Bill Text: IL SB0326 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning delivery services implementation plans.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-05-22 - Motion Prevailed [SB0326 Detail]

Download: Illinois-2017-SB0326-Engrossed.html



SB0326 EngrossedLRB100 04921 RJF 14931 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.32 as follows:
6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act.
10 The Collateral Recovery Act.
11 The Detection of Deception Examiners Act.
12 The Home Inspector License Act.
13 The Registered Interior Designers Design Title Act.
14 The Massage Licensing Act.
15 The Petroleum Equipment Contractors Licensing Act.
16 The Real Estate Appraiser Licensing Act of 2002.
17 The Water Well and Pump Installation Contractor's License
18Act.
19(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
2097-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
218-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
22eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)

SB0326 Engrossed- 2 -LRB100 04921 RJF 14931 b
1 Section 10. The Interior Design Title Act is amended by
2changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 and by adding
3Sections 11.5 and 30.5 as follows:
4 (225 ILCS 310/1) (from Ch. 111, par. 8201)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 1. Short title. This Act may be cited as the
7Registered Interior Designers Design Title Act.
8(Source: P.A. 92-104, eff. 7-20-01.)
9 (225 ILCS 310/2) (from Ch. 111, par. 8202)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 2. Public policy. Interior design in the State of
12Illinois is hereby declared to affect the public health,
13safety, and welfare and to be subject to regulation and control
14in the public interest. It is further declared to be a matter
15of public interest and concern that the interior design
16profession professions merit and receive the confidence of the
17public and that only qualified persons be permitted to use the
18title of registered interior designer in the State of Illinois.
19This Act shall be liberally construed to carry out these
20objectives and purposes.
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
22 (225 ILCS 310/3) (from Ch. 111, par. 8203)
23 (Section scheduled to be repealed on January 1, 2022)

SB0326 Engrossed- 3 -LRB100 04921 RJF 14931 b
1 Sec. 3. Definitions. As used in this Act:
2 "Department" means the Department of Financial and
3Professional Regulation.
4 "Secretary" means the Secretary of Financial and
5Professional Regulation.
6 "Board" means the Board of Registered Interior Design
7Professionals established under Section 6 of this Act.
8 "Department" means the Department of Financial and
9Professional Regulation.
10 "The profession of interior design", within the meaning and
11intent of this Act, refers to persons qualified by education,
12experience, and examination, who administer contracts for
13fabrication, procurement, or installation in the
14implementation of designs, drawings, and specifications for
15any interior design project and offer or furnish professional
16services, such as consultations, studies, drawings, and
17specifications in connection with the location of lighting
18fixtures, lamps and specifications of ceiling finishes as shown
19in reflected ceiling plans, space planning, furnishings, or the
20fabrication of non-loadbearing structural elements within and
21surrounding interior spaces of buildings but specifically
22excluding mechanical and electrical systems, except for
23specifications of fixtures and their location within interior
24spaces.
25 "Public member" means a person who is not an interior
26designer, educator in the field, architect, structural

SB0326 Engrossed- 4 -LRB100 04921 RJF 14931 b
1engineer, or professional engineer. For purposes of board
2membership, any person with a significant financial interest in
3the design or construction service or profession is not a
4public member.
5 "Registered interior designer" means a person who has
6received registration under Section 8 of this Act. A person
7represents himself or herself to be a "registered interior
8designer" within the meaning of this Act if he or she holds
9himself or herself out to the public by any title incorporating
10the words "registered interior designer" or any title that
11includes the words "registered interior design".
12 "Secretary" means the Secretary of Financial and
13Professional Regulation.
14 "The profession of interior design", within the meaning and
15intent of this Act, refers to persons qualified by education,
16experience, and examination, who administer contracts for
17fabrication, procurement, or installation in the
18implementation of designs, drawings, and specifications for
19any interior design project and offer or furnish professional
20services, such as consultations, studies, drawings, and
21specifications in connection with the location of lighting
22fixtures, lamps and specifications of ceiling finishes as shown
23in reflected ceiling plans, space planning, furnishings, or the
24fabrication of non-loadbearing structural elements within and
25surrounding interior spaces of buildings but specifically
26excluding mechanical and electrical systems, except for

