Bill Amendment: IL SB0463 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0463 Detail]
Download: Illinois-2015-SB0463-Senate_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0463 Detail]
Download: Illinois-2015-SB0463-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 463
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2 | AMENDMENT NO. ______. Amend Senate Bill 463 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 Section 4.32 as follows:
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6 | (5 ILCS 80/4.32) | ||||||
7 | Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||||
8 | Acts are repealed on January 1, 2022: | ||||||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.
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12 | The Home Inspector License Act.
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13 | The Interior Design Profession Title Act.
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14 | The Massage Licensing Act.
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15 | The Petroleum Equipment Contractors Licensing Act.
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16 | The Real Estate Appraiser Licensing Act of 2002. |
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1 | The Water Well and Pump Installation Contractor's License | ||||||
2 | Act. | ||||||
3 | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | ||||||
4 | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | ||||||
5 | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | ||||||
6 | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
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7 | Section 10. The Interior Design Title Act is amended by | ||||||
8 | changing Sections 1, 3, and 5 and by adding Sections 4.10, | ||||||
9 | 4.15, and 4.20 as follows:
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10 | (225 ILCS 310/1) (from Ch. 111, par. 8201)
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11 | (Section scheduled to be repealed on January 1, 2022)
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12 | Sec. 1. Short title. This Act may be cited as the
Interior | ||||||
13 | Design Profession Title Act.
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14 | (Source: P.A. 92-104, eff. 7-20-01 .)
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15 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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16 | (Section scheduled to be repealed on January 1, 2022) | ||||||
17 | Sec. 3. Definitions. As used in this Act:
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18 | "Department" means the Department of Financial and | ||||||
19 | Professional
Regulation.
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20 | "Secretary" means the Secretary of Financial and | ||||||
21 | Professional
Regulation.
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22 | "Board" means the Board of Registered Interior Design | ||||||
23 | Professionals established
under Section 6 of this Act.
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1 | "Licensed design professional" means a person who holds an | ||||||
2 | active license as an architect under the Illinois Architecture | ||||||
3 | Practice Act of 1989, as a structural engineer under the | ||||||
4 | Structural Engineering Practice Act of 1989, as a professional | ||||||
5 | engineer under the Professional Engineering Practice Act of | ||||||
6 | 1989, or as a land surveyor under the Illinois Professional | ||||||
7 | Land Surveyor Act of 1989. | ||||||
8 | "Public member" means a person who is not an interior | ||||||
9 | designer,
educator in the field, architect, structural | ||||||
10 | engineer, or professional
engineer. For purposes of board | ||||||
11 | membership, any person with a significant
financial interest in | ||||||
12 | the design or construction service or profession is
not a | ||||||
13 | public member.
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14 | "Registered interior designer" means a person who has | ||||||
15 | received registration
under Section 8 of this Act.
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16 | "The profession of interior design", within the meaning and | ||||||
17 | intent
of this Act, refers to persons qualified by education, | ||||||
18 | experience, and
examination, who administer contracts for | ||||||
19 | fabrication, procurement, or
installation in the | ||||||
20 | implementation of designs, drawings, and specifications
for | ||||||
21 | any interior design project and offer or furnish professional | ||||||
22 | services,
such as consultations, studies, drawings, and | ||||||
23 | specifications in connection
with the location of lighting | ||||||
24 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
25 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
26 | fabrication of non-loadbearing structural elements within and
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1 | surrounding interior spaces of buildings but specifically | ||||||
2 | excluding
mechanical and electrical systems, except for | ||||||
3 | specifications of fixtures
and their location within interior | ||||||
4 | spaces.
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5 | A person represents himself or herself to be a "registered | ||||||
6 | interior designer" within the
meaning of this Act if he or she | ||||||
7 | holds himself or herself out to the public by any title
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8 | incorporating the words "registered interior designer" or any
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9 | title that includes the words "registered interior design".
