 | extent it is in
excess of the institution's charge for its | ||||||
25 | most common semiprivate room,
unless a private room is | ||||||
26 | prescribed as medically necessary by a physician. |
| |||||||
| |||||||
1 | (4) That part of any charge for room and board or for | ||||||
2 | services
rendered or articles prescribed by a physician, | ||||||
3 | dentist, or other health
care personnel that exceeds the | ||||||
4 | reasonable and customary charge in the
locality or for any | ||||||
5 | services or supplies not medically necessary for the
| ||||||
6 | diagnosed injury or illness. | ||||||
7 | (5) Any charge for services or articles the provision | ||||||
8 | of which is not
within the scope of licensure of the | ||||||
9 | institution or individual
providing the services or | ||||||
10 | articles. | ||||||
11 | (6) Any expense incurred prior to the effective date of | ||||||
12 | coverage by the
Plan for the person on whose behalf the | ||||||
13 | expense is incurred. | ||||||
14 | (7) Dental care, dental surgery, dental treatment, any | ||||||
15 | other dental
procedure involving the teeth or | ||||||
16 | periodontium, or any dental appliances,
including crowns, | ||||||
17 | bridges, implants, or partial or complete dentures,
except
| ||||||
18 | as specifically provided in paragraph
(14) of subsection b | ||||||
19 | of this Section. | ||||||
20 | (8) Eyeglasses, contact lenses, hearing aids or their | ||||||
21 | fitting. | ||||||
22 | (9) Illness or injury due to acts of war. | ||||||
23 | (10) Services of blood donors and any fee for failure | ||||||
24 | to replace the
first 3 pints of blood
provided to a covered | ||||||
25 | person each policy year. | ||||||
26 | (11) Personal supplies or services provided by a |
| |||||||
| |||||||
1 | hospital or nursing
home, or any other nonmedical or | ||||||
2 | nonprescribed supply or service. | ||||||
3 | (12) Routine maternity charges for a pregnancy, except | ||||||
4 | where added as
optional coverage with payment of an | ||||||
5 | additional premium for pregnancy
resulting from conception | ||||||
6 | occurring after the effective date of the
optional | ||||||
7 | coverage. | ||||||
8 | (13) (Blank). | ||||||
9 | (14) Any expense or charge for services, drugs, or | ||||||
10 | supplies that are:
(i) not provided in accord with | ||||||
11 | generally accepted standards of current
medical practice; | ||||||
12 | (ii) for procedures, treatments, equipment, transplants,
| ||||||
13 | or implants, any of which are investigational, | ||||||
14 | experimental, or for
research purposes; (iii) | ||||||
15 | investigative and not proven safe and effective;
or (iv) | ||||||
16 | for, or resulting from, a gender
transformation operation. | ||||||
17 | (15) Any expense or charge for routine physical | ||||||
18 | examinations or tests
except as provided in item (2.5) of | ||||||
19 | subsection b of this Section. | ||||||
20 | (16) Any expense for which a charge is not made in the | ||||||
21 | absence of
insurance or for which there is no legal | ||||||
22 | obligation on the part of the
patient to pay. | ||||||
23 | (17) Any expense incurred for benefits provided under | ||||||
24 | the laws of the
United States and this State, including | ||||||
25 | Medicare, Medicaid, and
other
medical assistance, maternal | ||||||
26 | and child health services and any other program
that is |
| |||||||
| |||||||
1 | administered or funded by the Department of Human Services, | ||||||
2 | Department
of Healthcare and Family Services, or | ||||||
3 | Department of Public Health, military service-connected
| ||||||
4 | disability payments, medical
services provided for members | ||||||
5 | of the armed forces and their dependents or
employees of | ||||||
6 | the armed forces of the United States, and medical services
| ||||||
7 | financed on behalf of all citizens by the United States. | ||||||
8 | (18) Any expense or charge for in vitro fertilization, | ||||||
9 | artificial
insemination, or any other artificial means | ||||||
10 | used to cause pregnancy. | ||||||
11 | (19) Any expense or charge for oral contraceptives used | ||||||
12 | for birth
control or any other temporary birth control | ||||||
13 | measures. | ||||||
14 | (20) Any expense or charge for sterilization or | ||||||
15 | sterilization reversals. | ||||||
16 | (21) Any expense or charge for weight loss programs, | ||||||
17 | exercise
equipment, or treatment of obesity, except when | ||||||
18 | certified by a physician as
morbid obesity (at least 2 | ||||||
19 | times normal body weight). | ||||||
20 | (22) Any expense or charge for acupuncture treatment | ||||||
21 | unless used as an
anesthetic agent for a covered surgery. | ||||||
22 | (23) Any expense or charge for or related to organ or | ||||||
23 | tissue
transplants other than those performed at a hospital | ||||||
24 | with a Board approved
organ transplant program that has | ||||||
25 | been designated by the Board as a
preferred or exclusive | ||||||
26 | provider organization for that specific organ or tissue
|
| |||||||
| |||||||
1 | transplant. | ||||||
2 | (24) Any expense or charge for procedures, treatments, | ||||||
3 | equipment, or
services that are provided in special | ||||||
4 | settings for research purposes or in
a controlled | ||||||
5 | environment, are being studied for safety, efficiency, and
| ||||||
6 | effectiveness, and are awaiting endorsement by the | ||||||
7 | appropriate national
medical specialty college for general | ||||||
8 | use within the medical community. | ||||||
9 | d. Deductibles and coinsurance. | ||||||
10 | The Plan coverage defined in Section 6 shall provide for a | ||||||
11 | choice
of
deductibles per individual as authorized by the | ||||||
12 | Board. If 2 individual members
of the same family
household, | ||||||
13 | who are both covered persons under the Plan, satisfy the
same | ||||||
14 | applicable deductibles, no other member of that family who is
| ||||||
15 | also a covered person under the Plan shall be
required to
meet | ||||||
16 | any deductibles for the balance of that calendar year. The
| ||||||
17 | deductibles must be applied first to the authorized amount of | ||||||
18 | covered expenses
incurred by the
covered person. A mandatory | ||||||
19 | coinsurance requirement shall be imposed at
the rate authorized | ||||||
20 | by the Board in excess of the mandatory
deductible, the | ||||||
21 | coinsurance
in the aggregate not to exceed such amounts as are | ||||||
22 | authorized by the Board
per annum. At its discretion the Board | ||||||
23 | may, however, offer catastrophic
coverages or other policies | ||||||
24 | that provide for larger deductibles with or
without coinsurance | ||||||
25 | requirements. The deductibles and coinsurance
factors may be | ||||||
26 | adjusted annually according to the Medical Component of the
|
| |||||||
| |||||||
1 | Consumer Price Index. | ||||||
2 | e. Scope of coverage. | ||||||
3 | (1) In approving any of the benefit plans to be offered | ||||||
4 | by the Plan, the
Board shall establish such benefit levels, | ||||||
5 | deductibles, coinsurance factors,
exclusions, and | ||||||
6 | limitations as it may deem appropriate and that it believes | ||||||
7 | to
be generally reflective of and commensurate with health | ||||||
8 | insurance coverage that
is provided in the individual | ||||||
9 | market in this State. | ||||||
10 | (2) The benefit plans approved by the Board may also | ||||||
11 | provide for and
employ
various cost containment measures | ||||||
12 | and other requirements including, but not
limited to, | ||||||
13 | preadmission certification, prior approval, second | ||||||
14 | surgical
opinions, concurrent utilization review programs, | ||||||
15 | individual case management,
preferred provider | ||||||
16 | organizations, health maintenance organizations, and other
| ||||||
17 | cost effective arrangements for paying for covered | ||||||
18 | expenses. | ||||||
19 | f. Preexisting conditions. | ||||||
20 | (1) Except for federally eligible individuals | ||||||
21 | qualifying for Plan
coverage under Section 15 of this Act
| ||||||
22 | or eligible persons who qualify
for the waiver authorized | ||||||
23 | in paragraph (3) of this subsection,
Plan coverage shall | ||||||
24 | exclude charges or expenses incurred
during the first 6 | ||||||
25 | months following the effective date of coverage as to
any | ||||||
26 | condition for which medical advice, care or treatment was |
| |||||||
| |||||||
1 | recommended or
received during the 6 month period
| ||||||
2 | immediately preceding the effective date
of coverage. | ||||||
3 | (2) (Blank). | ||||||
4 | (3) Waiver: The preexisting condition exclusions as | ||||||
5 | set forth in
paragraph (1) of this subsection shall be | ||||||
6 | waived to the extent to which
the eligible person (a) has | ||||||
7 | satisfied similar exclusions under any prior
individual | ||||||
8 | health insurance policy that was involuntarily terminated
| ||||||
9 | because of the insolvency of the issuer of the policy and | ||||||
10 | (b) has applied
for Plan coverage within 90 days following | ||||||
11 | the involuntary
termination of that individual health | ||||||
12 | insurance coverage. | ||||||
13 | (4) Waiver: The preexisting condition exclusions as | ||||||
14 | set forth in paragraph (1) of this subsection shall be | ||||||
15 | waived to the extent to which the eligible person (a) has | ||||||
16 | satisfied the exclusion under prior Comprehensive Health | ||||||
17 | Insurance Plan coverage that was involuntarily terminated | ||||||
18 | because of meeting a lower lifetime benefit limit and (b) | ||||||
19 | has reapplied for Plan coverage within 90 days following an | ||||||
20 | increase in the lifetime benefit limit set forth in Section | ||||||
21 | 8 of this Act. | ||||||
22 | g. Other sources primary; nonduplication of benefits. | ||||||
23 | (1) The Plan shall be the last payor of benefits | ||||||
24 | whenever any other
benefit or source of third party payment | ||||||
25 | is available. Subject to the
provisions of subsection e of | ||||||
26 | Section 7, benefits
otherwise payable under Plan coverage |
| |||||||
| |||||||
1 | shall be reduced by
all amounts paid or payable by Medicare | ||||||
2 | or any other government program
or through any health | ||||||
3 | insurance coverage or group health plan,
whether by | ||||||
4 | insurance, reimbursement, or otherwise, or through
any | ||||||
5 | third party liability,
settlement, judgment, or award,
| ||||||
6 | regardless of the date of the settlement, judgment, or | ||||||
7 | award, whether the
settlement, judgment, or award is in the | ||||||
8 | form of a contract, agreement, or
trust on behalf of a | ||||||
9 | minor or otherwise and whether the settlement,
judgment, or | ||||||
10 | award is payable to the covered person, his or her | ||||||
11 | dependent,
estate, personal representative, or guardian in | ||||||
12 | a lump sum or over time,
and by all hospital or medical | ||||||
13 | expense benefits
paid or payable under any worker's | ||||||
14 | compensation coverage, automobile
medical payment, or | ||||||
15 | liability insurance, whether provided on the basis of
fault | ||||||
16 | or nonfault, and by any hospital or medical benefits paid | ||||||
17 | or payable
under or provided pursuant to any State or | ||||||
18 | federal law or program. | ||||||
19 | (2) The Plan shall have a cause of action against any
| ||||||
20 | covered person or any other person or entity for
the | ||||||
21 | recovery of any amount paid to the extent
the amount was | ||||||
22 | for treatment, services, or supplies not covered in this
| ||||||
23 | Section or in excess of benefits as set forth in this | ||||||
24 | Section. | ||||||
25 | (3) Whenever benefits are due from the Plan because of | ||||||
26 | sickness or
an injury to a covered person resulting from a |
| |||||||
| |||||||
1 | third party's wrongful act
or negligence and the covered | ||||||
2 | person has recovered or may recover damages
from a third | ||||||
3 | party or its insurer, the Plan shall have the right to | ||||||
4 | reduce
benefits or to refuse to pay benefits that otherwise | ||||||
5 | may be payable by the
amount of damages that the covered | ||||||
6 | person has recovered or may recover
regardless of the date | ||||||
7 | of the sickness or injury or the date of any
settlement, | ||||||
8 | judgment, or award resulting from that sickness or injury. | ||||||
9 | During the pendency of any action or claim that is | ||||||
10 | brought by or on
behalf of a covered person against a third | ||||||
11 | party or its insurer, any
benefits that would otherwise be | ||||||
12 | payable except for the provisions of this
paragraph (3) | ||||||
13 | shall be paid if payment by or for the third party has not | ||||||
14 | yet
been made and the covered person or, if incapable, that | ||||||
15 | person's legal
representative agrees in writing to pay back | ||||||
16 | promptly the benefits paid as
a result of the sickness or | ||||||
17 | injury to the extent of any future payments
made by or for | ||||||
18 | the third party for the sickness or injury. This agreement
| ||||||
19 | is to apply whether or not liability for the payments is | ||||||
20 | established or
admitted by the third party or whether those | ||||||
21 | payments are itemized. | ||||||
22 | Any amounts due the Plan to repay benefits may be | ||||||
23 | deducted from other
benefits payable by the Plan after | ||||||
24 | payments by or for the third party are made. | ||||||
25 | (4) Benefits due from the Plan may be reduced or | ||||||
26 | refused as an offset
against any amount otherwise |
| |||||||
| |||||||
1 | recoverable under this Section. | ||||||
2 | h. Right of subrogation; recoveries. | ||||||
3 | (1) Whenever the Plan has paid benefits because of | ||||||
4 | sickness or an
injury to any covered person resulting from | ||||||
5 | a third party's wrongful act or
negligence, or for which an | ||||||
6 | insurer is liable in accordance with the
provisions of any | ||||||
7 | policy of insurance, and the covered person has recovered
| ||||||
8 | or may recover damages from a third party that is liable | ||||||
9 | for the damages,
the Plan shall have the right to recover | ||||||
10 | the benefits it paid from any
amounts that the covered | ||||||
11 | person has received or may receive regardless of
the date | ||||||
12 | of the sickness or injury or the date of any settlement, | ||||||
13 | judgment,
or award resulting from that sickness
or injury. | ||||||
14 | The Plan shall be subrogated to any right of recovery the
| ||||||
15 | covered person may have under the terms of any private or | ||||||
16 | public health
care coverage or liability coverage, | ||||||
17 | including coverage under the Workers'
Compensation Act or | ||||||
18 | the Workers' Occupational Diseases Act, without the
| ||||||
19 | necessity of assignment of claim or other authorization to | ||||||
20 | secure the right
of recovery. To enforce its subrogation | ||||||
21 | right, the Plan may (i) intervene
or join in an action or | ||||||
22 | proceeding brought by the covered person or his
personal | ||||||
23 | representative, including his guardian, conservator, | ||||||
24 | estate,
dependents, or survivors,
against any third party | ||||||
25 | or the third party's insurer that may be liable or
(ii) | ||||||
26 | institute and prosecute legal proceedings against any |
| |||||||
| |||||||
1 | third party or
the third party's insurer that may be liable | ||||||
2 | for the sickness or injury in
an appropriate court either | ||||||
3 | in the name of the Plan or in the name of the
covered | ||||||
4 | person or his personal representative, including his | ||||||
5 | guardian,
conservator, estate, dependents, or survivors. | ||||||
6 | (2) If any action or claim is brought by or on behalf | ||||||
7 | of a covered
person against a third party or the third | ||||||
8 | party's insurer, the covered
person or his personal | ||||||
9 | representative, including his guardian,
conservator, | ||||||
10 | estate, dependents, or survivors, shall notify the Plan by
| ||||||
11 | personal service or registered mail of the action or claim | ||||||
12 | and of the name
of the court in which the action or claim | ||||||
13 | is brought, filing proof thereof
in the action or claim. | ||||||
14 | The Plan may, at any time thereafter, join in the
action or | ||||||
15 | claim upon its motion so that all orders of court after | ||||||
16 | hearing
and judgment shall be made for its protection. No | ||||||
17 | release or settlement of
a claim for damages and no | ||||||
18 | satisfaction of judgment in the action shall be
valid | ||||||
19 | without the written consent of the Plan to the extent of | ||||||
20 | its interest
in the settlement or judgment and of the | ||||||
21 | covered person or his
personal representative. | ||||||
22 | (3) In the event that the covered person or his | ||||||
23 | personal
representative fails to institute a proceeding | ||||||
24 | against any appropriate
third party before the fifth month | ||||||
25 | before the action would be barred, the
Plan may, in its own | ||||||
26 | name or in the name of the covered person or personal
|
| |||||||
| |||||||
1 | representative, commence a proceeding against any | ||||||
2 | appropriate third party
for the recovery of damages on | ||||||
3 | account of any sickness, injury, or death to
the covered | ||||||
4 | person. The covered person shall cooperate in doing what is
| ||||||
5 | reasonably necessary to assist the Plan in any recovery and | ||||||
6 | shall not take
any action that would prejudice the Plan's | ||||||
7 | right to recovery. The Plan
shall pay to the covered person | ||||||
8 | or his personal representative all sums
collected from any | ||||||
9 | third party by judgment or otherwise in excess of
amounts | ||||||
10 | paid in benefits under the Plan and amounts paid or to be | ||||||
11 | paid as
costs, attorneys fees, and reasonable expenses | ||||||
12 | incurred by the Plan in
making the collection or enforcing | ||||||
13 | the judgment. | ||||||
14 | (4) In the event that a covered person or his personal | ||||||
15 | representative,
including his guardian, conservator, | ||||||
16 | estate, dependents, or survivors,
recovers damages from a | ||||||
17 | third party for sickness or injury caused to the
covered | ||||||
18 | person, the covered person or the personal representative | ||||||
19 | shall pay to the Plan
from the damages recovered the amount | ||||||
20 | of benefits paid or to be paid on
behalf of the covered | ||||||
21 | person. | ||||||
22 | (5) When the action or claim is brought by the covered | ||||||
23 | person alone
and the covered person incurs a personal | ||||||
24 | liability to pay attorney's fees
and costs of litigation, | ||||||
25 | the Plan's claim for reimbursement of the benefits
provided | ||||||
26 | to the covered person shall be the full amount of benefits |
| |||||||
| |||||||
1 | paid to
or on behalf of the covered person under this Act | ||||||
2 | less a pro rata share
that represents the Plan's reasonable | ||||||
3 | share of attorney's fees paid by the
covered person and | ||||||
4 | that portion of the cost of litigation expenses
determined | ||||||
5 | by multiplying by the ratio of the full amount of the
| ||||||
6 | expenditures to the full amount of the judgement, award, or | ||||||
7 | settlement. | ||||||
8 | (6) In the event of judgment or award in a suit or | ||||||
9 | claim against a
third party or insurer, the court shall | ||||||
10 | first order paid from any judgement
or award the reasonable | ||||||
11 | litigation expenses incurred in preparation and
| ||||||
12 | prosecution of the action or claim, together with | ||||||
13 | reasonable attorney's
fees. After payment of those | ||||||
14 | expenses and attorney's fees, the court shall
apply out of | ||||||
15 | the balance of the judgment or award an amount sufficient | ||||||
16 | to
reimburse the Plan the full amount of benefits paid on | ||||||
17 | behalf of the
covered person under this Act, provided the | ||||||
18 | court may reduce and apportion
the Plan's portion of the | ||||||
19 | judgement proportionate to the recovery of the
covered | ||||||
20 | person. The burden of producing evidence sufficient to | ||||||
21 | support the
exercise by the court of its discretion to | ||||||
22 | reduce
the amount of a proven charge sought to be enforced | ||||||
23 | against the recovery
shall rest with the party seeking the | ||||||
24 | reduction. The court may consider
the nature and extent of | ||||||
25 | the injury, economic and non-economic loss,
settlement | ||||||
26 | offers, comparative negligence as it applies to the case at
|
| |||||||
| |||||||
1 | hand, hospital costs, physician costs, and all other | ||||||
2 | appropriate costs.
The Plan shall pay its pro rata share of | ||||||
3 | the attorney fees based on the
Plan's recovery as it | ||||||
4 | compares to the total judgment. Any reimbursement
rights of | ||||||
5 | the Plan shall take priority over all other liens and | ||||||
6 | charges
existing under the laws of this State with the | ||||||
7 | exception of any attorney
liens filed under the Attorneys | ||||||
8 | Lien Act. | ||||||
9 | (7) The Plan may compromise or settle and release any | ||||||
10 | claim for
benefits provided under this Act or waive any | ||||||
11 | claims for benefits, in whole
or in part, for the | ||||||
12 | convenience of the Plan or if the Plan determines that
| ||||||
13 | collection would result in undue hardship upon the covered | ||||||
14 | person. | ||||||
15 | (Source: P.A. 96-791, eff. 9-25-09; 96-938, eff. 6-24-10; | ||||||
16 | 97-813, eff. 7-13-12 .)
| ||||||
17 | Section 20. The Massage Licensing Act is amended by | ||||||
18 | changing Sections 25 and 30 as follows:
| ||||||
19 | (225 ILCS 57/25)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
21 | Sec. 25. Exemptions.
| ||||||
22 | (a) This Act does not prohibit a person licensed
under any | ||||||
23 | other Act
in this State
from
engaging in the practice for which | ||||||
24 | he or she is licensed.
|
| |||||||
| |||||||
1 | (b) Persons exempted under this Section include, but are | ||||||
2 | not limited to,
physicians,
podiatric physicians, naprapaths, | ||||||
3 | and physical therapists.
| ||||||
4 | (c) Nothing in this Act prohibits qualified members of | ||||||
5 | other
professional groups,
including but not limited to nurses, | ||||||
6 | occupational therapists,
cosmetologists, and
estheticians, | ||||||
7 | from performing massage in a manner consistent with their
| ||||||
8 | training and the
code of ethics of their respective | ||||||
9 | professions.
| ||||||
10 | (d) Nothing in this Act prohibits a student of an approved | ||||||
11 | massage
school or
program from performing massage, provided | ||||||
12 | that the student does not hold
himself or herself out
as a | ||||||
13 | licensed massage therapist and does not receive compensation, | ||||||
14 | including tips, for massage therapy
services.
| ||||||
15 | (e) Nothing in this Act prohibits practitioners that do not | ||||||
16 | involve
intentional soft tissue manipulation, including but | ||||||
17 | not limited to Alexander
Technique, Feldenkrais, Reike, and | ||||||
18 | Therapeutic Touch, from practicing.
| ||||||
19 | (f) Practitioners of certain service marked bodywork | ||||||
20 | approaches that do
involve intentional soft tissue | ||||||
21 | manipulation, including but not limited to
Rolfing, Trager | ||||||
22 | Approach, Polarity Therapy, and Orthobionomy, are exempt from
| ||||||
23 | this Act if they are approved by their governing body based on | ||||||
24 | a minimum level
of training, demonstration of competency, and | ||||||
25 | adherence to ethical standards.
| ||||||
26 | (g) Practitioners of Asian bodywork approaches are exempt |
| |||||||
| |||||||
1 | from this Act if
they are members of the American Organization | ||||||
2 | of Bodywork Therapies of Asia as
certified practitioners or if | ||||||
3 | they are approved by an Asian bodywork
organization based on a | ||||||
4 | minimum level of training, demonstration of competency,
and | ||||||
5 | adherence to ethical standards set by their governing body.
| ||||||
6 | (h) Practitioners of other forms of bodywork who restrict | ||||||
7 | manipulation of
soft tissue to the feet, hands, and ears, and | ||||||
8 | who do not have the client
disrobe, such as reflexology, are | ||||||
9 | exempt from this Act.
| ||||||
10 | (i) Nothing in this Act applies to massage therapists from | ||||||
11 | other states or
countries when providing educational programs | ||||||
12 | or services for a period not
exceeding 30 days within a | ||||||
13 | calendar year.
| ||||||
14 | (j) Nothing in this Act prohibits a person from treating | ||||||
15 | ailments by
spiritual means through prayer alone in accordance | ||||||
16 | with the tenets and
practices of a recognized church or | ||||||
17 | religious denomination.
| ||||||
18 | (k) Nothing in this Act applies to the practice of massage | ||||||
19 | therapy by a person either actively licensed as a massage | ||||||
20 | therapist in another state or currently certified by the | ||||||
21 | National Certification Board of Therapeutic Massage and | ||||||
22 | Bodywork or other national certifying body if said person's | ||||||
23 | state does not license massage therapists, if he or she is | ||||||
24 | performing his or her duties for a non-Illinois based team or | ||||||
25 | organization, or for a national athletic event held in this | ||||||
26 | State, so long as he or she restricts his or her practice to |
| |||||||
| |||||||
1 | his or her team or organization or to event participants during | ||||||
2 | the course of his or her team's or organization's stay in this | ||||||
3 | State or for the duration of the event. | ||||||
4 | (l) Nothing in this Act prohibits a person from engaging in | ||||||
5 | naprapathic practice as defined in the Medical Practice Act of | ||||||
6 | 1987. | ||||||
7 | (Source: P.A. 97-514, eff. 8-23-11; 98-214, eff. 8-9-13.)
| ||||||
8 | (225 ILCS 57/30)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 30. Title protection.
| ||||||
11 | (a) Persons regulated by this Act are designated as massage | ||||||
12 | therapists
and
therefore
are exclusively entitled to utilize | ||||||
13 | the terms "massage", "massage therapy", and
"massage | ||||||
14 | therapist" when advertising or printing
promotional material.
| ||||||
15 | (b) Anyone who knowingly aids and abets one or more persons | ||||||
16 | not authorized
to
use a
professional title regulated by this | ||||||
17 | Act or knowingly employs persons not
authorized to use the
| ||||||
18 | regulated professional title in the course of their employment, | ||||||
19 | commits a
violation of this Act.
| ||||||
20 | (c) Anyone not authorized, under the definitions of this | ||||||
21 | Act, to utilize the
term
"massage", "massage therapy", or | ||||||
22 | "massage therapist" and who knowingly utilizes
these terms when | ||||||
23 | advertising
commits a violation
of this Act.
| ||||||
24 | (d) Nothing in this Act shall prohibit the use of the terms | ||||||
25 | "massage", "massage therapy", or "massage therapist" by a salon |
| |||||||
| |||||||
1 | registered under the Barber, Cosmetology, Esthetics, Hair | ||||||
2 | Braiding, and Nail Technology Act of 1985, provided that the | ||||||
3 | salon offers massage therapy services in accordance with this | ||||||
4 | Act. | ||||||
5 | (Source: P.A. 97-514, eff. 8-23-11.)
| ||||||
6 | Section 25. The Medical Practice Act of 1987 is amended by | ||||||
7 | changing Section 2 and 3 as follows:
| ||||||
8 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
10 | Sec. 2. Definitions. For purposes of this Act, the
| ||||||
11 | following definitions shall have the following meanings,
| ||||||
12 | except where the context requires otherwise:
| ||||||
13 | "Act" means the Medical Practice Act of 1987.
| ||||||
14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's or licensee's application | ||||||
16 | file or license file as maintained by the Department's | ||||||
17 | licensure maintenance unit. It is the duty of the applicant or | ||||||
18 | licensee to inform the Department of any change of address and | ||||||
19 | those changes must be made either through the Department's | ||||||
20 | website or by contacting the Department. | ||||||
21 | "Chiropractic physician" means a person licensed to treat | ||||||
22 | human ailments without the use of drugs and without operative | ||||||
23 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
24 | chiropractic physician from providing advice regarding the use |
| |||||||
| |||||||
1 | of non-prescription products or from administering atmospheric | ||||||
2 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
3 | chiropractic physician to prescribe drugs. | ||||||
4 | "Department" means the Department of Financial and | ||||||
5 | Professional Regulation.
| ||||||
6 | "Disciplinary Action" means revocation,
suspension, | ||||||
7 | probation, supervision, practice modification,
reprimand, | ||||||
8 | required education, fines or any other action
taken by the | ||||||
9 | Department against a person holding a license.
| ||||||
10 | "Disciplinary Board" means the Medical Disciplinary
Board.
| ||||||
11 | "Final Determination" means the governing body's
final | ||||||
12 | action taken under the procedure followed by a health
care | ||||||
13 | institution, or professional association or society,
against | ||||||
14 | any person licensed under the Act in accordance with
the bylaws | ||||||
15 | or rules and regulations of such health care
institution, or | ||||||
16 | professional association or society.
| ||||||
17 | "Fund" means the Illinois State Medical Disciplinary Fund.
| ||||||
18 | "Impaired" means the inability to practice
medicine with | ||||||
19 | reasonable skill and safety due to physical or
mental | ||||||
20 | disabilities as evidenced by a written determination
or written | ||||||
21 | consent based on clinical evidence including
deterioration | ||||||
22 | through the aging process or loss of motor
skill, or abuse of | ||||||
23 | drugs or alcohol, of sufficient degree to
diminish a person's | ||||||
24 | ability to deliver competent patient
care.
| ||||||
25 | "Licensing Board" means the Medical Licensing Board.
| ||||||
26 | "Naprapathic practice" means the evaluation of persons |
| |||||||
| |||||||
1 | with connective tissue disorders through the use of naprapathic | ||||||
2 | case history and palpation or treatment of persons by the use | ||||||
3 | of connective tissue manipulation, therapeutic and | ||||||
4 | rehabilitative exercise, postural counseling, nutritional | ||||||
5 | counseling, and the use of the effective properties of physical | ||||||
6 | measures of heat, cold, light, water, radiant energy, | ||||||
7 | electricity, sound and air, and assistive devices for the | ||||||
8 | purpose of preventing, correcting, or alleviating a physical | ||||||
9 | disability. | ||||||
10 | "Naprapathic practice" includes, but is not limited to, the | ||||||
11 | treatment of contractures, muscle spasms, inflammation, scar | ||||||
12 | tissue formation, adhesions, lesions, laxity, hypotonicity, | ||||||
13 | rigidity, structural imbalance, bruising, contusions, muscular | ||||||
14 | atrophy, and partial separation of connective tissue fibers. | ||||||
15 | "Naprapathic practice" also includes: (i) performance of | ||||||
16 | specialized tests and measurements, (ii) administration of | ||||||
17 | specialized treatment procedures, (iii) interpretation of | ||||||
18 | referrals from licensed physicians, dentists, and podiatric | ||||||
19 | physicians, (iv) establishment and modification of naprapathic | ||||||
20 | treatment programs, and (v) supervision or teaching of | ||||||
21 | naprapathy. | ||||||
22 | "Naprapathic practice" does not include radiology, | ||||||
23 | surgery, pharmacology, invasive diagnostic testing, or | ||||||
24 | determination of a differential diagnosis; however, the | ||||||
25 | limitation on determining a differential diagnosis does not in | ||||||
26 | any manner limit a naprapath from performing an evaluation. |
| |||||||
| |||||||
1 | "Physician" means a person licensed under the
Medical | ||||||
2 | Practice Act to practice medicine in all of its
branches or a | ||||||
3 | chiropractic physician.
| ||||||
4 | "Professional Association" means an association or
society | ||||||
5 | of persons licensed under this Act, and operating
within the | ||||||
6 | State of Illinois, including but not limited to,
medical | ||||||
7 | societies, osteopathic organizations, and
chiropractic | ||||||
8 | organizations, but this term shall not be
deemed to include | ||||||
9 | hospital medical staffs.
| ||||||
10 | "Program of Care, Counseling, or Treatment" means
a written | ||||||
11 | schedule of organized treatment, care, counseling,
activities, | ||||||
12 | or education, satisfactory to the Disciplinary
Board, designed | ||||||
13 | for the purpose of restoring an impaired
person to a condition | ||||||
14 | whereby the impaired person can
practice medicine with | ||||||
15 | reasonable skill and safety of a
sufficient degree to deliver | ||||||
16 | competent patient care.
| ||||||
17 | "Reinstate" means to change the status of a license from | ||||||
18 | inactive or nonrenewed status to active status. | ||||||
19 | "Restore" means to remove an encumbrance from a license due | ||||||
20 | to probation, suspension, or revocation. | ||||||
21 | "Secretary" means the Secretary of the Department of | ||||||
22 | Financial and Professional Regulation. | ||||||
23 | (Source: P.A. 98-1140, eff. 12-30-14; 99-933, eff. 1-27-17.)
| ||||||
24 | (225 ILCS 60/3) (from Ch. 111, par. 4400-3)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2017)
|
| |||||||
| |||||||
1 | Sec. 3. Licensure requirement. No person shall practice | ||||||
2 | medicine, or
any
of its branches, or
treat human ailments | ||||||
3 | without the use of
drugs and without operative surgery, without | ||||||
4 | a valid, active
license to do so, except that a physician who | ||||||
5 | holds
an active license in another state or a second year | ||||||
6 | resident
enrolled in a residency program accredited by the | ||||||
7 | Liaison
Committee on Graduate Medical Education or the Bureau | ||||||
8 | of Professional
Education of the American
Osteopathic | ||||||
9 | Association
may provide medical services to patients in | ||||||
10 | Illinois during
a bonafide emergency in immediate preparation | ||||||
11 | for or during
interstate transit. The practice of medicine does | ||||||
12 | not include naprapathic practice.
| ||||||
13 | (Source: P.A. 98-1140, eff. 12-30-14 .)
| ||||||
14 | (225 ILCS 63/Act rep.)
| ||||||
15 | Section 30. The Naprapathic Practice Act is repealed.
| ||||||
16 | Section 35. The Illinois Physical Therapy Act is amended by | ||||||
17 | changing Section 2 as follows:
| ||||||
18 | (225 ILCS 90/2) (from Ch. 111, par. 4252)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
20 | Sec. 2. Licensure requirement; exempt activities. Practice | ||||||
21 | without a
license forbidden - exception.
No person shall
after | ||||||
22 | the date of August 31, 1965 begin to practice physical therapy | ||||||
23 | in
this State or hold himself out as being able to practice |
| |||||||
| |||||||
1 | this profession,
unless he is licensed as such in accordance | ||||||
2 | with the provisions of this Act.
After the effective date of | ||||||
3 | this amendatory Act of 1990, no person shall
practice or hold | ||||||
4 | himself out as a physical therapist assistant unless he is
| ||||||
5 | licensed as such under this Act. A physical therapist shall use | ||||||
6 | the initials "PT" in connection with his or her name to denote | ||||||
7 | licensure under this Act, and a physical therapist assistant | ||||||
8 | shall use the initials "PTA" in connection with his or her name | ||||||
9 | to denote licensure under this Act.
| ||||||
10 | This Act does not prohibit:
| ||||||
11 | (1) Any person licensed in this State under
any other | ||||||
12 | Act from engaging in the practice for which he is licensed.
| ||||||
13 | (2) The practice of physical therapy by those persons, | ||||||
14 | practicing
under the
supervision of a licensed physical | ||||||
15 | therapist and who have met all of the
qualifications as | ||||||
16 | provided in Sections 7, 8.1, and 9 of this Act, until
the | ||||||
17 | next examination is given for physical therapists or | ||||||
18 | physical
therapist assistants and the results have been | ||||||
19 | received by the Department
and the Department has | ||||||
20 | determined the applicant's
eligibility for a license. | ||||||
21 | Anyone failing to pass said examination
shall not again | ||||||
22 | practice physical therapy until such time as an examination
| ||||||
23 | has been successfully passed by such person.
| ||||||
24 | (3) The practice of physical
therapy for a period not | ||||||
25 | exceeding 6 months by a person who is in this State
on a | ||||||
26 | temporary basis to assist in a case of medical emergency or |
| |||||||
| |||||||
1 | to engage
in a special physical therapy project, and who | ||||||
2 | meets the qualifications
for a physical therapist as set | ||||||
3 | forth in Sections 7 and 8 of this Act and
is licensed in | ||||||
4 | another state as a physical therapist.
| ||||||
5 | (4) Practice of physical
therapy by qualified persons | ||||||
6 | who have filed for endorsement for no longer
than one year | ||||||
7 | or until such time that notification of licensure has been
| ||||||
8 | granted or denied, whichever period of time is lesser.
| ||||||
9 | (5) One or more
licensed physical therapists from | ||||||
10 | forming a professional service
corporation under the | ||||||
11 | provisions of the "Professional Service Corporation
Act", | ||||||
12 | approved September 15, 1969, as now or hereafter amended, | ||||||
13 | and
licensing such corporation for the practice of physical | ||||||
14 | therapy.
| ||||||
15 | (6) Physical therapy aides from performing patient | ||||||
16 | care activities under
the
on-site supervision of a licensed | ||||||
17 | physical therapist or licensed physical
therapist | ||||||
18 | assistant. These patient care activities shall not include
| ||||||
19 | interpretation of referrals, evaluation procedures, the | ||||||
20 | planning of or
major modifications of, patient programs.
| ||||||
21 | (7) Physical Therapist
Assistants from performing | ||||||
22 | patient care activities under the general
supervision of a | ||||||
23 | licensed physical therapist. The physical therapist must
| ||||||
24 | maintain continual contact with the physical therapist | ||||||
25 | assistant including
periodic personal supervision and | ||||||
26 | instruction to insure the safety and
welfare of the |
| |||||||
| |||||||
1 | patient.
| ||||||
2 | (8) The practice of physical therapy by a physical
| ||||||
3 | therapy student or a physical therapist assistant student | ||||||
4 | under the on-site supervision of a licensed physical | ||||||
5 | therapist.
