Bill Text: IL SB0326 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Vetoed) 2017-11-08 - Bill Dead - Amendatory Veto [SB0326 Detail]
Download: Illinois-2017-SB0326-Engrossed.html
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: (Vetoed) 2017-11-08 - Bill Dead - Amendatory Veto [SB0326 Detail]
Download: Illinois-2017-SB0326-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | 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 Acts repealed on January 1, 2022.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8 | Acts are repealed on January 1, 2022: | ||||||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 Registered Interior Designers Design 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. | ||||||
17 | The Water Well and Pump Installation Contractor's License | ||||||
18 | Act. | ||||||
19 | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | ||||||
20 | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | ||||||
21 | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | ||||||
22 | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
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1 | Section 10. The Interior Design Title Act is amended by | ||||||
2 | changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 and by adding | ||||||
3 | Sections 11.5 and 30.5 as follows:
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4 | (225 ILCS 310/1) (from Ch. 111, par. 8201)
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5 | (Section scheduled to be repealed on January 1, 2022)
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6 | Sec. 1. Short title. This Act may be cited as the
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7 | Registered Interior Designers Design Title Act.
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8 | (Source: P.A. 92-104, eff. 7-20-01 .)
| ||||||
9 | (225 ILCS 310/2) (from Ch. 111, par. 8202)
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10 | (Section scheduled to be repealed on January 1, 2022) | ||||||
11 | Sec. 2. Public policy. Interior design in the State of | ||||||
12 | Illinois is hereby
declared to affect the public health, | ||||||
13 | safety, and welfare and to be subject to
regulation and control | ||||||
14 | in the public interest. It is further declared to be a matter | ||||||
15 | of public interest and
concern that the interior design | ||||||
16 | profession professions
merit and receive the confidence of the | ||||||
17 | public and that only qualified persons
be permitted to use the | ||||||
18 | title of registered interior designer in the State of Illinois. | ||||||
19 | This Act shall be liberally construed to
carry out these | ||||||
20 | objectives and purposes.
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21 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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22 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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23 | (Section scheduled to be repealed on January 1, 2022) |
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1 | Sec. 3. Definitions. As used in this Act:
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2 | "Department" means the Department of Financial and | ||||||
3 | Professional
Regulation.
| ||||||
4 | "Secretary" means the Secretary of Financial and | ||||||
5 | Professional
Regulation.
| ||||||
6 | "Board" means the Board of Registered Interior Design | ||||||
7 | Professionals established
under Section 6 of this Act.
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8 | "Department" means the Department of Financial and | ||||||
9 | Professional Regulation. | ||||||
10 | "The profession of interior design", within the meaning and | ||||||
11 | intent
of this Act, refers to persons qualified by education, | ||||||
12 | experience, and
examination, who administer contracts for | ||||||
13 | fabrication, procurement, or
installation in the | ||||||
14 | implementation of designs, drawings, and specifications
for | ||||||
15 | any interior design project and offer or furnish professional | ||||||
16 | services,
such as consultations, studies, drawings, and | ||||||
17 | specifications in connection
with the location of lighting | ||||||
18 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
19 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
20 | fabrication of non-loadbearing structural elements within and
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21 | surrounding interior spaces of buildings but specifically | ||||||
22 | excluding
mechanical and electrical systems, except for | ||||||
23 | specifications of fixtures
and their location within interior | ||||||
24 | spaces. | ||||||
25 | "Public member" means a person who is not an interior | ||||||
26 | designer,
educator in the field, architect, structural |
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1 | engineer, or professional
engineer. For purposes of board | ||||||
2 | membership, any person with a significant
financial interest in | ||||||
3 | the design or construction service or profession is
not a | ||||||
4 | public member.
| ||||||
5 | "Registered interior designer" means a person who has | ||||||
6 | received registration
under Section 8 of this Act. A person | ||||||
7 | represents himself or herself to be a "registered interior | ||||||
8 | designer" within the meaning of this Act if he or she holds | ||||||
9 | himself or herself out to the public by any title incorporating | ||||||
10 | the words "registered interior designer" or any title that | ||||||
11 | includes the words "registered interior design".
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12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation. | ||||||
14 | "The profession of interior design", within the meaning and | ||||||
15 | intent
of this Act, refers to persons qualified by education, | ||||||
16 | experience, and
examination, who administer contracts for | ||||||
17 | fabrication, procurement, or
installation in the | ||||||
18 | implementation of designs, drawings, and specifications
for | ||||||
19 | any interior design project and offer or furnish professional | ||||||
20 | services,
such as consultations, studies, drawings, and | ||||||
21 | specifications in connection
with the location of lighting | ||||||
22 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
23 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
24 | fabrication of non-loadbearing structural elements within and
| ||||||
25 | surrounding interior spaces of buildings but specifically | ||||||
26 | excluding
mechanical and electrical systems, except for |
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1 | specifications of fixtures
and their location within interior | ||||||
2 | spaces.
| ||||||
3 | A person represents himself or herself to be a "registered | ||||||
4 | interior designer" within the
meaning of this Act if he or she | ||||||
5 | holds himself or herself out to the public by any title
| ||||||
6 | incorporating the words "registered interior designer" or any
| ||||||
7 | title that includes the words "registered interior design".