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10 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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11 | (225 ILCS 310/4.10 new) | ||||||
12 | Sec. 4.10. Design firms. | ||||||
13 | (a) Corporations, partnerships, limited liability | ||||||
14 | companies, professional limited liability companies, and | ||||||
15 | professional design firms may, for the purpose of formation or | ||||||
16 | establishment, governance, or management, have one or more | ||||||
17 | interior designers who are not licensed design professionals | ||||||
18 | and who possess the duties, responsibilities, restrictions, | ||||||
19 | liabilities, legal authority, and the powers, and privileges of | ||||||
20 | the following: | ||||||
21 | (1) a director on the board in the case of a | ||||||
22 | corporation, a general partner in the case of a | ||||||
23 | partnership, or a member in the case of a professional | ||||||
24 | limited liability company or limited liability company; | ||||||
25 | (2) a managing agent; |
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1 | (3) an owner, including majority owner; or | ||||||
2 | (4) an officer, which may include an individual serving | ||||||
3 | as more than one officer at the same time and therefore | ||||||
4 | assuming all the duties, responsibilities, liabilities, | ||||||
5 | legal authority, powers, and privileges of each respective | ||||||
6 | officer's position. | ||||||
7 | (b) The following information in paragraphs (1) and (2) of | ||||||
8 | this subsection (b) shall be available upon written request and | ||||||
9 | payment of a required fee as determined by the Department. | ||||||
10 | (1) Corporations, partnerships, limited liability | ||||||
11 | companies, professional limited liability companies, and | ||||||
12 | professional design firms that hire full or part-time, | ||||||
13 | including on a contractual basis, at least one interior | ||||||
14 | designer who is not a licensed design professional, shall | ||||||
15 | submit to the Department the following information no later | ||||||
16 | than December 31, 2016 and thereafter as a part of their | ||||||
17 | design firm registration renewal required by the | ||||||
18 | Department: | ||||||
19 | (A) The names of individuals, separating employees | ||||||
20 | of the business from contract employees, in the last 12 | ||||||
21 | months to engage in the profession of interior design | ||||||
22 | as defined by this Act who are: | ||||||
23 | (i) registered interior designers; | ||||||
24 | (ii) non-registered interior designers; | ||||||
25 | (iii) licensed in any state to practice | ||||||
26 | architecture as defined by the Illinois |
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1 | Architecture Practice Act of 1989; or | ||||||
2 | (iv) interior designers serving in one or more | ||||||
3 | of the positions listed in paragraphs (1) through | ||||||
4 | (4) of subsection (a) of this Section. | ||||||
5 | (B) A list of all office locations in the State at | ||||||
6 | which the business entity engages in the profession of | ||||||
7 | interior design. | ||||||
8 | (2) Sole proprietorships that are exempt from design | ||||||
9 | firm registration requirements with the State shall submit | ||||||
10 | all applicable information listed in subparagraph (A) of | ||||||
11 | paragraph (1) of this subsection (b), including if any | ||||||
12 | owner is an interior designer or engages in the profession | ||||||
13 | of interior design.
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14 | (225 ILCS 310/4.15 new) | ||||||
15 | Sec. 4.15. Prohibitions. Unless an interior designer has | ||||||
16 | violated this Act or the laws of this State or the United | ||||||
17 | States, no person, business entity, county, local | ||||||
18 | municipality, or the State, including all boards, agencies, and | ||||||
19 | commissions established by the aforementioned as well as any | ||||||
20 | individuals appointed, employed, or acting on their behalf, | ||||||
21 | shall take action to limit an interior designer from: | ||||||
22 | (1) formulating or establishing a business entity, | ||||||
23 | including a corporation, partnership, sole proprietorship, | ||||||
24 | or professional design firm; | ||||||
25 | (2) hiring one or more full or part-time employees or |
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1 | contracting with individuals qualifying as licensed design | ||||||
2 | professionals to practice: | ||||||
3 | (A) structural engineering as defined in the | ||||||
4 | Structural Engineering Practice Act of 1989; | ||||||
5 | (B) architecture as defined in the Illinois | ||||||
6 | Architecture Practice Act of 1989; | ||||||
7 | (C) professional engineering as defined in the | ||||||
8 | Professional Engineering Practice Act of 1989; | ||||||
9 | (D) land surveying as defined in the Illinois | ||||||
10 | Professional Land Surveyor Act of 1989; or | ||||||
11 | (E) other services requiring licensure by the | ||||||
12 | State for an individual to practice; | ||||||
13 | (3) serving in one or more of the positions listed in | ||||||
14 | paragraphs (1) through (4) of subsection (a) of Section | ||||||
15 | 4.10 and possessing all the respective duties, | ||||||
16 | responsibilities, legal authority, powers, and privileges; | ||||||
17 | and | ||||||
18 | (4) owning shares in a business entity.
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19 | (225 ILCS 310/4.20 new) | ||||||
20 | Sec. 4.20. Application of other Acts. | ||||||
21 | (a) The Professional Service Corporation Act, the Limited | ||||||
22 | Liability Company Act, the Professional
Limited Liability | ||||||
23 | Company Act, and the Business Corporation Act of 1983 shall be | ||||||
24 | applicable to corporations, partnerships, limited liability | ||||||
25 | companies, professional limited liability companies, sole |
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1 | proprietorships, and professional design firms formulated or | ||||||
2 | established under this Act, except as provided in Sections 4.10 | ||||||
3 | and 4.15 of this Act. | ||||||
4 | (b) This Act shall take precedence in the event of any | ||||||
5 | conflict with the provisions of the Professional Service | ||||||
6 | Corporation Act, the Limited Liability Company Act, the | ||||||
7 | Professional Limited Liability Company Act, and the Business | ||||||
8 | Corporation Act of 1983 or other laws, including the Illinois | ||||||
9 | Architecture Practice Act of 1989, the Professional | ||||||
10 | Engineering Practice Act of 1989, and the Structural | ||||||
11 | Engineering Practice Act of 1989 requiring participation of one | ||||||
12 | or more licensed design professionals to formulate or | ||||||
13 | establish, own, govern, manage, or direct a corporation, | ||||||
14 | partnership, limited liability company, professional limited | ||||||
15 | liability company, sole proprietorship, or professional design | ||||||
16 | firm.