The physical therapist shall be readily | ||||||
6 | available for direct supervision
and instruction to insure | ||||||
7 | the safety and welfare of the patient.
| ||||||
8 | (9) The
practice of physical therapy as part of an | ||||||
9 | educational program by a
physical therapist licensed in | ||||||
10 | another state or country for a period not to
exceed 6 | ||||||
11 | months.
| ||||||
12 | (10) The practice, services, or activities of persons | ||||||
13 | practicing the specified occupations set forth in | ||||||
14 | subsection (a) of, and pursuant to a licensing exemption | ||||||
15 | granted in subsection (b) or (d) of, Section 2105-350 of | ||||||
16 | the Department of Professional Regulation Law of the Civil | ||||||
17 | Administrative Code of Illinois, but only for so long as | ||||||
18 | the 2016 Olympic and Paralympic Games Professional | ||||||
19 | Licensure Exemption Law is operable. | ||||||
20 | (11) A person from engaging in naprapathic practice as | ||||||
21 | defined in the Medical Practice Act of 1987. | ||||||
22 | (Source: P.A. 96-7, eff. 4-3-09 .)
| ||||||
23 | (225 ILCS 130/Act rep.)
| ||||||
24 | Section 40. The Registered Surgical Assistant and | ||||||
25 | Registered Surgical
Technologist Title Protection Act is |
| |||||||
| |||||||
1 | repealed.
| ||||||
2 | (225 ILCS 310/Act rep.)
| ||||||
3 | Section 45. The Interior Design Title Act is repealed.
| ||||||
4 | (225 ILCS 335/Act rep.)
| ||||||
5 | Section 50. The Illinois Roofing Industry Licensing Act is | ||||||
6 | repealed.
| ||||||
7 | (225 ILCS 401/Act rep.) | ||||||
8 | Section 55. The Illinois Athlete Agents Act is repealed.
| ||||||
9 | Section 60. The Auction License Act is amended by changing | ||||||
10 | Sections 5-10 and 10-1 as follows:
| ||||||
11 | (225 ILCS 407/5-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
14 | "Advertisement" means any written, oral, or electronic | ||||||
15 | communication that
contains a promotion, inducement, or offer | ||||||
16 | to conduct an auction or offer to
provide an auction service, | ||||||
17 | including but not limited to brochures, pamphlets,
radio and | ||||||
18 | television scripts, telephone and direct mail solicitations,
| ||||||
19 | electronic media, and other means of promotion.
| ||||||
20 | "Advisory Board" or "Board" means the Auctioneer Advisory | ||||||
21 | Board.
|
| |||||||
| |||||||
1 | "Associate auctioneer" means a person who conducts an | ||||||
2 | auction, but who is
under the direct supervision of, and is | ||||||
3 | sponsored by, a licensed auctioneer
or auction firm.
| ||||||
4 | "Auction" means the sale or lease of property, real or | ||||||
5 | personal, by means
of exchanges between an auctioneer and | ||||||
6 | prospective
purchasers or lessees, which consists of a series | ||||||
7 | of invitations for offers
made by the auctioneer and offers by | ||||||
8 | prospective
purchasers or lessees for the purpose of obtaining | ||||||
9 | an acceptable offer for
the sale or lease of the property, | ||||||
10 | including the sale or lease of property
via mail, | ||||||
11 | telecommunications, or the Internet.
| ||||||
12 | "Auction contract" means a written agreement between an | ||||||
13 | auctioneer or auction firm and a seller or sellers.
| ||||||
14 | "Auction firm" means any corporation, partnership, or | ||||||
15 | limited liability
company that acts as an auctioneer and | ||||||
16 | provides an auction service.
| ||||||
17 | "Auction school" means any educational institution, public | ||||||
18 | or private,
which offers a curriculum of auctioneer education | ||||||
19 | and training approved
by the Department.
| ||||||
20 | "Auction service" means the service of arranging, | ||||||
21 | managing, advertising,
or conducting auctions.
| ||||||
22 | "Auctioneer" means a person or entity who, for another, for | ||||||
23 | a fee,
compensation, commission, or any other valuable | ||||||
24 | consideration at auction or
with the intention or expectation | ||||||
25 | of receiving valuable consideration by the
means of or process | ||||||
26 | of an auction or sale at auction or providing an auction
|
| |||||||
| |||||||
1 | service, offers, negotiates, or attempts to negotiate an | ||||||
2 | auction contract,
sale, purchase, or exchange of goods, | ||||||
3 | chattels, merchandise, personal property,
real property, or | ||||||
4 | any commodity that may be lawfully kept or offered for sale
by | ||||||
5 | or at auction.
| ||||||
6 | "Address of Record" means the designated address recorded | ||||||
7 | by the Department in the applicant's or licensee's application | ||||||
8 | file or license file maintained by the Department. It is the | ||||||
9 | duty of the applicant or licensee to inform the Department of | ||||||
10 | any change of address, and such changes must be made either | ||||||
11 | through the Department's website or by directly contacting the | ||||||
12 | Department. | ||||||
13 | "Buyer premium" means any fee or compensation paid by the | ||||||
14 | successful purchaser of property sold or leased at or by | ||||||
15 | auction, to the auctioneer, auction firms, seller, lessor, or | ||||||
16 | other party to the transaction, other than the purchase price. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation.
| ||||||
19 | "Goods" means chattels, movable goods, merchandise, or | ||||||
20 | personal property or
commodities of any form or type that may | ||||||
21 | be lawfully kept or offered for sale.
| ||||||
22 | "Interactive computer service" means any information | ||||||
23 | service, system, or access software provider that provides or | ||||||
24 | enables computer access by multiple users to a computer server, | ||||||
25 | including specifically a service or system that provides access | ||||||
26 | to the Internet. |
| |||||||
| |||||||
1 | "Internet auction listing service" means a website on the | ||||||
2 | Internet, or other interactive computer service, that is | ||||||
3 | designed to allow or advertise as a means of allowing users to | ||||||
4 | offer personal property or services for sale or lease to a | ||||||
5 | prospective buyer or lessee through an on-line bid submission | ||||||
6 | process using that website or interactive computer service and | ||||||
7 | that does not examine, set the price, prepare the description | ||||||
8 | of the personal property or service to be offered, or in any | ||||||
9 | way utilize the services of a natural person as an auctioneer. | ||||||
10 | "Licensee" means any person licensed under this Act.
| ||||||
11 | "Managing auctioneer" means any person licensed as an | ||||||
12 | auctioneer who manages
and supervises licensees sponsored by an | ||||||
13 | auction firm or auctioneer.
| ||||||
14 | "Person" means an individual, association, partnership, | ||||||
15 | corporation, or
limited liability company or the officers, | ||||||
16 | directors, or employees of the same.
| ||||||
17 | "Pre-renewal period" means the 24 months prior to the | ||||||
18 | expiration date of a
license issued under this Act.
| ||||||
19 | "Real estate" means real estate as defined in Section 1-10 | ||||||
20 | of the Real Estate License Act of 2000 or its successor Acts. | ||||||
21 | "Secretary" means the Secretary of the Department of | ||||||
22 | Financial and Professional Regulation or his or her designee.
| ||||||
23 | "Sponsoring auctioneer" means the auctioneer or auction | ||||||
24 | firm who has issued a
sponsor card to a licensed auctioneer.
| ||||||
25 | "Sponsor card" means the temporary permit issued by the
| ||||||
26 | sponsoring auctioneer certifying that the licensee named |
| |||||||
| |||||||
1 | thereon is employed
by or associated with the sponsoring | ||||||
2 | auctioneer and the sponsoring auctioneer
shall be responsible | ||||||
3 | for the actions of the sponsored licensee.
| ||||||
4 | (Source: P.A. 98-553, eff. 1-1-14.)
| ||||||
5 | (225 ILCS 407/10-1)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 10-1. Necessity of license; exemptions.
| ||||||
8 | (a) It is unlawful for any
person, corporation,
limited | ||||||
9 | liability company, partnership, or other entity to conduct an | ||||||
10 | auction,
provide an auction
service, hold himself or herself | ||||||
11 | out as an auctioneer, or advertise his or her
services as an | ||||||
12 | auctioneer
in the State of Illinois without a license issued by | ||||||
13 | the Department under this Act,
except at:
| ||||||
14 | (1) an auction conducted solely by or for a | ||||||
15 | not-for-profit organization
for
charitable
purposes in | ||||||
16 | which the individual receives no compensation;
| ||||||
17 | (2) an auction conducted by the owner of the property, | ||||||
18 | real or personal;
| ||||||
19 | (3) an auction for the sale or lease of real property | ||||||
20 | conducted by a
licensee
under the
Real Estate License Act, | ||||||
21 | or its successor Acts, in accordance with the terms of
that | ||||||
22 | Act;
| ||||||
23 | (4) an auction conducted by a business registered as a | ||||||
24 | market
agency under the federal Packers and Stockyards Act | ||||||
25 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction |
| |||||||
| |||||||
1 | Market Law;
| ||||||
2 | (5) an auction conducted by an agent, officer, or | ||||||
3 | employee of a federal
agency in the conduct of his or her | ||||||
4 | official duties; and
| ||||||
5 | (6) an auction conducted by an agent, officer, or | ||||||
6 | employee of the State
government or any political | ||||||
7 | subdivision thereof performing his or her official
duties.
| ||||||
8 | (b) Nothing in this Act shall be construed to apply to a | ||||||
9 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
10 | the Secretary of State of Illinois, or
to any employee of the
| ||||||
11 | licensee, who is a resident of the State of Illinois,
while the | ||||||
12 | employee is acting in the regular scope of his or her | ||||||
13 | employment for
the licensee
while conducting an auction that is | ||||||
14 | not open to the public, provided that
only new or used vehicle | ||||||
15 | dealers,
rebuilders, automotive parts recyclers, or scrap | ||||||
16 | processors licensed by the Secretary of State or licensed by
| ||||||
17 | another state or jurisdiction may buy property at the auction, | ||||||
18 | or to sales by or
through the licensee. Out-of-state salvage | ||||||
19 | vehicle buyers licensed in another state or jurisdiction may | ||||||
20 | also buy property at the auction.
| ||||||
21 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
22 | person under the
age of 18 from selling property under $250 in | ||||||
23 | value while under the direct
supervision of a licensed | ||||||
24 | auctioneer.
| ||||||
25 | (d) Nothing in this Act , except Section 10-27, shall be | ||||||
26 | construed to
apply to a person while providing an Internet |
| |||||||
| |||||||
1 | auction listing service as
defined
in Section 5-10 10-27 .
| ||||||
2 | (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, | ||||||
3 | eff. 8-25-09.)
| ||||||
4 | (225 ILCS 407/10-27 rep.)
| ||||||
5 | Section 65. The Auction License Act is amended by repealing | ||||||
6 | Section 10-27.
| ||||||
7 | Section 70. The Barber, Cosmetology, Esthetics, Hair | ||||||
8 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
9 | changing Sections 1-1, 1-2, 1-4, 1-7, 1-7.5, 1-10, 1-11, 3-1, | ||||||
10 | 3B-1, 3B-10, 3B-11, 3B-12, 3B-15, 3B-16, 3C-8, 3D-5, 4-1, 4-2, | ||||||
11 | 4-4, 4-6.1, 4-7, 4-9, 4-19, and 4-20 and the headings of | ||||||
12 | Article IIIB and Article IIID as follows:
| ||||||
13 | (225 ILCS 410/1-1) (from Ch. 111, par. 1701-1)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
15 | Sec. 1-1. Title of Act. This Act may be cited as the | ||||||
16 | Barber, Cosmetology, Esthetics, Hair Braiding, and Nail | ||||||
17 | Technology Act of 1985.
| ||||||
18 | (Source: P.A. 96-1246, eff. 1-1-11 .)
| ||||||
19 | (225 ILCS 410/1-2) (from Ch. 111, par. 1701-2)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
21 | Sec. 1-2. Public policy. The practices of barbering, | ||||||
22 | cosmetology, esthetics, hair braiding, and nail technology
in |
| |||||||
| |||||||
1 | the State of Illinois are hereby declared to affect the public | ||||||
2 | health,
safety and welfare and to be subject to regulation and | ||||||
3 | control in the public
interest. It is further declared to be a | ||||||
4 | matter of public interest
and concern that the professions | ||||||
5 | merit and receive the confidence of
the public and that only | ||||||
6 | qualified persons be permitted to practice
said professions in | ||||||
7 | the State of Illinois. This Act shall be liberally
construed to | ||||||
8 | carry out these objects and purposes.
| ||||||
9 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
10 | (225 ILCS 410/1-4)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 1-4. Definitions. In this Act the following words | ||||||
13 | shall have the
following meanings: | ||||||
14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's application file or the | ||||||
16 | licensee's license file, as maintained by the Department's | ||||||
17 | licensure maintenance unit.
| ||||||
18 | "Board" means the Barber, Cosmetology, Esthetics, Hair | ||||||
19 | Braiding, and Nail Technology Board.
| ||||||
20 | "Department" means the Department of Financial and | ||||||
21 | Professional Regulation.
| ||||||
22 | "Hair braiding" means a natural form of hair manipulation | ||||||
23 | by braiding, cornrowing, extending, lacing, locking, sewing, | ||||||
24 | twisting, weaving, or wrapping human hair, natural fibers, | ||||||
25 | synthetic fibers, and hair extensions. Such practice can be |
| |||||||
| |||||||
1 | performed by hand or by using simple braiding devices including | ||||||
2 | clips, combs, hairpins, scissors, needles and thread. "Hair | ||||||
3 | braiding" includes what is commonly known as "African-style | ||||||
4 | hair braiding" or "natural hair care", but is not limited to | ||||||
5 | any particular cultural, ethnic, racial, or religious form of | ||||||
6 | hair style. "Hair braiding" includes the making of customized | ||||||
7 | wigs from natural hair, natural fibers, synthetic fibers, and | ||||||
8 | hair extensions. "Hair braiding" does not involve the use of | ||||||
9 | penetrating chemical hair treatments, chemical hair coloring | ||||||
10 | agents, chemical hair straightening agents, chemical hair | ||||||
11 | joining agents, permanent wave styles, or chemical hair | ||||||
12 | bleaching agents applied to growing human hair. "Hair braiding" | ||||||
13 | does not include the cutting or growing of human hair, but may | ||||||
14 | include the trimming of hair extensions or sewn weave-in | ||||||
15 | extensions only as applicable to the braiding process. | ||||||
16 | "Licensed barber" means an individual licensed by the | ||||||
17 | Department
to practice barbering as defined in this Act and | ||||||
18 | whose
license is in good standing.
| ||||||
19 | "Licensed cosmetologist" means an individual licensed by | ||||||
20 | the
Department to practice cosmetology, nail technology, hair | ||||||
21 | braiding, and esthetics as
defined in this Act and whose | ||||||
22 | license is in good standing.
| ||||||
23 | "Licensed esthetician" means an individual
licensed by the
| ||||||
24 | Department to practice esthetics as defined in this Act and | ||||||
25 | whose
license is in good standing.
| ||||||
26 | "Licensed nail technician" means an individual
licensed by
|
| |||||||
| |||||||
1 | the Department to practice nail technology as defined in this | ||||||
2 | Act and whose
license is in good standing.
| ||||||
3 | "Licensed barber teacher" means an individual
licensed
by | ||||||
4 | the Department to practice barbering as defined in this Act
and | ||||||
5 | to provide instruction in the theory and practice of barbering | ||||||
6 | to students in an approved barber school.
| ||||||
7 | "Licensed cosmetology teacher" means an individual
| ||||||
8 | licensed by the Department to practice cosmetology,
esthetics, | ||||||
9 | hair braiding, and nail technology as defined in this Act
and | ||||||
10 | to provide instruction in the theory and
practice of | ||||||
11 | cosmetology, esthetics, hair braiding, and nail technology to
| ||||||
12 | students in an approved cosmetology, esthetics, hair braiding, | ||||||
13 | or nail technology school.
| ||||||
14 | "Licensed cosmetology clinic teacher" means an individual | ||||||
15 | licensed by the
Department to practice cosmetology, esthetics, | ||||||
16 | hair braiding, and nail technology as defined
in this Act and | ||||||
17 | to provide clinical instruction in the practice of cosmetology,
| ||||||
18 | esthetics, hair braiding, and nail technology in an approved | ||||||
19 | school of cosmetology, esthetics, hair braiding,
or nail | ||||||
20 | technology.
| ||||||
21 | "Licensed esthetics teacher" means an individual
licensed | ||||||
22 | by
the Department to practice esthetics as defined in this Act | ||||||
23 | and to provide
instruction in the theory and practice of | ||||||
24 | esthetics
to students in an approved cosmetology or esthetics | ||||||
25 | school.
| ||||||
26 | "Licensed hair braider" means an individual licensed by the |
| |||||||
| |||||||
1 | Department to practice hair braiding as defined in this Act and | ||||||
2 | whose license is in good standing. | ||||||
3 | "Licensed hair braiding teacher" means an individual | ||||||
4 | licensed by the Department to practice hair braiding and to | ||||||
5 | provide instruction in the theory and practice of hair braiding | ||||||
6 | to students in an approved cosmetology or hair braiding school. | ||||||
7 | "Licensed nail technology teacher" means an individual
| ||||||
8 | licensed by the Department to practice nail technology and
to | ||||||
9 | provide instruction in the theory and
practice of nail | ||||||
10 | technology to students in an approved nail technology
or | ||||||
11 | cosmetology school.
| ||||||
12 | "Enrollment" is the date upon which the student signs an
| ||||||
13 | enrollment agreement or student contract.
| ||||||
14 | "Enrollment agreement" or "student contract" is any | ||||||
15 | agreement,
instrument, or contract however named, which | ||||||
16 | creates or evidences an
obligation binding a student to | ||||||
17 | purchase a course of instruction from a school.
| ||||||
18 | "Enrollment time" means the maximum number of hours a | ||||||
19 | student
could have attended class, whether or not the student | ||||||
20 | did in fact attend
all those hours.
| ||||||
21 | "Elapsed enrollment time" means the enrollment time | ||||||
22 | elapsed between
the actual starting date and the date of the | ||||||
23 | student's last day of physical
attendance in the school.
| ||||||
24 | "Mobile shop or salon" means a self-contained facility that | ||||||
25 | may be moved, towed, or transported from one location to | ||||||
26 | another and in which barbering, cosmetology, esthetics, hair |
| |||||||
| |||||||
1 | braiding, or nail technology is practiced. | ||||||
2 | "Secretary" means the Secretary of the Department of | ||||||
3 | Financial and Professional Regulation. | ||||||
4 | "Threading" means any technique that results in the removal | ||||||
5 | of superfluous hair from the body by twisting thread around | ||||||
6 | unwanted hair and then pulling it from the skin; and may also | ||||||
7 | include the incidental trimming of eyebrow hair. | ||||||
8 | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, | ||||||
9 | eff. 8-21-15.)
| ||||||
10 | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 1-7. Licensure required; renewal; restoration.
| ||||||
13 | (a) It is unlawful for any person to practice, or to hold | ||||||
14 | himself or
herself out to be a cosmetologist, esthetician, nail | ||||||
15 | technician, hair braider, or
barber without a license as a | ||||||
16 | cosmetologist,
esthetician, nail technician, hair braider or | ||||||
17 | barber issued by the Department pursuant to the provisions of | ||||||
18 | this Act and of the
Civil Administrative Code of Illinois. It | ||||||
19 | is also unlawful for any person,
firm, partnership, limited | ||||||
20 | liability company, or corporation to own, operate, or conduct a
| ||||||
21 | cosmetology, esthetics, nail technology, hair braiding, or | ||||||
22 | barber school
without a license
issued by the Department or to | ||||||
23 | own or operate a cosmetology, esthetics, or nail
technology , or | ||||||
24 | hair braiding salon, barber shop, or other business subject to | ||||||
25 | the registration requirements of this Act without a certificate |
| |||||||
| |||||||
1 | of registration issued
by the Department. It is further | ||||||
2 | unlawful for any person to teach in any
cosmetology, esthetics, | ||||||
3 | nail technology, hair braiding, or barber college or school
| ||||||
4 | approved by the Department or hold himself or herself out as a | ||||||
5 | cosmetology,
esthetics, hair braiding, nail technology, or | ||||||
6 | barber teacher without a license as a teacher,
issued by the | ||||||
7 | Department
or as a cosmetology clinic teacher without a license | ||||||
8 | as a cosmetology clinic teacher issued
by the
Department.
| ||||||
9 | (b) Notwithstanding any other provision of this Act, a | ||||||
10 | person licensed as a
cosmetologist may hold himself or herself | ||||||
11 | out as
an esthetician and may engage in the practice of | ||||||
12 | esthetics, as defined in this
Act, without being licensed as an | ||||||
13 | esthetician. A person
licensed as a cosmetology teacher may
| ||||||
14 | teach esthetics or hold himself or herself out as an esthetics | ||||||
15 | teacher without
being licensed as an esthetics teacher. A | ||||||
16 | person
licensed as a cosmetologist may hold himself or herself | ||||||
17 | out
as a nail technician and may engage in the practice of nail | ||||||
18 | technology, as
defined in this Act, without being licensed as a | ||||||
19 | nail
technician. A person licensed as a cosmetology teacher may
| ||||||
20 | teach nail technology and hold himself or herself out as a nail | ||||||
21 | technology
teacher without being licensed as a nail
technology | ||||||
22 | teacher. A person licensed as a cosmetologist may hold himself | ||||||
23 | or herself out as a hair braider and may engage in the practice | ||||||
24 | of hair braiding, as defined in this Act, without being | ||||||
25 | licensed as a hair braider. A person licensed as a cosmetology | ||||||
26 | teacher may teach hair braiding and hold himself or herself out |
| |||||||
| |||||||
1 | as a hair braiding teacher without being licensed as a hair | ||||||
2 | braiding teacher.
| ||||||
3 | (c) A person licensed as a barber teacher may hold himself | ||||||
4 | or herself out
as a barber and may practice barbering without a | ||||||
5 | license as a barber. A person
licensed as a cosmetology teacher | ||||||
6 | may hold himself or herself out as a
cosmetologist, | ||||||
7 | esthetician, hair braider, and nail technologist and may | ||||||
8 | practice cosmetology,
esthetics, hair braiding, and nail | ||||||
9 | technology without a license as a cosmetologist,
esthetician, | ||||||
10 | hair braider, or nail technologist. A person licensed as an | ||||||
11 | esthetics teacher
may hold himself or herself out as an | ||||||
12 | esthetician without being licensed as an
esthetician and may | ||||||
13 | practice esthetics. A person licensed as a nail technician
| ||||||
14 | teacher may practice nail technology and may hold himself or | ||||||
15 | herself out as a
nail technologist without being licensed as a | ||||||
16 | nail technologist. A person licensed as a hair braiding teacher | ||||||
17 | may practice hair braiding and may hold himself or herself out | ||||||
18 | as a hair braider without being licensed as a hair braider.
| ||||||
19 | (d) The holder of a license issued under this Act may renew | ||||||
20 | that license during the month preceding the expiration date of | ||||||
21 | the license by paying the required fee.
| ||||||
22 | (e) The expiration date, renewal period, and conditions for | ||||||
23 | renewal and restoration of each license shall be established by | ||||||
24 | rule. | ||||||
25 | (f) A license issued under the provisions of this Act as a | ||||||
26 | barber, barber teacher, cosmetologist, cosmetology teacher, |
| |||||||
| |||||||
1 | cosmetology clinic teacher, esthetician, esthetics teacher, | ||||||
2 | nail technician, or nail technician teacher , hair braider, or | ||||||
3 | hair braiding teacher that has expired while the holder of the | ||||||
4 | license was engaged (1) in federal service on active duty with | ||||||
5 | the Army, Navy, Marine Corps, Air Force, or Coast Guard of the | ||||||
6 | United States of America, or any Women's Auxiliary thereof, or | ||||||
7 | the State Militia called into the service or training of the | ||||||
8 | United States of America or (2) in training or education under | ||||||
9 | the supervision of the United States preliminary to induction | ||||||
10 | into the military service, may be reinstated or restored | ||||||
11 | without payment of any lapsed renewal fees, reinstatement fee, | ||||||
12 | or restoration fee if within 2 years after the termination of | ||||||
13 | such service, training, or education other than by dishonorable | ||||||
14 | discharge, the holder furnishes the Department with an | ||||||
15 | affidavit to the effect that he or she has been so engaged and | ||||||
16 | that his or her service, training, or education has been so | ||||||
17 | terminated. | ||||||
18 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
| ||||||
19 | (225 ILCS 410/1-7.5)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
21 | Sec. 1-7.5. Unlicensed practice; violation; civil penalty.
| ||||||
22 | (a) Any person who practices, offers to practice, attempts | ||||||
23 | to practice, or
holds himself or herself out to practice | ||||||
24 | barbering, cosmetology, esthetics, hair braiding, or
nail | ||||||
25 | technology without being licensed under this Act shall, in
|
| |||||||
| |||||||
1 | addition to any other penalty provided by law, pay a civil | ||||||
2 | penalty to the
Department in an amount not to exceed $5,000 for | ||||||
3 | each offense as determined by
the Department. The civil penalty | ||||||
4 | shall be assessed by the Department after a
hearing is held in | ||||||
5 | accordance with the provisions set forth in this Act
regarding | ||||||
6 | disciplining a licensee.
| ||||||
7 | (b) The Department has the authority and power to | ||||||
8 | investigate any and all
unlicensed activity.
| ||||||
9 | (c) The civil penalty shall be paid within 60 days after | ||||||
10 | the effective date
of the order imposing the civil penalty. The | ||||||
11 | order shall constitute a judgment
and may be filed and | ||||||
12 | execution had thereon in the same manner as any judgment
from | ||||||
13 | any court of record.
| ||||||
14 | (Source: P.A. 96-1246, eff. 1-1-11 .)
| ||||||
15 | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
17 | Sec. 1-10. Display. Every holder of a
license shall display | ||||||
18 | it in a place in the
holder's principal office, place of | ||||||
19 | business or place of employment.
Whenever a licensed | ||||||
20 | cosmetologist, esthetician, nail
technician, hair braider, or | ||||||
21 | barber practices cosmetology, esthetics, nail technology, hair | ||||||
22 | braiding, or
barbering outside of or away from the | ||||||
23 | cosmetologist's, esthetician's, nail
technician's, hair | ||||||
24 | braider's, or barber's principal office, place of business, or | ||||||
25 | place of
employment, the cosmetologist, esthetician, nail |
| |||||||
| |||||||
1 | technician, hair braider, or barber shall
provide any person so | ||||||
2 | requesting proof that he or she has a valid license issued by | ||||||
3 | the Department.
| ||||||
4 | Every registered shop shall display its certificate of | ||||||
5 | registration at the
location of the shop. Each shop where | ||||||
6 | barber, cosmetology, esthetics, hair braiding, or nail
| ||||||
7 | technology services are provided shall have a certificate of | ||||||
8 | registration.
| ||||||
9 | (Source: P.A. 99-427, eff. 8-21-15.)
| ||||||
10 | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 1-11. Exceptions to Act.
| ||||||
13 | (a) Nothing in this Act shall be construed to apply to the | ||||||
14 | educational
activities conducted in connection with any | ||||||
15 | monthly, annual or other
special educational program of any | ||||||
16 | bona fide association of licensed
cosmetologists, | ||||||
17 | estheticians, nail technicians, hair braiders, or barbers, or
| ||||||
18 | licensed cosmetology, esthetics, nail technology, hair | ||||||
19 | braiding, or barber
schools from which the general public is | ||||||
20 | excluded.
| ||||||
21 | (b) Nothing in this Act shall be construed to apply to the | ||||||
22 | activities
and services of registered nurses or licensed | ||||||
23 | practical nurses, as defined in
the Nurse Practice Act, or to | ||||||
24 | personal care or health
care services
provided by individuals | ||||||
25 | in the performance of their duties as employed or
authorized by |
| |||||||
| |||||||
1 | facilities or programs licensed or certified by State agencies.
| ||||||
2 | As used in this subsection (b), "personal care" means | ||||||
3 | assistance with meals,
dressing, movement, bathing, or other | ||||||
4 | personal needs or maintenance or general
supervision and | ||||||
5 | oversight of the physical and mental well-being of an
| ||||||
6 | individual who is incapable of maintaining a private,
| ||||||
7 | independent residence or who is incapable of managing his or | ||||||
8 | her person whether
or not a guardian has been appointed for | ||||||
9 | that individual.
The definition of "personal care" as used in | ||||||
10 | this subsection (b) shall not
otherwise be construed to negate | ||||||
11 | the requirements of this Act or its rules.
| ||||||
12 | (c) Nothing in this Act shall be deemed to require | ||||||
13 | licensure of
individuals employed by the motion picture, film, | ||||||
14 | television, stage play or
related industry for the purpose of | ||||||
15 | providing cosmetology or esthetics
services to actors of that | ||||||
16 | industry while engaged in the practice of
cosmetology or | ||||||
17 | esthetics as a part of that person's employment. | ||||||
18 | (d) Nothing in this Act shall be deemed to require | ||||||
19 | licensure of an inmate of the Department of Corrections who | ||||||
20 | performs barbering or cosmetology with the approval of the | ||||||
21 | Department of Corrections during the person's incarceration.
| ||||||
22 | (Source: P.A. 99-427, eff. 8-21-15.)
| ||||||
23 | (225 ILCS 410/3-1) (from Ch. 111, par. 1703-1)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
25 | Sec. 3-1. Cosmetology defined. Any one or any combination |
| |||||||
| |||||||
1 | of the
following practices constitutes the practice of | ||||||
2 | cosmetology when done for
cosmetic or beautifying purposes and | ||||||
3 | not for the treatment of disease or of
muscular or nervous | ||||||
4 | disorder: arranging, braiding, dressing, cutting,
trimming,
| ||||||
5 | curling, waving, chemical restructuring, shaping, singeing, | ||||||
6 | bleaching,
coloring or similar work, upon the hair of the head | ||||||
7 | or any cranial prosthesis; cutting or trimming
facial hair of | ||||||
8 | any person; any practice of
manicuring, pedicuring, decorating | ||||||
9 | nails, applying sculptured nails or
otherwise artificial nails | ||||||
10 | by hand or with mechanical or electrical
apparatus or | ||||||
11 | appliances, or in any way caring for the nails or the skin of
| ||||||
12 | the hands or feet including massaging the hands, arms, elbows, | ||||||
13 | feet, lower
legs, and knees of another
person for other than | ||||||
14 | the treatment of medical disorders; any practice of epilation | ||||||
15 | or
depilation of any person; any practice for the purpose of | ||||||
16 | cleansing,
massaging or toning the skin of the scalp; | ||||||
17 | beautifying, massaging,
cleansing, exfoliating, or stimulating
| ||||||
18 | the stratum corneum of the epidermis by the use of cosmetic
| ||||||
19 | preparations, body treatments, body wraps, the use of
| ||||||
20 | hydrotherapy, or any device,
electrical, mechanical, or | ||||||
21 | otherwise; applying make-up or
eyelashes to any person or | ||||||
22 | lightening or coloring hair
on the body and removing | ||||||
23 | superfluous hair from the body of any person by
the use of | ||||||
24 | depilatories, waxing, threading, or tweezers. The term | ||||||
25 | "cosmetology" does
not include the services provided by an | ||||||
26 | electrologist. Nail technology is
the practice and the study of |
| |||||||
| |||||||
1 | cosmetology only to the
extent of manicuring, pedicuring, | ||||||
2 | decorating, and applying sculptured or
otherwise artificial | ||||||
3 | nails, or in any way caring for the nail or the skin of
the | ||||||
4 | hands or feet including massaging the hands, arms, elbows, | ||||||
5 | feet, lower
legs,
and knees.
Cosmetologists are prohibited from | ||||||
6 | using any technique, product, or practice intended to affect | ||||||
7 | the living layers of the skin. The term cosmetology includes
| ||||||
8 | rendering advice on what is cosmetically appealing, but no | ||||||
9 | person licensed
under this Act shall render advice on what is | ||||||
10 | appropriate medical treatment
for diseases of the skin. | ||||||
11 | Purveyors of cosmetics may demonstrate such cosmetic
products | ||||||
12 | in conjunction with any sales promotion and shall not be
| ||||||
13 | required to hold a license under this Act.