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8 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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9 | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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10 | (Section scheduled to be repealed on January 1, 2022) | ||||||
11 | Sec. 5. Powers and duties of the Department. Subject to the
| ||||||
12 | provisions of this Act, the Department shall exercise the | ||||||
13 | following
functions, powers, and duties:
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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.
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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.
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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 |
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1 | Accreditation
Foundation for Interior Design Education | ||||||
2 | Research or its successor entity equivalent .
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3 | (d) To conduct hearings on proceedings to revoke, | ||||||
4 | suspend, or refuse to
issue certificates of registration.
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5 | (e) To promulgate rules and regulations required for | ||||||
6 | the administration
of this Act.
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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 .)
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20 | (225 ILCS 310/8) (from Ch. 111, par. 8208)
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21 | (Section scheduled to be repealed on January 1, 2022) | ||||||
22 | Sec. 8. Requirements for registration.
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23 | (a) Each applicant for registration shall apply to the | ||||||
24 | Department in
writing on a form provided by the Department. | ||||||
25 | Except as otherwise provided in
this Act, each applicant shall |
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1 | take and pass the examination approved by the
Department. Prior | ||||||
2 | to registration, the applicant shall provide substantial
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3 | evidence to the Board that the applicant:
(1) is a graduate of | ||||||
4 | a 5 year interior design program from an
accredited institution | ||||||
5 | and has completed at least 2 years of full time
diversified | ||||||
6 | interior design experience;
(2) is a graduate of a 4 year | ||||||
7 | interior design program from an
accredited institution and has | ||||||
8 | completed at least 2 years of full time
diversified interior | ||||||
9 | design experience;
(3) has completed at least 3 years of | ||||||
10 | interior design curriculum
from an accredited institution and | ||||||
11 | has completed 3 years of full time
diversified interior design | ||||||
12 | experience;
(4) is a graduate of a 2 year interior design | ||||||
13 | program from an
accredited institution and has completed 4 | ||||||
14 | years of full time diversified
interior design experience; or
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15 | (5) (blank). (b) In addition to providing evidence of meeting | ||||||
16 | the requirements of
subsection (a):
(1) Each applicant for | ||||||
17 | registration as a registered interior designer shall
provide | ||||||
18 | substantial evidence , including written documentation, to the | ||||||
19 | Department that he or she has successfully passed completed the
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20 | examination administered by the National Council for Interior | ||||||
21 | Design Qualification
Qualifications . The evidence and | ||||||
22 | documentation shall be placed on file at the Department and be | ||||||
23 | available to the Board.
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24 | (2) (Blank).
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25 | Examinations for applicants under this Act may be held at | ||||||
26 | the direction of
the Department from time to time but not less |
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1 | than once each year. The scope
and form of the examination | ||||||
2 | shall conform to the National Council for Interior
Design | ||||||
3 | Qualification examination for interior designers.
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4 | (b) Each applicant for registration who possesses the | ||||||
5 | necessary
qualifications shall pay to the Department the | ||||||
6 | required registration fee,
which is not refundable , at the time | ||||||
7 | of filing his or her application .
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8 | (c) An individual may apply applying for original | ||||||
9 | registration prior to passing the National Council for Interior | ||||||
10 | Design Qualification examination. He or she shall have 2 years | ||||||
11 | after 3 years from the
date of filing an application to pass | ||||||
12 | the examination complete the application process . If evidence | ||||||
13 | and documentation of passing the examination is received by the | ||||||
14 | Department later than 2 years after the individual's filing the | ||||||
15 | process
has not been completed in 3 years , the application | ||||||
16 | shall be denied and the
fee forfeited. The applicant may | ||||||
17 | reapply at any time , but shall meet the requirements
in effect | ||||||
18 | at the time of reapplication .
| ||||||
19 | (c) (Blank).
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20 | (c-5) (Blank).
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21 | (d) Upon payment of the required fee, which shall be | ||||||
22 | determined by rule,
an applicant who is an architect licensed | ||||||
23 | under the laws of this State may,
without passing the National | ||||||
24 | Council for Interior Design Qualification examination, be | ||||||
25 | granted registration as a registered interior designer by the | ||||||
26 | Department provided the applicant submits
proof of an active |
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1 | architectural license in Illinois.
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2 | (e) (Blank).
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3 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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4 | (225 ILCS 310/9) (from Ch. 111, par. 8209)
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5 | (Section scheduled to be repealed on January 1, 2022) | ||||||
6 | Sec. 9. Expiration; renewal; restoration.