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17 | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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18 | (Section scheduled to be repealed on January 1, 2022) | ||||||
19 | Sec. 5. Powers and duties of the Department. Subject to the
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20 | provisions of this Act, the Department shall exercise the | ||||||
21 | following
functions, powers, and duties:
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22 | (a) To conduct or authorize examinations to ascertain the | ||||||
23 | fitness and
qualifications of applicants for registration and | ||||||
24 | issue certificates of
registration to those who are found to be | ||||||
25 | fit and qualified.
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1 | (b) To prescribe rules and regulations for a method of | ||||||
2 | examination of
candidates. The Department shall designate as | ||||||
3 | its examination for registered interior
designers the National | ||||||
4 | Council for Interior Design Qualification examination.
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5 | (c) To adopt as its own rules relating to education
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6 | requirements, those guidelines published from time to time by | ||||||
7 | the Council for Interior Design Accreditation
Foundation for | ||||||
8 | Interior Design Education Research or its successor entity | ||||||
9 | equivalent .
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10 | (d) To conduct hearings on proceedings to revoke, suspend, | ||||||
11 | or refuse to
issue certificates of registration.
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12 | (e) To promulgate rules and regulations required for the | ||||||
13 | administration
of this Act.
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14 | (f) To investigate unfair treatment of interior designers, | ||||||
15 | both registered and non-registered, by any individual or | ||||||
16 | business entity. Any individual reporting unfair treatment to | ||||||
17 | the Department shall have every right to claim anonymity from | ||||||
18 | the time of submitting a complaint through any investigation | ||||||
19 | and disciplinary processes. | ||||||
20 | (g) To maintain membership in the Council of Interior | ||||||
21 | Design Qualifications (CIDQ) and participate in activities of | ||||||
22 | the CIDQ Council of Delegates by designating at least one | ||||||
23 | employee of the Department to attend national and regional | ||||||
24 | meetings of the Council. All costs associated with membership | ||||||
25 | and attendance of the delegate to any national or regional | ||||||
26 | meetings may be funded from the Design Professionals |
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1 | Administration and Investigation Fund. | ||||||
2 | (h) The Department may take disciplinary action as it deems | ||||||
3 | proper, including, but not limited to, the imposition of fines | ||||||
4 | not to exceed $10,000 for a violation of this Act. | ||||||
5 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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6 | Section 15. The Unified Code of Corrections is amended by | ||||||
7 | changing Section 5-5-5 as follows:
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8 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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9 | Sec. 5-5-5. Loss and Restoration of Rights.
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10 | (a) Conviction and disposition shall not entail the loss by | ||||||
11 | the
defendant of any civil rights, except under this Section | ||||||
12 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
13 | hereafter amended.
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14 | (b) A person convicted of a felony shall be ineligible to | ||||||
15 | hold an office
created by the Constitution of this State until | ||||||
16 | the completion of his sentence.
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17 | (c) A person sentenced to imprisonment shall lose his right | ||||||
18 | to vote
until released from imprisonment.
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19 | (d) On completion of sentence of imprisonment or upon | ||||||
20 | discharge from
probation, conditional discharge or periodic | ||||||
21 | imprisonment, or at any time
thereafter, all license rights and | ||||||
22 | privileges
granted under the authority of this State which have | ||||||
23 | been revoked or
suspended because of conviction of an offense | ||||||
24 | shall be restored unless the
authority having jurisdiction of |
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1 | such license rights finds after
investigation and hearing that | ||||||
2 | restoration is not in the public interest.
This paragraph (d) | ||||||
3 | shall not apply to the suspension or revocation of a
license to | ||||||
4 | operate a motor vehicle under the Illinois Vehicle Code.
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5 | (e) Upon a person's discharge from incarceration or parole, | ||||||
6 | or upon a
person's discharge from probation or at any time | ||||||
7 | thereafter, the committing
court may enter an order certifying | ||||||
8 | that the sentence has been
satisfactorily completed when the | ||||||
9 | court believes it would assist in the
rehabilitation of the | ||||||
10 | person and be consistent with the public welfare.
Such order | ||||||
11 | may be entered upon the motion of the defendant or the State or
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12 | upon the court's own motion.
