Full Text of SB0463 99th General Assembly
SB0463sam001 99TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/19/2016
| | 09900SB0463sam001 | | LRB099 03199 SMS 47790 a |
|
| 1 | | AMENDMENT TO SENATE BILL 463
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 463 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.32 as follows: | 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 Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act.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.
| 12 | | The Home Inspector License Act.
| 13 | | The Interior Design Profession Title Act.
| 14 | | The Massage Licensing Act.
| 15 | | The Petroleum Equipment Contractors Licensing Act.
| 16 | | The Real Estate Appraiser Licensing Act of 2002. |
| | | 09900SB0463sam001 | - 2 - | LRB099 03199 SMS 47790 a |
|
| 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.) | 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:
| 10 | | (225 ILCS 310/1) (from Ch. 111, par. 8201)
| 11 | | (Section scheduled to be repealed on January 1, 2022)
| 12 | | Sec. 1. Short title. This Act may be cited as the
Interior | 13 | | Design Profession Title Act.
| 14 | | (Source: P.A. 92-104, eff. 7-20-01 .)
| 15 | | (225 ILCS 310/3) (from Ch. 111, par. 8203)
| 16 | | (Section scheduled to be repealed on January 1, 2022) | 17 | | Sec. 3. Definitions. As used in this Act:
| 18 | | "Department" means the Department of Financial and | 19 | | Professional
Regulation.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional
Regulation.
| 22 | | "Board" means the Board of Registered Interior Design | 23 | | Professionals established
under Section 6 of this Act.
|
| | | 09900SB0463sam001 | - 3 - | LRB099 03199 SMS 47790 a |
|
| 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.
| 14 | | "Registered interior designer" means a person who has | 15 | | received registration
under Section 8 of this Act.
| 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
|
| | | 09900SB0463sam001 | - 4 - | LRB099 03199 SMS 47790 a |
|
| 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.
| 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
| 8 | | incorporating the words "registered interior designer" or any
| 9 | | title that includes the words "registered interior design".
| 10 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 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; |
| | | 09900SB0463sam001 | - 5 - | LRB099 03199 SMS 47790 a |
|
| 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 |
| | | 09900SB0463sam001 | - 6 - | LRB099 03199 SMS 47790 a |
|
| 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. | 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 |
| | | 09900SB0463sam001 | - 7 - | LRB099 03199 SMS 47790 a |
|
| 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. | 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 |
| | | 09900SB0463sam001 | - 8 - | LRB099 03199 SMS 47790 a |
|
| 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.
| 17 | | (225 ILCS 310/5) (from Ch. 111, par. 8205)
| 18 | | (Section scheduled to be repealed on January 1, 2022) | 19 | | Sec. 5. Powers and duties of the Department. Subject to the
| 20 | | provisions of this Act, the Department shall exercise the | 21 | | following
functions, powers, and duties:
| 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.
|
| | | 09900SB0463sam001 | - 9 - | LRB099 03199 SMS 47790 a |
|
| 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.
| 5 | | (c) To adopt as its own rules relating to education
| 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 .
| 10 | | (d) To conduct hearings on proceedings to revoke, suspend, | 11 | | or refuse to
issue certificates of registration.
| 12 | | (e) To promulgate rules and regulations required for the | 13 | | administration
of this Act.
| 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 |
| | | 09900SB0463sam001 | - 10 - | LRB099 03199 SMS 47790 a |
|
| 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 .)
| 6 | | Section 15. The Unified Code of Corrections is amended by | 7 | | changing Section 5-5-5 as follows:
| 8 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 9 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 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.
| 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.
| 17 | | (c) A person sentenced to imprisonment shall lose his right | 18 | | to vote
until released from imprisonment.
| 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 |
| | | 09900SB0463sam001 | - 11 - | LRB099 03199 SMS 47790 a |
|
| 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.
| 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
| 12 | | upon the court's own motion.
| 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.
| 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.
| 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 |
| | | 09900SB0463sam001 | - 12 - | LRB099 03199 SMS 47790 a |
|
| 1 | | based upon the fact that the applicant has
previously been | 2 | | convicted of one or more criminal offenses, unless:
| 3 | | (1) there is a direct relationship between one or more | 4 | | of the previous
criminal offenses and the specific license | 5 | | sought; or
| 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.
| 9 | | In making such a determination, the licensing agency shall | 10 | | consider the
following factors:
| 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;
| 15 | | (2) the specific duties and responsibilities | 16 | | necessarily related to the
license being sought;
| 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
| 20 | | more such duties and responsibilities;
| 21 | | (4) the time which has elapsed since the occurrence of | 22 | | the criminal
offense or offenses;
| 23 | | (5) the age of the person at the time of occurrence of | 24 | | the criminal
offense or offenses;
| 25 | | (6) the seriousness of the offense or offenses;
| 26 | | (7) any information produced by the person or produced |
| | | 09900SB0463sam001 | - 13 - | LRB099 03199 SMS 47790 a |
|
| 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
| 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.
| 9 | | (i) A certificate of relief from disabilities shall be | 10 | | issued only
for a
license or certification issued under the | 11 | | following Acts:
| 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;
| 19 | | (2) the Illinois Athletic Trainers Practice Act;
| 20 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 21 | | and Nail Technology Act of 1985;
| 22 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 23 | | Act;
| 24 | | (5) the Boxing and Full-contact Martial Arts Act;
| 25 | | (6) the Illinois Certified Shorthand Reporters Act of | 26 | | 1984;
|
| | | 09900SB0463sam001 | - 14 - | LRB099 03199 SMS 47790 a |
|
| 1 | | (7) the Illinois Farm Labor Contractor Certification | 2 | | Act;
| 3 | | (8) the Interior Design Profession Title Act;
| 4 | | (9) the Illinois Professional Land Surveyor Act of | 5 | | 1989;
| 6 | | (10) the Illinois Landscape Architecture Act of 1989;
| 7 | | (11) the Marriage and Family Therapy Licensing Act;
| 8 | | (12) the Private Employment Agency Act;
| 9 | | (13) the Professional Counselor and Clinical | 10 | | Professional Counselor
Licensing and Practice
Act;
| 11 | | (14) the Real Estate License Act of 2000;
| 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;
| 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; |
| | | 09900SB0463sam001 | - 15 - | LRB099 03199 SMS 47790 a |
|
| 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 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
|
|