Nothing in this Act | ||||||
14 | shall be construed to prohibit the shampooing of hair
by | ||||||
15 | persons employed for that purpose and who perform that task
| ||||||
16 | under the direct supervision of a licensed cosmetologist or | ||||||
17 | licensed
cosmetology teacher. Nothing in this Act shall be | ||||||
18 | construed to prohibit hair braiding by a person who only | ||||||
19 | provides hair braiding services and does not provide any other | ||||||
20 | services defined as cosmetology under this Act.
| ||||||
21 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
22 | (225 ILCS 410/Art. IIIB heading) | ||||||
23 | ARTICLE IIIB. BARBER, COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| ||||||
24 | AND NAIL TECHNOLOGY SCHOOLS
| ||||||
25 | (Source: P.A. 98-911, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
3 | Sec. 3B-1. Application. The provisions of this Article are | ||||||
4 | applicable
only to barber, cosmetology, esthetics, hair | ||||||
5 | braiding, and nail technology schools
regulated under this Act.
| ||||||
6 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
7 | (225 ILCS 410/3B-10)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
9 | Sec. 3B-10. Requisites for ownership or operation of | ||||||
10 | school. No person,
firm, or corporation may own, operate, or | ||||||
11 | conduct a school of barbering, cosmetology,
esthetics, hair | ||||||
12 | braiding, or nail technology for the purpose of teaching | ||||||
13 | barbering, cosmetology,
esthetics, hair braiding, or nail | ||||||
14 | technology for compensation unless licensed by the Department. | ||||||
15 | A licensed school is a postsecondary educational institution | ||||||
16 | authorized by the Department to provide a postsecondary | ||||||
17 | education program in compliance with the requirements of this | ||||||
18 | Act. An applicant shall apply to the Department on forms
| ||||||
19 | provided by the Department, pay the required fees, and comply | ||||||
20 | with the
following requirements:
| ||||||
21 | 1. The applicant must submit to the Department for | ||||||
22 | approval:
| ||||||
23 | a. A floor plan, drawn to a scale specified on the | ||||||
24 | floor plan,
showing every detail of the proposed |
| |||||||
| |||||||
1 | school; and
| ||||||
2 | b. A lease commitment or proof of ownership for the | ||||||
3 | location of the
proposed school; a lease commitment | ||||||
4 | must provide for execution of the lease
upon the | ||||||
5 | Department's approval of the school's application and | ||||||
6 | the lease must
be for a period of at least one year.
| ||||||
7 | c. (Blank).
| ||||||
8 | 2. An application to own or operate a school shall | ||||||
9 | include the following:
| ||||||
10 | a. If the owner is a corporation, a copy of the | ||||||
11 | Articles of
Incorporation or, if the owner is a limited | ||||||
12 | liability company, a copy of the articles of | ||||||
13 | organization;
| ||||||
14 | b. If the owner is a partnership, a listing of all | ||||||
15 | partners and their
current addresses;
| ||||||
16 | c. If the applicant is an owner, a completed | ||||||
17 | financial statement showing
the owner's ability to | ||||||
18 | operate the school for at least 3 months;
| ||||||
19 | d. A copy of the official enrollment agreement or | ||||||
20 | student contract to be
used by the school, which shall | ||||||
21 | be consistent with the requirements of
this Act and | ||||||
22 | rules;
| ||||||
23 | e. A listing of all teachers who will be in the | ||||||
24 | school's employ,
including their teacher license | ||||||
25 | numbers;
| ||||||
26 | f. A copy of the curricula that will be followed;
|
| |||||||
| |||||||
1 | g. The names, addresses, and current status of all | ||||||
2 | schools in which the
applicant has previously owned any | ||||||
3 | interest, and a declaration as to whether
any of these | ||||||
4 | schools were ever denied accreditation or licensing or | ||||||
5 | lost
accreditation or licensing from any governmental | ||||||
6 | body or accrediting agency;
| ||||||
7 | h. Each application for a certificate of approval | ||||||
8 | shall be signed and
certified under oath by the | ||||||
9 | school's chief managing employee and also by
its | ||||||
10 | individual owner or owners; if the applicant is a | ||||||
11 | partnership or a
corporation, then the application | ||||||
12 | shall be signed and certified under oath by
the | ||||||
13 | school's chief managing employee and also by each | ||||||
14 | member of the partnership
or each officer of the | ||||||
15 | corporation, as the case may be;
| ||||||
16 | i. A copy of the school's official transcript; and
| ||||||
17 | j. The required fee.
| ||||||
18 | 3. Each application for a license to operate a
school | ||||||
19 | shall also contain the following commitments:
| ||||||
20 | a. To conduct the school in accordance with this | ||||||
21 | Act and the standards,
and rules from time to time | ||||||
22 | adopted under this Act and to meet standards and
| ||||||
23 | requirements at least as stringent as those required by | ||||||
24 | Part H of the Federal
Higher Education Act of 1965.
| ||||||
25 | b. To permit the Department to inspect the school | ||||||
26 | or classes thereof
from time to time with or without |
| |||||||
| |||||||
1 | notice; and to make available to the
Department, at any | ||||||
2 | time when required to do so, information including
| ||||||
3 | financial information pertaining to the activities of | ||||||
4 | the school required
for the administration of this Act | ||||||
5 | and the standards and rules adopted under
this Act;
| ||||||
6 | c. To utilize only advertising and solicitation | ||||||
7 | which is free from
misrepresentation, deception, | ||||||
8 | fraud, or other misleading or unfair trade
practices;
| ||||||
9 | d. To screen applicants to the school prior to | ||||||
10 | enrollment pursuant to
the requirements of the | ||||||
11 | school's regional or national accrediting agency,
if | ||||||
12 | any, and to maintain any and all records of such | ||||||
13 | screening. If the
course of instruction is offered in a | ||||||
14 | language other than English, the
screening shall also | ||||||
15 | be performed in that language;
| ||||||
16 | e. To post in a conspicuous place a statement, | ||||||
17 | developed by the
Department, of student's rights | ||||||
18 | provided under this Act.
| ||||||
19 | 4. The applicant shall establish to the satisfaction of | ||||||
20 | the Department
that the owner possesses sufficient liquid | ||||||
21 | assets to meet the prospective
expenses of the school for a | ||||||
22 | period of 3 months. In the discretion of
the Department, | ||||||
23 | additional proof of financial ability may be required.
| ||||||
24 | 5. The applicant shall comply with all rules of the | ||||||
25 | Department determining
the necessary curriculum and | ||||||
26 | equipment required for the conduct of the school.
|
| |||||||
| |||||||
1 | 6. The applicant must demonstrate employment of a | ||||||
2 | sufficient number of
qualified teachers who are holders of | ||||||
3 | a current license issued by the
Department.
| ||||||
4 | 7.
A final inspection of the barber, cosmetology, | ||||||
5 | esthetics, hair braiding, or nail technology school shall | ||||||
6 | be
made by the Department before the school may commence | ||||||
7 | classes.
| ||||||
8 | 8. A written inspection report must be made by the | ||||||
9 | State Fire Marshal or a local fire authority approving the | ||||||
10 | use of the proposed premises as a barber, cosmetology, | ||||||
11 | esthetics, hair braiding, or nail technology school.
| ||||||
12 | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, | ||||||
13 | eff. 8-21-15.)
| ||||||
14 | (225 ILCS 410/3B-11)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
16 | Sec. 3B-11. Periodic review of barber, cosmetology, | ||||||
17 | esthetics, hair braiding, and nail technology
schools. All | ||||||
18 | approved schools
and courses of instruction are subject to | ||||||
19 | review by the Department. The review shall include | ||||||
20 | consideration of
a comparison between the graduation or | ||||||
21 | completion rate for the school and the
graduation or completion | ||||||
22 | rate for the schools within that classification of
schools. | ||||||
23 | Consideration shall be given to complaints and information | ||||||
24 | forwarded
to the Department by the Federal Trade Commission, | ||||||
25 | Better Business Bureaus, the
Illinois Attorney General's |
| |||||||
| |||||||
1 | Office, a State's Attorney's Office,
other State or official | ||||||
2 | approval agencies, local school officials, and
interested | ||||||
3 | persons. The Department shall investigate all complaints
filed | ||||||
4 | with the Department about a school or its sales | ||||||
5 | representatives.
| ||||||
6 | A school shall retain
the records, as defined by rule, of a | ||||||
7 | student
who withdraws from or drops out of the school, by | ||||||
8 | written notice of
cancellation or otherwise, for any period | ||||||
9 | longer than 7 years from the
student's first day of attendance. | ||||||
10 | However, a school shall retain indefinitely
the transcript of | ||||||
11 | each student who completes the program and
graduates from the | ||||||
12 | school.
| ||||||
13 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
| ||||||
14 | (225 ILCS 410/3B-12)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
16 | Sec. 3B-12. Enrollment agreements.
| ||||||
17 | (a) Enrollment agreements shall be used by barber, | ||||||
18 | cosmetology, esthetics, hair braiding, and nail
technology | ||||||
19 | schools licensed to operate by the Department and shall include | ||||||
20 | the
following written disclosures:
| ||||||
21 | (1) The name and address of the school and the | ||||||
22 | addresses where instruction
will be given;
| ||||||
23 | (2) The name and description of the course of | ||||||
24 | instruction, including the
number
of clock hours in each | ||||||
25 | course and an approximate number of weeks or months
|
| |||||||
| |||||||
1 | required for completion;
| ||||||
2 | (3) The scheduled starting date and calculated | ||||||
3 | completion date;
| ||||||
4 | (4) The total cost of the course of instruction | ||||||
5 | including any charges made
by the school for tuition, | ||||||
6 | books, materials, supplies, and other expenses;
| ||||||
7 | (5) A clear and conspicuous statement that the contract | ||||||
8 | is a legally
binding instrument when signed by the student | ||||||
9 | and accepted by the school;
| ||||||
10 | (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | ||||||
11 | CANCEL" under which
it is explained that the student has | ||||||
12 | the right to cancel the initial enrollment
agreement until | ||||||
13 | midnight of the fifth business day after the student has | ||||||
14 | been
enrolled; and if notice of the right to cancel is not | ||||||
15 | given to any prospective
student at the time the enrollment | ||||||
16 | agreement is signed, then the student has
the right to | ||||||
17 | cancel the agreement at any time and receive a refund of | ||||||
18 | all
monies paid to date within 10 days of cancellation;
| ||||||
19 | (7) A notice to the students that the cancellation must | ||||||
20 | be in writing and
given to the registered agent, if any, or | ||||||
21 | managing employee of the school;
| ||||||
22 | (8) The school's refund policy for unearned tuition, | ||||||
23 | fees, and other
charges;
| ||||||
24 | (9) The date of the student's signature and the date of | ||||||
25 | the student's
admission;
| ||||||
26 | (10) The name of the school employee or agent |
| |||||||
| |||||||
1 | responsible for procuring,
soliciting, or enrolling the | ||||||
2 | student;
| ||||||
3 | (11) A clear statement that the institution does not | ||||||
4 | guarantee employment
and a statement describing the | ||||||
5 | school's placement assistance procedures;
| ||||||
6 | (12) The graduation requirements of the school;
| ||||||
7 | (13) The contents of the following notice, in at least | ||||||
8 | 10 point bold type:
| ||||||
9 | "NOTICE TO THE STUDENT"
| ||||||
10 | "Do not sign this contract before you read it or if it | ||||||
11 | contains
any blank space.
You are entitled to an exact copy | ||||||
12 | of the contract you sign."
| ||||||
13 | (14) A statement either in the enrollment agreement or | ||||||
14 | separately provided
and
acknowledged by the student | ||||||
15 | indicating the number of students who did not
complete the | ||||||
16 | course of instruction for which they enrolled for the past
| ||||||
17 | calendar year as compared to the number of students who | ||||||
18 | enrolled in school
during the school's past calendar year;
| ||||||
19 | (15) The following clear and conspicuous caption: | ||||||
20 | "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | ||||||
21 | DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION", set | ||||||
22 | forth with the address and telephone number of the
| ||||||
23 | Department's Complaint Intake Unit.
| ||||||
24 | (b) If the enrollment is negotiated orally in a language | ||||||
25 | other than English,
then copies
of the above disclosures shall | ||||||
26 | be tendered in the language in which the
contract was |
| |||||||
| |||||||
1 | negotiated prior to executing the enrollment agreement.
| ||||||
2 | (c) The school shall comply with all applicable | ||||||
3 | requirements of the Retail
Installment Sales Act in its | ||||||
4 | enrollment agreement or student contracts.
| ||||||
5 | (d) No enrollment agreement or student contract shall | ||||||
6 | contain a wage
assignment provision or a confession of judgment | ||||||
7 | clause.
| ||||||
8 | (e) Any provision in an enrollment agreement or student | ||||||
9 | contract that
purports
to waive the student's right to assert | ||||||
10 | against the school, or any assignee, any
claim or defense he or | ||||||
11 | she may have against the school arising under the
contract | ||||||
12 | shall be void.
| ||||||
13 | (f) Two copies of the enrollment agreement shall be signed | ||||||
14 | by the
student. One copy shall be given to the student and the | ||||||
15 | school shall retain
the other copy as part of the student's | ||||||
16 | permanent record.
| ||||||
17 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
| ||||||
18 | (225 ILCS 410/3B-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
20 | Sec. 3B-15. Grounds for disciplinary action. In addition to | ||||||
21 | any
other cause herein set forth the Department may refuse to | ||||||
22 | issue or renew and
may suspend, place on probation, or revoke | ||||||
23 | any license to operate a school, or
take any other disciplinary | ||||||
24 | or non-disciplinary action that the Department may deem proper, | ||||||
25 | including the
imposition of fines not to exceed $5,000 for each |
| |||||||
| |||||||
1 | violation, for any
one or any combination of the following | ||||||
2 | causes:
| ||||||
3 | (1) Repeated violation of any provision of this Act or | ||||||
4 | any standard or rule
established under this Act.
| ||||||
5 | (2) Knowingly furnishing false, misleading, or | ||||||
6 | incomplete information to the
Department or failure to | ||||||
7 | furnish information requested by the Department.
| ||||||
8 | (3) Violation of any commitment made in an application | ||||||
9 | for a license,
including failure to maintain standards that | ||||||
10 | are the same as, or substantially
equivalent to, those | ||||||
11 | represented in the school's applications
and
advertising.
| ||||||
12 | (4) Presenting to prospective students information | ||||||
13 | relating to the school,
or to employment opportunities or | ||||||
14 | opportunities for enrollment in institutions
of higher | ||||||
15 | learning after entering into or completing courses offered | ||||||
16 | by the
school, that is false, misleading, or
fraudulent.
| ||||||
17 | (5) Failure to provide premises or equipment or to | ||||||
18 | maintain them in a safe
and sanitary condition as required | ||||||
19 | by law.
| ||||||
20 | (6) Failure to maintain financial resources adequate | ||||||
21 | for the satisfactory
conduct of the courses of instruction | ||||||
22 | offered or to retain a sufficient and
qualified | ||||||
23 | instructional and administrative staff.
| ||||||
24 | (7) Refusal to admit applicants on account of race, | ||||||
25 | color, creed, sex,
physical or mental disability unrelated | ||||||
26 | to ability, religion, or national
origin.
|
| |||||||
| |||||||
1 | (8) Paying a commission or valuable consideration to | ||||||
2 | any person for acts or
services performed in violation of | ||||||
3 | this Act.
| ||||||
4 | (9) Attempting to confer a fraudulent degree, diploma, | ||||||
5 | or certificate upon a
student.
| ||||||
6 | (10) Failure to correct any deficiency or act of | ||||||
7 | noncompliance under this
Act or the standards and rules | ||||||
8 | established under this Act within reasonable
time limits | ||||||
9 | set by the Department.
| ||||||
10 | (11)
Conduct of business or instructional services | ||||||
11 | other than at locations
approved by the Department.
| ||||||
12 | (12) Failure to make all of the disclosures or making | ||||||
13 | inaccurate disclosures
to the Department or in the | ||||||
14 | enrollment agreement as required under this Act.
| ||||||
15 | (13) Failure to make appropriate refunds as required by | ||||||
16 | this Act.
| ||||||
17 | (14) Denial, loss, or withdrawal of accreditation by | ||||||
18 | any
accrediting agency.
| ||||||
19 | (15) During any
calendar year, having a failure rate of | ||||||
20 | 25% or greater for
those of its students who for the first | ||||||
21 | time take the
examination authorized by
the Department to | ||||||
22 | determine fitness to receive a license as a barber, barber | ||||||
23 | teacher, cosmetologist,
cosmetology teacher, esthetician, | ||||||
24 | esthetician
teacher, hair braider, hair braiding teacher, | ||||||
25 | nail technician, or nail
technology teacher, provided that | ||||||
26 | a
student who transfers into the school having completed |
| |||||||
| |||||||
1 | 50% or more of the required program and who
takes the | ||||||
2 | examination during that calendar year shall not be counted | ||||||
3 | for
purposes of determining the school's failure rate on an
| ||||||
4 | examination, without
regard to whether that transfer | ||||||
5 | student passes or fails the examination.
| ||||||
6 | (16) Failure to maintain a written record indicating | ||||||
7 | the funds
received per student and funds paid out per | ||||||
8 | student. Such records shall be
maintained for a minimum of | ||||||
9 | 7 years and shall be made available to the
Department upon | ||||||
10 | request. Such records shall identify the funding source and
| ||||||
11 | amount for any student who has enrolled as well as any | ||||||
12 | other item set forth by
rule.
| ||||||
13 | (17) Failure to maintain a copy of the student record | ||||||
14 | as defined by rule.
| ||||||
15 | (Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15 .)
| ||||||
16 | (225 ILCS 410/3B-16) | ||||||
17 | (Section scheduled to be repealed on January 1, 2026) | ||||||
18 | Sec. 3B-16. Department of Corrections.
The Secretary may | ||||||
19 | waive any requirement of this Act or of the rules enacted by | ||||||
20 | the Department pursuant to this Act pertaining to the operation | ||||||
21 | of a barber, cosmetology, esthetics, hair braiding, or nail | ||||||
22 | technology school owned or operated by the Department of | ||||||
23 | Corrections and located in a correctional facility to educate | ||||||
24 | inmates that is inconsistent with the mission or operations of | ||||||
25 | the Department of Corrections or is detrimental to the safety |
| |||||||
| |||||||
1 | and security of any correctional facility. Nothing in this | ||||||
2 | Section 3B-16 exempts the Department of Corrections from the | ||||||
3 | necessity of licensure.
| ||||||
4 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
5 | (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
7 | Sec. 3C-8. License renewal; expiration; continuing | ||||||
8 | education;
persons in military service. The holder of a license
| ||||||
9 | issued under this Article may renew that license during the
| ||||||
10 | month preceding the expiration date of the license by
paying | ||||||
11 | the required fee and giving evidence, as the Department may | ||||||
12 | prescribe,
of completing not
less than 10 hours of continuing | ||||||
13 | education for a nail technician
and 20 hours of continuing | ||||||
14 | education for a nail technology teacher, within
the 2 years | ||||||
15 | prior
to renewal. The continuing education shall be in subjects | ||||||
16 | approved by the
Department upon recommendation of the Barber, | ||||||
17 | Cosmetology, Esthetics, Hair Braiding, and
Nail Technology | ||||||
18 | Board relating to the practice of nail technology,
including, | ||||||
19 | but not limited to, review of sanitary procedures, review of
| ||||||
20 | chemical service procedures, review of this Act, and review of | ||||||
21 | the Workers'
Compensation Act. However, at least 10 of the | ||||||
22 | hours of continuing education
required for a nail technology | ||||||
23 | teacher
shall be in subjects relating to
teaching methodology, | ||||||
24 | educational psychology, and classroom management or in
other | ||||||
25 | subjects related to teaching. |
| |||||||
| |||||||
1 | For the initial renewal of a nail technician's license | ||||||
2 | which requires continuing education, as prescribed by rule, one | ||||||
3 | hour of the continuing education shall include domestic | ||||||
4 | violence and sexual assault awareness education as prescribed | ||||||
5 | by rule of the Department. For every subsequent renewal of a | ||||||
6 | nail technician's license, one hour of the continuing education | ||||||
7 | may include domestic violence and sexual assault awareness | ||||||
8 | education as prescribed by rule of the Department. The one-hour | ||||||
9 | domestic violence and sexual assault awareness continuing | ||||||
10 | education course shall be provided by a continuing education | ||||||
11 | provider approved by the Department, except that completion | ||||||
12 | from March 12, 2016 to March 15, 2016 of a one-hour domestic | ||||||
13 | violence and sexual assault awareness course from a domestic | ||||||
14 | violence and sexual assault awareness organization shall | ||||||
15 | satisfy this requirement.
| ||||||
16 | The Department may prescribe rules regarding the | ||||||
17 | requirements for domestic violence and sexual assault | ||||||
18 | awareness continuing education courses and teachers. | ||||||
19 | The Department, in its discretion, may waive enforcement of | ||||||
20 | the continuing
education requirement in this Section, | ||||||
21 | including the domestic violence and sexual assault awareness | ||||||
22 | education requirement, and shall adopt rules defining the
| ||||||
23 | standards and criteria for such waiver, under the following | ||||||
24 | circumstances:
| ||||||
25 | (a) the licensee resides in a locality where it is | ||||||
26 | demonstrated that the
absence of opportunities for such |
| |||||||
| |||||||
1 | education would interfere with the ability of
the licensee | ||||||
2 | to provide service to the public;
| ||||||
3 | (b) the licensee's compliance with the continuing | ||||||
4 | education requirements
would cause a substantial financial | ||||||
5 | hardship on the licensee;
| ||||||
6 | (c) the licensee is serving in the United States Armed | ||||||
7 | Forces; or
| ||||||
8 | (d) the licensee is incapacitated due to illness.
| ||||||
9 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; | ||||||
10 | 99-766, eff. 1-1-17 .)
| ||||||
11 | (225 ILCS 410/Art. IIID heading) | ||||||
12 | ARTICLE IIID. COSMETOLOGY, ESTHETICS, HAIR BRAIDING,
| ||||||
13 | AND NAIL TECHNOLOGY SALONS AND BARBER SHOPS
| ||||||
14 | (Source: P.A. 96-1246, eff. 1-1-11.)
| ||||||
15 | (225 ILCS 410/3D-5)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
17 | Sec. 3D-5. Requisites for ownership or operation of | ||||||
18 | cosmetology,
esthetics, hair braiding, and nail technology | ||||||
19 | salons and barber shops. | ||||||
20 | (a) No person, firm, partnership, limited liability | ||||||
21 | company, or corporation
shall own or operate a cosmetology, | ||||||
22 | esthetics, hair braiding, or nail technology salon or
barber | ||||||
23 | shop or employ, rent space to, or independently contract with | ||||||
24 | any licensee under this Act without applying on forms provided |
| |||||||
| |||||||
1 | by the Department for a
certificate of registration.
| ||||||
2 | (b) The application for a certificate of registration under | ||||||
3 | this Section
shall
set forth the name, address, and telephone | ||||||
4 | number of the proposed cosmetology,
esthetics, hair braiding, | ||||||
5 | or nail technology salon or barber shop; the name, address, and
| ||||||
6 | telephone number of the person, firm, partnership, or | ||||||
7 | corporation that is to
own or operate the salon or shop; and, | ||||||
8 | if the salon or shop is to be owned or
operated by an entity | ||||||
9 | other than an individual, the name, address, and
telephone | ||||||
10 | number of the managing partner or the chief executive officer | ||||||
11 | of the
corporation or other entity that owns or operates the | ||||||
12 | salon or shop.
| ||||||
13 | (c) The Department shall be notified by the owner or | ||||||
14 | operator of a salon or
shop that is moved to a new location. If | ||||||
15 | there is a change in the ownership or
operation of a salon or | ||||||
16 | shop, the new owner or operator shall report that
change to the | ||||||
17 | Department along with completion of any additional | ||||||
18 | requirements
set forth by rule.
| ||||||
19 | (d) If a person, firm, partnership, limited liability | ||||||
20 | company, or
corporation owns or operates more than one shop or | ||||||
21 | salon, a separate
certificate of registration must be obtained | ||||||
22 | for each salon or shop.
| ||||||
23 | (e) A certificate of registration granted under this | ||||||
24 | Section may be revoked
in accordance with the provisions of | ||||||
25 | Article IV and the holder of the
certificate may be otherwise | ||||||
26 | disciplined by the Department in accordance with
rules adopted |
| |||||||
| |||||||
1 | under this Act.
| ||||||
2 | (f) The Department may promulgate rules to establish | ||||||
3 | additional
requirements for owning or operating a salon or | ||||||
4 | shop. | ||||||
5 | (g) The requirement of a certificate of registration as set | ||||||
6 | forth in this Section shall also apply to any person, firm, | ||||||
7 | partnership, limited liability company, or corporation | ||||||
8 | providing barbering, cosmetology, esthetics, hair braiding, or | ||||||
9 | nail technology services at any location not owned or rented by | ||||||
10 | such person, firm, partnership, limited liability company, or | ||||||
11 | corporation for these purposes or from a mobile shop or salon. | ||||||
12 | Notwithstanding any provision of this Section, applicants for a | ||||||
13 | certificate of registration under this subsection (g) shall | ||||||
14 | report in its application the address and telephone number of | ||||||
15 | its office and shall not be required to report the location | ||||||
16 | where services are or will be rendered. Nothing in this | ||||||
17 | subsection (g) shall apply to a sole proprietor who has no | ||||||
18 | employees or contractors and is not operating a mobile shop or | ||||||
19 | salon.
| ||||||
20 | (Source: P.A. 99-427, eff. 8-21-15.)
| ||||||
21 | (225 ILCS 410/4-1)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
23 | Sec. 4-1. Powers and duties of Department. The Department | ||||||
24 | shall
exercise, subject to the provisions of this Act, the | ||||||
25 | following functions,
powers and duties:
|
| |||||||
| |||||||
1 | (1) To cause to be conducted examinations to ascertain | ||||||
2 | the
qualifications and fitness of applicants for licensure | ||||||
3 | as
cosmetologists, estheticians, nail technicians, hair | ||||||
4 | braiders, or barbers and as
cosmetology, esthetics, nail | ||||||
5 | technology, hair braiding, or barber teachers.
| ||||||
6 | (2) To determine the qualifications for licensure as | ||||||
7 | (i) a
cosmetologist,
esthetician, nail technician, hair | ||||||
8 | braider, or barber, or (ii) a cosmetology, esthetics, nail
| ||||||
9 | technology, hair braiding, or barber teacher, or (iii) a | ||||||
10 | cosmetology
clinic teacher for persons currently holding | ||||||
11 | similar licenses
outside the State of
Illinois or the | ||||||
12 | continental U.S.
| ||||||
13 | (3) To prescribe rules for:
| ||||||
14 | (i) The method of examination of candidates for | ||||||
15 | licensure as a
cosmetologist, esthetician, nail | ||||||
16 | technician, hair braider, or barber or cosmetology,
| ||||||
17 | esthetics, nail technology, hair braiding, or barber | ||||||
18 | teacher.
| ||||||
19 | (ii) Minimum standards as to what constitutes an | ||||||
20 | approved
cosmetology, esthetics, nail technology, hair | ||||||
21 | braiding, or barber school.
| ||||||
22 | (4) To conduct investigations or hearings on | ||||||
23 | proceedings to
determine
disciplinary action.
| ||||||
24 | (5) To prescribe reasonable rules governing the | ||||||
25 | sanitary
regulation
and inspection of cosmetology, | ||||||
26 | esthetics, nail technology, hair braiding, or barber
|
| |||||||
| |||||||
1 | schools, salons, or shops.
| ||||||
2 | (6) To prescribe reasonable rules for the method of | ||||||
3 | renewal for each license
as a cosmetologist, esthetician, | ||||||
4 | nail technician, hair braider,
or barber or cosmetology, | ||||||
5 | esthetics, nail technology, hair braiding, or
barber | ||||||
6 | teacher or cosmetology clinic
teacher.
| ||||||
7 | (7) To prescribe reasonable rules for the method of
| ||||||
8 | registration, the
issuance, fees, renewal and discipline | ||||||
9 | of a certificate of registration for the
ownership or | ||||||
10 | operation of cosmetology, esthetics, hair braiding, and | ||||||
11 | nail technology salons
and barber shops.
| ||||||
12 | (8) To adopt rules concerning sanitation requirements, | ||||||
13 | requirements for education on sanitation, and any other | ||||||
14 | health concerns associated with threading. | ||||||
15 | (Source: P.A. 97-333, eff. 8-12-11; 98-911, eff. 1-1-15 .)
| ||||||
16 | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
18 | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | ||||||
19 | Braiding, and Nail Technology
Board. There is established | ||||||
20 | within the Department the Barber,
Cosmetology, Esthetics, Hair | ||||||
21 | Braiding, and Nail Technology Board, composed of 10 11
persons, | ||||||
22 | which shall serve in an advisory capacity to the Secretary
in | ||||||
23 | all matters related to the practice of barbering, cosmetology,
| ||||||
24 | esthetics, hair braiding, and nail technology.
| ||||||
25 | The 10 11 members of the Board shall be appointed as |
| |||||||
| |||||||
1 | follows: 6 licensed
cosmetologists, all of whom hold a
current | ||||||
2 | license as a cosmetologist or cosmetology teacher and, for | ||||||
3 | appointments
made
after the effective date of this amendatory | ||||||
4 | Act of 1996, at least
2 of whom shall be an owner of or a major | ||||||
5 | stockholder in a school
of cosmetology,
2 of whom shall be | ||||||
6 | representatives of either a franchiser or an owner operating | ||||||
7 | salons in 2 or more locations within the State, one of whom | ||||||
8 | shall be
an independent salon owner,
and no one of the
| ||||||
9 | cosmetologist members shall be a manufacturer, jobber, or | ||||||
10 | stockholder in a
factory of
cosmetology articles or an | ||||||
11 | immediate family member of any of the above; one of
whom shall | ||||||
12 | be a barber holding a current license; one member who shall be | ||||||
13 | a
licensed esthetician or esthetics teacher; one member who | ||||||
14 | shall be a licensed
nail technician or nail technology teacher; | ||||||
15 | one member who shall be a licensed hair braider or hair | ||||||
16 | braiding teacher; and one public member who holds no
licenses | ||||||
17 | issued by the Department. The Secretary shall give due | ||||||
18 | consideration for membership to
recommendations by members of | ||||||
19 | the professions and by their professional
organizations. | ||||||
20 | Members shall serve 4 year terms and until their successors
are | ||||||
21 | appointed and qualified. No member shall be reappointed to the | ||||||
22 | Board for more than 2
terms. Appointments to fill vacancies | ||||||
23 | shall be made in the same manner as
original appointments for | ||||||
24 | the unexpired portion of the vacated term. Members
of
the Board | ||||||
25 | in office on the effective date of this amendatory Act of
1996
| ||||||
26 | shall continue to serve for the duration of the terms to which |
| |||||||
| |||||||
1 | they have been
appointed, but beginning on that effective date | ||||||
2 | all appointments of licensed
cosmetologists and barbers to | ||||||
3 | serve as members of the Board shall be made
in a manner that | ||||||
4 | will effect at the earliest possible date the changes made by
| ||||||
5 | this amendatory Act of 1996 in the representative composition | ||||||
6 | of
the
Board.
| ||||||
7 | For the initial appointment of a member who shall be a hair | ||||||
8 | braider or hair braiding teacher to the Board, such individual | ||||||
9 | shall not be required to possess a license at the time of | ||||||
10 | appointment, but shall have at least 5 years active practice in | ||||||
11 | the field of hair braiding and shall obtain a license as a hair | ||||||
12 | braider or a hair braiding teacher within 18 months after | ||||||
13 | appointment to the Board. | ||||||
14 | Six members of the Board shall constitute a quorum. A
| ||||||
15 | majority is required for Board decisions.
| ||||||
16 | The Board shall elect a chairperson and a vice chairperson | ||||||
17 | annually. | ||||||
18 | Board members are not liable for their acts, omissions, | ||||||
19 | decisions, or other conduct in connection with their duties on | ||||||
20 | the Board, except those determined to be willful, wanton, or | ||||||
21 | intentional misconduct.
| ||||||
22 | (Source: P.A. 99-427, eff. 8-21-15.)
| ||||||
23 | (225 ILCS 410/4-4) (from Ch. 111, par. 1704-4)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
25 | Sec. 4-4. Issuance of license. Whenever the provisions
of |
| |||||||
| |||||||
1 | this Act have been complied with, the Department shall issue a | ||||||
2 | license as a
cosmetologist, esthetician,
nail technician, hair | ||||||
3 | braider, or barber, a license as
a cosmetology, esthetics, nail | ||||||
4 | technology, hair braiding, or barber teacher,
or a license as a | ||||||
5 | cosmetology clinic teacher
as the case may be.
| ||||||
6 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
7 | (225 ILCS 410/4-6.1) | ||||||
8 | Sec. 4-6.1. Applicant convictions. | ||||||
9 | (a) When reviewing a conviction by plea of guilty or nolo | ||||||
10 | contendere, finding of guilt, jury verdict, or entry of | ||||||
11 | judgment or by sentencing of an initial applicant, the | ||||||
12 | Department may only deny a license based upon consideration of | ||||||
13 | mitigating factors provided in subsection (c) of this Section | ||||||
14 | for a felony directly related to the practice of cosmetology, | ||||||
15 | esthetics, hair braiding, nail technology, and barbering. | ||||||
16 | (b) The following crimes or similar offenses in any other | ||||||
17 | jurisdiction are hereby deemed directly related to the practice | ||||||
18 | of cosmetology, esthetics, hair braiding, nail technology, and | ||||||
19 | barbering: | ||||||
20 | (1) first degree murder; | ||||||
21 | (2) second degree murder; | ||||||
22 | (3) drug induced homicide; | ||||||
23 | (4) unlawful restraint; | ||||||
24 | (5) aggravated unlawful restraint; | ||||||
25 | (6) forcible detention; |
| |||||||
| |||||||
1 | (7) involuntary servitude; | ||||||
2 | (8) involuntary sexual servitude of a minor; | ||||||
3 | (9) predatory criminal sexual assault of a child; | ||||||
4 | (10) aggravated criminal sexual assault; | ||||||
5 | (11) criminal sexual assault; | ||||||
6 | (12) criminal sexual abuse; | ||||||
7 | (13) aggravated kidnaping; | ||||||
8 | (14) aggravated robbery; | ||||||
9 | (15) armed robbery; | ||||||
10 | (16) kidnapping; | ||||||
11 | (17) aggravated battery; | ||||||
12 | (18) aggravated vehicular hijacking; | ||||||
13 | (19) terrorism; | ||||||
14 | (20) causing a catastrophe; | ||||||
15 | (21) possession of a deadly substance; | ||||||
16 | (22) making a terrorist threat; | ||||||
17 | (23) material support for terrorism; | ||||||
18 | (24) hindering prosecution of terrorism; | ||||||
19 | (25) armed violence; | ||||||
20 | (26) any felony based on consumer fraud or deceptive | ||||||
21 | business practices under the Consumer Fraud and Deceptive | ||||||
22 | Business Practices Act; | ||||||
23 | (27) any felony requiring registration as a sex | ||||||
24 | offender under the Sex Offender Registration Act; | ||||||
25 | (28) attempt of any the offenses set forth in | ||||||
26 | paragraphs (1) through (27) of this subsection (b); and |
| |||||||
| |||||||
1 | (29) convictions set forth in Section 4-20 of this Act. | ||||||
2 | (c) The Department shall consider any mitigating factors | ||||||
3 | contained in the record, when determining the appropriate | ||||||
4 | disciplinary sanction, if any, to be imposed. In addition to | ||||||
5 | those set forth in Section 2105-130 of the Department of | ||||||
6 | Professional Regulation Law of the Civil Administrative Code of | ||||||
7 | Illinois, mitigating factors shall include the following: | ||||||
8 | (1) the bearing, if any, the criminal offense or | ||||||
9 | offenses for which the person was previously convicted will | ||||||
10 | have on his or her fitness or ability to perform one or | ||||||
11 | more such duties and responsibilities; | ||||||
12 | (2) the time that has elapsed since the criminal | ||||||
13 | conviction; and | ||||||
14 | (3) the age of the person at the time of the criminal | ||||||
15 | conviction. | ||||||
16 | (d) The Department shall issue an annual report by January | ||||||
17 | 31, 2018 and by January 31 each year thereafter, indicating the | ||||||
18 | following: | ||||||
19 | (1) the number of initial applicants for a license | ||||||
20 | under this Act within the preceding calendar year; | ||||||
21 | (2) the number of initial applicants for a license | ||||||
22 | under this Act within the previous calendar year who had a | ||||||
23 | conviction; | ||||||
24 | (3) the number of applicants with a conviction who were | ||||||
25 | granted a license under this Act within the previous year; | ||||||
26 | (4) the number of applicants denied a license under |
| |||||||
| |||||||
1 | this Act within the preceding calendar year; and | ||||||
2 | (5) the number of applicants denied a license under | ||||||
3 | this Act solely on the basis of a conviction within the | ||||||
4 | preceding calendar year. | ||||||
5 | (e) Nothing in this Section shall prevent the Department | ||||||
6 | taking disciplinary or non-disciplinary action against a | ||||||
7 | license as set forth in paragraph (2) of subsection (1) of | ||||||
8 | Section 4-7 of this Act.
| ||||||
9 | (Source: P.A. 99-876, eff. 1-1-17 .)