SB0326 Engrossed- 5 -LRB100 04921 RJF 14931 b
1specifications of fixtures and their location within interior
2spaces.
3 A person represents himself or herself to be a "registered
4interior designer" within the meaning of this Act if he or she
5holds himself or herself out to the public by any title
6incorporating the words "registered interior designer" or any
7title that includes the words "registered interior design".
8(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
9 (225 ILCS 310/5) (from Ch. 111, par. 8205)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 5. Powers and duties of the Department. Subject to the
12provisions of this Act, the Department shall exercise the
13following functions, powers, and duties:
14 (a) To conduct or authorize examinations to ascertain
15 the fitness and qualifications of applicants for
16 registration and issue certificates of registration to
17 those who are found to be fit and qualified.
18 (b) To prescribe rules and regulations for a method of
19 examination of candidates. The Department shall designate
20 as its examination for registered interior designers the
21 National Council for Interior Design Qualification
22 examination.
23 (c) To adopt as its own rules relating to education and
24 experience requirements, those guidelines published from
25 time to time by the Council for Interior Design

SB0326 Engrossed- 6 -LRB100 04921 RJF 14931 b
1 Accreditation Foundation for Interior Design Education
2 Research or its successor entity equivalent.
3 (d) To conduct hearings on proceedings to revoke,
4 suspend, or refuse to issue certificates of registration.
5 (e) To promulgate rules and regulations required for
6 the administration of this Act.
7 (f) The Department is encouraged to:
8 (1) maintain membership in the Council for
9 Interior Design Qualification and participate in
10 activities of the Council for Interior Design
11 Qualification Council of Delegates; and
12 (2) designate at least one employee of the
13 Department to attend national and regional meetings of
14 the Council for Interior Design Qualification. All
15 costs associated with Department membership and
16 attendance of the delegate to any national or regional
17 Council for Interior Design Qualification meetings may
18 be funded from the General Professions Dedicated Fund.
19(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
20 (225 ILCS 310/8) (from Ch. 111, par. 8208)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 8. Requirements for registration.
23 (a) Each applicant for registration shall apply to the
24Department in writing on a form provided by the Department.
25Except as otherwise provided in this Act, each applicant shall

SB0326 Engrossed- 7 -LRB100 04921 RJF 14931 b
1take and pass the examination approved by the Department. Prior
2to registration, the applicant shall provide substantial
3evidence to the Board that the applicant: (1) is a graduate of
4a 5 year interior design program from an accredited institution
5and has completed at least 2 years of full time diversified
6interior design experience; (2) is a graduate of a 4 year
7interior design program from an accredited institution and has
8completed at least 2 years of full time diversified interior
9design experience; (3) has completed at least 3 years of
10interior design curriculum from an accredited institution and
11has completed 3 years of full time diversified interior design
12experience; (4) is a graduate of a 2 year interior design
13program from an accredited institution and has completed 4
14years of full time diversified interior design experience; or
15(5) (blank). (b) In addition to providing evidence of meeting
16the requirements of subsection (a): (1) Each applicant for
17registration as a registered interior designer shall provide
18substantial evidence, including written documentation, to the
19Department that he or she has successfully passed completed the
20examination administered by the National Council for Interior
21Design Qualification Qualifications. The evidence and
22documentation shall be placed on file at the Department and be
23available to the Board.
24 (2) (Blank).
25 Examinations for applicants under this Act may be held at
26the direction of the Department from time to time but not less

SB0326 Engrossed- 8 -LRB100 04921 RJF 14931 b
1than once each year. The scope and form of the examination
2shall conform to the National Council for Interior Design
3Qualification examination for interior designers.
4 (b) Each applicant for registration who possesses the
5necessary qualifications shall pay to the Department the
6required registration fee, which is not refundable, at the time
7of filing his or her application.
8 (c) An individual may apply applying for original
9registration prior to passing the National Council for Interior
10Design Qualification examination. He or she shall have 2 years
11after 3 years from the date of filing an application to pass
12the examination complete the application process. If evidence
13and documentation of passing the examination is received by the
14Department later than 2 years after the individual's filing the
15process has not been completed in 3 years, the application
16shall be denied and the fee forfeited. The applicant may
17reapply at any time , but shall meet the requirements in effect
18at the time of reapplication.
19 (c) (Blank).
20 (c-5) (Blank).
21 (d) Upon payment of the required fee, which shall be
22determined by rule, an applicant who is an architect licensed
23under the laws of this State may, without passing the National
24Council for Interior Design Qualification examination, be
25granted registration as a registered interior designer by the
26Department provided the applicant submits proof of an active

