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New business, commerce, regulation, licensure laws take effect

Part three in a series

The following is the third part in a review of notable new state laws that took effect on Jan. 1.

Licensure Applicant Requirements: Establishes the hours of study required for applicants to take a licensure examination for barbers, cosmetologist, estheticians or nail technicians. 

Social Worker License: Attempts to streamline the “licensure through endorsement” process for out-of-state clinical social workers, licensed marriage and family therapists and clinical professional counselors, to address the shortage of behavioral health practitioners by speeding up how the IDFPR issues licenses. Requires the Department of Financial and Professional Regulation to issue licenses as a clinical social worker, social worker, professional counselor, or clinical professional counselor not more than 60 days after a completed application is received.

Dental Assistant Licensure: Clarifies dental assistant supervision and training requirements for the Expanded Function Dental Assistants (EFDA), and changes references to “restricted faculty license” to “faculty limited license.” 

Immigration Licensure: Provides that no person may be denied professional licensure for immigration status. Allows an applicant may provide a Tax Identification Number in lieu of a SSN. 

Real Estate Appraiser Licensing: Amends the Real Estate Appraiser Licensing Act of 2002. Removes the provisions regarding “associate real estate trainee appraiser” licenses. Removes language providing an associate real estate trainee appraiser license may not be renewed more than two times. Requires each applicant to pass an exam authorized by IDFPR. Removes the requirement that an applicant for associate real estate trainee appraiser licensure shall provide evidence he or she successfully completed the education requirements prior to the examination. 

Real Estate Reforms: Amends the Real Estate License Act to eliminate Branch Office licenses. Clarifies a licensee may establish a limited liability company for purposes of receiving licensee compensation, allowing real estate licensees more flexibility in selecting a business entity that fits their needs. Updates the Department of Financial and Professional Regulation’s disciplinary process related to the required notices that must be provided to the Appraisal Board. Changes the Auction License Act, the Home Inspector License Act, and the Real Estate Appraiser Licensing Act of 2002 to push back continuing education deadlines to allow the department to conduct audits of CE completion prior to the renewal period. Creates a standard requiring individuals with an ownership interest in a brokerage to obtain a license. 

Licensing Program Exams: Provides a barber, cosmetology, esthetics, hair braiding and nail tech student can take the licensing exam prior to the completion of their educational program. This way, if the student fails, the student and the school have an opportunity to help prepare them to take the exam again. 

Sexual Harassment Training: Provides for professions having continuing education requirements, that the required continuing education hours shall include at least one hour of sexual harassment prevention training for license renewals occurring on or after Jan. 1, 2020. 

Removes “Olympic” Use: Amends the Business Corporation Act of 1983 and the General Not For Profit Corporation Act of 1986. Removes a prohibition on the use of the word “Olympic” and similar words in corporate names. Amends the Limited Liability Company Act. Reduces penalties regarding violations of the Act.

Notary Public: The Secretary of State may now reprimand, suspend, and revoke the commission of a notary public. The Secretary of State may investigate violations committed by a notary public. A notary public is required to cooperate with an investigation and if suspended must surrender their notary public seal to the Secretary of State within 30 days. 

HUBZone Business: Codifies federal definitions of a HUBZone business into Illinois statutes. Requires Illinois procurement officers to use this HUBZone business definition when procuring out state contracts. 

Carnival Background Check: Allows for the revocation of a permit to operate for carnivals, amusement attractions or fairs failing to conduct a background check of every ride operator at their permitted attraction if they are found to have violated the law three or more times. Currently a background check is required for all ride operators in Illinois, but the department doesn’t have the ability to revoke a permit for violators. Raises the fines for violations of the background requirement for ride operators to $5,000 for a first offense; a fine not to exceed $10,000 for a second office, and revocation of permit for three or more violations. 

African American Status in Equal Pay: Amends the Equal Pay Act to provide no employers may discriminate between employees by paying wages to an African American employee at a rate less than the rate of someone who is not African American. 

Employee Expense Reimbursement: Clarifies employers shall reimburse employees for expenses the employer authorized or required the employee to incur. Provides employers aren’t responsible for losses due to an employee’s own negligence, losses due to normal wear, or losses due to theft unless the theft was a result of the employer’s negligence. Clarifies employers aren’t liable for the portion of the expenditure amount exceeding specifications or guidelines of the policy. 

Mechanics Lien Demand and Referral Pilot Program: Creates a mechanics lien demand and referral pilot program that is repealed on Jan. 1, 2022. States if a recorder determines a mechanics lien recorded in the grantor’s index or the grantee’s index is an expired lien, the recorder shall serve a Notice of Defective Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property will confirm in writing his or her belief. The recorder may also determine a lien is expired if an individual fails to record satisfaction or release of a lienholder. When a lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder, then the demand and referral process is completed for the recorder for that property. If no response is received, the recorder may procede with the claim. 

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