| ||||||
10 | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 4-7. Refusal, suspension and revocation of licenses; | ||||||
13 | causes;
disciplinary action. | ||||||
14 | (1) The Department may refuse to issue or renew, and
may | ||||||
15 | suspend, revoke, place on probation, reprimand or take any | ||||||
16 | other
disciplinary or non-disciplinary action as the | ||||||
17 | Department may deem proper, including civil
penalties not to | ||||||
18 | exceed $500 for each violation, with regard to any
license for | ||||||
19 | any one, or any combination, of
the
following causes:
| ||||||
20 | a. For licensees, conviction of any crime
under the | ||||||
21 | laws of the United States or any state or territory thereof | ||||||
22 | that
is (i) a felony, (ii) a misdemeanor, an essential | ||||||
23 | element
of which is dishonesty, or (iii) a crime which is | ||||||
24 | related to the practice of
the profession and, for initial | ||||||
25 | applicants, convictions set forth in Section 4-6.1 of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | b. Conviction of any of the violations listed in
| ||||||
3 | Section 4-20.
| ||||||
4 | c. Material misstatement in furnishing information to | ||||||
5 | the Department.
| ||||||
6 | d. Making any misrepresentation for the purpose of | ||||||
7 | obtaining
a license or violating any provision of this Act | ||||||
8 | or its rules.
| ||||||
9 | e. Aiding or assisting another person in violating any | ||||||
10 | provision of this
Act or its rules.
| ||||||
11 | f. Failing, within 60 days, to provide information in | ||||||
12 | response to a
written request made by the Department.
| ||||||
13 | g. Discipline by another state, territory, or country | ||||||
14 | if at least one of
the grounds for the discipline is the | ||||||
15 | same as or substantially equivalent to
those set forth in | ||||||
16 | this Act.
| ||||||
17 | h. Practice in the barber, nail technology, esthetics, | ||||||
18 | hair braiding, or
cosmetology profession, or an attempt to | ||||||
19 | practice in those professions, by
fraudulent | ||||||
20 | misrepresentation.
| ||||||
21 | i. Gross malpractice or gross incompetency.
| ||||||
22 | j. Continued practice by a person knowingly having an
| ||||||
23 | infectious
or contagious disease.
| ||||||
24 | k. Solicitation of professional services by using | ||||||
25 | false or
misleading advertising.
| ||||||
26 | l. A finding by the Department that the licensee, after |
| |||||||
| |||||||
1 | having his or
her license placed on probationary status, | ||||||
2 | has violated the terms of
probation.
| ||||||
3 | m. Directly or indirectly giving to or receiving from | ||||||
4 | any person, firm,
corporation, partnership or association | ||||||
5 | any fee, commission, rebate, or other
form of compensation | ||||||
6 | for any professional services not actually or personally
| ||||||
7 | rendered.
| ||||||
8 | n. Violating any of the provisions of this Act or rules | ||||||
9 | adopted
pursuant to this Act.
| ||||||
10 | o. Willfully making or filing false records or reports | ||||||
11 | relating to a
licensee's practice, including but not | ||||||
12 | limited to, false records filed with
State agencies or | ||||||
13 | departments.
| ||||||
14 | p. Habitual or excessive use
or addiction to alcohol, | ||||||
15 | narcotics, stimulants, or any other chemical agent or
drug | ||||||
16 | that results in the inability to practice with reasonable | ||||||
17 | judgment, skill
or safety.
| ||||||
18 | q. Engaging in dishonorable, unethical or | ||||||
19 | unprofessional conduct of a character likely to deceive,
| ||||||
20 | defraud, or harm the public as may be defined by rules of | ||||||
21 | the Department, or
violating
the rules of professional | ||||||
22 | conduct which may be adopted by the Department.
| ||||||
23 | r. Permitting any person to use for any unlawful or | ||||||
24 | fraudulent
purpose one's diploma or license or certificate | ||||||
25 | of registration as a
cosmetologist, nail technician, | ||||||
26 | esthetician, hair braider, or barber or cosmetology,
nail |
| |||||||
| |||||||
1 | technology, esthetics, hair braiding, or barber teacher or | ||||||
2 | salon or shop or
cosmetology clinic teacher.
| ||||||
3 | s. Being named as a perpetrator in an indicated report | ||||||
4 | by the Department
of Children and Family Services under the | ||||||
5 | Abused and Neglected Child Reporting
Act and upon proof by | ||||||
6 | clear and convincing evidence that the licensee has
caused | ||||||
7 | a child to be an abused child or neglected child as defined | ||||||
8 | in the
Abused and Neglected Child Reporting Act.
| ||||||
9 | t. Operating a salon or shop without a valid | ||||||
10 | registration. | ||||||
11 | u. Failure to complete required continuing education | ||||||
12 | hours. | ||||||
13 | (2) In rendering an order, the Secretary shall take into
| ||||||
14 | consideration the facts and circumstances involving the type of | ||||||
15 | acts
or omissions in paragraph (1) of this Section including, | ||||||
16 | but not limited to:
| ||||||
17 | (a) the extent to which public confidence in the | ||||||
18 | cosmetology, nail
technology, esthetics, hair braiding, or | ||||||
19 | barbering profession was, might have been, or may be,
| ||||||
20 | injured;
| ||||||
21 | (b) the degree of trust and dependence among the | ||||||
22 | involved parties;
| ||||||
23 | (c) the character and degree of harm which did result | ||||||
24 | or might
have resulted;
| ||||||
25 | (d) the intent or mental state of the licensee at the
| ||||||
26 | time of the acts or omissions.
|
| |||||||
| |||||||
1 | (3) The Department may reissue the license or registration | ||||||
2 | upon
certification by the Board that the disciplined licensee | ||||||
3 | or registrant
has complied with all of the terms and conditions | ||||||
4 | set forth in the final
order or has been sufficiently | ||||||
5 | rehabilitated to warrant the public trust.
| ||||||
6 | (4) The Department shall refuse to issue or renew or | ||||||
7 | suspend without hearing the license or
certificate of | ||||||
8 | registration
of any person who fails to file a return, or to | ||||||
9 | pay the tax, penalty or
interest shown in a filed return, or to | ||||||
10 | pay any final assessment of tax,
penalty or interest, as | ||||||
11 | required by any tax Act administered by the
Illinois Department | ||||||
12 | of Revenue, until such time as the requirements of any
such tax | ||||||
13 | Act are satisfied as determined by the Department of Revenue.
| ||||||
14 | (5) The Department shall deny without hearing any | ||||||
15 | application for a
license or renewal of a license under this | ||||||
16 | Act by a person who has defaulted on
an educational loan | ||||||
17 | guaranteed by the Illinois Student Assistance Commission;
| ||||||
18 | however, the Department may issue or renew a license if the | ||||||
19 | person in default
has established a satisfactory repayment | ||||||
20 | record as determined by the Illinois
Student Assistance | ||||||
21 | Commission.
| ||||||
22 | (6) All fines imposed under this Section shall be paid | ||||||
23 | within 60 days after the effective date of the order imposing | ||||||
24 | the fine or in accordance with the terms set forth in the order | ||||||
25 | imposing the fine. | ||||||
26 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15; |
| |||||||
| |||||||
1 | 99-876, eff. 1-1-17 .)
| ||||||
2 | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
4 | Sec. 4-9. Practice without a license or after suspension or | ||||||
5 | revocation
thereof. | ||||||
6 | (a) If any person violates the provisions of this Act, the | ||||||
7 | Secretary
may, in the name of the People of the State of | ||||||
8 | Illinois, through the
Attorney General of the State of | ||||||
9 | Illinois, petition, for an order
enjoining such violation or | ||||||
10 | for an order enforcing compliance with
this Act. Upon the | ||||||
11 | filing of a verified petition in such court, the
court may | ||||||
12 | issue a temporary restraining order, without notice or
bond, | ||||||
13 | and may preliminarily and permanently enjoin such violation,
| ||||||
14 | and if it is established that such person has violated or is
| ||||||
15 | violating the injunction, the Court may punish the offender for
| ||||||
16 | contempt of court. Proceedings under this Section shall be in
| ||||||
17 | addition to, and not in lieu of, all other remedies and | ||||||
18 | penalties
provided by this Act.
| ||||||
19 | (b) If any person shall practice as a barber, | ||||||
20 | cosmetologist, nail
technician, hair braider, or esthetician, | ||||||
21 | or teacher thereof or cosmetology clinic teacher or hold | ||||||
22 | himself or herself out as such
without being licensed under the | ||||||
23 | provisions of this Act, any
licensee, any interested party, or | ||||||
24 | any person injured thereby
may, in addition to the Secretary, | ||||||
25 | petition for relief as provided in subsection
(a) of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (c) Whenever in the opinion of the Department any person, | ||||||
3 | firm, corporation, or other legal entity has violated
any | ||||||
4 | provision of Section 1-7 or 3D-5 of this Act, the Department | ||||||
5 | may issue a rule to show
cause why an order to cease and desist | ||||||
6 | should not be entered against
that person, firm, corporation, | ||||||
7 | or legal entity. The rule shall clearly set forth the grounds | ||||||
8 | relied upon by
the Department and shall provide a period of 7 | ||||||
9 | days from the date of
the rule to file an answer to the | ||||||
10 | satisfaction of the Department.
Failure to answer to the | ||||||
11 | satisfaction of the Department shall cause
an order to cease | ||||||
12 | and desist to be issued immediately.
| ||||||
13 | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
| ||||||
14 | (225 ILCS 410/4-19) (from Ch. 111, par. 1704-19)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
16 | Sec. 4-19. Emergency suspension. The Secretary may | ||||||
17 | temporarily suspend
the license of a barber, cosmetologist, | ||||||
18 | nail technician, hair braider, esthetician or
teacher thereof | ||||||
19 | or of a cosmetology clinic
teacher without a hearing, | ||||||
20 | simultaneously with the institution of
proceedings for a | ||||||
21 | hearing provided for in Section 4-10 of this Act, if the | ||||||
22 | Secretary
finds that evidence in his possession indicates that | ||||||
23 | the
licensee's continuation in practice would constitute an
| ||||||
24 | imminent danger
to the public. In the event that the Secretary | ||||||
25 | suspends, temporarily, this
license without a hearing, a |
| |||||||
| |||||||
1 | hearing must be commenced within 30 days after
such suspension | ||||||
2 | has occurred.
| ||||||
3 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
4 | (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
6 | Sec. 4-20. Violations; penalties. Whoever violates any of | ||||||
7 | the following
shall, for the first offense, be guilty of a | ||||||
8 | Class B misdemeanor; for the
second offense, shall be guilty of | ||||||
9 | a Class A misdemeanor; and for all
subsequent offenses, shall | ||||||
10 | be guilty of a Class 4 felony and be fined not
less than $1,000 | ||||||
11 | or more than $5,000.
| ||||||
12 | (1) The practice of cosmetology, nail technology, | ||||||
13 | esthetics, hair braiding, or
barbering
or an attempt to | ||||||
14 | practice cosmetology, nail technology, esthetics, hair | ||||||
15 | braiding, or
barbering without a license as a
cosmetologist, | ||||||
16 | nail technician, esthetician, hair braider, or barber; or the | ||||||
17 | practice or attempt to practice as a
cosmetology, nail | ||||||
18 | technology, esthetics, hair braiding, or barber teacher | ||||||
19 | without a
license as a cosmetology, nail technology,
esthetics, | ||||||
20 | hair braiding, or barber teacher; or the practice or attempt to | ||||||
21 | practice as a cosmetology clinic teacher without a proper | ||||||
22 | license.
| ||||||
23 | (2) The obtaining of or an attempt to obtain a
license
or | ||||||
24 | money or any other thing of value by fraudulent | ||||||
25 | misrepresentation.
|
| |||||||
| |||||||
1 | (3) Practice in the barber, nail technology, cosmetology, | ||||||
2 | hair braiding, or
esthetic
profession, or an attempt to | ||||||
3 | practice in those professions, by fraudulent
| ||||||
4 | misrepresentation.
| ||||||
5 | (4) Wilfully making any false oath or affirmation whenever | ||||||
6 | an
oath
or affirmation is required by this Act.
| ||||||
7 | (5) The violation of any of the provisions of this Act.
| ||||||
8 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
9 | (225 ILCS 410/Art. IIIE rep.) | ||||||
10 | Section 75. The Barber, Cosmetology, Esthetics, Hair | ||||||
11 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
12 | repealing Article IIIE.
| ||||||
13 | (225 ILCS 430/Act rep.)
| ||||||
14 | Section 80. The Detection of Deception Examiners Act is | ||||||
15 | repealed.
| ||||||
16 | Section 85. The Real Estate License Act of 2000 is amended | ||||||
17 | by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
| ||||||
18 | (225 ILCS 454/1-10)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
21 | otherwise requires:
| ||||||
22 | "Act" means the Real Estate License Act of 2000.
|
| |||||||
| |||||||
1 | "Address of record" means the designated address recorded | ||||||
2 | by the Department in the applicant's or licensee's application | ||||||
3 | file or license file as maintained by the Department's | ||||||
4 | licensure maintenance unit. It is the duty of the applicant or | ||||||
5 | licensee to inform the Department of any change of address, and | ||||||
6 | those changes must be made either through the Department's | ||||||
7 | website or by contacting the Department. | ||||||
8 | "Advisory Council" means the Real Estate Education | ||||||
9 | Advisory Council created
under Section 30-10 of this Act.
| ||||||
10 | "Agency" means a relationship in which a broker or | ||||||
11 | licensee,
whether directly or through an affiliated licensee, | ||||||
12 | represents a consumer by
the consumer's consent, whether | ||||||
13 | express or implied, in a real property
transaction.
| ||||||
14 | "Applicant" means any person, as defined in this Section, | ||||||
15 | who applies to
the Department for a valid license as a managing | ||||||
16 | broker, broker, or
leasing agent.
| ||||||
17 | "Blind advertisement" means any real estate advertisement | ||||||
18 | that does not
include the sponsoring broker's business name and | ||||||
19 | that is used by any licensee
regarding the sale or lease of | ||||||
20 | real estate, including his or her own, licensed
activities, or | ||||||
21 | the hiring of any licensee under this Act. The broker's
| ||||||
22 | business name in the case of a franchise shall include the | ||||||
23 | franchise
affiliation as well as the name of the individual | ||||||
24 | firm.
| ||||||
25 | "Board" means the Real Estate Administration and | ||||||
26 | Disciplinary Board of the Department as created by Section |
| |||||||
| |||||||
1 | 25-10 of this Act.
| ||||||
2 | "Branch office" means a sponsoring broker's office other | ||||||
3 | than the sponsoring
broker's principal office.
| ||||||
4 | "Broker" means an individual, partnership, limited | ||||||
5 | liability company,
corporation, or registered limited | ||||||
6 | liability partnership other than a leasing agent who, whether | ||||||
7 | in person or through any media or technology, for another and | ||||||
8 | for compensation, or
with the intention or expectation of | ||||||
9 | receiving compensation, either
directly or indirectly:
| ||||||
10 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
11 | estate.
| ||||||
12 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
13 | real estate.
| ||||||
14 | (3) Negotiates, offers, attempts, or agrees to | ||||||
15 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
16 | of real estate.
| ||||||
17 | (4) Lists, offers, attempts, or agrees to list real | ||||||
18 | estate for sale,
rent, lease, or exchange.
| ||||||
19 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
20 | deals in options on
real estate or improvements thereon.
| ||||||
21 | (6) Supervises the collection, offer, attempt, or | ||||||
22 | agreement
to collect rent for the use of real estate.
| ||||||
23 | (7) Advertises or represents himself or herself as | ||||||
24 | being engaged in the
business of buying, selling, | ||||||
25 | exchanging, renting, or leasing real estate.
| ||||||
26 | (8) Assists or directs in procuring or referring of |
| |||||||
| |||||||
1 | leads or prospects, intended to
result in the sale, | ||||||
2 | exchange, lease, or rental of real estate.
| ||||||
3 | (9) Assists or directs in the negotiation of any | ||||||
4 | transaction intended to
result in the sale, exchange, | ||||||
5 | lease, or rental of real estate.
| ||||||
6 | (10) Opens real estate to the public for marketing | ||||||
7 | purposes.
| ||||||
8 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
9 | real estate at
auction.
| ||||||
10 | (12) Prepares or provides a broker price opinion or | ||||||
11 | comparative market analysis as those terms are defined in | ||||||
12 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
13 | this Act. | ||||||
14 | "Brokerage agreement" means a written or oral agreement | ||||||
15 | between a sponsoring
broker and a consumer for licensed | ||||||
16 | activities to be provided to a consumer in
return for | ||||||
17 | compensation or the right to receive compensation from another.
| ||||||
18 | Brokerage agreements may constitute either a bilateral or a | ||||||
19 | unilateral
agreement between the broker and the broker's client | ||||||
20 | depending upon the content
of the brokerage agreement. All | ||||||
21 | exclusive brokerage agreements shall be in
writing.
| ||||||
22 | "Broker price opinion" means an estimate or analysis of the | ||||||
23 | probable selling price of a particular interest in real estate, | ||||||
24 | which may provide a varying level of detail about the | ||||||
25 | property's condition, market, and neighborhood and information | ||||||
26 | on comparable sales. The activities of a real estate broker or |
| |||||||
| |||||||
1 | managing broker engaging in the ordinary course of business as | ||||||
2 | a broker, as defined in this Section, shall not be considered a | ||||||
3 | broker price opinion if no compensation is paid to the broker | ||||||
4 | or managing broker, other than compensation based upon the sale | ||||||
5 | or rental of real estate. | ||||||
6 | "Client" means a person who is being represented by a | ||||||
7 | licensee.
| ||||||
8 | "Comparative market analysis" is an analysis or opinion | ||||||
9 | regarding pricing, marketing, or financial aspects relating to | ||||||
10 | a specified interest or interests in real estate that may be | ||||||
11 | based upon an analysis of comparative market data, the | ||||||
12 | expertise of the real estate broker or managing broker, and | ||||||
13 | such other factors as the broker or managing broker may deem | ||||||
14 | appropriate in developing or preparing such analysis or | ||||||
15 | opinion. The activities of a real estate broker or managing | ||||||
16 | broker engaging in the ordinary course of business as a broker, | ||||||
17 | as defined in this Section, shall not be considered a | ||||||
18 | comparative market analysis if no compensation is paid to the | ||||||
19 | broker or managing broker, other than compensation based upon | ||||||
20 | the sale or rental of real estate. | ||||||
21 | "Compensation" means the valuable consideration given by | ||||||
22 | one person or entity
to another person or entity in exchange | ||||||
23 | for the performance of some activity or
service. Compensation | ||||||
24 | shall include the transfer of valuable consideration,
| ||||||
25 | including without limitation the following:
| ||||||
26 | (1) commissions;
|
| |||||||
| |||||||
1 | (2) referral fees;
| ||||||
2 | (3) bonuses;
| ||||||
3 | (4) prizes;
| ||||||
4 | (5) merchandise;
| ||||||
5 | (6) finder fees;
| ||||||
6 | (7) performance of services;
| ||||||
7 | (8) coupons or gift certificates;
| ||||||
8 | (9) discounts;
| ||||||
9 | (10) rebates;
| ||||||
10 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
11 | similar game of chance
not prohibited by any other law or | ||||||
12 | statute;
| ||||||
13 | (12) retainer fee; or
| ||||||
14 | (13) salary.
| ||||||
15 | "Confidential information" means information obtained by a | ||||||
16 | licensee from a
client during the term of a brokerage agreement | ||||||
17 | that (i) was made confidential
by the written request or | ||||||
18 | written instruction of the client, (ii) deals with
the | ||||||
19 | negotiating position of the client, or (iii) is information the | ||||||
20 | disclosure
of which could materially harm the negotiating | ||||||
21 | position of the client, unless
at any time:
| ||||||
22 | (1) the client permits the disclosure of information | ||||||
23 | given by that client
by word or conduct;
| ||||||
24 | (2) the disclosure is required by law; or
| ||||||
25 | (3) the information becomes public from a source other | ||||||
26 | than the licensee.
|
| |||||||
| |||||||
1 | "Confidential information" shall not be considered to | ||||||
2 | include material
information about the physical condition of | ||||||
3 | the property.
| ||||||
4 | "Consumer" means a person or entity seeking or receiving | ||||||
5 | licensed
activities.
| ||||||
6 | "Continuing education school" means any person licensed by | ||||||
7 | the Department as a school
for continuing education in | ||||||
8 | accordance with Section 30-15 of this Act. | ||||||
9 | "Coordinator" means the Coordinator of Real Estate created | ||||||
10 | in Section 25-15 of this Act.
| ||||||
11 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
12 | course work that
meets the requirements set forth in rules | ||||||
13 | adopted by the Department.
| ||||||
14 | "Customer" means a consumer who is not being represented by | ||||||
15 | the licensee but
for whom the licensee is performing | ||||||
16 | ministerial acts.
| ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Designated agency" means a contractual relationship | ||||||
20 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
21 | this Act in which one or more
licensees associated with or | ||||||
22 | employed by the broker are designated as agent of
the client.
| ||||||
23 | "Designated agent" means a sponsored licensee named by a | ||||||
24 | sponsoring broker as
the legal agent of a client, as provided | ||||||
25 | for in Section 15-50 of this Act.
| ||||||
26 | "Dual agency" means an agency relationship in which a |
| |||||||
| |||||||
1 | licensee is
representing both buyer and seller or both landlord | ||||||
2 | and tenant in the same
transaction. When the agency | ||||||
3 | relationship is a designated agency, the
question of whether | ||||||
4 | there is a dual agency shall be determined by the agency
| ||||||
5 | relationships of the designated agent of the parties and not of | ||||||
6 | the sponsoring
broker.
| ||||||
7 | "Employee" or other derivative of the word "employee", when | ||||||
8 | used to refer to,
describe, or delineate the relationship | ||||||
9 | between a sponsoring broker and a managing broker, broker, or a | ||||||
10 | leasing agent, shall be
construed to include an independent | ||||||
11 | contractor relationship, provided that a
written agreement | ||||||
12 | exists that clearly establishes and states the relationship.
| ||||||
13 | All responsibilities of a broker shall remain.
| ||||||
14 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
15 | other type or
manner of legal tender or financial consideration | ||||||
16 | deposited with any person for
the benefit of the parties to the | ||||||
17 | transaction. A transaction exists once an
agreement has been | ||||||
18 | reached and an accepted real estate contract signed or lease
| ||||||
19 | agreed to by the parties. Escrow moneys includes without | ||||||
20 | limitation earnest
moneys and security deposits, except those | ||||||
21 | security deposits in which the
person holding the security | ||||||
22 | deposit is also the sole owner of the property
being leased and | ||||||
23 | for which the security deposit is being held.
| ||||||
24 | "Electronic means of proctoring" means a methodology | ||||||
25 | providing assurance that the person taking a test and | ||||||
26 | completing the answers to questions is the person seeking |
| |||||||
| |||||||
1 | licensure or credit for continuing education and is doing so | ||||||
2 | without the aid of a third party or other device. | ||||||
3 | "Exclusive brokerage agreement" means a written brokerage | ||||||
4 | agreement that provides that the sponsoring broker has the sole | ||||||
5 | right, through one or more sponsored licensees, to act as the | ||||||
6 | exclusive designated agent or representative of the client and | ||||||
7 | that meets the requirements of Section 15-75 of this Act.
| ||||||
8 | "Inoperative" means a status of licensure where the | ||||||
9 | licensee holds a current
license under this Act, but the | ||||||
10 | licensee is prohibited from engaging in
licensed activities | ||||||
11 | because the licensee is unsponsored or the license of the
| ||||||
12 | sponsoring broker with whom the licensee is associated or by | ||||||
13 | whom he or she is
employed is currently expired, revoked, | ||||||
14 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
15 | "Interactive delivery method" means delivery of a course by | ||||||
16 | an instructor through a medium allowing for 2-way communication | ||||||
17 | between the instructor and a student in which either can | ||||||
18 | initiate or respond to questions. | ||||||
19 | "Leads" means the name or names of a potential buyer, | ||||||
20 | seller, lessor, lessee, or client of a licensee. | ||||||
21 | "Leasing Agent" means a person who is employed by a broker | ||||||
22 | to
engage in licensed activities limited to leasing residential | ||||||
23 | real estate who
has obtained a license as provided for in | ||||||
24 | Section 5-5 of this Act.
| ||||||
25 | "License" means the document issued by the Department | ||||||
26 | certifying that the person named
thereon has fulfilled all |
| |||||||
| |||||||
1 | requirements prerequisite to licensure under this
Act.
| ||||||
2 | "Licensed activities" means those activities listed in the | ||||||
3 | definition of
"broker" under this Section.
| ||||||
4 | "Licensee" means any person, as defined in this Section, | ||||||
5 | who holds a
valid unexpired license as a managing broker, | ||||||
6 | broker, or
leasing agent.
| ||||||
7 | "Listing presentation" means a communication between a | ||||||
8 | managing broker or
broker and a consumer in which the licensee | ||||||
9 | is attempting to secure a
brokerage agreement with the consumer | ||||||
10 | to market the consumer's real estate for
sale or lease.
| ||||||
11 | "Managing broker" means a broker who has supervisory | ||||||
12 | responsibilities for
licensees in one or, in the case of a | ||||||
13 | multi-office company, more than one
office and who has been | ||||||
14 | appointed as such by the sponsoring broker.
| ||||||
15 | "Medium of advertising" means any method of communication | ||||||
16 | intended to
influence the general public to use or purchase a | ||||||
17 | particular good or service or
real estate.
| ||||||
18 | "Ministerial acts" means those acts that a licensee may | ||||||
19 | perform for a
consumer that are informative or clerical in | ||||||
20 | nature and do not rise to the
level of active representation on | ||||||
21 | behalf of a consumer. Examples of these acts
include without | ||||||
22 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
23 | the availability and pricing of brokerage services, (ii) | ||||||
24 | responding to phone
inquiries from a consumer concerning the | ||||||
25 | price or location of property, (iii)
attending an open house | ||||||
26 | and responding to questions about the property from a
consumer, |
| |||||||
| |||||||
1 | (iv) setting an appointment to view property, (v) responding to
| ||||||
2 | questions of consumers walking into a licensee's office | ||||||
3 | concerning brokerage
services offered or particular | ||||||
4 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
5 | contractor, or similar third party on a visit to a property, | ||||||
6 | (vii)
describing a property or the property's condition in | ||||||
7 | response to a consumer's
inquiry, (viii) completing business or | ||||||
8 | factual information for a consumer on an
offer or contract to | ||||||
9 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
10 | property being sold by an owner on his or her own behalf, or | ||||||
11 | (x)
referral to another broker or service provider.
| ||||||
12 | "Office" means a broker's place of business where the | ||||||
13 | general
public is invited to transact business and where | ||||||
14 | records may be maintained and
licenses displayed, whether or | ||||||
15 | not it is the broker's principal place of
business.
| ||||||
16 | "Person" means and includes individuals, entities, | ||||||
17 | corporations, limited
liability companies, registered limited | ||||||
18 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
19 | except that when the context otherwise
requires, the term may | ||||||
20 | refer to a single individual or other described entity.
| ||||||
21 | "Personal assistant" means a licensed or unlicensed person | ||||||
22 | who has been hired
for the purpose of aiding or assisting a | ||||||
23 | sponsored licensee in the performance
of the sponsored | ||||||
24 | licensee's job.
| ||||||
25 | "Pocket card" means the card issued by the Department to | ||||||
26 | signify that the person named
on the card is currently licensed |
| |||||||
| |||||||
1 | under this Act.
| ||||||
2 | "Pre-license school" means a school licensed by the | ||||||
3 | Department offering courses in
subjects related to real estate | ||||||
4 | transactions, including the subjects upon
which an applicant is | ||||||
5 | examined in determining fitness to receive a license.
| ||||||
6 | "Pre-renewal period" means the period between the date of | ||||||
7 | issue of a
currently valid license and the license's expiration | ||||||
8 | date.
| ||||||
9 | "Proctor" means any person, including, but not limited to, | ||||||
10 | an instructor, who has a written agreement to administer | ||||||
11 | examinations fairly and impartially with a licensed | ||||||
12 | pre-license school or a licensed continuing education school. | ||||||
13 | "Real estate" means and includes leaseholds as well as any | ||||||
14 | other interest or
estate in land, whether corporeal, | ||||||
15 | incorporeal, freehold, or non-freehold ,
including timeshare | ||||||
16 | interests, and whether the real estate is situated in this
| ||||||
17 | State or elsewhere. "Real estate" does not include property | ||||||
18 | sold, exchanged, or leased as a timeshare or similar vacation | ||||||
19 | item or interest, vacation club membership, or other activity | ||||||
20 | formerly regulated under the Real Estate Timeshare Act of 1999 | ||||||
21 | (repealed).
| ||||||
22 | "Regular employee" means a person working an average of 20 | ||||||
23 | hours per week for a person or entity who would be considered | ||||||
24 | as an employee under the Internal Revenue Service eleven main | ||||||
25 | tests in three categories being behavioral control, financial | ||||||
26 | control and the type of relationship of the parties, formerly |
| |||||||
| |||||||
1 | the twenty factor test.
| ||||||
2 | "Secretary" means the Secretary of the Department of | ||||||
3 | Financial and Professional Regulation, or a person authorized | ||||||
4 | by the Secretary to act in the Secretary's stead. | ||||||
5 | "Sponsoring broker" means the broker who has issued a | ||||||
6 | sponsor card to a
licensed managing broker, broker, or a | ||||||
7 | leasing agent.
| ||||||
8 | "Sponsor card" means the temporary permit issued by the | ||||||
9 | sponsoring broker certifying that the managing broker, broker,
| ||||||
10 | or leasing agent named thereon is employed by or associated by | ||||||
11 | written
agreement with the sponsoring broker, as provided for | ||||||
12 | in Section
5-40 of this Act.
| ||||||
13 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
14 | 99-227, eff. 8-3-15.)
| ||||||
15 | (225 ILCS 454/5-20)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
17 | Sec. 5-20. Exemptions from managing broker, broker, or | ||||||
18 | leasing agent license
requirement. The requirement for holding | ||||||
19 | a license under this Article 5 shall
not apply to:
| ||||||
20 | (1) Any person, partnership, or corporation that as | ||||||
21 | owner or lessor performs
any of the acts described in the | ||||||
22 | definition of "broker" under Section 1-10 of
this Act with | ||||||
23 | reference to property owned or leased by it, or to the | ||||||
24 | regular
employees thereof with respect to the property so | ||||||
25 | owned or leased, where such
acts are performed in the |
| |||||||
| |||||||
1 | regular course of or as an incident to the
management, | ||||||
2 | sale, or other disposition of such property and the | ||||||
3 | investment
therein, provided that such regular employees | ||||||
4 | do not perform any of the acts
described in the definition | ||||||
5 | of "broker" under Section 1-10 of this Act in
connection | ||||||
6 | with a vocation of selling or leasing any real estate or | ||||||
7 | the
improvements thereon not so owned or leased.
| ||||||
8 | (2) An attorney in fact acting under a duly executed | ||||||
9 | and recorded power of
attorney to convey real estate from | ||||||
10 | the owner or lessor or the services
rendered by an attorney | ||||||
11 | at law in the performance of the attorney's duty as an
| ||||||
12 | attorney at law.
| ||||||
13 | (3) Any person acting as receiver, trustee in | ||||||
14 | bankruptcy, administrator,
executor, or guardian or while | ||||||
15 | acting under a court order or under the
authority of a will | ||||||
16 | or testamentary trust.
| ||||||
17 | (4) Any person acting as a resident manager for the | ||||||
18 | owner or any employee
acting as the resident manager for a | ||||||
19 | broker managing an apartment building,
duplex, or | ||||||
20 | apartment complex, when the resident manager resides on the
| ||||||
21 | premises, the premises is his or her primary residence, and | ||||||
22 | the resident
manager is engaged in the leasing of the | ||||||
23 | property of which he or she is the
resident manager.
| ||||||
24 | (5) Any officer or employee of a federal agency in the | ||||||
25 | conduct of official
duties.
| ||||||
26 | (6) Any officer or employee of the State government or |
| |||||||
| |||||||
1 | any political
subdivision thereof performing official | ||||||
2 | duties.
| ||||||
3 | (7) Any multiple listing service or other similar | ||||||
4 | information exchange that is
engaged in the collection
and | ||||||
5 | dissemination of information concerning real estate | ||||||
6 | available for sale,
purchase, lease, or
exchange for the | ||||||
7 | purpose of providing licensees with a system by which | ||||||
8 | licensees may cooperatively share information along with | ||||||
9 | which no other licensed activities, as defined in Section | ||||||
10 | 1-10 of this Act, are provided.
| ||||||
11 | (8) Railroads and other public utilities regulated by | ||||||
12 | the State of Illinois,
or the officers or full time | ||||||
13 | employees thereof, unless the performance of any
licensed | ||||||
14 | activities is in connection with the sale, purchase, lease, | ||||||
15 | or other
disposition of real estate or investment therein | ||||||
16 | not needing the approval of
the appropriate State | ||||||
17 | regulatory authority.
| ||||||
18 | (9) Any medium of advertising in the routine course of | ||||||
19 | selling or publishing
advertising along with which no other | ||||||
20 | licensed activities, as defined in Section 1-10 of this | ||||||
21 | Act, are provided.
| ||||||
22 | (10) Any resident lessee of a residential dwelling unit | ||||||
23 | who refers for
compensation to the owner of the dwelling | ||||||
24 | unit, or to the owner's agent,
prospective lessees of | ||||||
25 | dwelling units in the same building or complex as the
| ||||||
26 | resident lessee's unit, but only if the resident lessee (i) |
| |||||||
| |||||||
1 | refers no more than
3 prospective lessees in any 12-month | ||||||
2 | period, (ii) receives compensation of no
more than $1,500 | ||||||
3 | or the equivalent of one month's rent, whichever is less, | ||||||
4 | in
any 12-month period, and (iii) limits his or her | ||||||
5 | activities to referring
prospective lessees to the owner, | ||||||
6 | or the owner's agent, and does not show a
residential | ||||||
7 | dwelling unit to a prospective lessee, discuss terms or | ||||||
8 | conditions
of leasing a dwelling unit with a prospective | ||||||
9 | lessee, or otherwise participate
in the negotiation of the | ||||||
10 | leasing of a dwelling unit.
| ||||||
11 | (11) The purchase, sale, or transfer of a timeshare or | ||||||
12 | similar vacation item or interest, vacation club | ||||||
13 | membership, or other activity formerly regulated under the | ||||||
14 | Real Estate Timeshare Act of 1999 (repealed) An exchange | ||||||
15 | company registered under the Real Estate Timeshare Act of
| ||||||
16 | 1999 and the regular employees of that registered exchange | ||||||
17 | company but only
when conducting an exchange program as | ||||||
18 | defined in that Act .
| ||||||
19 | (12) (Blank). An existing timeshare owner who, for | ||||||
20 | compensation, refers prospective
purchasers, but only if | ||||||
21 | the existing timeshare owner (i) refers no more than 20
| ||||||
22 | prospective purchasers in any calendar year, (ii) receives | ||||||
23 | no more than $1,000,
or its equivalent, for referrals in | ||||||
24 | any calendar year and (iii) limits his or
her activities to | ||||||
25 | referring prospective purchasers of timeshare interests to
| ||||||
26 | the developer or the developer's employees or agents, and |
| |||||||
| |||||||
1 | does not show,
discuss terms or conditions of purchase or | ||||||
2 | otherwise participate in
negotiations with regard to | ||||||
3 | timeshare interests.