SB0326 Engrossed- 9 -LRB100 04921 RJF 14931 b
1architectural license in Illinois.
2 (e) (Blank).
3(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
4 (225 ILCS 310/9) (from Ch. 111, par. 8209)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 9. Expiration; renewal; restoration.
7 (a) The expiration date and renewal period for each
8certificate of registration issued under this Act shall be set
9by rule. A registrant may renew such registration during the
10month preceding its expiration date by paying the required
11renewal fee.
12 (b) Inactive status.
13 (1) Any registrant who notifies the Department in
14 writing on forms prescribed by the Department may elect to
15 place his or her certificate of registration on an inactive
16 status and shall, subject to rules of the Department, be
17 excused from payment of renewal fees until he or she
18 notifies the Department in writing of his or her desire to
19 resume active status.
20 (2) Any registrant requesting restoration from
21 inactive status shall be required to pay the current
22 renewal fee and shall be required to restore his or her
23 registration.
24 (3) Any registrant whose registration is on inactive
25 status shall not use the title "registered interior

SB0326 Engrossed- 10 -LRB100 04921 RJF 14931 b
1 designer" in the State of Illinois.
2 (4) Any registrant who uses the title "registered
3 interior designer" while his or her certificate of
4 registration is lapsed or inactive shall be considered to
5 be using the title without a registration which shall be
6 grounds for discipline under Section 13 of this Act.
7 (c) Any registrant whose registration has expired may have
8his or her certificate of registration restored at any time
9within 5 years after its expiration, upon payment of the
10required fee.
11 (d) Any person whose registration has been expired for more
12than 5 years may have his or her registration restored by
13making application to the Department and filing proof
14acceptable to the Department of his or her fitness to have his
15or her registration restored, including sworn evidence
16certifying to active lawful practice in another jurisdiction,
17and by paying the required restoration fee. A person using the
18title "registered interior designer" on an expired
19registration is deemed to be in violation of this Act.
20 (e) If a person whose certificate of registration has
21expired has not maintained active status in another
22jurisdiction, the Department shall determine, by an evaluation
23process established by rule, his or her fitness to resume
24active status and may require the person to complete a period
25of evaluated practical experience, and may require successful
26completion of an examination.

SB0326 Engrossed- 11 -LRB100 04921 RJF 14931 b
1 (f) Any person whose certificate of registration has
2expired while he or she has been engaged (1) in federal or
3State service active duty, or (2) in training or education
4under the supervision of the United States preliminary to
5induction into the military service, may have his or her
6registration restored without paying any lapsed renewal or
7restoration fee if, within 2 years after termination of such
8service, training or education, he or she furnishes the
9Department with satisfactory proof that he or she has been so
10engaged and that his or her service, training, or education has
11been so terminated.
12 (g) An individual applying for restoration of a
13registration shall have 3 years from the date of application to
14complete the application process. If the process has not been
15completed in 3 years, the application shall be denied and the
16fee forfeited. The applicant may reapply at any time , but shall
17meet the requirement in effect at the time of reapplication.
18(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
19 (225 ILCS 310/10) (from Ch. 111, par. 8210)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 10. Foreign applicants. Upon payment of the required
22fee, an applicant who is an interior designer currently
23registered, certified, or licensed under the laws of another
24state or territory of the United States or a foreign country or
25province shall, without further examination, be granted

SB0326 Engrossed- 12 -LRB100 04921 RJF 14931 b
1registration as an interior designer, as the case may be, by
2the Department if, as determined by the Department, the
3applicant provides adequate documentation establishing:
4 (1) that the applicant has passed the National Council
5 for Interior Design Qualification examination; and
6 (2) the applicant's current licensure, certification,
7 or registration with regard to the practice of interior
8 design in one or more jurisdictions; (a) whenever the
9 requirements of such state or territory of the United
10 States or a foreign country or province were, at the date
11 of registration, certification, or licensure,
12 substantially equal to or greater than the requirements
13 then in force in this State. ; or
14 (b) whenever such requirements of another state or
15 territory of the United States or a foreign country or
16 province together with educational and professional
17 qualifications, as distinguished from practical
18 experience, of the applicant since obtaining a license as
19 an interior designer in such state or territory of the
20 United States are substantially equal to the requirements
21 in force in Illinois at the time of application for
22 registration.
23(Source: P.A. 96-1334, eff. 7-27-10.)
24 (225 ILCS 310/11.5 new)
25 Sec. 11.5. Continuing education.