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13 | (f) Upon entry of the order, the court shall issue to the | ||||||
14 | person in
whose favor the order has been entered a certificate | ||||||
15 | stating that his
behavior after conviction has warranted the | ||||||
16 | issuance of the order.
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17 | (g) This Section shall not affect the right of a defendant | ||||||
18 | to
collaterally attack his conviction or to rely on it in bar | ||||||
19 | of subsequent
proceedings for the same offense.
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20 | (h) No application for any license specified in subsection | ||||||
21 | (i) of this
Section granted under the
authority of this State | ||||||
22 | shall be denied by reason of an eligible offender who
has | ||||||
23 | obtained a certificate of relief from disabilities, as
defined | ||||||
24 | in Article 5.5 of this Chapter, having been previously | ||||||
25 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
26 | finding of lack of "good moral
character" when the finding is |
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1 | based upon the fact that the applicant has
previously been | ||||||
2 | convicted of one or more criminal offenses, unless:
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3 | (1) there is a direct relationship between one or more | ||||||
4 | of the previous
criminal offenses and the specific license | ||||||
5 | sought; or
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6 | (2) the issuance of the license would
involve an | ||||||
7 | unreasonable risk to property or to the safety or welfare | ||||||
8 | of
specific individuals or the general public.
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9 | In making such a determination, the licensing agency shall | ||||||
10 | consider the
following factors:
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11 | (1) the public policy of this State, as expressed in | ||||||
12 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
13 | employment of persons previously
convicted of one or more | ||||||
14 | criminal offenses;
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15 | (2) the specific duties and responsibilities | ||||||
16 | necessarily related to the
license being sought;
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17 | (3) the bearing, if any, the criminal offenses or | ||||||
18 | offenses for which the
person
was previously convicted will | ||||||
19 | have on his or her fitness or ability to perform
one or
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20 | more such duties and responsibilities;
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21 | (4) the time which has elapsed since the occurrence of | ||||||
22 | the criminal
offense or offenses;
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23 | (5) the age of the person at the time of occurrence of | ||||||
24 | the criminal
offense or offenses;
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25 | (6) the seriousness of the offense or offenses;
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26 | (7) any information produced by the person or produced |
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1 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
2 | and good conduct, including a certificate
of relief from | ||||||
3 | disabilities issued to the applicant, which certificate | ||||||
4 | shall
create a presumption of rehabilitation in regard to | ||||||
5 | the offense or offenses
specified in the certificate; and
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6 | (8) the legitimate interest of the licensing agency in | ||||||
7 | protecting
property, and
the safety and welfare of specific | ||||||
8 | individuals or the general public.
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9 | (i) A certificate of relief from disabilities shall be | ||||||
10 | issued only
for a
license or certification issued under the | ||||||
11 | following Acts:
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12 | (1) the Animal Welfare Act; except that a certificate | ||||||
13 | of relief from
disabilities may not be granted
to provide | ||||||
14 | for
the
issuance or restoration of a license under the | ||||||
15 | Animal Welfare Act for any
person convicted of violating | ||||||
16 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
17 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
18 | Criminal Code of
1961 or the Criminal Code of 2012;
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19 | (2) the Illinois Athletic Trainers Practice Act;
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20 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
21 | and Nail Technology Act of 1985;
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22 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
23 | Act;
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24 | (5) the Boxing and Full-contact Martial Arts Act;
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25 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
26 | 1984;
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1 | (7) the Illinois Farm Labor Contractor Certification | ||||||
2 | Act;
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3 | (8) the Interior Design Profession Title Act;
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4 | (9) the Illinois Professional Land Surveyor Act of | ||||||
5 | 1989;
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6 | (10) the Illinois Landscape Architecture Act of 1989;
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7 | (11) the Marriage and Family Therapy Licensing Act;
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8 | (12) the Private Employment Agency Act;
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9 | (13) the Professional Counselor and Clinical | ||||||
10 | Professional Counselor
Licensing and Practice
Act;
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11 | (14) the Real Estate License Act of 2000;
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12 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
13 | (16) the Professional Engineering Practice Act of | ||||||
14 | 1989; | ||||||
15 | (17) the Water Well and Pump Installation Contractor's | ||||||
16 | License Act; | ||||||
17 | (18) the Electrologist Licensing Act;
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18 | (19) the Auction License Act; | ||||||
19 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
20 | (21) the Dietitian Nutritionist Practice Act; | ||||||
21 | (22) the Environmental Health Practitioner Licensing | ||||||
22 | Act; | ||||||
23 | (23) the Funeral Directors and Embalmers Licensing | ||||||
24 | Code; | ||||||
25 | (24) the Land Sales Registration Act of 1999; | ||||||
26 | (25) the Professional Geologist Licensing Act; |
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1 | (26) the Illinois Public Accounting Act; and | ||||||
2 | (27) the Structural Engineering Practice Act of 1989.
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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.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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