| ||||||
4 | (13) Any person who is licensed without examination | ||||||
5 | under
Section 10-25 (now repealed) of the Auction License | ||||||
6 | Act is exempt from holding a managing broker's or
broker's | ||||||
7 | license under this Act for the limited purpose of selling | ||||||
8 | or
leasing real estate at auction, so long as:
| ||||||
9 | (A) that person has made application for said | ||||||
10 | exemption by July 1, 2000;
| ||||||
11 | (B) that person verifies to the Department that he | ||||||
12 | or she has sold real estate
at auction for a period of | ||||||
13 | 5 years prior to licensure as an auctioneer;
| ||||||
14 | (C) the person has had no lapse in his or her | ||||||
15 | license as an
auctioneer; and
| ||||||
16 | (D) the license issued under the Auction License | ||||||
17 | Act has not been
disciplined for violation of those | ||||||
18 | provisions of Article 20 of the Auction
License Act | ||||||
19 | dealing with or related to the sale or lease of real | ||||||
20 | estate at
auction.
| ||||||
21 | (14) A person who holds a valid license under the | ||||||
22 | Auction License Act and a valid real estate auction | ||||||
23 | certification and conducts auctions for the sale of real | ||||||
24 | estate under Section 5-32 of this Act. | ||||||
25 | (15) A hotel operator who is registered with the | ||||||
26 | Illinois Department of
Revenue and pays taxes under the |
| |||||||
| |||||||
1 | Hotel Operators' Occupation Tax Act and rents
a room or | ||||||
2 | rooms in a hotel as defined in the Hotel Operators' | ||||||
3 | Occupation Tax
Act for a period of not more than 30 | ||||||
4 | consecutive days and not more than 60 days
in a calendar | ||||||
5 | year.
| ||||||
6 | (Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
| ||||||
7 | (225 ILCS 454/20-20)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 20-20. Grounds for discipline. | ||||||
10 | (a) The Department may refuse to issue or renew a license, | ||||||
11 | may place on probation, suspend,
or
revoke any
license, | ||||||
12 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
13 | action as the Department may deem proper and impose a
fine not | ||||||
14 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
15 | or any person who holds himself or herself out as an applicant | ||||||
16 | or licensee or against a licensee in handling his or her own | ||||||
17 | property, whether held by deed, option, or otherwise, for any | ||||||
18 | one or any combination of the
following causes:
| ||||||
19 | (1) Fraud or misrepresentation in applying for, or | ||||||
20 | procuring, a license under this Act or in connection with | ||||||
21 | applying for renewal of a license under this Act.
| ||||||
22 | (2) The conviction of or plea of guilty or plea of nolo | ||||||
23 | contendere to a felony or misdemeanor in this State or any | ||||||
24 | other jurisdiction; or the entry of an administrative | ||||||
25 | sanction by a government agency in this State or any other |
| |||||||
| |||||||
1 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
2 | misdemeanor or an administrative sanction is limited to a | ||||||
3 | misdemeanor or administrative sanction that has as an
| ||||||
4 | essential element dishonesty or fraud or involves larceny, | ||||||
5 | embezzlement,
or obtaining money, property, or credit by | ||||||
6 | false pretenses or by means of a
confidence
game.
| ||||||
7 | (3) Inability to practice the profession with | ||||||
8 | reasonable judgment, skill, or safety as a result of a | ||||||
9 | physical illness, including, but not limited to, | ||||||
10 | deterioration through the aging process or loss of motor | ||||||
11 | skill, or a mental illness or disability.
| ||||||
12 | (4) Practice under this Act as a licensee in a retail | ||||||
13 | sales establishment from an office, desk, or space that
is | ||||||
14 | not
separated from the main retail business by a separate | ||||||
15 | and distinct area within
the
establishment.
| ||||||
16 | (5) Having been disciplined by another state, the | ||||||
17 | District of Columbia, a territory, a foreign nation, or a | ||||||
18 | governmental agency authorized to impose discipline if at | ||||||
19 | least one of the grounds for that discipline is the same as | ||||||
20 | or
the
equivalent of one of the grounds for which a | ||||||
21 | licensee may be disciplined under this Act. A certified | ||||||
22 | copy of the record of the action by the other state or | ||||||
23 | jurisdiction shall be prima facie evidence thereof.
| ||||||
24 | (6) Engaging in the practice of real estate brokerage
| ||||||
25 | without a
license or after the licensee's license was | ||||||
26 | expired or while the license was
inoperative.
|
| |||||||
| |||||||
1 | (7) Cheating on or attempting to subvert the Real
| ||||||
2 | Estate License Exam or continuing education exam. | ||||||
3 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
4 | on the Real Estate License Exam or continuing education | ||||||
5 | exam
administered pursuant to this Act.
| ||||||
6 | (9) Advertising that is inaccurate, misleading, or | ||||||
7 | contrary to the provisions of the Act.
| ||||||
8 | (10) Making any substantial misrepresentation or | ||||||
9 | untruthful advertising.
| ||||||
10 | (11) Making any false promises of a character likely to | ||||||
11 | influence,
persuade,
or induce.
| ||||||
12 | (12) Pursuing a continued and flagrant course of | ||||||
13 | misrepresentation or the
making
of false promises through | ||||||
14 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
15 | (13) Any misleading or untruthful advertising, or | ||||||
16 | using any trade name or
insignia of membership in any real | ||||||
17 | estate organization of which the licensee is
not a member.
| ||||||
18 | (14) Acting for more than one party in a transaction | ||||||
19 | without providing
written
notice to all parties for whom | ||||||
20 | the licensee acts.
| ||||||
21 | (15) Representing or attempting to represent a broker | ||||||
22 | other than the
sponsoring broker.
| ||||||
23 | (16) Failure to account for or to remit any moneys or | ||||||
24 | documents coming into
his or her possession that belong to | ||||||
25 | others.
| ||||||
26 | (17) Failure to maintain and deposit in a special |
| |||||||
| |||||||
1 | account, separate and
apart from
personal and other | ||||||
2 | business accounts, all escrow moneys belonging to others
| ||||||
3 | entrusted to a licensee
while acting as a broker, escrow | ||||||
4 | agent, or temporary custodian of
the funds of others or
| ||||||
5 | failure to maintain all escrow moneys on deposit in the | ||||||
6 | account until the
transactions are
consummated or | ||||||
7 | terminated, except to the extent that the moneys, or any | ||||||
8 | part
thereof, shall be: | ||||||
9 | (A)
disbursed prior to the consummation or | ||||||
10 | termination (i) in accordance with
the
written | ||||||
11 | direction of
the principals to the transaction or their | ||||||
12 | duly authorized agents, (ii) in accordance with
| ||||||
13 | directions providing for the
release, payment, or | ||||||
14 | distribution of escrow moneys contained in any written
| ||||||
15 | contract signed by the
principals to the transaction or | ||||||
16 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
17 | order of a court of competent
jurisdiction; or | ||||||
18 | (B) deemed abandoned and transferred to the Office | ||||||
19 | of the State Treasurer to be handled as unclaimed | ||||||
20 | property pursuant to the Uniform Disposition of | ||||||
21 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
22 | abandoned under this subparagraph (B) only: (i) in the | ||||||
23 | absence of disbursement under subparagraph (A); (ii) | ||||||
24 | in the absence of notice of the filing of any claim in | ||||||
25 | a court of competent jurisdiction; and (iii) if 6 | ||||||
26 | months have elapsed after the receipt of a written |
| |||||||
| |||||||
1 | demand for the escrow moneys from one of the principals | ||||||
2 | to the transaction or the principal's duly authorized | ||||||
3 | agent.
| ||||||
4 | The account
shall be noninterest
bearing, unless the | ||||||
5 | character of the deposit is such that payment of interest
| ||||||
6 | thereon is otherwise
required by law or unless the | ||||||
7 | principals to the transaction specifically
require, in | ||||||
8 | writing, that the
deposit be placed in an interest bearing | ||||||
9 | account.
| ||||||
10 | (18) Failure to make available to the Department all | ||||||
11 | escrow records and related documents
maintained in | ||||||
12 | connection
with the practice of real estate within 24 hours | ||||||
13 | of a request for those
documents by Department personnel.
| ||||||
14 | (19) Failing to furnish copies upon request of | ||||||
15 | documents relating to a
real
estate transaction to a party | ||||||
16 | who has executed that document.
| ||||||
17 | (20) Failure of a sponsoring broker to timely provide | ||||||
18 | information, sponsor
cards,
or termination of licenses to | ||||||
19 | the Department.
| ||||||
20 | (21) Engaging in dishonorable, unethical, or | ||||||
21 | unprofessional conduct of a
character
likely to deceive, | ||||||
22 | defraud, or harm the public.
| ||||||
23 | (22) Commingling the money or property of others with | ||||||
24 | his or her own money or property.
| ||||||
25 | (23) Employing any person on a purely temporary or | ||||||
26 | single deal basis as a
means
of evading the law regarding |
| |||||||
| |||||||
1 | payment of commission to nonlicensees on some
contemplated
| ||||||
2 | transactions.
| ||||||
3 | (24) Permitting the use of his or her license as a | ||||||
4 | broker to enable a
leasing agent or
unlicensed person to | ||||||
5 | operate a real estate business without actual
| ||||||
6 | participation therein and control
thereof by the broker.
| ||||||
7 | (25) Any other conduct, whether of the same or a | ||||||
8 | different character from
that
specified in this Section, | ||||||
9 | that constitutes dishonest dealing.
| ||||||
10 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
11 | property without
the written
consent of an owner or his or | ||||||
12 | her duly authorized agent or advertising by any
means that | ||||||
13 | any property is
for sale or for rent without the written | ||||||
14 | consent of the owner or his or her
authorized agent.
| ||||||
15 | (27) Failing to provide information requested by the | ||||||
16 | Department, or otherwise respond to that request, within 30 | ||||||
17 | days of
the
request.
| ||||||
18 | (28) Advertising by means of a blind advertisement, | ||||||
19 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
20 | (29) Offering guaranteed sales plans, as defined in | ||||||
21 | clause (A) of
this subdivision (29), except to
the extent | ||||||
22 | hereinafter set forth:
| ||||||
23 | (A) A "guaranteed sales plan" is any real estate | ||||||
24 | purchase or sales plan
whereby a licensee enters into a | ||||||
25 | conditional or unconditional written contract
with a | ||||||
26 | seller, prior to entering into a brokerage agreement |
| |||||||
| |||||||
1 | with the seller, by the
terms of which a licensee | ||||||
2 | agrees to purchase a property of the seller within a
| ||||||
3 | specified period of time
at a specific price in the | ||||||
4 | event the property is not sold in accordance with
the | ||||||
5 | terms of a brokerage agreement to be entered into | ||||||
6 | between the sponsoring broker and the seller.
| ||||||
7 | (B) A licensee offering a guaranteed sales plan | ||||||
8 | shall provide the
details
and conditions of the plan in | ||||||
9 | writing to the party to whom the plan is
offered.
| ||||||
10 | (C) A licensee offering a guaranteed sales plan | ||||||
11 | shall provide to the
party
to whom the plan is offered | ||||||
12 | evidence of sufficient financial resources to
satisfy | ||||||
13 | the commitment to
purchase undertaken by the broker in | ||||||
14 | the plan.
| ||||||
15 | (D) Any licensee offering a guaranteed sales plan | ||||||
16 | shall undertake to
market the property of the seller | ||||||
17 | subject to the plan in the same manner in
which the | ||||||
18 | broker would
market any other property, unless the | ||||||
19 | agreement with the seller provides
otherwise.
| ||||||
20 | (E) The licensee cannot purchase seller's property | ||||||
21 | until the brokerage agreement has ended according to | ||||||
22 | its terms or is otherwise terminated. | ||||||
23 | (F) Any licensee who fails to perform on a | ||||||
24 | guaranteed sales plan in
strict accordance with its | ||||||
25 | terms shall be subject to all the penalties provided
in | ||||||
26 | this Act for
violations thereof and, in addition, shall |
| |||||||
| |||||||
1 | be subject to a civil fine payable
to the party injured | ||||||
2 | by the
default in an amount of up to $25,000.
| ||||||
3 | (30) Influencing or attempting to influence, by any | ||||||
4 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
5 | landlord, or tenant of real estate, in connection
with | ||||||
6 | viewing, buying, or
leasing real estate, so as to promote | ||||||
7 | or tend to promote the continuance
or maintenance of
| ||||||
8 | racially and religiously segregated housing or so as to | ||||||
9 | retard, obstruct, or
discourage racially
integrated | ||||||
10 | housing on or in any street, block, neighborhood, or | ||||||
11 | community.
| ||||||
12 | (31) Engaging in any act that constitutes a violation | ||||||
13 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
14 | Act, whether or not a complaint has
been filed with or
| ||||||
15 | adjudicated by the Human Rights Commission.
| ||||||
16 | (32) Inducing any party to a contract of sale or lease | ||||||
17 | or brokerage
agreement to
break the contract of sale or | ||||||
18 | lease or brokerage agreement for the purpose of
| ||||||
19 | substituting, in lieu
thereof, a new contract for sale or | ||||||
20 | lease or brokerage agreement with a third
party.
| ||||||
21 | (33) Negotiating a sale, exchange, or lease of real | ||||||
22 | estate directly with
any person
if the licensee knows that | ||||||
23 | the person has an exclusive brokerage
agreement with | ||||||
24 | another
broker, unless specifically authorized by that | ||||||
25 | broker.
| ||||||
26 | (34) When a licensee is also an attorney, acting as the |
| |||||||
| |||||||
1 | attorney for
either the
buyer or the seller in the same | ||||||
2 | transaction in which the licensee is acting or
has acted as | ||||||
3 | a managing broker
or broker.
| ||||||
4 | (35) Advertising or offering merchandise or services | ||||||
5 | as free if any
conditions or
obligations necessary for | ||||||
6 | receiving the merchandise or services are not
disclosed in | ||||||
7 | the same
advertisement or offer. These conditions or | ||||||
8 | obligations include without
limitation the
requirement | ||||||
9 | that the recipient attend a promotional activity or visit a | ||||||
10 | real
estate site. As used in this
subdivision (35), "free" | ||||||
11 | includes terms such as "award", "prize", "no charge",
"free | ||||||
12 | of charge",
"without charge", and similar words or phrases | ||||||
13 | that reasonably lead a person to
believe that he or she
may | ||||||
14 | receive or has been selected to receive something of value, | ||||||
15 | without any
conditions or
obligations on the part of the | ||||||
16 | recipient.
| ||||||
17 | (36) (Blank). Disregarding or violating any provision | ||||||
18 | of the Land Sales
Registration Act of 1989, the Illinois | ||||||
19 | Real Estate
Time-Share Act, or the published rules | ||||||
20 | promulgated by the Department to enforce
those Acts.
| ||||||
21 | (37) Violating the terms of a disciplinary order
issued | ||||||
22 | by the Department.
| ||||||
23 | (38) Paying or failing to disclose compensation in | ||||||
24 | violation of Article 10 of this Act.
| ||||||
25 | (39) Requiring a party to a transaction who is not a | ||||||
26 | client of the
licensee
to allow the licensee to retain a |
| |||||||
| |||||||
1 | portion of the escrow moneys for payment of
the licensee's | ||||||
2 | commission or expenses as a condition for release of the | ||||||
3 | escrow
moneys to that party.
| ||||||
4 | (40) Disregarding or violating any provision of this | ||||||
5 | Act or the published
rules
promulgated by the Department to | ||||||
6 | enforce this Act or aiding or abetting any individual,
| ||||||
7 | partnership, registered limited liability partnership, | ||||||
8 | limited liability
company, or corporation in
disregarding | ||||||
9 | any provision of this Act or the published rules | ||||||
10 | promulgated by the Department
to enforce this Act.
| ||||||
11 | (41) Failing to provide the minimum services required | ||||||
12 | by Section 15-75 of this Act when acting under an exclusive | ||||||
13 | brokerage agreement.
| ||||||
14 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
15 | narcotics, stimulants, or any other chemical agent or drug | ||||||
16 | that results in a managing broker, broker, or leasing | ||||||
17 | agent's inability to practice with reasonable skill or | ||||||
18 | safety. | ||||||
19 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
20 | defined in the Auction License Act, to conduct a real | ||||||
21 | estate auction in a manner that is in violation of this | ||||||
22 | Act. | ||||||
23 | (b) The Department may refuse to issue or renew or may | ||||||
24 | suspend the license of any person who fails to file a return, | ||||||
25 | pay the tax, penalty or interest shown in a filed return, or | ||||||
26 | pay any final assessment of tax, penalty, or interest, as |
| |||||||
| |||||||
1 | required by any tax Act administered by the Department of | ||||||
2 | Revenue, until such time as the requirements of that tax Act | ||||||
3 | are satisfied in accordance with subsection (g) of Section | ||||||
4 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
5 | (c) The Department shall deny a license or renewal | ||||||
6 | authorized by this Act to a person who has defaulted on an | ||||||
7 | educational loan or scholarship provided or guaranteed by the | ||||||
8 | Illinois Student Assistance Commission or any governmental | ||||||
9 | agency of this State in accordance with item (5) of subsection | ||||||
10 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
11 | Illinois. | ||||||
12 | (d) In cases where the Department of Healthcare and Family | ||||||
13 | Services (formerly Department of Public Aid) has previously | ||||||
14 | determined that a licensee or a potential licensee is more than | ||||||
15 | 30 days delinquent in the payment of child support and has | ||||||
16 | subsequently certified the delinquency to the Department may | ||||||
17 | refuse to issue or renew or may revoke or suspend that person's | ||||||
18 | license or may take other disciplinary action against that | ||||||
19 | person based solely upon the certification of delinquency made | ||||||
20 | by the Department of Healthcare and Family Services in | ||||||
21 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
22 | of the Civil Administrative Code of Illinois. | ||||||
23 | (e) In enforcing this Section, the Department or Board upon | ||||||
24 | a showing of a possible violation may compel an individual | ||||||
25 | licensed to practice under this Act, or who has applied for | ||||||
26 | licensure under this Act, to submit to a mental or physical |
| |||||||
| |||||||
1 | examination, or both, as required by and at the expense of the | ||||||
2 | Department. The Department or Board may order the examining | ||||||
3 | physician to present testimony concerning the mental or | ||||||
4 | physical examination of the licensee or applicant. No | ||||||
5 | information shall be excluded by reason of any common law or | ||||||
6 | statutory privilege relating to communications between the | ||||||
7 | licensee or applicant and the examining physician. The | ||||||
8 | examining physicians shall be specifically designated by the | ||||||
9 | Board or Department. The individual to be examined may have, at | ||||||
10 | his or her own expense, another physician of his or her choice | ||||||
11 | present during all aspects of this examination. Failure of an | ||||||
12 | individual to submit to a mental or physical examination, when | ||||||
13 | directed, shall be grounds for suspension of his or her license | ||||||
14 | until the individual submits to the examination if the | ||||||
15 | Department finds, after notice and hearing, that the refusal to | ||||||
16 | submit to the examination was without reasonable cause. | ||||||
17 | If the Department or Board finds an individual unable to | ||||||
18 | practice because of the reasons set forth in this Section, the | ||||||
19 | Department or Board may require that individual to submit to | ||||||
20 | care, counseling, or treatment by physicians approved or | ||||||
21 | designated by the Department or Board, as a condition, term, or | ||||||
22 | restriction for continued, reinstated, or renewed licensure to | ||||||
23 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
24 | Department may file, or the Board may recommend to the | ||||||
25 | Department to file, a complaint to immediately suspend, revoke, | ||||||
26 | or otherwise discipline the license of the individual. An |
| |||||||
| |||||||
1 | individual whose license was granted, continued, reinstated, | ||||||
2 | renewed, disciplined or supervised subject to such terms, | ||||||
3 | conditions, or restrictions, and who fails to comply with such | ||||||
4 | terms, conditions, or restrictions, shall be referred to the | ||||||
5 | Secretary for a determination as to whether the individual | ||||||
6 | shall have his or her license suspended immediately, pending a | ||||||
7 | hearing by the Department. | ||||||
8 | In instances in which the Secretary immediately suspends a | ||||||
9 | person's license under this Section, a hearing on that person's | ||||||
10 | license must be convened by the Department within 30 days after | ||||||
11 | the suspension and completed without appreciable delay. The | ||||||
12 | Department and Board shall have the authority to review the | ||||||
13 | subject individual's record of treatment and counseling | ||||||
14 | regarding the impairment to the extent permitted by applicable | ||||||
15 | federal statutes and regulations safeguarding the | ||||||
16 | confidentiality of medical records. | ||||||
17 | An individual licensed under this Act and affected under | ||||||
18 | this Section shall be afforded an opportunity to demonstrate to | ||||||
19 | the Department or Board that he or she can resume practice in | ||||||
20 | compliance with acceptable and prevailing standards under the | ||||||
21 | provisions of his or her license. | ||||||
22 | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
23 | 99-227, eff. 8-3-15.)
| ||||||
24 | (225 ILCS 454/20-85)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||||||
2 | Department shall maintain a Real Estate Recovery Fund from | ||||||
3 | which any person aggrieved
by an act,
representation, | ||||||
4 | transaction, or conduct of a licensee or unlicensed employee of
| ||||||
5 | a licensee that is
in violation of this Act or the rules | ||||||
6 | promulgated pursuant thereto,
constitutes
embezzlement of | ||||||
7 | money or property, or results in money or property being
| ||||||
8 | unlawfully obtained
from any person by false pretenses, | ||||||
9 | artifice, trickery, or forgery or by reason
of any fraud,
| ||||||
10 | misrepresentation, discrimination, or deceit by or on the part | ||||||
11 | of any such
licensee or the unlicensed
employee of a licensee | ||||||
12 | and that results in a loss of actual cash money, as
opposed to | ||||||
13 | losses in
market value, may recover. The aggrieved person may | ||||||
14 | recover, by a post-judgment order of the
circuit court of the
| ||||||
15 | county where the violation occurred in a proceeding described | ||||||
16 | in Section 20-90 of this Act, an amount of not more than | ||||||
17 | $25,000 from
the Fund for
damages sustained by the act, | ||||||
18 | representation, transaction, or conduct, together
with costs | ||||||
19 | of suit and
attorney's fees incurred in connection therewith of | ||||||
20 | not to exceed 15% of the
amount of the recovery
ordered paid | ||||||
21 | from the Fund. However, no person may
recover from the
Fund | ||||||
22 | unless the court finds that the person suffered a loss | ||||||
23 | resulting from
intentional misconduct.
The post-judgment order | ||||||
24 | shall not include interest on the judgment.
The maximum | ||||||
25 | liability against the Fund arising out of any one act shall be | ||||||
26 | as
provided in this
Section, and the post-judgment order shall |
| |||||||
| |||||||
1 | spread the award equitably among all
co-owners or otherwise
| ||||||
2 | aggrieved persons, if any. The maximum liability against the | ||||||
3 | Fund arising out
of the activities of
any one licensee or one | ||||||
4 | unlicensed employee of a licensee, since January 1,
1974, shall | ||||||
5 | be $100,000.
Nothing in this Section shall be construed to | ||||||
6 | authorize recovery from the Fund
unless the loss of the | ||||||
7 | aggrieved person results from an act or omission of a licensee | ||||||
8 | under this Act
who was at the time of the act or omission
| ||||||
9 | acting in such
capacity or was apparently acting in such | ||||||
10 | capacity or their unlicensed employee and unless the aggrieved
| ||||||
11 | person has obtained a
valid judgment and post-judgment order of | ||||||
12 | the court as provided for in Section 20-90 of this Act.
No | ||||||
13 | person aggrieved by an act, representation, or transaction that | ||||||
14 | is in
violation of the Illinois
Real Estate Time-Share Act or | ||||||
15 | the Land Sales Registration Act of 1989 may
recover from the
| ||||||
16 | Fund.
| ||||||
17 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
18 | (225 ILCS 745/Act rep.)
| ||||||
19 | Section 90. The Professional Geologist Licensing Act is | ||||||
20 | repealed.
| ||||||
21 | Section 95. The Adult Protective Services Act is amended by | ||||||
22 | changing Section 2 as follows:
| ||||||
23 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
|
| |||||||
| |||||||
1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
2 | context
requires otherwise:
| ||||||
3 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
4 | injury to an
eligible adult, including exploitation of such | ||||||
5 | adult's financial resources.
| ||||||
6 | Nothing in this Act shall be construed to mean that an | ||||||
7 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
8 | for the sole reason that he or she is being
furnished with or | ||||||
9 | relies upon treatment by spiritual means through prayer
alone, | ||||||
10 | in accordance with the tenets and practices of a recognized | ||||||
11 | church
or religious denomination.
| ||||||
12 | Nothing in this Act shall be construed to mean that an | ||||||
13 | eligible adult is a
victim of abuse because of health care | ||||||
14 | services provided or not provided by
licensed health care | ||||||
15 | professionals.
| ||||||
16 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
17 | financially
exploits an eligible adult.
| ||||||
18 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
19 | through 59 who resides in a domestic living situation and whose | ||||||
20 | disability as defined in subsection (c-5) impairs his or her | ||||||
21 | ability to seek or obtain protection from abuse, neglect, or | ||||||
22 | exploitation. | ||||||
23 | (a-7) "Caregiver" means a person who either as a result of | ||||||
24 | a family
relationship, voluntarily, or in exchange for | ||||||
25 | compensation has assumed
responsibility for all or a portion of | ||||||
26 | the care of an eligible adult who needs
assistance with |
| |||||||
| |||||||
1 | activities of daily
living or instrumental activities of daily | ||||||
2 | living.
| ||||||
3 | (b) "Department" means the Department on Aging of the State | ||||||
4 | of Illinois.
| ||||||
5 | (c) "Director" means the Director of the Department.
| ||||||
6 | (c-5) "Disability" means a physical or mental disability, | ||||||
7 | including, but not limited to, a developmental disability, an | ||||||
8 | intellectual disability, a mental illness as defined under the | ||||||
9 | Mental Health and Developmental Disabilities Code, or dementia | ||||||
10 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
11 | (d) "Domestic living situation" means a residence where the | ||||||
12 | eligible
adult at the time of the report lives alone or with | ||||||
13 | his or her family or a caregiver, or others,
or other | ||||||
14 | community-based unlicensed facility, but
is not:
| ||||||
15 | (1) A licensed facility as defined in Section 1-113 of | ||||||
16 | the Nursing Home
Care Act;
| ||||||
17 | (1.5) A facility licensed under the ID/DD Community | ||||||
18 | Care Act; | ||||||
19 | (1.6) A facility licensed under the MC/DD Act; | ||||||
20 | (1.7) A facility licensed under the Specialized Mental | ||||||
21 | Health Rehabilitation Act of 2013; | ||||||
22 | (2) A "life care facility" as defined in the Life Care | ||||||
23 | Facilities Act;
| ||||||
24 | (3) A home, institution, or other place operated by the | ||||||
25 | federal
government or agency thereof or by the State of | ||||||
26 | Illinois;
|
| |||||||
| |||||||
1 | (4) A hospital, sanitarium, or other institution, the | ||||||
2 | principal activity
or business of which is the diagnosis, | ||||||
3 | care, and treatment of human illness
through the | ||||||
4 | maintenance and operation of organized facilities | ||||||
5 | therefor,
which is required to be licensed under the | ||||||
6 | Hospital Licensing Act;
| ||||||
7 | (5) A "community living facility" as defined in the | ||||||
8 | Community Living
Facilities Licensing Act;
| ||||||
9 | (6) (Blank);
| ||||||
10 | (7) A "community-integrated living arrangement" as | ||||||
11 | defined in
the Community-Integrated Living Arrangements | ||||||
12 | Licensure and Certification Act or a "community | ||||||
13 | residential alternative" as licensed under that Act;
| ||||||
14 | (8) An assisted living or shared housing establishment | ||||||
15 | as defined in the Assisted Living and Shared Housing Act; | ||||||
16 | or
| ||||||
17 | (9) A supportive living facility as described in | ||||||
18 | Section 5-5.01a of the Illinois Public Aid Code.
| ||||||
19 | (e) "Eligible adult" means either an adult with | ||||||
20 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
21 | who
resides in a domestic living situation and is, or is | ||||||
22 | alleged
to be, abused, neglected, or financially exploited by | ||||||
23 | another individual or who neglects himself or herself.
| ||||||
24 | (f) "Emergency" means a situation in which an eligible | ||||||
25 | adult is living
in conditions presenting a risk of death or | ||||||
26 | physical, mental or sexual
injury and the provider agency has |
| |||||||
| |||||||
1 | reason to believe the eligible adult is
unable to
consent to | ||||||
2 | services which would alleviate that risk.
| ||||||
3 | (f-1) "Financial exploitation" means the use of an eligible | ||||||
4 | adult's resources by another to the disadvantage of that adult | ||||||
5 | or the profit or advantage of a person other than that adult. | ||||||
6 | (f-5) "Mandated reporter" means any of the following | ||||||
7 | persons
while engaged in carrying out their professional | ||||||
8 | duties:
| ||||||
9 | (1) a professional or professional's delegate while | ||||||
10 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
11 | (iii) education, (iv) the care of an eligible
adult or | ||||||
12 | eligible adults, or (v) any of the occupations required to | ||||||
13 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
14 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
15 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
16 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
17 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
18 | Practice Act, the
Nurse Practice Act, the Nursing Home
| ||||||
19 | Administrators Licensing and
Disciplinary Act, the | ||||||
20 | Illinois Occupational Therapy Practice Act, the Illinois
| ||||||
21 | Optometric Practice Act of 1987, the Pharmacy Practice Act, | ||||||
22 | the
Illinois Physical Therapy Act, the Physician Assistant | ||||||
23 | Practice Act of 1987,
the Podiatric Medical Practice Act of | ||||||
24 | 1987, the Respiratory Care Practice
Act,
the Professional | ||||||
25 | Counselor and
Clinical Professional Counselor Licensing | ||||||
26 | and Practice Act, the Illinois Speech-Language
Pathology |
| |||||||
| |||||||
1 | and Audiology Practice Act, the Veterinary Medicine and | ||||||
2 | Surgery
Practice Act of 2004, and the Illinois Public | ||||||
3 | Accounting Act;
| ||||||
4 | (1.5) an employee of an entity providing developmental | ||||||
5 | disabilities services or service coordination funded by | ||||||
6 | the Department of Human Services; | ||||||
7 | (2) an employee of a vocational rehabilitation | ||||||
8 | facility prescribed or
supervised by the Department of | ||||||
9 | Human Services;
| ||||||
10 | (3) an administrator, employee, or person providing | ||||||
11 | services in or through
an unlicensed community based | ||||||
12 | facility;
| ||||||
13 | (4) any religious practitioner who provides treatment | ||||||
14 | by prayer or spiritual means alone in accordance with the | ||||||
15 | tenets and practices of a recognized church or religious | ||||||
16 | denomination, except as to information received in any | ||||||
17 | confession or sacred communication enjoined by the | ||||||
18 | discipline of the religious denomination to be held | ||||||
19 | confidential;
| ||||||
20 | (5) field personnel of the Department of Healthcare and | ||||||
21 | Family Services, Department of Public
Health, and | ||||||
22 | Department of Human Services, and any county or
municipal | ||||||
23 | health department;
| ||||||
24 | (6) personnel of the Department of Human Services, the | ||||||
25 | Guardianship and
Advocacy Commission, the State Fire | ||||||
26 | Marshal, local fire departments, the
Department on Aging |
| |||||||
| |||||||
1 | and its subsidiary Area Agencies on Aging and provider
| ||||||
2 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
3 | (7) any employee of the State of Illinois not otherwise | ||||||
4 | specified herein
who is involved in providing services to | ||||||
5 | eligible adults, including
professionals providing medical | ||||||
6 | or rehabilitation services and all
other persons having | ||||||
7 | direct contact with eligible adults;
| ||||||
8 | (8) a person who performs the duties of a coroner
or | ||||||
9 | medical examiner; or
| ||||||
10 | (9) a person who performs the duties of a paramedic or | ||||||
11 | an emergency
medical
technician.
| ||||||
12 | (g) "Neglect" means
another individual's failure to | ||||||
13 | provide an eligible
adult with or willful withholding from an | ||||||
14 | eligible adult the necessities of
life including, but not | ||||||
15 | limited to, food, clothing, shelter or health care.