SB0326 Engrossed- 13 -LRB100 04921 RJF 14931 b
1 (a) This Section applies to an individual applying for
2renewal or restoration of registration as a registered interior
3designer.
4 (b) An applicant for renewal of registration shall submit
5proof to the Department of having completed 24 continuing
6education units from one or more Department approved continuing
7education providers during the term of the registration.
8 An applicant shall prove completion of continuing
9education units by submitting with the registration renewal
10application the following information:
11 (1) Official documentation from a continuing education
12 provider, including:
13 (A) the name and address of the continuing
14 education provider;
15 (B) the dates on which the applicant attended the
16 provider's continuing education course;
17 (C) the name of the continuing education course and
18 a description of the subject matter covered; and
19 (D) the hours of credit earned by the applicant due
20 to his or her successful completion of the continuing
21 education course.
22 (2) Satisfactory documentation that a total of at least
23 12 continuing education units addresses one or more of the
24 following subject matters:
25 (A) The health, wellness, or overall consumer
26 protection of building occupants.

SB0326 Engrossed- 14 -LRB100 04921 RJF 14931 b
1 (B) Public safety, with an emphasis on the impact
2 and application of the State, county, and local
3 building codes, especially those pertaining to fire
4 safety within interior spaces of a building or
5 structure.
6 (C) Resiliency.
7 (D) Sustainability.
8 (E) The impact and application of the federal
9 Americans with Disabilities Act and State, county, or
10 local accessibility standards or laws, such as the
11 Environmental Barriers Act and the Illinois
12 Accessibility Code.
13 (c) An individual with an expired registration of more than
14one year seeking to restore the registration is required to
15meet the same continuing education requirements as an
16individual applying for renewal.
17 (d) The Department shall only approve continuing education
18providers that have an established track record of annual
19course offerings that contribute to individuals' growth of
20professional competence in the practice of interior design.
21 (e) The Department may, in its discretion, grant extensions
22of no more than one year for renewal after expiration if the
23individual applicant's failure to submit proof of completion of
24required continuing education units was due to emergency or
25hardship, including:
26 (1) serious and protracted illness of the applicant;

SB0326 Engrossed- 15 -LRB100 04921 RJF 14931 b
1 (2) the death or serious and protracted illness of a
2 member of the applicant's immediate family; or
3 (3) the applicant or the applicant's spouse being on
4 extended active military duty.
5 An extension granted under this Section does not relieve a
6registered interior designer from complying with the
7continuing education requirement.
8 (225 ILCS 310/13) (from Ch. 111, par. 8213)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 13. Refusal, revocation or suspension of
11registration. The Department may refuse to issue, renew, or
12restore or may revoke, suspend, place on probation, reprimand
13or take other disciplinary action as the Department may deem
14proper, including fines not to exceed $5,000 for each
15violation, with regard to any registration for any one or
16combination of the following causes:
17 (a) Fraud in procuring the certificate of
18 registration.
19 (b) Habitual intoxication or addiction to the use of
20 drugs.
21 (c) Making any misrepresentations or false promises,
22 directly or indirectly, to influence, persuade, or induce
23 patronage.
24 (d) Professional connection or association with, or
25 lending his or her name, to another for illegal use of the

SB0326 Engrossed- 16 -LRB100 04921 RJF 14931 b
1 title "registered interior designer", or professional
2 connection or association with any person, firm, or
3 corporation holding itself out in any manner contrary to
4 this Act.
5 (e) Obtaining or seeking to obtain checks, money, or
6 any other items of value by false or fraudulent
7 representations.
8 (f) Use of the title under a name other than his or her
9 own.
10 (g) Improper, unprofessional, or dishonorable conduct
11 of a character likely to deceive, defraud, or harm the
12 public.
13 (h) Conviction in this or another state, or federal
14 court, of any crime which is a felony, if the Department
15 determines, after investigation, that such person has not
16 been sufficiently rehabilitated to warrant the public
17 trust.
18 (i) A violation of any provision of this Act or its
19 rules.
20 (j) Revocation by another state, the District of
21 Columbia, territory, or foreign nation of an interior
22 design or residential interior design license,
23 certification, or registration if at least one of the
24 grounds for that revocation is the same as or the
25 equivalent of one of the grounds for revocation set forth
26 in this Act.

SB0326 Engrossed- 17 -LRB100 04921 RJF 14931 b
1 (k) Mental incompetence as declared by a court of
2 competent jurisdiction.
3 (l) Being named as a perpetrator in an indicated report
4 by the Department of Children and Family Services pursuant
5 to the Abused and Neglected Child Reporting Act, and upon
6 proof by clear and convincing evidence that the registrant
7 has caused a child to be an abused child or neglected child
8 as defined in the Abused and Neglected Child Reporting Act.
9 (m) Aiding or assisting another person in violating any
10 provision of this Act or its rules.
11 (n) Failure to provide information in response to a
12 written request made by the Department within 30 days after
13 receipt of the written request.
14 (o) Physical illness, including, but not limited to,
15 deterioration through the aging process or loss of motor
16 skill that results in the inability to practice interior
17 design with reasonable judgment, skill, or safety.
18 The Department shall deny a registration or renewal
19authorized by this Act to any person who has defaulted on an
20educational loan guaranteed by the Illinois Student Assistance
21Commission; however, the Department may issue a certificate of
22registration or renewal if such person has established a
23satisfactory repayment record as determined by the Illinois
24Student Assistance Commission.
25 The Department may refuse to issue or may suspend the
26registration of any person who fails to file a return, or to

SB0326 Engrossed- 18 -LRB100 04921 RJF 14931 b
1pay the tax, penalty, or interest showing in a filed return, or
2to pay any final assessment of tax, penalty, or interest, as
3required by any tax Act administered by the Illinois Department
4of Revenue, until such time as the requirements of any such tax
5Act are satisfied.
6 The entry of a decree by any circuit court establishing
7that any person holding a certificate of registration under
8this Act is a person subject to involuntary admission under the
9Mental Health and Developmental Disabilities Code shall
10operate as a suspension of that registration. That person may
11resume using the title "registered interior designer" only upon
12a finding by the Board that he or she has been determined to be
13no longer subject to involuntary admission by the court and
14upon the Board's recommendation to the Director that he or she
15be permitted to resume using the title "registered interior
16designer".
17(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
18 (225 ILCS 310/30.5 new)
19 Sec. 30.5. Roster. The Department shall annually prepare a
20roster showing the names and addresses of all registered
21interior designers. This roster shall be available online and
22electronically upon written request and payment of a required
23fee as determined by the Department.
24 Section 15. The Unified Code of Corrections is amended by

SB0326 Engrossed- 19 -LRB100 04921 RJF 14931 b
1changing Section 5-5-5 as follows:
2 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
3 Sec. 5-5-5. Loss and Restoration of Rights.
4 (a) Conviction and disposition shall not entail the loss by
5the defendant of any civil rights, except under this Section
6and Sections 29-6 and 29-10 of The Election Code, as now or
7hereafter amended.
8 (b) A person convicted of a felony shall be ineligible to
9hold an office created by the Constitution of this State until
10the completion of his sentence.
11 (c) A person sentenced to imprisonment shall lose his right
12to vote until released from imprisonment.
13 (d) On completion of sentence of imprisonment or upon
14discharge from probation, conditional discharge or periodic
15imprisonment, or at any time thereafter, all license rights and
16privileges granted under the authority of this State which have
17been revoked or suspended because of conviction of an offense
18shall be restored unless the authority having jurisdiction of
19such license rights finds after investigation and hearing that
20restoration is not in the public interest. This paragraph (d)
21shall not apply to the suspension or revocation of a license to
22operate a motor vehicle under the Illinois Vehicle Code.
23 (e) Upon a person's discharge from incarceration or parole,
24or upon a person's discharge from probation or at any time
25thereafter, the committing court may enter an order certifying