This | ||||||
16 | subsection does not create any new affirmative duty to provide | ||||||
17 | support to
eligible adults. Nothing in this Act shall be | ||||||
18 | construed to mean that an
eligible adult is a victim of neglect | ||||||
19 | because of health care services provided
or not provided by | ||||||
20 | licensed health care professionals.
| ||||||
21 | (h) "Provider agency" means any public or nonprofit agency | ||||||
22 | in a planning
and service area that is selected by the | ||||||
23 | Department or appointed by the regional administrative agency | ||||||
24 | with prior
approval by the Department on Aging to receive and | ||||||
25 | assess reports of
alleged or suspected abuse, neglect, or | ||||||
26 | financial exploitation. A provider agency is also referenced as |
| |||||||
| |||||||
1 | a "designated agency" in this Act.
| ||||||
2 | (i) "Regional administrative agency" means any public or | ||||||
3 | nonprofit
agency in a planning and service area that provides | ||||||
4 | regional oversight and performs functions as set forth in | ||||||
5 | subsection (b) of Section 3 of this Act. The Department shall | ||||||
6 | designate an Area Agency on Aging as the regional | ||||||
7 | administrative agency or, in the event the Area Agency on Aging | ||||||
8 | in that planning and service area is deemed by the Department | ||||||
9 | to be unwilling or unable to provide those functions, the | ||||||
10 | Department may serve as the regional administrative agency or | ||||||
11 | designate another qualified entity to serve as the regional | ||||||
12 | administrative agency; any such designation shall be subject to | ||||||
13 | terms set forth by the Department.
| ||||||
14 | (i-5) "Self-neglect" means a condition that is the result | ||||||
15 | of an eligible adult's inability, due to physical or mental | ||||||
16 | impairments, or both, or a diminished capacity, to perform | ||||||
17 | essential self-care tasks that substantially threaten his or | ||||||
18 | her own health, including: providing essential food, clothing, | ||||||
19 | shelter, and health care; and obtaining goods and services | ||||||
20 | necessary to maintain physical health, mental health, | ||||||
21 | emotional well-being, and general safety. The term includes | ||||||
22 | compulsive hoarding, which is characterized by the acquisition | ||||||
23 | and retention of large quantities of items and materials that | ||||||
24 | produce an extensively cluttered living space, which | ||||||
25 | significantly impairs the performance of essential self-care | ||||||
26 | tasks or otherwise substantially threatens life or safety.
|
| |||||||
| |||||||
1 | (j) "Substantiated case" means a reported case of alleged | ||||||
2 | or suspected
abuse, neglect, financial exploitation, or | ||||||
3 | self-neglect in which a provider agency,
after assessment, | ||||||
4 | determines that there is reason to believe abuse,
neglect, or | ||||||
5 | financial exploitation has occurred.
| ||||||
6 | (k) "Verified" means a determination that there is "clear | ||||||
7 | and convincing evidence" that the specific injury or harm | ||||||
8 | alleged was the result of abuse, neglect, or financial | ||||||
9 | exploitation. | ||||||
10 | (Source: P.A. 98-49, eff. 7-1-13; 98-104, eff. 7-22-13; 98-756, | ||||||
11 | eff. 7-16-14; 98-1039, eff. 8-25-14; 99-180, eff. 7-29-15.)
| ||||||
12 | Section 100. The Environmental Protection Act is amended by | ||||||
13 | changing Sections 22.51, 22.51a, 57.2, 57.8, 57.10, 58.2, 58.6, | ||||||
14 | and 58.7 as follows:
| ||||||
15 | (415 ILCS 5/22.51)
| ||||||
16 | Sec. 22.51. Clean Construction or Demolition Debris Fill | ||||||
17 | Operations. | ||||||
18 | (a) No person shall conduct any clean construction or | ||||||
19 | demolition debris fill operation in violation of this Act or | ||||||
20 | any regulations or standards adopted by the Board. | ||||||
21 | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, | ||||||
22 | 2008, no person shall use clean construction or demolition | ||||||
23 | debris as fill material in a current or former quarry, mine, or | ||||||
24 | other excavation, unless they have applied for an interim |
| |||||||
| |||||||
1 | authorization from the Agency for the clean construction or | ||||||
2 | demolition debris fill operation. | ||||||
3 | (B) The Agency shall approve an interim authorization upon | ||||||
4 | its receipt of a written application for the interim | ||||||
5 | authorization that is signed by the site owner and the site | ||||||
6 | operator, or their duly authorized agent, and that contains the | ||||||
7 | following information: (i) the location of the site where the | ||||||
8 | clean construction or demolition debris fill operation is | ||||||
9 | taking place, (ii) the name and address of the site owner, | ||||||
10 | (iii) the name and address of the site operator, and (iv) the | ||||||
11 | types and amounts of clean construction or demolition debris | ||||||
12 | being used as fill material at the site. | ||||||
13 | (C) The Agency may deny an interim authorization if the | ||||||
14 | site owner or the site operator, or their duly authorized | ||||||
15 | agent, fails to provide to the Agency the information listed in | ||||||
16 | subsection (b)(1)(B) of
this Section. Any denial of an interim | ||||||
17 | authorization shall be subject to appeal to the Board in | ||||||
18 | accordance with the procedures of Section 40 of this Act. | ||||||
19 | (D) No person shall use clean construction or demolition | ||||||
20 | debris as fill material in a current or former quarry, mine, or | ||||||
21 | other excavation for which the Agency has denied interim | ||||||
22 | authorization under subsection (b)(1)(C) of this Section. The | ||||||
23 | Board may stay the prohibition of this subsection (D) during | ||||||
24 | the pendency of an appeal of the Agency's denial of the interim | ||||||
25 | authorization brought under subsection (b)(1)(C) of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (2) Beginning September 1, 2006, owners and
operators of | ||||||
2 | clean construction or demolition debris fill operations shall, | ||||||
3 | in accordance with a schedule prescribed by the Agency, submit | ||||||
4 | to the Agency applications for the
permits required under this | ||||||
5 | Section. The Agency shall notify owners and operators in | ||||||
6 | writing of the due date for their permit application. The due | ||||||
7 | date shall be no less than 90 days after the date of the | ||||||
8 | Agency's written notification. Owners and operators who do not | ||||||
9 | receive a written notification from the Agency by October 1, | ||||||
10 | 2007, shall submit a permit application to the Agency by | ||||||
11 | January 1, 2008. The interim authorization of owners and | ||||||
12 | operators who fail to submit a permit application to the Agency | ||||||
13 | by the permit application's due date shall terminate on (i) the | ||||||
14 | due
date established by the Agency if the owner or operator | ||||||
15 | received a written notification from the Agency prior to
| ||||||
16 | October 1, 2007, or (ii) or January 1, 2008, if the owner or | ||||||
17 | operator did not receive a written notification from the Agency | ||||||
18 | by October 1, 2007. | ||||||
19 | (3) On and after July 1, 2008, no person shall use clean | ||||||
20 | construction or demolition debris as fill material in a current | ||||||
21 | or former quarry, mine, or other excavation (i) without a | ||||||
22 | permit granted by the Agency for the clean construction or | ||||||
23 | demolition debris fill operation or in violation of any | ||||||
24 | conditions imposed by such permit, including periodic reports | ||||||
25 | and full access to adequate records and the inspection of | ||||||
26 | facilities, as may be necessary to assure compliance with this |
| |||||||
| |||||||
1 | Act and with Board regulations and standards adopted under this | ||||||
2 | Act or (ii) in violation of any regulations or standards | ||||||
3 | adopted by the Board under this Act. | ||||||
4 | (4) This subsection (b) does not apply to: | ||||||
5 | (A) the use of clean construction or demolition debris | ||||||
6 | as fill material in a current or former quarry, mine, or | ||||||
7 | other excavation located on the site where the clean | ||||||
8 | construction or demolition debris was generated; | ||||||
9 | (B) the use of clean construction or demolition debris | ||||||
10 | as fill material in an excavation other than a current or | ||||||
11 | former quarry or mine if this use complies with Illinois | ||||||
12 | Department of Transportation specifications; or
| ||||||
13 | (C) current or former quarries, mines, and other | ||||||
14 | excavations that do not use clean construction or | ||||||
15 | demolition debris as fill material.
| ||||||
16 | (c) In accordance with Title VII of this Act, the Board may | ||||||
17 | adopt regulations to promote the purposes of this Section. The | ||||||
18 | Agency shall consult with the mining and construction | ||||||
19 | industries during the development of any regulations to promote | ||||||
20 | the purposes of this Section. | ||||||
21 | (1) No later than December 15, 2005, the Agency shall | ||||||
22 | propose to the Board, and no later than September 1, 2006, | ||||||
23 | the Board shall adopt, regulations for the use of clean | ||||||
24 | construction or demolition debris as fill material in | ||||||
25 | current and former quarries, mines, and other excavations. | ||||||
26 | Such regulations shall include, but shall not be limited |
| |||||||
| |||||||
1 | to, standards for clean construction or demolition debris | ||||||
2 | fill operations and the submission and review of permits | ||||||
3 | required under this Section. | ||||||
4 | (2) Until the Board adopts rules under subsection | ||||||
5 | (c)(1) of this Section, all persons using clean | ||||||
6 | construction or
demolition debris as fill material in a | ||||||
7 | current or former quarry, mine, or other excavation shall: | ||||||
8 | (A) Assure that only clean construction or | ||||||
9 | demolition debris is being used as fill material by | ||||||
10 | screening each truckload of material received using a | ||||||
11 | device approved by the Agency that detects volatile | ||||||
12 | organic compounds. Such devices may include, but are | ||||||
13 | not limited to, photo ionization detectors. All | ||||||
14 | screening devices shall be operated and maintained in | ||||||
15 | accordance with manufacturer's specifications. | ||||||
16 | Unacceptable fill material shall be rejected from the | ||||||
17 | site; and | ||||||
18 | (B) Retain for a minimum of 3 years the following | ||||||
19 | information: | ||||||
20 | (i) The name of the hauler, the name of the | ||||||
21 | generator, and place of origin of the debris or | ||||||
22 | soil; | ||||||
23 | (ii) The approximate weight or volume of the | ||||||
24 | debris or soil; and | ||||||
25 | (iii) The date the debris or soil was received. | ||||||
26 | (d) This Section applies only to clean construction or |
| |||||||
| |||||||
1 | demolition debris that is not considered "waste" as provided in | ||||||
2 | Section 3.160 of this Act. | ||||||
3 | (e) For purposes of this Section: | ||||||
4 | (1) The term "operator" means a person responsible for | ||||||
5 | the operation and maintenance of a clean construction or | ||||||
6 | demolition debris fill operation. | ||||||
7 | (2) The term "owner" means a person who has any direct | ||||||
8 | or indirect interest in a clean construction or demolition | ||||||
9 | debris fill operation or in land on which a person operates | ||||||
10 | and maintains a clean construction or demolition debris | ||||||
11 | fill operation. A "direct or indirect interest" does not | ||||||
12 | include the ownership of publicly traded stock. The "owner" | ||||||
13 | is the "operator" if there is no other person who is | ||||||
14 | operating and maintaining a clean construction or | ||||||
15 | demolition debris fill operation.
| ||||||
16 | (3) The term "clean construction or demolition debris | ||||||
17 | fill operation" means a current or former quarry, mine, or | ||||||
18 | other excavation where clean construction or demolition | ||||||
19 | debris is used as fill material. | ||||||
20 | (4) The term "uncontaminated soil" shall have the same | ||||||
21 | meaning as uncontaminated soil under Section 3.160 of this | ||||||
22 | Act. | ||||||
23 | (f)(1) No later than one year after the effective date of | ||||||
24 | this amendatory Act of the 96th General Assembly, the Agency | ||||||
25 | shall propose to the Board, and, no later than one year after | ||||||
26 | the Board's receipt of the Agency's proposal, the Board shall |
| |||||||
| |||||||
1 | adopt, rules for the use of clean construction or demolition | ||||||
2 | debris and uncontaminated soil as fill material at clean | ||||||
3 | construction or demolition debris fill operations. The rules | ||||||
4 | must include standards and procedures necessary to protect | ||||||
5 | groundwater, which may include, but shall not be limited to, | ||||||
6 | the following: requirements regarding testing and | ||||||
7 | certification of soil used as fill material, surface water | ||||||
8 | runoff, liners or other protective barriers, monitoring | ||||||
9 | (including, but not limited to, groundwater monitoring), | ||||||
10 | corrective action, recordkeeping, reporting, closure and | ||||||
11 | post-closure care, financial assurance, post-closure land use | ||||||
12 | controls, location standards, and the modification of existing | ||||||
13 | permits to conform to the requirements of this Act and Board | ||||||
14 | rules. The rules may also include limits on the use of | ||||||
15 | recyclable concrete and asphalt as fill material at clean | ||||||
16 | construction or demolition debris fill operations, taking into | ||||||
17 | account factors such as technical feasibility, economic | ||||||
18 | reasonableness, and the availability of markets for such | ||||||
19 | materials. | ||||||
20 | (2) Until the effective date of the Board rules adopted | ||||||
21 | under subdivision (f)(1) of this Section, and in addition to | ||||||
22 | any other requirements, owners and operators of clean | ||||||
23 | construction or demolition debris fill operations must do all | ||||||
24 | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | ||||||
25 | this Section for all clean construction or demolition debris | ||||||
26 | and uncontaminated soil accepted for use as fill material. The |
| |||||||
| |||||||
1 | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of | ||||||
2 | this Section shall not limit any rules adopted by the Board. | ||||||
3 | (A) Document the following information for each load of | ||||||
4 | clean construction or demolition debris or uncontaminated | ||||||
5 | soil received: (i) the name of the hauler, the address of | ||||||
6 | the site of origin, and the owner and the operator of the | ||||||
7 | site of origin of the clean construction or demolition | ||||||
8 | debris or uncontaminated soil, (ii) the weight or volume of | ||||||
9 | the clean construction or demolition debris or | ||||||
10 | uncontaminated soil, and (iii) the date the clean | ||||||
11 | construction or demolition debris or uncontaminated soil | ||||||
12 | was received. | ||||||
13 | (B) For all soil, obtain either (i) a certification | ||||||
14 | from the owner or operator of the site from which the soil | ||||||
15 | was removed that the site has never been used for | ||||||
16 | commercial or industrial purposes and is presumed to be | ||||||
17 | uncontaminated soil or (ii) a certification from a licensed | ||||||
18 | Professional Engineer or a professional geologist licensed | ||||||
19 | Professional Geologist that the soil is uncontaminated | ||||||
20 | soil. Certifications required under this subdivision | ||||||
21 | (f)(2)(B) must be on forms and in a format prescribed by | ||||||
22 | the Agency. | ||||||
23 | (C) Confirm that the clean construction or demolition | ||||||
24 | debris or uncontaminated soil was not removed from a site | ||||||
25 | as part of a cleanup or removal of contaminants, including, | ||||||
26 | but not limited to, activities conducted under the |
| |||||||
| |||||||
1 | Comprehensive Environmental Response, Compensation, and | ||||||
2 | Liability Act of 1980, as amended; as part of a Closure or | ||||||
3 | Corrective Action under the Resource Conservation and | ||||||
4 | Recovery Act, as amended; or under an Agency remediation | ||||||
5 | program, such as the Leaking Underground Storage Tank | ||||||
6 | Program or Site Remediation Program, but excluding sites | ||||||
7 | subject to Section 58.16 of this Act where there is no | ||||||
8 | presence or likely presence of a release or a substantial | ||||||
9 | threat of a release of a regulated substance at, on, or | ||||||
10 | from the real property. | ||||||
11 | (D) Document all activities required under subdivision | ||||||
12 | (f)(2) of this Section. Documentation of any chemical | ||||||
13 | analysis must include, but is not limited to, (i) a copy of | ||||||
14 | the lab analysis, (ii) accreditation status of the | ||||||
15 | laboratory performing the analysis, and (iii) | ||||||
16 | certification by an authorized agent of the laboratory that | ||||||
17 | the analysis has been performed in accordance with the | ||||||
18 | Agency's rules for the accreditation of environmental | ||||||
19 | laboratories and the scope of accreditation. | ||||||
20 | (3) Owners and operators of clean construction or | ||||||
21 | demolition debris fill operations must maintain all | ||||||
22 | documentation required under subdivision (f)(2) of this | ||||||
23 | Section for a minimum of 3 years following the receipt of each | ||||||
24 | load of clean construction or demolition debris or | ||||||
25 | uncontaminated soil, except that documentation relating to an | ||||||
26 | appeal, litigation, or other disputed claim must be maintained |
| |||||||
| |||||||
1 | until at least 3 years after the date of the final disposition | ||||||
2 | of the appeal, litigation, or other disputed claim. Copies of | ||||||
3 | the documentation must be made available to the Agency and to | ||||||
4 | units of local government for inspection and copying during | ||||||
5 | normal business hours. The Agency may prescribe forms and | ||||||
6 | formats for the documentation required under subdivision | ||||||
7 | (f)(2) of this Section. | ||||||
8 | Chemical analysis conducted under subdivision (f)(2) of | ||||||
9 | this Section must be conducted in accordance with the | ||||||
10 | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | ||||||
11 | Methods for Evaluating Solid Waste, Physical/Chemical | ||||||
12 | Methods", USEPA Publication No. SW-846, as amended. | ||||||
13 | (g)(1) No person shall use soil other than uncontaminated | ||||||
14 | soil as fill material at a clean construction or demolition | ||||||
15 | debris fill operation. | ||||||
16 | (2) No person shall use construction or demolition debris | ||||||
17 | other than clean construction or demolition debris as fill | ||||||
18 | material at a clean construction or demolition debris fill | ||||||
19 | operation.
| ||||||
20 | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
| ||||||
21 | (415 ILCS 5/22.51a) | ||||||
22 | Sec. 22.51a. Uncontaminated Soil Fill Operations. | ||||||
23 | (a) For purposes of this Section: | ||||||
24 | (1) The term "uncontaminated soil" shall have the same | ||||||
25 | meaning as uncontaminated soil under Section 3.160 of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (2) The term "uncontaminated soil fill operation" | ||||||
3 | means a current or former quarry, mine, or other excavation | ||||||
4 | where uncontaminated soil is used as fill material, but | ||||||
5 | does not include a clean construction or demolition debris | ||||||
6 | fill operation. | ||||||
7 | (b) No person shall use soil other than uncontaminated soil | ||||||
8 | as fill material at an uncontaminated soil fill operation. | ||||||
9 | (c) Owners and operators of uncontaminated soil fill | ||||||
10 | operations must register the fill operations with the Agency. | ||||||
11 | Uncontaminated soil fill operations that received | ||||||
12 | uncontaminated soil prior to the effective date of this | ||||||
13 | amendatory Act of the 96th General Assembly must be registered | ||||||
14 | with the Agency no later than March 31, 2011. Uncontaminated | ||||||
15 | soil fill operations that first receive uncontaminated soil on | ||||||
16 | or after the effective date of this amendatory Act of the 96th | ||||||
17 | General Assembly must be registered with the Agency prior to | ||||||
18 | the receipt of any uncontaminated soil. Registrations must be | ||||||
19 | submitted on forms and in a format prescribed by the Agency. | ||||||
20 | (d)(1) No later than one year after the effective date of | ||||||
21 | this amendatory Act of the 96th General Assembly, the Agency | ||||||
22 | shall propose to the Board, and, no later than one year after | ||||||
23 | the Board's receipt of the Agency's proposal, the Board shall | ||||||
24 | adopt, rules for the use of uncontaminated soil as fill | ||||||
25 | material at uncontaminated soil fill operations. The rules must | ||||||
26 | include standards and procedures necessary to protect |
| |||||||
| |||||||
1 | groundwater, which shall include, but shall not be limited to, | ||||||
2 | testing and certification of soil used as fill material and | ||||||
3 | requirements for recordkeeping. | ||||||
4 | (2) Until the effective date of the Board rules adopted | ||||||
5 | under subdivision (d)(1) of this Section, owners and operators | ||||||
6 | of uncontaminated soil fill operations must do all of the | ||||||
7 | following in subdivisions (d)(2)(A) through (d)(2)(F) of this | ||||||
8 | Section for all uncontaminated soil accepted for use as fill | ||||||
9 | material. The requirements in subdivisions (d)(2)(A) through | ||||||
10 | (d)(2)(F) of this Section shall not limit any rules adopted by | ||||||
11 | the Board. | ||||||
12 | (A) Document the following information for each load of | ||||||
13 | uncontaminated soil received: (i) the name of the hauler, | ||||||
14 | the address of the site of origin, and the owner and the | ||||||
15 | operator of the site of origin of the uncontaminated soil, | ||||||
16 | (ii) the weight or volume of the uncontaminated soil, and | ||||||
17 | (iii) the date the uncontaminated soil was received. | ||||||
18 | (B) Obtain either (i) a certification from the owner or | ||||||
19 | operator of the site from which the soil was removed that | ||||||
20 | the site has never been used for commercial or industrial | ||||||
21 | purposes and is presumed to be uncontaminated soil or (ii) | ||||||
22 | a certification from a licensed Professional Engineer or a | ||||||
23 | professional geologist licensed Professional Geologist | ||||||
24 | that the soil is uncontaminated soil. Certifications | ||||||
25 | required under this subdivision (d)(2)(B) must be on forms | ||||||
26 | and in a format prescribed by the Agency. |
| |||||||
| |||||||
1 | (C) Confirm that the uncontaminated soil was not | ||||||
2 | removed from a site as part of a cleanup or removal of | ||||||
3 | contaminants, including, but not limited to, activities | ||||||
4 | conducted under the Comprehensive Environmental Response, | ||||||
5 | Compensation, and Liability Act of 1980, as amended; as | ||||||
6 | part of a Closure or Corrective Action under the Resource | ||||||
7 | Conservation and Recovery Act, as amended; or under an | ||||||
8 | Agency remediation program, such as the Leaking | ||||||
9 | Underground Storage Tank Program or Site Remediation | ||||||
10 | Program, but excluding sites subject to Section 58.16 of | ||||||
11 | this Act where there is no presence or likely presence of a | ||||||
12 | release or a substantial threat of a release of a regulated | ||||||
13 | substance at, on, or from the real property. | ||||||
14 | (D) Visually inspect each load to confirm that only | ||||||
15 | uncontaminated soil is being accepted for use as fill | ||||||
16 | material. | ||||||
17 | (E) Screen each load of uncontaminated soil using a | ||||||
18 | device that is approved by the Agency and detects volatile | ||||||
19 | organic compounds. Such a device may include, but is not | ||||||
20 | limited to, a photo ionization detector or a flame | ||||||
21 | ionization detector. All screening devices shall be | ||||||
22 | operated and maintained in accordance with the | ||||||
23 | manufacturer's specifications. Unacceptable soil must be | ||||||
24 | rejected from the fill operation. | ||||||
25 | (F) Document all activities required under subdivision | ||||||
26 | (d)(2) of this Section. Documentation of any chemical |
| |||||||
| |||||||
1 | analysis must include, but is not limited to, (i) a copy of | ||||||
2 | the lab analysis, (ii) accreditation status of the | ||||||
3 | laboratory performing the analysis, and (iii) | ||||||
4 | certification by an authorized agent of the laboratory that | ||||||
5 | the analysis has been performed in accordance with the | ||||||
6 | Agency's rules for the accreditation of environmental | ||||||
7 | laboratories and the scope of accreditation. | ||||||
8 | (3) Owners and operators of uncontaminated soil fill | ||||||
9 | operations must maintain all documentation required under | ||||||
10 | subdivision (d)(2) of this Section for a minimum of 3 years | ||||||
11 | following the receipt of each load of uncontaminated soil, | ||||||
12 | except that documentation relating to an appeal, litigation, or | ||||||
13 | other disputed claim must be maintained until at least 3 years | ||||||
14 | after the date of the final disposition of the appeal, | ||||||
15 | litigation, or other disputed claim. Copies of the | ||||||
16 | documentation must be made available to the Agency and to units | ||||||
17 | of local government for inspection and copying during normal | ||||||
18 | business hours. The Agency may prescribe forms and formats for | ||||||
19 | the documentation required under subdivision (d)(2) of this | ||||||
20 | Section. | ||||||
21 | Chemical analysis conducted under subdivision (d)(2) of | ||||||
22 | this Section must be conducted in accordance with the | ||||||
23 | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | ||||||
24 | Methods for Evaluating Solid Waste, Physical/Chemical | ||||||
25 | Methods", USEPA Publication No. SW-846, as amended.
| ||||||
26 | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/57.2)
| ||||||
2 | Sec. 57.2. Definitions. As used in this Title:
| ||||||
3 | "Audit" means a systematic inspection or examination of | ||||||
4 | plans, reports,
records, or documents to determine the | ||||||
5 | completeness and accuracy of the data
and
conclusions contained | ||||||
6 | therein.
| ||||||
7 | "Bodily injury" means bodily injury, sickness, or disease | ||||||
8 | sustained by a
person, including death at any time, resulting | ||||||
9 | from a release of petroleum from
an underground storage tank.
| ||||||
10 | "Release" means any spilling, leaking, emitting, | ||||||
11 | discharging,
escaping, leaching or disposing of petroleum from | ||||||
12 | an underground storage tank
into groundwater, surface water or | ||||||
13 | subsurface soils.
| ||||||
14 | "Fill material" means non-native or disturbed materials | ||||||
15 | used to bed and
backfill around an underground storage tank.
| ||||||
16 | "Fund" means the Underground Storage Tank Fund.
| ||||||
17 | "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - | ||||||
18 | light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 | ||||||
19 | technical grades of fuel oil; and
other residual fuel oils | ||||||
20 | including Navy Special Fuel Oil and Bunker C.
| ||||||
21 | "Indemnification" means indemnification of an owner or | ||||||
22 | operator for the
amount of any judgment entered against the | ||||||
23 | owner or operator in a court of law,
for the amount of any | ||||||
24 | final order or determination made against the owner or
operator | ||||||
25 | by an agency of State government or any subdivision thereof, or |
| |||||||
| |||||||
1 | for
the amount of any settlement entered into by the owner or | ||||||
2 | operator, if the
judgment, order, determination, or settlement | ||||||
3 | arises out of bodily injury or
property damage suffered as a | ||||||
4 | result of a release of petroleum from an
underground storage | ||||||
5 | tank owned or operated by the owner or operator.
| ||||||
6 | "Corrective action" means activities associated with | ||||||
7 | compliance with the
provisions of Sections 57.6 and 57.7 of | ||||||
8 | this Title.
| ||||||
9 | "Occurrence" means an accident, including continuous or | ||||||
10 | repeated exposure
to conditions, that results in a sudden or | ||||||
11 | nonsudden release from an
underground storage tank.
| ||||||
12 | When used in connection with, or when otherwise relating | ||||||
13 | to, underground
storage tanks, the terms "facility", "owner", | ||||||
14 | "operator", "underground storage
tank", "(UST)", "petroleum" | ||||||
15 | and "regulated substance" shall have the meanings
ascribed to | ||||||
16 | them in Subtitle I of the Hazardous and Solid Waste Amendments | ||||||
17 | of
1984 (P.L. 98-616), of the Resource Conservation and | ||||||
18 | Recovery Act of 1976 (P.L.
94-580); provided however that the | ||||||
19 | term "underground storage tank" shall also
mean an underground | ||||||
20 | storage tank used exclusively to store heating oil for
| ||||||
21 | consumptive use on the premises where stored and which serves | ||||||
22 | other than a farm
or residential unit; provided further however | ||||||
23 | that the term "owner" shall also mean any person who has | ||||||
24 | submitted to the Agency a written election to proceed under | ||||||
25 | this Title and has acquired an ownership interest in a site on | ||||||
26 | which one or more registered tanks have been removed, but on |
| |||||||
| |||||||
1 | which corrective action has not yet resulted in the issuance of | ||||||
2 | a "no further remediation letter" by the Agency pursuant to | ||||||
3 | this Title.
| ||||||
4 | "Licensed Professional Engineer" means a person, | ||||||
5 | corporation, or
partnership licensed under the laws of the | ||||||
6 | State of Illinois to practice
professional engineering.
| ||||||
7 | "Licensed Professional Geologist" means a person licensed | ||||||
8 | under the laws of
the State of Illinois to practice as a | ||||||
9 | professional geologist.
| ||||||
10 | "Site" means any single location, place, tract of land or | ||||||
11 | parcel
of property including contiguous property not separated | ||||||
12 | by a public
right-of-way.
| ||||||
13 | "Site investigation" means activities associated with | ||||||
14 | compliance with the
provisions of subsection (a) of Section | ||||||
15 | 57.7.
| ||||||
16 | "Property damage" means physical injury to, destruction | ||||||
17 | of, or contamination
of tangible property, including all | ||||||
18 | resulting loss of use of that property; or
loss of use of | ||||||
19 | tangible property that is not physically injured, destroyed, or
| ||||||
20 | contaminated, but has been evacuated, withdrawn from use, or | ||||||
21 | rendered
inaccessible because of a release of petroleum from an | ||||||
22 | underground storage
tank.
| ||||||
23 | "Class I Groundwater" means groundwater that meets the | ||||||
24 | Class I: Potable
Resource Groundwater criteria set forth in the | ||||||
25 | Board regulations adopted
pursuant to the Illinois Groundwater | ||||||
26 | Protection Act.
|
| |||||||
| |||||||
1 | "Class III Groundwater" means groundwater that meets the | ||||||
2 | Class III: Special
Resource Groundwater criteria set forth in | ||||||
3 | the Board regulations adopted
pursuant to the Illinois | ||||||
4 | Groundwater Protection Act.
| ||||||
5 | (Source: P.A. 94-274, eff. 1-1-06.)
| ||||||
6 | (415 ILCS 5/57.8)
| ||||||
7 | Sec. 57.8. Underground Storage Tank Fund; payment; options | ||||||
8 | for State payment;
deferred correction election to commence | ||||||
9 | corrective action upon availability of
funds. If an owner or | ||||||
10 | operator is eligible to access the Underground Storage
Tank | ||||||
11 | Fund pursuant to an Office of State Fire Marshal | ||||||
12 | eligibility/deductible
final determination letter issued in | ||||||
13 | accordance with Section 57.9, the owner or
operator may submit | ||||||
14 | a complete application for final or partial payment to the
| ||||||
15 | Agency for activities taken in response to a confirmed release. | ||||||
16 | An owner or
operator may submit a request for partial or final | ||||||
17 | payment regarding a site no
more frequently than once every 90 | ||||||
18 | days.
| ||||||
19 | (a) Payment after completion of corrective action | ||||||
20 | measures.
The owner or operator may submit an application for | ||||||
21 | payment for
activities performed at a site after completion of | ||||||
22 | the requirements of Sections
57.6 and 57.7, or after completion | ||||||
23 | of any other required activities at the
underground storage | ||||||
24 | tank site.
| ||||||
25 | (1) In the case of any approved plan and budget for |
| |||||||
| |||||||
1 | which payment is
being sought, the Agency shall make a | ||||||
2 | payment determination within 120 days of
receipt of the | ||||||
3 | application. Such determination shall be considered a | ||||||
4 | final
decision. The Agency's review shall be limited to | ||||||
5 | generally accepted auditing
and accounting practices. In | ||||||
6 | no case shall the Agency conduct additional
review of any | ||||||
7 | plan which was completed within the budget, beyond auditing | ||||||
8 | for
adherence to the corrective action measures in the | ||||||
9 | proposal. If the Agency
fails to approve the payment | ||||||
10 | application within 120 days, such application
shall be | ||||||
11 | deemed approved by operation of law and the Agency shall | ||||||
12 | proceed to
reimburse the owner or operator the amount | ||||||
13 | requested in the payment
application. However, in no event | ||||||
14 | shall the Agency reimburse the owner or
operator an amount | ||||||
15 | greater than the amount approved in the plan.
| ||||||
16 | (2) If sufficient funds are available in the | ||||||
17 | Underground Storage Tank
Fund, the Agency shall, within 60 | ||||||
18 | days, forward to the Office of the State
Comptroller a | ||||||
19 | voucher in the amount approved under the payment | ||||||
20 | application.
| ||||||
21 | (3) In the case of insufficient funds, the Agency shall | ||||||
22 | form a priority
list for payment and shall notify
persons | ||||||
23 | in such
priority list monthly of the availability of funds | ||||||
24 | and when payment shall be
made. Payment shall be made to | ||||||
25 | the owner or operator at such time as
sufficient funds | ||||||
26 | become available for the costs associated with site
|
| |||||||
| |||||||
1 | investigation and corrective
action and costs expended for | ||||||
2 | activities performed where no proposal is
required, if | ||||||
3 | applicable. Such priority list shall be available to any | ||||||
4 | owner or
operator upon request. Priority for payment shall | ||||||
5 | be determined by the date the
Agency receives a complete | ||||||
6 | request for partial or final payment. Upon receipt
of | ||||||
7 | notification from the Agency that the requirements of this | ||||||
8 | Title have been
met, the Comptroller shall make payment to | ||||||
9 | the owner or operator of the amount
approved by the Agency, | ||||||
10 | if sufficient money exists in the Fund. If there is
| ||||||
11 | insufficient money in the Fund, then payment shall not be | ||||||
12 | made. If the owner
or operator appeals a final Agency | ||||||
13 | payment determination and it is determined
that the owner | ||||||
14 | or operator is eligible for payment or additional payment, | ||||||
15 | the
priority date for the payment or additional payment | ||||||
16 | shall be the same as the
priority date assigned to the | ||||||
17 | original request for partial or final payment.
| ||||||
18 | (4) Any deductible, as determined pursuant to the | ||||||
19 | Office of the State Fire
Marshal's eligibility and | ||||||
20 | deductibility final determination in accordance with
| ||||||
21 | Section 57.9, shall be subtracted from any payment invoice | ||||||
22 | paid to an eligible
owner or operator. Only one deductible | ||||||
23 | shall apply per underground storage
tank site.
| ||||||
24 | (5) In the event that costs are or will be incurred in | ||||||
25 | addition to those
approved by the Agency, or after payment, | ||||||
26 | the owner or operator may submit
successive plans |
| |||||||
| |||||||
1 | containing amended budgets. The requirements of Section | ||||||
2 | 57.7
shall apply to any amended plans.
| ||||||
3 | (6) For purposes of this Section, a complete | ||||||
4 | application shall consist of:
| ||||||
5 | (A) A certification from a Licensed Professional | ||||||
6 | Engineer or a professional geologist Licensed
| ||||||
7 | Professional Geologist as required
under this Title | ||||||
8 | and acknowledged by the owner or operator.
| ||||||
9 | (B) A statement of the amounts approved in the | ||||||
10 | budget and the amounts
actually sought for payment | ||||||
11 | along with a certified statement by the owner or
| ||||||
12 | operator that the amounts so
sought were expended in | ||||||
13 | conformance with the approved budget.
| ||||||
14 | (C) A copy of the Office of the State Fire | ||||||
15 | Marshal's eligibility and
deductibility determination.
| ||||||
16 | (D) Proof that approval of the payment requested | ||||||
17 | will not result in the
limitations set forth in | ||||||
18 | subsection (g) of this Section being exceeded.
| ||||||
19 | (E) A federal taxpayer identification number and | ||||||
20 | legal status disclosure
certification on a form | ||||||
21 | prescribed and provided by the Agency.
| ||||||
22 | (F) If the Agency determined under subsection | ||||||
23 | (c)(3) of Section 57.7 of this Act that corrective | ||||||
24 | action must include a project labor agreement, a | ||||||
25 | certification from the owner or operator that the | ||||||
26 | corrective action was (i) performed under a project |
| |||||||
| |||||||
1 | labor agreement that meets the requirements of Section | ||||||
2 | 25 of the Project Labor Agreements Act and (ii) | ||||||
3 | implemented in a manner consistent with the terms and | ||||||
4 | conditions of the Project Labor Agreements Act and in | ||||||
5 | full compliance with all statutes, regulations, and | ||||||
6 | Executive Orders as required under that Act and the | ||||||
7 | Prevailing Wage Act. | ||||||
8 | (b) Commencement of site investigation or corrective | ||||||
9 | action upon
availability of funds.
The Board shall adopt | ||||||
10 | regulations setting forth procedures based on risk to
human | ||||||
11 | health or the environment under which the owner or operator who | ||||||
12 | has
received approval for any budget plan submitted pursuant to | ||||||
13 | Section
57.7, and who is eligible for payment from the | ||||||
14 | Underground Storage Tank Fund
pursuant to an Office of the | ||||||
15 | State Fire Marshal eligibility and deductibility
| ||||||
16 | determination, may elect to defer site investigation or | ||||||
17 | corrective action activities until funds are available
in
an | ||||||
18 | amount equal to the amount approved in the budget. The | ||||||
19 | regulations
shall establish criteria based on risk to human | ||||||
20 | health or the environment to be
used for determining on a | ||||||
21 | site-by-site basis whether deferral is appropriate.