SB0326 Engrossed- 20 -LRB100 04921 RJF 14931 b
1that the sentence has been satisfactorily completed when the
2court believes it would assist in the rehabilitation of the
3person and be consistent with the public welfare. Such order
4may be entered upon the motion of the defendant or the State or
5upon the court's own motion.
6 (f) Upon entry of the order, the court shall issue to the
7person in whose favor the order has been entered a certificate
8stating that his behavior after conviction has warranted the
9issuance of the order.
10 (g) This Section shall not affect the right of a defendant
11to collaterally attack his conviction or to rely on it in bar
12of subsequent proceedings for the same offense.
13 (h) No application for any license specified in subsection
14(i) of this Section granted under the authority of this State
15shall be denied by reason of an eligible offender who has
16obtained a certificate of relief from disabilities, as defined
17in Article 5.5 of this Chapter, having been previously
18convicted of one or more criminal offenses, or by reason of a
19finding of lack of "good moral character" when the finding is
20based upon the fact that the applicant has previously been
21convicted of one or more criminal offenses, unless:
22 (1) there is a direct relationship between one or more
23 of the previous criminal offenses and the specific license
24 sought; or
25 (2) the issuance of the license would involve an
26 unreasonable risk to property or to the safety or welfare

SB0326 Engrossed- 21 -LRB100 04921 RJF 14931 b
1 of specific individuals or the general public.
2 In making such a determination, the licensing agency shall
3consider the following factors:
4 (1) the public policy of this State, as expressed in
5 Article 5.5 of this Chapter, to encourage the licensure and
6 employment of persons previously convicted of one or more
7 criminal offenses;
8 (2) the specific duties and responsibilities
9 necessarily related to the license being sought;
10 (3) the bearing, if any, the criminal offenses or
11 offenses for which the person was previously convicted will
12 have on his or her fitness or ability to perform one or
13 more such duties and responsibilities;
14 (4) the time which has elapsed since the occurrence of
15 the criminal offense or offenses;
16 (5) the age of the person at the time of occurrence of
17 the criminal offense or offenses;
18 (6) the seriousness of the offense or offenses;
19 (7) any information produced by the person or produced
20 on his or her behalf in regard to his or her rehabilitation
21 and good conduct, including a certificate of relief from
22 disabilities issued to the applicant, which certificate
23 shall create a presumption of rehabilitation in regard to
24 the offense or offenses specified in the certificate; and
25 (8) the legitimate interest of the licensing agency in
26 protecting property, and the safety and welfare of specific

SB0326 Engrossed- 22 -LRB100 04921 RJF 14931 b
1 individuals or the general public.
2 (i) A certificate of relief from disabilities shall be
3issued only for a license or certification issued under the
4following Acts:
5 (1) the Animal Welfare Act; except that a certificate
6 of relief from disabilities may not be granted to provide
7 for the issuance or restoration of a license under the
8 Animal Welfare Act for any person convicted of violating
9 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
10 Care for Animals Act or Section 26-5 or 48-1 of the
11 Criminal Code of 1961 or the Criminal Code of 2012;
12 (2) the Illinois Athletic Trainers Practice Act;
13 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
14 and Nail Technology Act of 1985;
15 (4) the Boiler and Pressure Vessel Repairer Regulation
16 Act;
17 (5) the Boxing and Full-contact Martial Arts Act;
18 (6) the Illinois Certified Shorthand Reporters Act of
19 1984;
20 (7) the Illinois Farm Labor Contractor Certification
21 Act;
22 (8) the Registered Interior Designers Design Title
23 Act;
24 (9) the Illinois Professional Land Surveyor Act of
25 1989;
26 (10) the Illinois Landscape Architecture Act of 1989;

SB0326 Engrossed- 23 -LRB100 04921 RJF 14931 b
1 (11) the Marriage and Family Therapy Licensing Act;
2 (12) the Private Employment Agency Act;
3 (13) the Professional Counselor and Clinical
4 Professional Counselor Licensing and Practice Act;
5 (14) the Real Estate License Act of 2000;
6 (15) the Illinois Roofing Industry Licensing Act;
7 (16) the Professional Engineering Practice Act of
8 1989;
9 (17) the Water Well and Pump Installation Contractor's
10 License Act;
11 (18) the Electrologist Licensing Act;
12 (19) the Auction License Act;
13 (20) the Illinois Architecture Practice Act of 1989;
14 (21) the Dietitian Nutritionist Practice Act;
15 (22) the Environmental Health Practitioner Licensing
16 Act;
17 (23) the Funeral Directors and Embalmers Licensing
18 Code;
19 (24) the Land Sales Registration Act of 1999;
20 (25) the Professional Geologist Licensing Act;
21 (26) the Illinois Public Accounting Act; and
22 (27) the Structural Engineering Practice Act of 1989.
23(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
2497-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
251-25-13; 98-756, eff. 7-16-14.)

SB0326 Engrossed- 24 -LRB100 04921 RJF 14931 b
1 Section 20. The Mechanics Lien Act is amended by changing
2Section 1 as follows:
3 (770 ILCS 60/1) (from Ch. 82, par. 1)
4 Sec. 1. Contractor defined; amount of lien; waiver of lien;
5attachment of lien; agreement to waive; when not enforceable.
6 (a) Any person who shall by any contract or contracts,
7express or implied, or partly expressed or implied, with the
8owner of a lot or tract of land, or with one whom the owner has
9authorized or knowingly permitted to contract, to improve the
10lot or tract of land or for the purpose of improving the tract
11of land, or to manage a structure under construction thereon,
12is known under this Act as a contractor and has a lien upon the
13whole of such lot or tract of land and upon adjoining or
14adjacent lots or tracts of land of such owner constituting the
15same premises and occupied or used in connection with such lot
16or tract of land as a place of residence or business; and in
17case the contract relates to 2 or more buildings, on 2 or more
18lots or tracts of land, upon all such lots and tracts of land
19and improvements thereon for the amount due to him or her for
20the material, fixtures, apparatus, machinery, services or
21labor, and interest at the rate of 10% per annum from the date
22the same is due. This lien extends to an estate in fee, for
23life, for years, or any other estate or any right of redemption
24or other interest that the owner may have in the lot or tract
25of land at the time of making such contract or may subsequently

SB0326 Engrossed- 25 -LRB100 04921 RJF 14931 b
1acquire and this lien attaches as of the date of the contract.
2 (b) As used in subsection (a) of this Section, "improve"
3means to furnish labor, services, material, fixtures,
4apparatus or machinery, forms or form work in the process of
5construction where cement, concrete or like material is used
6for the purpose of or in the building, altering, repairing or
7ornamenting any house or other building, walk or sidewalk,
8whether the walk or sidewalk is on the land or bordering
9thereon, driveway, fence or improvement or appurtenances to the
10lot or tract of land or connected therewith, and upon, over or
11under a sidewalk, street or alley adjoining; or fill, sod or
12excavate such lot or tract of land, or do landscape work
13thereon or therefor; or raise or lower any house thereon or
14remove any house thereto, or remove any house or other
15structure therefrom, or perform any services or incur any
16expense as an architect, structural engineer, professional
17engineer, land surveyor, registered interior designer, or
18property manager in, for, or on a lot or tract of land for any
19such purpose; or drill any water well thereon; or furnish or
20perform labor or services as superintendent, time keeper,
21mechanic, laborer or otherwise, in the building, altering,
22repairing or ornamenting of the same; or furnish material,
23fixtures, apparatus, machinery, labor or services, forms or
24form work used in the process of construction where concrete,
25cement or like material is used, or drill any water well on the
26order of his agent, architect, structural engineer, registered

SB0326 Engrossed- 26 -LRB100 04921 RJF 14931 b
1interior designer, or superintendent having charge of the
2improvements, building, altering, repairing, or ornamenting
3the same.
4 (c) The taking of additional security by the contractor or
5sub-contractor is not a waiver of any right of lien which he
6may have by virtue of this Act, unless made a waiver by express
7agreement of the parties and the waiver is not prohibited by
8this Act.
9 (d) An agreement to waive any right to enforce or claim any
10lien under this Act, or an agreement to subordinate the lien,
11where the agreement is in anticipation of and in consideration
12for the awarding of a contract or subcontract, either express
13or implied, to perform work or supply materials for an
14improvement upon real property is against public policy and
15unenforceable. This Section does not prohibit release of lien
16under subsection (b) of Section 35 of this Act, nor does it
17prohibit an agreement to subordinate a mechanics lien to a
18mortgage lien that secures a construction loan if that
19agreement is made after more than 50% of the loan has been
20disbursed to fund improvements to the property.
21(Source: P.A. 98-764, eff. 7-16-14.)
feedback