The | ||||||
22 | regulations also shall establish the minimum investigatory | ||||||
23 | requirements for
determining whether the risk based criteria | ||||||
24 | are present at a site considering
deferral and procedures for | ||||||
25 | the notification of owners or operators of
insufficient funds, | ||||||
26 | Agency review of request for deferral, notification of
Agency |
| |||||||
| |||||||
1 | final decisions, returning deferred sites to active status, and
| ||||||
2 | earmarking of funds for payment.
| ||||||
3 | (c) When the owner or operator requests indemnification for | ||||||
4 | payment of costs
incurred as a result of a release of petroleum | ||||||
5 | from an underground storage
tank, if the owner or operator has | ||||||
6 | satisfied the requirements of subsection (a)
of this Section, | ||||||
7 | the Agency shall forward a copy of the request to the Attorney
| ||||||
8 | General. The Attorney General shall review and approve the | ||||||
9 | request for
indemnification if:
| ||||||
10 | (1) there is a legally enforceable judgment entered | ||||||
11 | against the owner or
operator and such judgment was entered | ||||||
12 | due to harm caused by a release of
petroleum from an | ||||||
13 | underground storage tank and such judgment was not entered | ||||||
14 | as
a result of fraud; or
| ||||||
15 | (2) a settlement with a third party due to a release of | ||||||
16 | petroleum from an
underground storage tank is reasonable.
| ||||||
17 | (d) Notwithstanding any other provision of this Title, the | ||||||
18 | Agency shall not
approve payment to an owner or operator from | ||||||
19 | the Fund for costs of corrective
action or indemnification | ||||||
20 | incurred during a calendar year in excess of the
following | ||||||
21 | aggregate amounts based on the number of petroleum underground
| ||||||
22 | storage tanks owned or operated by such owner or operator in | ||||||
23 | Illinois.
| ||||||
24 | Amount Number of Tanks
| ||||||
25 | $2,000,000 ........................fewer than 101
| ||||||
26 | $3,000,000 ................................101 or more
|
| |||||||
| |||||||
1 | (1) Costs incurred in excess of the aggregate amounts | ||||||
2 | set forth in
paragraph (1) of this subsection shall not be | ||||||
3 | eligible for payment in
subsequent years.
| ||||||
4 | (2) For purposes of this subsection, requests | ||||||
5 | submitted by any of the
agencies, departments, boards, | ||||||
6 | committees or commissions of the State of
Illinois shall be | ||||||
7 | acted upon as claims from a single owner or operator.
| ||||||
8 | (3) For purposes of this subsection, owner or operator | ||||||
9 | includes (i) any
subsidiary, parent, or joint stock company | ||||||
10 | of the owner or operator and (ii)
any company owned by any | ||||||
11 | parent, subsidiary, or joint stock company of the
owner or | ||||||
12 | operator.
| ||||||
13 | (e) Costs of corrective action or indemnification incurred | ||||||
14 | by an owner or
operator which have been paid to an owner or | ||||||
15 | operator under a policy of
insurance, another written | ||||||
16 | agreement, or a court order are not eligible for
payment under | ||||||
17 | this Section. An owner or operator who receives payment under a
| ||||||
18 | policy of insurance, another written agreement, or a court | ||||||
19 | order shall
reimburse the State to the extent such payment | ||||||
20 | covers costs for which payment
was received from the Fund. Any | ||||||
21 | monies received by the State under this
subsection (e) shall be | ||||||
22 | deposited into the Fund.
| ||||||
23 | (f) (Blank.)
| ||||||
24 | (g) The Agency shall not approve any payment from the Fund | ||||||
25 | to pay an owner
or operator:
| ||||||
26 | (1) for costs of corrective action incurred by such |
| |||||||
| |||||||
1 | owner or operator
in an
amount in excess of $1,500,000 per | ||||||
2 | occurrence; and
| ||||||
3 | (2) for costs of indemnification of such owner or | ||||||
4 | operator in an amount in
excess of $1,500,000 per | ||||||
5 | occurrence.
| ||||||
6 | (h) Payment of any amount from the Fund for corrective | ||||||
7 | action or
indemnification shall be subject to the State | ||||||
8 | acquiring by subrogation the
rights of any owner, operator, or | ||||||
9 | other person to recover the costs of
corrective action or | ||||||
10 | indemnification for which the Fund has compensated such
owner, | ||||||
11 | operator, or person from the person responsible or liable for | ||||||
12 | the
release.
| ||||||
13 | (i) If the Agency refuses to pay or authorizes only
a | ||||||
14 | partial payment, the affected owner or operator may petition | ||||||
15 | the Board for a
hearing in the manner provided for the review | ||||||
16 | of permit decisions in Section 40
of this Act.
| ||||||
17 | (j) Costs of corrective action or indemnification incurred | ||||||
18 | by an owner or
operator prior to July 28, 1989, shall not be | ||||||
19 | eligible for payment or
reimbursement under this Section.
| ||||||
20 | (k) The Agency shall not pay costs of corrective action or
| ||||||
21 | indemnification incurred before providing notification of the | ||||||
22 | release of
petroleum in accordance with the provisions of this | ||||||
23 | Title.
| ||||||
24 | (l) Corrective action does not include legal defense costs. | ||||||
25 | Legal defense
costs include legal costs for seeking payment | ||||||
26 | under this Title unless the owner
or operator prevails before |
| |||||||
| |||||||
1 | the Board in which case the Board may authorize
payment of | ||||||
2 | legal fees.
| ||||||
3 | (m) The Agency may apportion payment of costs for plans | ||||||
4 | submitted under
Section 57.7 if:
| ||||||
5 | (1) the owner or operator was deemed eligible to access | ||||||
6 | the Fund for
payment of corrective action costs for some, | ||||||
7 | but not all, of the underground
storage tanks at the site; | ||||||
8 | and
| ||||||
9 | (2) the owner or operator failed to justify all costs | ||||||
10 | attributable to each
underground storage tank at the site.
| ||||||
11 | (n) The Agency shall not pay costs associated with a | ||||||
12 | corrective action
plan incurred after the Agency provides
| ||||||
13 | notification to the owner or operator pursuant to item (7) of | ||||||
14 | subsection (b) of
Section 57.7 that a revised corrective action | ||||||
15 | plan
is required. Costs associated with any subsequently | ||||||
16 | approved corrective action
plan shall be eligible for | ||||||
17 | reimbursement if they
meet the requirements of this Title.
| ||||||
18 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
19 | (415 ILCS 5/57.10)
| ||||||
20 | Sec. 57.10. Professional Engineer or professional | ||||||
21 | geologist Professional Geologist
certification; presumptions | ||||||
22 | against liability.
| ||||||
23 | (a) Within 120 days of the Agency's receipt of a
corrective | ||||||
24 | action completion report, the Agency
shall issue to the owner | ||||||
25 | or operator a "no further remediation letter" unless
the Agency |
| |||||||
| |||||||
1 | has requested a modification, issued a rejection under
| ||||||
2 | subsection (d) of this Section, or the report has been rejected | ||||||
3 | by operation
of law.
| ||||||
4 | (b) By certifying such a statement, a Licensed Professional | ||||||
5 | Engineer or
a professional geologist Licensed Professional | ||||||
6 | Geologist shall in no way be liable thereon, unless
the | ||||||
7 | engineer or geologist gave such certification despite his or | ||||||
8 | her actual
knowledge that the performed measures were not in | ||||||
9 | compliance with applicable
statutory or regulatory | ||||||
10 | requirements or any plan submitted to the Agency.
| ||||||
11 | (c) The Agency's issuance of a no further remediation | ||||||
12 | letter shall signify,
based on the certification of the | ||||||
13 | Licensed Professional Engineer, that:
| ||||||
14 | (1) all statutory and regulatory corrective action | ||||||
15 | requirements
applicable to the occurrence have been | ||||||
16 | complied with;
| ||||||
17 | (2) all corrective action concerning the remediation | ||||||
18 | of the
occurrence
has been completed; and
| ||||||
19 | (3) no further corrective action concerning the | ||||||
20 | occurrence
is
necessary for the protection of human health, | ||||||
21 | safety and the environment. | ||||||
22 | This subsection (c) does not apply to off-site contamination | ||||||
23 | related to the occurrence that has not been remediated due to | ||||||
24 | denial of access to the off-site property.
| ||||||
25 | (d) The no further remediation letter issued under this
| ||||||
26 | Section
shall apply in favor of the following
parties:
|
| |||||||
| |||||||
1 | (1) The owner or operator to whom the letter was | ||||||
2 | issued.
| ||||||
3 | (2) Any parent corporation or subsidiary of such owner | ||||||
4 | or
operator.
| ||||||
5 | (3) Any co-owner or co-operator, either by joint | ||||||
6 | tenancy,
right-of-survivorship, or any other party sharing | ||||||
7 | a legal relationship with
the owner or operator to whom the | ||||||
8 | letter is issued.
| ||||||
9 | (4) Any holder of a beneficial interest of a land trust | ||||||
10 | or
inter
vivos trust whether revocable or irrevocable.
| ||||||
11 | (5) Any mortgagee or trustee of a deed of trust of such
| ||||||
12 | owner or
operator.
| ||||||
13 | (6) Any successor-in-interest of such owner or | ||||||
14 | operator.
| ||||||
15 | (7) Any transferee of such owner or operator whether | ||||||
16 | the
transfer
was by sale, bankruptcy proceeding, | ||||||
17 | partition, dissolution of marriage,
settlement or
| ||||||
18 | adjudication of any civil action, charitable gift, or | ||||||
19 | bequest.
| ||||||
20 | (8) Any heir or devisee or such owner or operator. | ||||||
21 | (9) An owner of a parcel of real property to the extent | ||||||
22 | that the no further remediation letter under subsection (c) | ||||||
23 | of this Section applies to the occurrence on that parcel.
| ||||||
24 | (e) If the Agency notifies the owner or operator that the | ||||||
25 | "no
further
remediation" letter has been rejected, the grounds | ||||||
26 | for such rejection shall be
described in the notice. Such a |
| |||||||
| |||||||
1 | decision shall be a final determination which
may be appealed | ||||||
2 | by the owner or operator.
| ||||||
3 | (f) The Board shall adopt rules setting forth the criteria | ||||||
4 | under which the
Agency may require an owner or operator to | ||||||
5 | conduct further investigation or
remediation related to a | ||||||
6 | release for which a no further remediation letter
has been | ||||||
7 | issued.
| ||||||
8 | (g) Holders of security interests in sites subject to the | ||||||
9 | requirements of
this Title XVI shall be entitled to the same | ||||||
10 | protections and subject to the
same responsibilities provided | ||||||
11 | under general regulations promulgated under
Subtitle I of the | ||||||
12 | Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)
of | ||||||
13 | the Resource Conservation and Recovery Act of 1976 (P.L. | ||||||
14 | 94-580).
| ||||||
15 | (Source: P.A. 94-276, eff. 1-1-06.)
| ||||||
16 | (415 ILCS 5/58.2)
| ||||||
17 | Sec. 58.2. Definitions. The following words and phrases | ||||||
18 | when used in this
Title shall have the meanings given to them | ||||||
19 | in this Section unless the context
clearly indicates otherwise:
| ||||||
20 | "Agrichemical facility" means a site on which agricultural | ||||||
21 | pesticides are
stored or handled, or both, in preparation for | ||||||
22 | end use, or distributed. The
term does not include basic | ||||||
23 | manufacturing facility sites.
| ||||||
24 | "ASTM" means the American Society for Testing and | ||||||
25 | Materials.
|
| |||||||
| |||||||
1 | "Area background" means concentrations of regulated | ||||||
2 | substances that are
consistently present in the environment in | ||||||
3 | the vicinity of a site that are the
result of natural | ||||||
4 | conditions or human activities, and not the result solely of
| ||||||
5 | releases at the site.
| ||||||
6 | "Brownfields site" or "brownfields" means a parcel of real | ||||||
7 | property, or a
portion of the parcel, that has actual or | ||||||
8 | perceived contamination and an
active potential for | ||||||
9 | redevelopment.
| ||||||
10 | "Class I groundwater" means groundwater that meets the | ||||||
11 | Class I Potable
Resource groundwater criteria set forth in the | ||||||
12 | Board rules adopted under the
Illinois Groundwater Protection | ||||||
13 | Act.
| ||||||
14 | "Class III groundwater" means groundwater that meets the | ||||||
15 | Class III Special
Resource Groundwater criteria set forth in | ||||||
16 | the Board rules adopted under the
Illinois Groundwater | ||||||
17 | Protection Act.
| ||||||
18 | "Carcinogen" means a contaminant that is classified as a | ||||||
19 | Category A1 or A2
Carcinogen by the American Conference of | ||||||
20 | Governmental Industrial Hygienists; or
a Category 1 or 2A/2B | ||||||
21 | Carcinogen by the World Health Organizations
International | ||||||
22 | Agency for Research on Cancer; or a "Human Carcinogen" or
| ||||||
23 | "Anticipated Human Carcinogen" by the United States Department | ||||||
24 | of Health and
Human Service National Toxicological Program; or | ||||||
25 | a Category A or B1/B2
Carcinogen by the United States | ||||||
26 | Environmental Protection Agency in Integrated
Risk Information |
| |||||||
| |||||||
1 | System or a Final Rule issued in a Federal Register notice by
| ||||||
2 | the USEPA as of the effective date of this amendatory Act of | ||||||
3 | 1995.
| ||||||
4 | "Licensed Professional Engineer" (LPE) means a person, | ||||||
5 | corporation, or
partnership licensed under the laws of this | ||||||
6 | State to practice professional
engineering.
| ||||||
7 | "Licensed Professional Geologist" means a person licensed | ||||||
8 | under the laws of
the State of Illinois to practice as a | ||||||
9 | professional geologist.
| ||||||
10 | "RELPEG" means a Licensed Professional Engineer or a | ||||||
11 | professional geologist Licensed Professional
Geologist engaged | ||||||
12 | in review and evaluation under this Title.
| ||||||
13 | "Man-made pathway" means constructed routes that may allow | ||||||
14 | for the
transport of regulated substances including, but not | ||||||
15 | limited to, sewers,
utility lines, utility vaults, building | ||||||
16 | foundations, basements, crawl spaces,
drainage ditches, or | ||||||
17 | previously excavated and filled areas.
| ||||||
18 | "Municipality" means an incorporated city, village, or | ||||||
19 | town in this State.
"Municipality" does not mean a township, | ||||||
20 | town when that term is used as the
equivalent of a
township, | ||||||
21 | incorporated town that has superseded a civil township, county,
| ||||||
22 | or school district, park district, sanitary district, or | ||||||
23 | similar governmental
district.
| ||||||
24 | "Natural pathway" means natural routes for the transport of | ||||||
25 | regulated
substances including, but not limited to, soil, | ||||||
26 | groundwater, sand seams and
lenses, and gravel seams and |
| |||||||
| |||||||
1 | lenses.
| ||||||
2 | "Person" means individual, trust, firm, joint stock | ||||||
3 | company, joint venture,
consortium, commercial entity, | ||||||
4 | corporation (including a government
corporation), partnership, | ||||||
5 | association, State, municipality, commission,
political | ||||||
6 | subdivision of a State, or any interstate body including the | ||||||
7 | United
States Government and each department, agency, and | ||||||
8 | instrumentality of the
United States.
| ||||||
9 | "Regulated substance" means any hazardous substance as | ||||||
10 | defined under Section
101(14) of the Comprehensive | ||||||
11 | Environmental Response, Compensation, and
Liability Act of | ||||||
12 | 1980 (P.L. 96-510) and petroleum products including crude oil
| ||||||
13 | or any fraction thereof, natural gas, natural gas liquids, | ||||||
14 | liquefied natural
gas, or synthetic gas usable for fuel (or | ||||||
15 | mixtures of natural gas and such
synthetic gas).
| ||||||
16 | "Remedial action" means activities associated with | ||||||
17 | compliance with the
provisions of Sections 58.6 and 58.7.
| ||||||
18 | "Remediation Applicant" (RA) means any person seeking to | ||||||
19 | perform or
performing investigative or remedial activities | ||||||
20 | under this Title, including the
owner or operator of the site | ||||||
21 | or persons authorized by law or consent to act
on behalf of or | ||||||
22 | in lieu of the owner or operator of the site.
| ||||||
23 | "Remediation costs" means reasonable costs paid for | ||||||
24 | investigating
and remediating regulated substances of concern | ||||||
25 | consistent with the remedy
selected for a site. | ||||||
26 | For purposes
of Section 58.14, "remediation costs" shall |
| |||||||
| |||||||
1 | not include costs incurred prior to
January 1, 1998, costs | ||||||
2 | incurred after the issuance of a No Further
Remediation Letter | ||||||
3 | under Section 58.10 of this Act, or costs incurred more than
12 | ||||||
4 | months prior to acceptance into the Site Remediation Program. | ||||||
5 | For the purpose of Section 58.14a, "remediation costs" do | ||||||
6 | not include any costs incurred before January 1, 2007, any | ||||||
7 | costs incurred after the issuance of a No Further Remediation | ||||||
8 | Letter under Section 58.10, or any costs incurred more than 12 | ||||||
9 | months before acceptance into the Site Remediation Program.
| ||||||
10 | "Residential property" means any real property that is used | ||||||
11 | for habitation by
individuals and other property uses defined | ||||||
12 | by Board rules such as education,
health care, child care and | ||||||
13 | related uses.
| ||||||
14 | "River Edge Redevelopment Zone" has the meaning set forth | ||||||
15 | under the River Edge Redevelopment Zone Act.
| ||||||
16 | "Site" means any single location, place, tract of land or | ||||||
17 | parcel of property,
or portion thereof, including contiguous | ||||||
18 | property separated by a public
right-of-way.
| ||||||
19 | "Regulated substance of concern" means any contaminant | ||||||
20 | that is expected to be
present at the site based upon past and | ||||||
21 | current land uses and associated
releases that are known to the | ||||||
22 | Remediation Applicant based upon reasonable
inquiry.
| ||||||
23 | (Source: P.A. 95-454, eff. 8-27-07.)
| ||||||
24 | (415 ILCS 5/58.6)
| ||||||
25 | Sec. 58.6. Remedial investigations and reports.
|
| |||||||
| |||||||
1 | (a) Any RA who proceeds under this Title may elect to seek | ||||||
2 | review and
approval for any of the remediation objectives | ||||||
3 | provided in Section 58.5
for any or all regulated substances of | ||||||
4 | concern. The RA shall conduct
investigations and remedial | ||||||
5 | activities for regulated substances of concern
and prepare | ||||||
6 | plans and reports in accordance with this Section and rules | ||||||
7 | adopted
hereunder. The RA shall submit the plans and reports | ||||||
8 | for review and approval
in accordance with Section 58.7. All | ||||||
9 | investigations, plans, and reports
conducted or prepared under | ||||||
10 | this Section shall be under the supervision of a
Licensed | ||||||
11 | Professional Engineer (LPE) or, in the case of a site | ||||||
12 | investigation
only, a professional geologist Licensed | ||||||
13 | Professional Geologist in accordance with the requirements
of | ||||||
14 | this Title.
| ||||||
15 | (b) (1) Site investigation and Site Investigation Report. | ||||||
16 | The RA shall
conduct a site investigation to determine the | ||||||
17 | significant physical features of
the site and vicinity that | ||||||
18 | may affect contaminant transport and risk to human
health, | ||||||
19 | safety, and the environment and to determine the nature, | ||||||
20 | concentration,
direction and rate of movement, and extent | ||||||
21 | of the contamination at the site.
| ||||||
22 | (2) The RA shall compile the results of the | ||||||
23 | investigations into a Site
Investigation Report. At a | ||||||
24 | minimum, the reports shall include the following,
as | ||||||
25 | applicable:
| ||||||
26 | (A) Executive summary;
|
| |||||||
| |||||||
1 | (B) Site history;
| ||||||
2 | (C) Site-specific sampling methods and results;
| ||||||
3 | (D) Documentation of field activities, including | ||||||
4 | quality assurance
project plan;
| ||||||
5 | (E) Interpretation of results; and
| ||||||
6 | (F) Conclusions.
| ||||||
7 | (c) Remediation Objectives Report.
| ||||||
8 | (1) If a RA elects to determine remediation objectives | ||||||
9 | appropriate for
the site using the Tier II or Tier III | ||||||
10 | procedures under subsection (d) of
Section 58.5, the RA | ||||||
11 | shall develop such remediation objectives based on
| ||||||
12 | site-specific information. In support of such remediation | ||||||
13 | objectives, the RA
shall prepare a Remediation Objectives | ||||||
14 | Report demonstrating how the
site-specific objectives were | ||||||
15 | calculated or otherwise determined.
| ||||||
16 | (2) If a RA elects to determine remediation objectives | ||||||
17 | appropriate for
the site using the area background | ||||||
18 | procedures under subsection (b) of Section
58.5, the RA | ||||||
19 | shall develop such remediation objectives based on | ||||||
20 | site-specific
literature review, sampling protocol, or | ||||||
21 | appropriate statistical methods in
accordance with Board | ||||||
22 | rules. In support of such remediation
objectives, the RA | ||||||
23 | shall prepare a Remediation Objectives Report
| ||||||
24 | demonstrating how the area background remediation | ||||||
25 | objectives were
determined.
| ||||||
26 | (d) Remedial Action Plan. If the approved remediation
|
| |||||||
| |||||||
1 | objectives for any regulated substance established under | ||||||
2 | Section 58.5 are less
than the levels existing at the site | ||||||
3 | prior to any remedial action, the RA shall
prepare a Remedial | ||||||
4 | Action Plan. The Remedial Action Plan shall describe the
| ||||||
5 | selected remedy and evaluate its ability and effectiveness to | ||||||
6 | achieve the
remediation objectives approved for the site. At a | ||||||
7 | minimum, the reports shall
include the following, as | ||||||
8 | applicable:
| ||||||
9 | (1) Executive summary;
| ||||||
10 | (2) Statement of remediation objectives;
| ||||||
11 | (3) Remedial technologies selected;
| ||||||
12 | (4) Confirmation sampling plan;
| ||||||
13 | (5) Current and projected future use of the property; | ||||||
14 | and
| ||||||
15 | (6) Applicable preventive, engineering, and | ||||||
16 | institutional controls
including long-term reliability, | ||||||
17 | operating, and maintenance plans, and
monitoring | ||||||
18 | procedures.
| ||||||
19 | (e) Remedial Action Completion Report.
| ||||||
20 | (1) Upon completion of the Remedial Action Plan, the RA | ||||||
21 | shall prepare a
Remedial Action Completion Report. The | ||||||
22 | report shall demonstrate whether the
remedial action was | ||||||
23 | completed in accordance with the approved Remedial Action
| ||||||
24 | Plan and whether the remediation objectives, as well as any | ||||||
25 | other requirements
of the plan, have been attained.
| ||||||
26 | (2) If the approved remediation objectives for the |
| |||||||
| |||||||
1 | regulated substances
of concern established under Section | ||||||
2 | 58.5 are equal to or above the levels
existing at the site | ||||||
3 | prior to any remedial action, notification and
| ||||||
4 | documentation of such shall constitute the entire Remedial | ||||||
5 | Action Completion
Report for purposes of this Title.
| ||||||
6 | (f) Ability to proceed. The RA may elect to prepare and | ||||||
7 | submit for
review and approval any and all reports or plans | ||||||
8 | required under the
provisions of this Section individually, | ||||||
9 | following completion of each such
activity; concurrently, | ||||||
10 | following completion of all activities; or in any
other | ||||||
11 | combination. In any event, the review and approval process | ||||||
12 | shall proceed
in accordance with Section 58.7 and rules adopted | ||||||
13 | thereunder.
| ||||||
14 | (g) Nothing in this Section shall prevent an RA from | ||||||
15 | implementing or
conducting an interim or any other remedial | ||||||
16 | measure prior to election to
proceed under Section 58.6.
| ||||||
17 | (h) In accordance with Section 58.11, the Agency shall | ||||||
18 | propose and the
Board shall adopt rules to carry out the | ||||||
19 | purposes of this Section.
| ||||||
20 | (Source: P.A. 92-735, eff. 7-25-02.)
| ||||||
21 | (415 ILCS 5/58.7)
| ||||||
22 | Sec. 58.7. Review and approvals.
| ||||||
23 | (a) Requirements. All plans and reports that are submitted | ||||||
24 | pursuant
to this Title shall be submitted for review or | ||||||
25 | approval in accordance with this
Section.
|
| |||||||
| |||||||
1 | (b) Review and evaluation by the Agency.
| ||||||
2 | (1) Except for sites excluded under subdivision (a) (2) | ||||||
3 | of Section 58.1,
the Agency shall, subject to available | ||||||
4 | resources, agree to provide review and
evaluation services | ||||||
5 | for activities carried out pursuant to this Title for which
| ||||||
6 | the RA requested the services in writing. As a condition | ||||||
7 | for providing such
services, the Agency may require that | ||||||
8 | the RA for a site:
| ||||||
9 | (A) Conform with the procedures of this Title;
| ||||||
10 | (B) Allow for or otherwise arrange site visits or | ||||||
11 | other site
evaluation by the Agency when so requested;
| ||||||
12 | (C) Agree to perform the Remedial Action Plan as | ||||||
13 | approved under this
Title;
| ||||||
14 | (D) Agree to pay any reasonable costs incurred and | ||||||
15 | documented by
the Agency in providing such services;
| ||||||
16 | (E) Make an advance partial payment to the Agency | ||||||
17 | for such
anticipated services in an amount, acceptable | ||||||
18 | to the Agency, but
not to exceed $5,000 or one-half of | ||||||
19 | the total anticipated costs of
the Agency, whichever | ||||||
20 | sum is less; and
| ||||||
21 | (F) Demonstrate, if necessary, authority to act on | ||||||
22 | behalf of or in lieu
of the owner or operator.
| ||||||
23 | (2) Any moneys received by the State for costs incurred | ||||||
24 | by the
Agency in performing review or evaluation services | ||||||
25 | for actions conducted
pursuant to this Title shall be | ||||||
26 | deposited in the Hazardous Waste Fund.
|
| |||||||
| |||||||
1 | (3) An RA requesting services under subdivision (b) (1) | ||||||
2 | of this Section
may, at any time, notify the Agency, in | ||||||
3 | writing, that Agency services
previously requested are no | ||||||
4 | longer wanted. Within 180 days after receipt of
the notice, | ||||||
5 | the Agency shall provide the RA with a final invoice for | ||||||
6 | services
provided until the date of such notifications.
| ||||||
7 | (4) The Agency may invoice or otherwise request or | ||||||
8 | demand payment
from a RA for costs incurred by the Agency | ||||||
9 | in performing review or evaluation
services for actions by | ||||||
10 | the RA at sites only if:
| ||||||
11 | (A) The Agency has incurred costs in performing | ||||||
12 | response actions,
other than review or evaluation | ||||||
13 | services, due to the failure of the
RA to take response | ||||||
14 | action in accordance with a notice issued
pursuant to | ||||||
15 | this Act;
| ||||||
16 | (B) The RA has agreed in writing to the payment of | ||||||
17 | such costs;
| ||||||
18 | (C) The RA has been ordered to pay such costs by | ||||||
19 | the Board or a
court of competent jurisdiction pursuant | ||||||
20 | to this Act; or
| ||||||
21 | (D) The RA has requested or has consented to Agency | ||||||
22 | review or
evaluation services under subdivision | ||||||
23 | (b) (1) of this Section.
| ||||||
24 | (5) The Agency may, subject to available resources, | ||||||
25 | agree to provide
review and evaluation services for | ||||||
26 | response actions if there is a
written agreement among |
| |||||||
| |||||||
1 | parties to a legal action or if a notice to
perform a | ||||||
2 | response action has been issued by the Agency.
| ||||||
3 | (c) Review and evaluation by a Licensed Professional | ||||||
4 | Engineer or a professional geologist Licensed
Professional | ||||||
5 | Geologist . A RA may elect to contract with a Licensed
| ||||||
6 | Professional Engineer or, in the case of a site investigation | ||||||
7 | report only,
a professional geologist Licensed Professional | ||||||
8 | Geologist , who will perform review and evaluation
services on | ||||||
9 | behalf of and under the direction of the Agency relative to the
| ||||||
10 | site activities.
| ||||||
11 | (1) Prior to entering into the contract with the | ||||||
12 | RELPEG, the RA shall notify the Agency of the
RELPEG to be | ||||||
13 | selected. The Agency and the RA shall discuss the potential
| ||||||
14 | terms
of the contract.
| ||||||
15 | (2) At a minimum, the contract with the RELPEG shall
| ||||||
16 | provide that the
RELPEG will submit any reports directly to | ||||||
17 | the Agency, will take
his or her
directions
for work | ||||||
18 | assignments from the Agency, and will perform the assigned | ||||||
19 | work on
behalf of the Agency.
| ||||||
20 | (3) Reasonable costs incurred by the Agency shall be | ||||||
21 | paid by the RA
directly to the Agency in accordance with | ||||||
22 | the terms of the review and
evaluation services agreement | ||||||
23 | entered into under subdivision (b) (1) of Section
58.7.
| ||||||
24 | (4) In no event shall the RELPEG acting on behalf of | ||||||
25 | the
Agency be an
employee of the RA or the owner or | ||||||
26 | operator of the site or be an employee of
any other person |
| |||||||
| |||||||
1 | the RA has contracted to provide services relative to the
| ||||||
2 | site.
| ||||||
3 | (d) Review and approval. All reviews required under this | ||||||
4 | Title shall
be carried out by the Agency or a RELPEG, both | ||||||
5 | under the
direction of a Licensed Professional Engineer or, in | ||||||
6 | the case of the
review of a site investigation only, a | ||||||
7 | professional geologist Licensed Professional Geologist .
| ||||||
8 | (1) All review activities conducted by the Agency or a | ||||||
9 | RELPEG shall be carried out in conformance with this Title | ||||||
10 | and rules
promulgated under Section 58.11.
| ||||||
11 | (2) Subject to the limitations in subsection (c) and | ||||||
12 | this subsection
(d), the specific plans, reports, and | ||||||
13 | activities that the
Agency or a RELPEG may review include:
| ||||||
14 | (A) Site Investigation Reports and related | ||||||
15 | activities;
| ||||||
16 | (B) Remediation Objectives Reports;
| ||||||
17 | (C) Remedial Action Plans and related activities; | ||||||
18 | and
| ||||||
19 | (D) Remedial Action Completion Reports and related | ||||||
20 | activities.
| ||||||
21 | (3) Only the Agency shall have the authority to | ||||||
22 | approve,
disapprove, or approve with conditions a plan or | ||||||
23 | report as a result of the
review process including those | ||||||
24 | plans and reports reviewed by a RELPEG. If the Agency | ||||||
25 | disapproves a plan or report or approves a plan or
report | ||||||
26 | with conditions, the written notification required by |
| |||||||
| |||||||
1 | subdivision (d)
(4) of this Section shall contain the | ||||||
2 | following information, as applicable:
| ||||||
3 | (A) An explanation of the Sections of this Title | ||||||
4 | that may be
violated if the plan or report was | ||||||
5 | approved;
| ||||||
6 | (B) An explanation of the provisions of the rules
| ||||||
7 | promulgated under this Title that may be violated if | ||||||
8 | the plan or report was
approved;
| ||||||
9 | (C) An explanation of the specific type of | ||||||
10 | information, if any,
that the Agency deems the | ||||||
11 | applicant did not provide the Agency;
| ||||||
12 | (D) A statement of specific reasons why the Title | ||||||
13 | and regulations
might not be met if the plan or report | ||||||
14 | were approved; and
| ||||||
15 | (E) An explanation of the reasons for conditions if | ||||||
16 | conditions are
required.
| ||||||
17 | (4) Upon approving, disapproving, or approving with | ||||||
18 | conditions a
plan or report, the Agency shall notify the RA | ||||||
19 | in writing of its decision. In
the case of approval or | ||||||
20 | approval with conditions of a Remedial Action
Completion | ||||||
21 | Report, the Agency shall prepare a No Further Remediation
| ||||||
22 | Letter that meets the requirements of Section 58.10 and | ||||||
23 | send a copy of
the letter to the RA.
| ||||||
24 | (5) All reviews undertaken by the Agency or a RELPEG | ||||||
25 | shall
be completed and
the decisions communicated to the RA | ||||||
26 | within 60 days of the request for review
or approval. The |
| |||||||
| |||||||
1 | RA may waive the deadline upon a request from the Agency. | ||||||
2 | If
the Agency disapproves or approves with conditions a | ||||||
3 | plan or report or fails to
issue a final decision within | ||||||
4 | the 60 day period and the RA has not agreed to a
waiver of | ||||||
5 | the deadline, the RA may, within 35 days, file an appeal to | ||||||
6 | the
Board. Appeals to the Board shall be in the manner
| ||||||
7 | provided for the review of permit decisions in Section 40 | ||||||
8 | of this Act.
| ||||||
9 | (e) Standard of review. In making determinations, the | ||||||
10 | following
factors, and additional factors as may be adopted by | ||||||
11 | the Board in accordance
with Section 58.11, shall be considered | ||||||
12 | by the Agency when reviewing or
approving plans, reports, and | ||||||
13 | related activities, or the RELPEG,
when reviewing plans, | ||||||
14 | reports, and related activities:
| ||||||
15 | (1) Site Investigation Reports and related activities: | ||||||
16 | Whether
investigations have been conducted and the results | ||||||
17 | compiled in accordance with
the appropriate procedures and | ||||||
18 | whether the interpretations and conclusions
reached are | ||||||
19 | supported by the information gathered. In making the
| ||||||
20 | determination, the following factors shall be considered:
| ||||||
21 | (A) The adequacy of the description of the site and | ||||||
22 | site
characteristics that were used to evaluate the | ||||||
23 | site;
| ||||||
24 | (B) The adequacy of the investigation of potential | ||||||
25 | pathways and risks to
receptors identified at the site; | ||||||
26 | and
|
| |||||||
| |||||||
1 | (C) The appropriateness of the sampling and | ||||||
2 | analysis used.
| ||||||
3 | (2) Remediation Objectives Reports: Whether the | ||||||
4 | remediation objectives
are
consistent with the | ||||||
5 | requirements of the applicable method for selecting or
| ||||||
6 | determining remediation objectives under Section 58.5. In | ||||||
7 | making the
determination, the following factors shall be | ||||||
8 | considered:
| ||||||
9 | (A) If the objectives were based on the | ||||||
10 | determination of area
background levels under | ||||||
11 | subsection (b) of Section 58.5, whether the review of
| ||||||
12 | current and historic conditions at or in the immediate | ||||||
13 | vicinity of
the site has been thorough and whether the | ||||||
14 | site sampling and
analysis has been performed in a | ||||||
15 | manner resulting in accurate
determinations;
| ||||||
16 | (B) If the objectives were calculated on the basis | ||||||
17 | of predetermined
equations using site specific data, | ||||||
18 | whether the calculations were
accurately performed and | ||||||
19 | whether the site specific data reflect
actual site | ||||||
20 | conditions; and
| ||||||
21 | (C) If the objectives were determined using a site | ||||||
22 | specific risk
assessment procedure, whether the | ||||||
23 | procedure used is nationally
recognized and accepted, | ||||||
24 | whether the calculations were
accurately performed, | ||||||
25 | and whether the site specific data reflect
actual site | ||||||
26 | conditions.
|
| |||||||
| |||||||
1 | (3) Remedial Action Plans and related activities: | ||||||
2 | Whether the plan will
result in compliance with this Title, | ||||||
3 | and rules adopted under it and
attainment of the applicable | ||||||
4 | remediation objectives. In making the
determination, the | ||||||
5 | following factors shall be considered:
| ||||||
6 | (A) The likelihood that the plan will result in the | ||||||
7 | attainment of
the applicable remediation objectives;
| ||||||
8 | (B) Whether the activities proposed are consistent | ||||||
9 | with generally
accepted engineering practices; and
| ||||||
10 | (C) The management of risk relative to any | ||||||
11 | remaining contamination,
including but not limited to, | ||||||
12 | provisions for the long-term enforcement,
operation, | ||||||
13 | and maintenance of institutional and engineering | ||||||
14 | controls, if
relied on.
| ||||||
15 | (4) Remedial Action Completion Reports and related | ||||||
16 | activities: Whether
the remedial activities have been | ||||||
17 | completed in accordance with the approved
Remedial Action | ||||||
18 | Plan and whether the applicable remediation objectives | ||||||
19 | have
been attained.
| ||||||
20 | (f) All plans and reports submitted for review shall | ||||||
21 | include a Licensed
Professional Engineer's certification that | ||||||
22 | all investigations and remedial
activities were carried out | ||||||
23 | under his or her direction and, to the best of
his or her | ||||||
24 | knowledge and belief, the work described in the plan or report | ||||||
25 | has
been completed in accordance with generally accepted | ||||||
26 | engineering practices,
and the information presented is |
| |||||||
| |||||||
1 | accurate and complete.
In the case of
a site investigation | ||||||
2 | report prepared or supervised by a professional geologist | ||||||
3 | Licensed Professional
Geologist , the required certification | ||||||
4 | may be made by the professional geologist Licensed Professional
| ||||||
5 | Geologist (rather than a Licensed Professional Engineer) and | ||||||
6 | based upon
generally accepted principles of professional | ||||||
7 | geology.
| ||||||
8 | (g) In accordance with Section 58.11, the Agency shall | ||||||
9 | propose and the
Board shall adopt rules to carry out the | ||||||
10 | purposes of this Section. At a
minimum, the rules shall detail | ||||||
11 | the types of services the Agency may provide
in response to | ||||||
12 | requests under subdivision (b) (1) of this Section and the
| ||||||
13 | recordkeeping it will utilize in documenting to the RA the | ||||||
14 | costs incurred by
the Agency in providing such services.
| ||||||
15 | (h) Public participation.
| ||||||
16 | (1) The Agency shall develop guidance to assist RA's in | ||||||
17 | the
implementation of a community relations plan to address | ||||||
18 | activity at sites
undergoing remedial action pursuant to | ||||||
19 | this Title.
| ||||||
20 | (2) The RA may elect to enter into a services agreement | ||||||
21 | with the Agency
for Agency assistance in community outreach | ||||||
22 | efforts.
| ||||||
23 | (3) The Agency shall maintain a registry listing those | ||||||
24 | sites
undergoing remedial action pursuant to this Title.
| ||||||
25 | (4) Notwithstanding any provisions of this Section, | ||||||
26 | the RA of a site
undergoing remedial activity pursuant to |
| |||||||
| |||||||
1 | this Title may elect to initiate a
community outreach | ||||||
2 | effort for the site.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | Section 105. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-5-5 as follows:
| ||||||
6 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
7 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
8 | (a) Conviction and disposition shall not entail the loss by | ||||||
9 | the
defendant of any civil rights, except under this Section | ||||||
10 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
11 | hereafter amended.
| ||||||
12 | (b) A person convicted of a felony shall be ineligible to | ||||||
13 | hold an office
created by the Constitution of this State until | ||||||
14 | the completion of his sentence.
| ||||||
15 | (c) A person sentenced to imprisonment shall lose his right | ||||||
16 | to vote
until released from imprisonment.
| ||||||
17 | (d) On completion of sentence of imprisonment or upon | ||||||
18 | discharge from
probation, conditional discharge or periodic | ||||||
19 | imprisonment, or at any time
thereafter, all license rights and | ||||||
20 | privileges
granted under the authority of this State which have | ||||||
21 | been revoked or
suspended because of conviction of an offense | ||||||
22 | shall be restored unless the
authority having jurisdiction of | ||||||
23 | such license rights finds after
investigation and hearing that | ||||||
24 | restoration is not in the public interest.
This paragraph (d) |
| |||||||
| |||||||
1 | shall not apply to the suspension or revocation of a
license to | ||||||
2 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
3 | (e) Upon a person's discharge from incarceration or parole, | ||||||
4 | or upon a
person's discharge from probation or at any time | ||||||
5 | thereafter, the committing
court may enter an order certifying | ||||||
6 | that the sentence has been
satisfactorily completed when the | ||||||
7 | court believes it would assist in the
rehabilitation of the | ||||||
8 | person and be consistent with the public welfare.
Such order | ||||||
9 | may be entered upon the motion of the defendant or the State or
| ||||||
10 | upon the court's own motion.
| ||||||
11 | (f) Upon entry of the order, the court shall issue to the | ||||||
12 | person in
whose favor the order has been entered a certificate | ||||||
13 | stating that his
behavior after conviction has warranted the | ||||||
14 | issuance of the order.
| ||||||
15 | (g) This Section shall not affect the right of a defendant | ||||||
16 | to
collaterally attack his conviction or to rely on it in bar | ||||||
17 | of subsequent
proceedings for the same offense.
| ||||||
18 | (h) No application for any license specified in subsection | ||||||
19 | (i) of this
Section granted under the
authority of this State | ||||||
20 | shall be denied by reason of an eligible offender who
has | ||||||
21 | obtained a certificate of relief from disabilities, as
defined | ||||||
22 | in Article 5.5 of this Chapter, having been previously | ||||||
23 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
24 | finding of lack of "good moral
character" when the finding is | ||||||
25 | based upon the fact that the applicant has
previously been | ||||||
26 | convicted of one or more criminal offenses, unless:
|
| |||||||
| |||||||
1 | (1) there is a direct relationship between one or more | ||||||
2 | of the previous
criminal offenses and the specific license | ||||||
3 | sought; or
| ||||||
4 | (2) the issuance of the license would
involve an | ||||||
5 | unreasonable risk to property or to the safety or welfare | ||||||
6 | of
specific individuals or the general public.
| ||||||
7 | In making such a determination, the licensing agency shall | ||||||
8 | consider the
following factors:
| ||||||
9 | (1) the public policy of this State, as expressed in | ||||||
10 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
11 | employment of persons previously
convicted of one or more | ||||||
12 | criminal offenses;
| ||||||
13 | (2) the specific duties and responsibilities | ||||||
14 | necessarily related to the
license being sought;
| ||||||
15 | (3) the bearing, if any, the criminal offenses or | ||||||
16 | offenses for which the
person
was previously convicted will | ||||||
17 | have on his or her fitness or ability to perform
one or
| ||||||
18 | more such duties and responsibilities;
| ||||||
19 | (4) the time which has elapsed since the occurrence of | ||||||
20 | the criminal
offense or offenses;
| ||||||
21 | (5) the age of the person at the time of occurrence of | ||||||
22 | the criminal
offense or offenses;
| ||||||
23 | (6) the seriousness of the offense or offenses;
| ||||||
24 | (7) any information produced by the person or produced | ||||||
25 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
26 | and good conduct, including a certificate
of relief from |
| |||||||
| |||||||
1 | disabilities issued to the applicant, which certificate | ||||||
2 | shall
create a presumption of rehabilitation in regard to | ||||||
3 | the offense or offenses
specified in the certificate; and
| ||||||
4 | (8) the legitimate interest of the licensing agency in | ||||||
5 | protecting
property, and
the safety and welfare of specific | ||||||
6 | individuals or the general public.
| ||||||
7 | (i) A certificate of relief from disabilities shall be | ||||||
8 | issued only
for a
license or certification issued under the | ||||||
9 | following Acts:
| ||||||
10 | (1) the Animal Welfare Act; except that a certificate | ||||||
11 | of relief from
disabilities may not be granted
to provide | ||||||
12 | for
the
issuance or restoration of a license under the | ||||||
13 | Animal Welfare Act for any
person convicted of violating | ||||||
14 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
15 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
16 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
17 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
18 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
19 | and Nail Technology Act of 1985;
| ||||||
20 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
21 | Act;
| ||||||
22 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
23 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
24 | 1984;
| ||||||
25 | (7) the Illinois Farm Labor Contractor Certification | ||||||
26 | Act;
|
| |||||||
| |||||||
1 | (8) (blank); the Interior Design Title Act;
| ||||||
2 | (9) the Illinois Professional Land Surveyor Act of | ||||||
3 | 1989;
| ||||||
4 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
5 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
6 | (12) the Private Employment Agency Act;
| ||||||
7 | (13) the Professional Counselor and Clinical | ||||||
8 | Professional Counselor
Licensing and Practice
Act;
| ||||||
9 | (14) the Real Estate License Act of 2000;
| ||||||
10 | (15) (blank); the Illinois Roofing Industry Licensing | ||||||
11 | Act; | ||||||
12 | (16) the Professional Engineering Practice Act of | ||||||
13 | 1989; | ||||||
14 | (17) the Water Well and Pump Installation Contractor's | ||||||
15 | License Act; | ||||||
16 | (18) the Electrologist Licensing Act;
| ||||||
17 | (19) the Auction License Act; | ||||||
18 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
19 | (21) the Dietitian Nutritionist Practice Act; | ||||||
20 | (22) the Environmental Health Practitioner Licensing | ||||||
21 | Act; | ||||||
22 | (23) the Funeral Directors and Embalmers Licensing | ||||||
23 | Code; | ||||||
24 | (24) (blank); the Land Sales Registration Act of 1999; | ||||||
25 | (25) (blank); the Professional Geologist Licensing | ||||||
26 | Act; |
| |||||||
| |||||||
1 | (26) the Illinois Public Accounting Act; and | ||||||
2 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
3 | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | ||||||
4 | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | ||||||
5 | 1-25-13; 98-756, eff. 7-16-14.)
| ||||||
6 | Section 110. The Code of Civil Procedure is amended by | ||||||
7 | changing Section 2-622 as follows:
| ||||||
8 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| ||||||
9 | Sec. 2-622. Healing art malpractice.
| ||||||
10 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
11 | in which the plaintiff seeks damages for
injuries or death by | ||||||
12 | reason of medical, hospital, or other healing art
malpractice, | ||||||
13 | the plaintiff's attorney or the plaintiff, if the plaintiff is
| ||||||
14 | proceeding pro se, shall file an affidavit, attached to the | ||||||
15 | original and
all copies of the complaint, declaring one of the | ||||||
16 | following:
| ||||||
17 | 1. That the affiant has consulted and reviewed the | ||||||
18 | facts of the case
with a health professional who the | ||||||
19 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
20 | relevant issues involved in the particular action;
(ii) | ||||||
21 | practices or has practiced within the last
6 years or | ||||||
22 | teaches or
has taught within the last
6 years in the same | ||||||
23 | area of health care or
medicine that is at issue in the | ||||||
24 | particular action; and (iii)
is qualified
by experience or |
| |||||||
| |||||||
1 | demonstrated competence in the subject of the case; that
| ||||||
2 | the reviewing health professional has determined in a
| ||||||
3 | written report, after a review of the medical record and | ||||||
4 | other relevant
material involved in the particular action | ||||||
5 | that there is a reasonable and
meritorious cause for the | ||||||
6 | filing of such action; and that the affiant has
concluded | ||||||
7 | on the basis of the reviewing health professional's review | ||||||
8 | and
consultation that there is a reasonable and meritorious | ||||||
9 | cause for filing of
such action.
If the affidavit is filed | ||||||
10 | as to a defendant who is a physician
licensed to treat | ||||||
11 | human ailments without the use of drugs or medicines and
| ||||||
12 | without operative surgery, a dentist, a podiatric | ||||||
13 | physician, or a psychologist, or a
naprapath,
the written | ||||||
14 | report must be from a health professional
licensed in the | ||||||
15 | same profession, with the same class of license, as the
| ||||||
16 | defendant. For
affidavits filed as to all other defendants, | ||||||
17 | the written
report must be from a physician licensed to | ||||||
18 | practice medicine in all its
branches. In either event, the
| ||||||
19 | affidavit must identify the profession of
the reviewing | ||||||
20 | health professional. A copy of the written report, clearly
| ||||||
21 | identifying the plaintiff and the reasons for the reviewing | ||||||
22 | health
professional's determination that a reasonable and | ||||||
23 | meritorious cause for
the filing of the action exists, must | ||||||
24 | be attached to the affidavit, but
information which would | ||||||
25 | identify the reviewing health professional may be
deleted | ||||||
26 | from the copy so attached.
|
| |||||||
| |||||||
1 | 2.
That the affiant was unable to obtain a consultation | ||||||
2 | required by
paragraph 1 because a statute of limitations | ||||||
3 | would impair the action and
the consultation required could | ||||||
4 | not be obtained before the expiration of
the statute of | ||||||
5 | limitations. If an affidavit is executed pursuant to this
| ||||||
6 | paragraph, the
certificate and written report required by | ||||||
7 | paragraph 1 shall
be filed within 90 days after the filing | ||||||
8 | of the complaint. The defendant
shall be excused from | ||||||
9 | answering or otherwise pleading until 30 days after
being | ||||||
10 | served with
a certificate
required by paragraph 1.
| ||||||
11 | 3.
That a request has been made by the plaintiff or his | ||||||
12 | attorney for
examination and copying of records pursuant to | ||||||
13 | Part 20 of Article VIII of
this Code and the party required | ||||||
14 | to comply under those Sections has failed
to produce such | ||||||
15 | records within 60 days of the receipt of the request. If an
| ||||||
16 | affidavit is executed pursuant to this paragraph, the
| ||||||
17 | certificate and
written report required by paragraph 1 | ||||||
18 | shall be filed within 90 days
following receipt of the | ||||||
19 | requested records. All defendants except those
whose | ||||||
20 | failure to comply with Part 20 of Article VIII of this Code | ||||||
21 | is the
basis for an affidavit under this paragraph shall be | ||||||
22 | excused from answering
or otherwise pleading until 30 days | ||||||
23 | after being served with the
certificate
required by | ||||||
24 | paragraph 1.
| ||||||
25 | (b)
Where
a certificate and written report are required | ||||||
26 | pursuant to this
Section a separate
certificate and written |
| |||||||
| |||||||
1 | report shall be filed as to each
defendant who has been named | ||||||
2 | in the complaint and shall be filed as to each
defendant named | ||||||
3 | at a later time.
| ||||||
4 | (c)
Where the plaintiff intends to rely on the doctrine of | ||||||
5 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
6 | the
certificate and
written report must state that, in the | ||||||
7 | opinion of the reviewing health
professional, negligence has | ||||||
8 | occurred in the course of medical treatment.
The affiant shall | ||||||
9 | certify upon filing of the complaint that he is relying
on the | ||||||
10 | doctrine of "res ipsa loquitur".
| ||||||
11 | (d)
When the attorney intends to rely on the doctrine of | ||||||
12 | failure to
inform of the consequences of the procedure, the | ||||||
13 | attorney shall certify
upon the filing of the complaint that | ||||||
14 | the reviewing health professional
has, after reviewing the | ||||||
15 | medical record and other relevant materials involved
in the | ||||||
16 | particular action, concluded that a reasonable health | ||||||
17 | professional
would have informed the patient of the | ||||||
18 | consequences of the procedure.
| ||||||
19 | (e)
Allegations and denials in the affidavit, made without | ||||||
20 | reasonable
cause and found to be untrue, shall subject the | ||||||
21 | party pleading them or his
attorney, or both, to the payment of | ||||||
22 | reasonable expenses, actually incurred
by the other party by | ||||||
23 | reason of the untrue pleading, together with
reasonable | ||||||
24 | attorneys' fees to be summarily taxed by the court upon motion
| ||||||
25 | made within 30 days of the judgment or dismissal. In no event | ||||||
26 | shall the
award for attorneys' fees and expenses exceed those |
| |||||||
| |||||||
1 | actually paid by the
moving party, including the insurer, if | ||||||
2 | any. In proceedings under this
paragraph (e), the moving party | ||||||
3 | shall have the right to depose and examine
any and all | ||||||
4 | reviewing health professionals who prepared reports used in
| ||||||
5 | conjunction with an affidavit required by this Section. | ||||||
6 | (f)
A reviewing health professional who in good faith | ||||||
7 | prepares a report
used in conjunction with an affidavit | ||||||
8 | required by this Section shall have
civil immunity from | ||||||
9 | liability which otherwise might result from the
preparation of | ||||||
10 | such report.
| ||||||
11 | (g)
The failure
to file a certificate required by
this | ||||||
12 | Section shall be
grounds for dismissal
under Section 2-619.
| ||||||
13 | (h) (Blank).
| ||||||
14 | (i) (Blank).
| ||||||
15 | (Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.)
| ||||||
16 | (765 ILCS 86/Act rep.)
| ||||||
17 | Section 115. The Land Sales Registration Act of 1999 is | ||||||
18 | repealed.
| ||||||
19 | (765 ILCS 101/Act rep.)
| ||||||
20 | Section 120. The Real Estate Timeshare Act of 1999 is | ||||||
21 | repealed.
| ||||||
22 | Section 125. The Health Care Services Lien Act is amended | ||||||
23 | by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (770 ILCS 23/5)
| ||||||
2 | Sec. 5. Definitions. In this Act:
| ||||||
3 | "Health care professional" means any individual in any of | ||||||
4 | the following
license
categories: licensed physician, licensed | ||||||
5 | dentist,
licensed optometrist, licensed naprapath, licensed
| ||||||
6 | clinical
psychologist, or licensed physical therapist.
| ||||||
7 | "Health care provider" means any entity in any of the | ||||||
8 | following license
categories:
licensed hospital, licensed home | ||||||
9 | health
agency,
licensed ambulatory surgical treatment
center, | ||||||
10 | licensed long-term care facilities, or licensed
emergency | ||||||
11 | medical services personnel. | ||||||
12 | This amendatory Act of the 94th General Assembly applies to | ||||||
13 | causes of action accruing on or after its effective date.
| ||||||
14 | (Source: P.A. 93-51, eff. 7-1-03; 94-403, eff. 1-1-06.)
| ||||||
15 | Section 130. The Professional Service Corporation Act is | ||||||
16 | amended by changing Section 3.6 as follows:
| ||||||
17 | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| ||||||
18 | Sec. 3.6. "Related professions" and "related professional | ||||||
19 | services" mean
more than one personal service which requires as | ||||||
20 | a condition precedent to the
rendering thereof the obtaining of | ||||||
21 | a license and which prior to October 1,
1973 could not be | ||||||
22 | performed by a
corporation by reason of law; provided, however, | ||||||
23 | that these terms shall
be restricted to:
|
| |||||||
| |||||||
1 | (1) a combination of 2 or more of the following | ||||||
2 | personal services: (a)
"architecture" as defined in | ||||||
3 | Section 5 of the Illinois Architecture Practice
Act of | ||||||
4 | 1989, (b) "professional engineering" as defined in Section | ||||||
5 | 4 of the
Professional Engineering Practice Act of 1989, (c) | ||||||
6 | "structural engineering" as
defined in Section 5 of the | ||||||
7 | Structural Engineering
Practice Act of 1989, (d)
"land | ||||||
8 | surveying" as defined in Section 2 of the Illinois | ||||||
9 | Professional Land
Surveyor Act of 1989;
| ||||||
10 | (2) a combination of the following personal services: | ||||||
11 | (a) the practice of
medicine by persons licensed under the | ||||||
12 | Medical Practice Act of 1987, (b) the practice of podiatry | ||||||
13 | as defined in
the Podiatric Medical Practice Act of 1987, | ||||||
14 | (c) the practice of
dentistry as defined in the Illinois | ||||||
15 | Dental Practice Act, (d) the practice of
optometry as | ||||||
16 | defined in the Illinois Optometric Practice Act of 1987;
| ||||||
17 | (3) a combination of 2 or more of the following | ||||||
18 | personal services:
(a) the practice of clinical psychology | ||||||
19 | by persons licensed under the Clinical Psychologist | ||||||
20 | Licensing Act, (b) the practice of social work or clinical | ||||||
21 | social work by persons licensed under the Clinical Social | ||||||
22 | Work and Social Work Practice Act, (c) the practice of | ||||||
23 | marriage and family therapy by persons licensed under the | ||||||
24 | Marriage and Family Therapy Licensing Act, (d) the practice | ||||||
25 | of professional counseling or clinical professional | ||||||
26 | counseling by persons licensed under the Professional |
| |||||||
| |||||||
1 | Counselor and Clinical Professional Counselor Licensing | ||||||
2 | and Practice Act, or (e) the practice of sex offender | ||||||
3 | evaluations by persons licensed under the Sex Offender | ||||||
4 | Evaluation and Treatment Provider Act; or | ||||||
5 | (4) a combination of 2 or more of the following | ||||||
6 | personal services:
(a) the practice of acupuncture by | ||||||
7 | persons licensed under the Acupuncture Practice Act, (b) | ||||||
8 | the practice of massage by persons licensed under the | ||||||
9 | Massage Licensing Act, (c) the practice of naprapathy by | ||||||
10 | persons licensed under the Naprapathic Practice Act, (d) | ||||||
11 | the practice of occupational therapy by persons licensed | ||||||
12 | under the Illinois Occupational Therapy Practice Act, or | ||||||
13 | (d) (e) the practice of physical therapy by persons | ||||||
14 | licensed under the Illinois Physical Therapy Act. | ||||||
15 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
16 | Section 135. The Home Repair and Remodeling Act is amended | ||||||
17 | by changing Sections 18 and 20 as follows:
| ||||||
18 | (815 ILCS 513/18) | ||||||
19 | Sec. 18. Repairs following damaging weather. | ||||||
20 | (a) As used in this Section, "catastrophe" means a natural | ||||||
21 | occurrence, including but not limited to flood, drought, | ||||||
22 | earthquake, tornado, windstorm, or hailstorm, which damages or | ||||||
23 | destroys more than one residence. | ||||||
24 | (b) A contractor offering home repair or remodeling |
| |||||||
| |||||||
1 | services shall not advertise or promise to pay or rebate all or | ||||||
2 | any portion of any insurance deductible as an inducement to the | ||||||
3 | sale of goods or services. As used in this Section, a promise | ||||||
4 | to pay or rebate includes granting any allowance or offering | ||||||
5 | any discount against the fees to be charged or paying the | ||||||
6 | insured or any person directly or indirectly associated with | ||||||
7 | the property any form of compensation. | ||||||
8 | (c) A contractor offering home repair or remodeling | ||||||
9 | services shall not accept money or any form of compensation in | ||||||
10 | exchange for allowing an out of area contractor to use its | ||||||
11 | business name or license. | ||||||
12 | (d) (Blank) A contractor offering home repair or remodeling | ||||||
13 | services shall include its Illinois State roofing contractor | ||||||
14 | license name and number as it appears on its Illinois State | ||||||
15 | roofing license on all contracts, bids, and advertisements | ||||||
16 | involving roofing work as required by the Illinois Roofing | ||||||
17 | Industry Licensing Act . | ||||||
18 | (e) A person who has entered into a written contract with a | ||||||
19 | contractor offering home repair or remodeling services to | ||||||
20 | provide goods or services to be paid from the proceeds of a | ||||||
21 | property and casualty insurance policy may cancel the contract | ||||||
22 | prior to midnight on the earlier of the fifth business day | ||||||
23 | after the insured has received written notice from the insurer | ||||||
24 | that all or any part of the claim or contract is not a covered | ||||||
25 | loss under the insurance policy or the thirtieth business day | ||||||
26 | after receipt of a properly executed proof of loss by the |
| |||||||
| |||||||
1 | insurer from the insured. Cancellation is evidenced by the | ||||||
2 | insured giving written notice of cancellation to the contractor | ||||||
3 | offering home repair or remodeling services at the address | ||||||
4 | stated in the contract. Notice of cancellation, if given by | ||||||
5 | mail, is effective upon deposit into the United States mail, | ||||||
6 | postage prepaid and properly addressed to the contractor. | ||||||
7 | Notice of cancellation may be given by delivering or mailing a | ||||||
8 | signed and dated copy of the written notice of cancellation to | ||||||
9 | the contractor's business address as stated in the contract. | ||||||
10 | Notice of cancellation shall include a copy of the written | ||||||
11 | notice from the insurer to the effect that all or part of the | ||||||
12 | claim is not a covered loss under the insurance policy. Notice | ||||||
13 | of cancellation need not take a particular form and is | ||||||
14 | sufficient if it indicates, by any form of written expression, | ||||||
15 | the intention of the insured not to be bound by the contract. | ||||||
16 | (f) Any contract referred to in subsection (e), must | ||||||
17 | contain a statement in at least 10 point boldface, in | ||||||
18 | substantially the following form: | ||||||
19 | "You may cancel this contract at any time before | ||||||
20 | midnight on the earlier of the fifth business day after | ||||||
21 | you have received written notification from your | ||||||
22 | insurer that all or any part of the claim or contract | ||||||
23 | is not a covered loss under the insurance policy or the | ||||||
24 | thirtieth business day after your insurer has received | ||||||
25 | properly executed proof(s) of loss from you. See | ||||||
26 | attached notice of cancellation form for an |
| |||||||
| |||||||
1 | explanation of this right." | ||||||
2 | (g) Upon executing a contract referred to in subsection | ||||||
3 | (e), furnish each insured a fully completed form in duplicate, | ||||||
4 | captioned "NOTICE OF CANCELLATION", which shall be attached to | ||||||
5 | the contract but easily detachable, and which shall contain | ||||||
6 | boldface type of a minimum size of 10 points the following | ||||||
7 | statement with the appropriate fields completed by the | ||||||
8 | contractor: | ||||||
9 | "NOTICE OF CANCELLATION | ||||||
10 | If you are notified by your insurer that all or any | ||||||
11 | part of the claim or contract is not a covered loss | ||||||
12 | under the insurance policy, you may cancel the contract | ||||||
13 | by mailing or delivering a signed and dated copy of | ||||||
14 | this cancellation notice or any other written notice to | ||||||
15 | (name of contractor) at (address of contractor's place | ||||||
16 | of business) at any time prior to midnight on the | ||||||
17 | earlier of the fifth business day after you have | ||||||
18 | received such notice from your insurer or the thirtieth | ||||||
19 | business day after your insurer has received properly | ||||||
20 | executed proof(s) of loss from you. If you cancel, any | ||||||
21 | payments made by you under the contract, other than | ||||||
22 | payments for goods or services related to a catastrophe | ||||||
23 | which you agreed in writing to be necessary to prevent | ||||||
24 | damage to your property, will be returned to you within | ||||||
25 | 10 business days following receipt by the contractor of | ||||||
26 | your cancellation notice. |
| |||||||
| |||||||
1 | I HEREBY CANCEL THIS TRANSACTION | ||||||
2 | ................................ | ||||||
3 | (date) | ||||||
4 | ................................ | ||||||
5 | (insured's signature)". | ||||||
6 | (h) Within 10 days after a contract referred to in | ||||||
7 | subsection (e) has been cancelled, the contractor offering home | ||||||
8 | repair or remodeling services shall tender to the insured any | ||||||
9 | payments, partial payments, or deposits made by the insured and | ||||||
10 | any note or other evidence of indebtedness. If, however, the | ||||||
11 | contractor has provided any goods or services related to a | ||||||
12 | catastrophe, acknowledged and agreed to by the insured in | ||||||
13 | writing to be necessary to prevent damage to the premises, the | ||||||
14 | contractor is entitled to the reasonable value of such goods | ||||||
15 | and services. Any provision in a contract referred to in | ||||||
16 | subsection (e) that requires the payment of any fee for | ||||||
17 | anything except goods or services related to a catastrophe | ||||||
18 | shall not be enforceable against any insured who has cancelled | ||||||
19 | a contract pursuant to this Section. | ||||||
20 | (i) A contractor offering home repair or remodeling | ||||||
21 | services shall not represent, or offer or advertise to | ||||||
22 | represent, on behalf of a homeowner on any insurance claim in | ||||||
23 | connection with the repair or replacement of roof systems, or | ||||||
24 | the performance of any other interior or exterior repair, | ||||||
25 | replacement, construction or reconstruction work; or otherwise | ||||||
26 | violate the Public Adjusters Law (Public Act 96-1332). A Public |
| |||||||
| |||||||
1 | Adjuster means any person who acts on behalf of the insured in | ||||||
2 | preparing and adjusting a claim for loss or damage covered by | ||||||
3 | an insurance contract. A contractor offering home repair or | ||||||
4 | remodeling services shall not call in or file a claim to an | ||||||
5 | insurance carrier on the insured's behalf. A contractor | ||||||
6 | offering home repair or remodeling services shall not climb on | ||||||
7 | a roof or inspect for exterior damage without the insured's | ||||||
8 | express permission. Nothing in this subsection shall be | ||||||
9 | construed to prohibit a residential contractor from: (1) | ||||||
10 | providing an insured an estimate for repair, replacement, | ||||||
11 | construction, or reconstruction of the insured's property and | ||||||
12 | any such estimate may be submitted to the insured's insurance | ||||||
13 | company; (2) conferring with an insurance company's | ||||||
14 | representative about damage to an insured's property; or (3) | ||||||
15 | discussing repair or replacement options with an insurance | ||||||
16 | company's representative or the insured about options for the | ||||||
17 | repair or replacement of the damage.
| ||||||
18 | (Source: P.A. 97-235, eff. 1-1-12.)
| ||||||
19 | (815 ILCS 513/20)
| ||||||
20 | Sec. 20. Consumer rights brochure.
| ||||||
21 | (a) For any contract over $1,000, any
person engaging in | ||||||
22 | the business
of home repair and remodeling shall provide to its | ||||||
23 | customers a copy of the
"Home Repair: Know Your Consumer | ||||||
24 | Rights" pamphlet prior to the execution of any
home repair and | ||||||
25 | remodeling contract. The consumer shall sign and date an
|
| |||||||
| |||||||
1 | acknowledgment form entitled "Consumer Rights Acknowledgment | ||||||
2 | Form" that states:
"I, the homeowner, have received from the | ||||||
3 | contractor a copy of the pamphlet
entitled 'Home Repair: Know | ||||||
4 | Your Consumer Rights.'" The contractor or his or
her | ||||||
5 | representative shall also sign and date the acknowledgment | ||||||
6 | form, which
includes the name and address of the home repair | ||||||
7 | and remodeling business. The
acknowledgment form shall be in | ||||||
8 | duplicate and incorporated into the pamphlet.
The original | ||||||
9 | acknowledgment form shall be retained by the contractor and the
| ||||||
10 | duplicate copy shall be retained within the pamphlet by the | ||||||
11 | consumer.
| ||||||
12 | (b) For any contract for $1,000 or under, any person | ||||||
13 | engaging in the
business
of home repair and remodeling shall | ||||||
14 | provide to its customers a copy of the
"Home Repair: Know Your | ||||||
15 | Consumer Rights" pamphlet. No written acknowledgment
of | ||||||
16 | receipt of the pamphlet is required for a contract of $1,000 or | ||||||
17 | under.
| ||||||
18 | (c) The
pamphlet must be a separate
document, in at least | ||||||
19 | 12 point type, and in legible ink. The pamphlet shall
read as | ||||||
20 | follows:
| ||||||
21 | "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
| ||||||
22 | As you plan for your home repair/improvement project, it is | ||||||
23 | important to
ask the right questions in order to protect your | ||||||
24 | investment. The tips in this
fact sheet should allow you to |
| |||||||
| |||||||
1 | protect yourself and minimize the possibility
that a | ||||||
2 | misunderstanding may occur.
| ||||||
3 | AVOIDING HOME REPAIR FRAUD
| ||||||
4 | Please use extreme caution when confronted with the following | ||||||
5 | warning signs of
a potential scam:
| ||||||
6 | (1) Door-to-door salespersons with no local connections | ||||||
7 | who offer to do
home repair work for substantially less than | ||||||
8 | the market price.
| ||||||
9 | (2) Solicitations for repair work from a company that lists | ||||||
10 | only a
telephone number or a post-office box number to contact, | ||||||
11 | particularly if it is
an
out-of-state company.
| ||||||
12 | (3) Contractors who fail to provide customers references | ||||||
13 | when requested.
| ||||||
14 | (4) Persons offering to inspect your home for free. Do not | ||||||
15 | admit anyone
into your home unless he or she can present | ||||||
16 | authentic identification
establishing his or her business | ||||||
17 | status. When in doubt, do not hesitate to
call the
worker's | ||||||
18 | employer to verify his or her identity.
| ||||||
19 | (5) Contractors demanding cash payment for a job or who ask | ||||||
20 | you to make a
check payable to a person other than the owner or | ||||||
21 | company name.
| ||||||
22 | (6) Offers from a contractor to drive you to the bank to | ||||||
23 | withdraw funds to
pay for the work.
|
| |||||||
| |||||||
1 | CONTRACTS
| ||||||
2 | (1) Get all estimates in writing.
| ||||||
3 | (2) Do not be induced into signing a contract by | ||||||
4 | high-pressure sales
tactics.
| ||||||
5 | (3) Never sign a contract with blank spaces or one you do | ||||||
6 | not fully
understand. If you are taking out a loan to finance | ||||||
7 | the work, do not sign the
contract before your lender approves | ||||||
8 | the loan.
| ||||||
9 | (4) Remember, you have 3 business days from the time you | ||||||
10 | sign your
contract
to cancel any contract if the sale is made | ||||||
11 | at your home. The contractor cannot
deprive you of this right | ||||||
12 | by initiating work, selling your contract to a
lender, or any | ||||||
13 | other tactic.
| ||||||
14 | (5) If the contractor does business under a name other than | ||||||
15 | the
contractor's
real name, the business must either be | ||||||
16 | incorporated or registered under the
Assumed Business Name Act. | ||||||
17 | Check with the Secretary of State to see if the
business is
| ||||||
18 | incorporated or with the county clerk to see if the business | ||||||
19 | has registered
under the Assumed Business Name Act.
| ||||||
20 | (6) Homeowners should check with local and county units of | ||||||
21 | government to
determine if permits or inspections are required.
| ||||||
22 | (7) Determine whether the contractor will guarantee his or | ||||||
23 | her work and
products.
| ||||||
24 | (8) Determine whether the contractor has the proper | ||||||
25 | insurance.
|
| |||||||
| |||||||
1 | (9) Do not sign a certificate of completion or make final | ||||||
2 | payment until
the
work is done to your satisfaction.
| ||||||
3 | (10) Remember, homeowners should know who provides | ||||||
4 | supplies and labor for
any work performed on your home. | ||||||
5 | Suppliers and subcontractors have a right to
file a lien | ||||||
6 | against your property if the general contractor fails to pay | ||||||
7 | them.
To protect your property, request lien waivers from the | ||||||
8 | general contractor.
| ||||||
9 | BASIC TERMS TO BE INCLUDED IN A CONTRACT
| ||||||
10 | (1) Contractor's full name, address, and telephone number. | ||||||
11 | Illinois law
requires that
persons selling home repair and | ||||||
12 | improvement services provide their customers
with notice of any | ||||||
13 | change to their business name or address that comes about
prior | ||||||
14 | to the agreed dates for beginning or completing the work.
| ||||||
15 | (2) A description of the work to be performed.
| ||||||
16 | (3) Starting and estimated completion dates.
| ||||||
17 | (4) Total cost of work to be performed.
| ||||||
18 | (5) Schedule and method of payment, including down payment, | ||||||
19 | subsequent
payments, and final payment.
| ||||||
20 | (6) A provision stating the grounds for termination of the | ||||||
21 | contract by
either party. However, the homeowner must pay the | ||||||
22 | contractor for work
completed. If the contractor fails to | ||||||
23 | commence or complete work within the
contracted time period, | ||||||
24 | the homeowner may cancel and may be entitled to a
refund of any |
| |||||||
| |||||||
1 | down payment
or other payments made towards the work, upon | ||||||
2 | written demand by certified mail.
| ||||||
3 | (7) A provision stating the grounds for termination of the | ||||||
4 | contract if you are notified by your insurer that all or any | ||||||
5 | part of the claim or contract is not a covered loss under the | ||||||
6 | insurance policy, you may cancel the contract by mailing or | ||||||
7 | delivering written notice to (name of contractor) at (address | ||||||
8 | of contractor's place of business) at any time prior to the | ||||||
9 | earlier of midnight on the fifth business day after you have | ||||||
10 | received such notice from your insurer or the thirtieth | ||||||
11 | business day after receipt of a properly executed proof of loss | ||||||
12 | by the insurer from the insured. If you cancel, any payments | ||||||
13 | made by you under the contract will be returned to you within | ||||||
14 | 10 business days following receipt by the contractor of your | ||||||
15 | cancellation notice. If, however, the contractor has provided | ||||||
16 | any goods or services related to a catastrophe, acknowledged | ||||||
17 | and agreed to by the insured homeowner in writing to be | ||||||
18 | necessary to prevent damage to the premises, the contractor is | ||||||
19 | entitled to the reasonable value of such goods and services. | ||||||
20 | Homeowners should obtain a copy of the signed contract and | ||||||
21 | keep it in a safe
place for reference as needed.
| ||||||
22 | To file a complaint against a roofing contractor, contact | ||||||
23 | the Illinois Department of Financial and Professional | ||||||
24 | Regulation at 312-814-6910 or file a complaint directly on its | ||||||
25 | website.
|
| |||||||
| |||||||
1 | IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
| ||||||
2 | If you think you have been defrauded by a contractor or | ||||||
3 | have any questions,
please bring
it to the attention of your | ||||||
4 | State's Attorney or the Illinois Attorney General's
Office.
| ||||||
5 | Attorney General Toll-Free Numbers
| ||||||
6 | Carbondale (800) 243-0607
| ||||||
7 | Springfield (800) 243-0618
| ||||||
8 | Chicago (800) 386-5438".
| ||||||
9 | (Source: P.A. 97-235, eff. 1-1-12.)
| ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|