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7 | (a) The expiration date and renewal period for each | ||||||
8 | certificate of
registration issued under this Act shall be set | ||||||
9 | by rule. A registrant may
renew such registration during the | ||||||
10 | month preceding its expiration date by
paying the required | ||||||
11 | renewal fee.
| ||||||
12 | (b) Inactive status.
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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.
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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.
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24 | (3) Any registrant whose registration is on inactive | ||||||
25 | status shall
not use the title "registered interior |
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1 | designer"
in the State of Illinois.
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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.
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7 | (c) Any registrant whose registration has expired may have | ||||||
8 | his
or her certificate of registration restored at any time | ||||||
9 | within 5 years
after its expiration, upon payment of the | ||||||
10 | required fee.
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11 | (d) Any person whose registration has been expired for more | ||||||
12 | than
5 years may have his or her registration restored by | ||||||
13 | making application to the
Department and filing proof | ||||||
14 | acceptable to the Department of his or her fitness to
have his | ||||||
15 | or her registration restored, including sworn evidence | ||||||
16 | certifying to
active lawful practice in another jurisdiction, | ||||||
17 | and by paying the required
restoration fee. A person using the | ||||||
18 | title "registered interior designer" on an expired
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19 | registration is deemed to be in violation of this Act.
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20 | (e) If a person whose certificate of registration has | ||||||
21 | expired has not
maintained active status in another | ||||||
22 | jurisdiction, the Department shall
determine, by an evaluation | ||||||
23 | process established by rule, his or her fitness to
resume | ||||||
24 | active status and may require the person to complete a period | ||||||
25 | of
evaluated practical experience, and may require successful | ||||||
26 | completion of
an examination.
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1 | (f) Any person whose certificate of registration has | ||||||
2 | expired while he or she
has been engaged (1) in federal or | ||||||
3 | State service active duty, or (2) in
training or education | ||||||
4 | under the supervision of the United States
preliminary to | ||||||
5 | induction into the military service, may have his
or her | ||||||
6 | registration restored without paying any lapsed renewal or | ||||||
7 | restoration fee
if, within 2 years after termination of such | ||||||
8 | service, training or
education, he or she furnishes the | ||||||
9 | Department with satisfactory proof that he or she has
been so | ||||||
10 | engaged and that his or her service, training, or education has | ||||||
11 | been
so terminated.
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12 | (g) An individual applying for restoration of a | ||||||
13 | registration shall have 3
years from the date of application to | ||||||
14 | complete the application process. If
the process has not been | ||||||
15 | completed in 3 years, the application shall be
denied and the | ||||||
16 | fee forfeited. The applicant may reapply at any time , but shall | ||||||
17 | meet the
requirement in effect at the time of reapplication .
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18 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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19 | (225 ILCS 310/10) (from Ch. 111, par. 8210)
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20 | (Section scheduled to be repealed on January 1, 2022)
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21 | Sec. 10. Foreign applicants. Upon payment of the required | ||||||
22 | fee, an
applicant who is an interior designer currently
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23 | registered , certified, or licensed under the laws
of another | ||||||
24 | state or territory of the United States or a foreign country
or | ||||||
25 | province shall, without further examination, be granted |
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1 | registration as
an interior designer , as the case may be,
by | ||||||
2 | the Department if, as determined by the Department, the | ||||||
3 | applicant 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
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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.
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23 | (Source: P.A. 96-1334, eff. 7-27-10 .)
| ||||||
24 | (225 ILCS 310/11.5 new) | ||||||
25 | Sec. 11.5. Continuing education. |
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1 | (a) This Section applies to an individual applying for | ||||||
2 | renewal or restoration of registration as a registered interior | ||||||
3 | designer. | ||||||
4 | (b) An applicant for renewal of registration shall submit | ||||||
5 | proof to the Department of having completed 24 continuing | ||||||
6 | education units from one or more Department approved continuing | ||||||
7 | education providers during the term of the registration. | ||||||
8 | An applicant shall prove completion of continuing | ||||||
9 | education units by submitting with the registration renewal | ||||||
10 | application 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. |
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| |||||||
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 | ||||||
14 | one year seeking to restore the registration is required to | ||||||
15 | meet the same continuing education requirements as an | ||||||
16 | individual applying for renewal. | ||||||
17 | (d) The Department shall only approve continuing education | ||||||
18 | providers that have an established track record of annual | ||||||
19 | course offerings that contribute to individuals' growth of | ||||||
20 | professional competence in the practice of interior design. | ||||||
21 | (e) The Department may, in its discretion, grant extensions | ||||||
22 | of no more than one year for renewal after expiration if the | ||||||
23 | individual applicant's failure to submit proof of completion of | ||||||
24 | required continuing education units was due to emergency or | ||||||
25 | hardship, including: | ||||||
26 | (1) serious and protracted illness of the applicant; |
| |||||||
| |||||||
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 | ||||||
6 | registered interior designer from complying with the | ||||||
7 | continuing 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 | ||||||
11 | registration. The Department may refuse to issue, renew, or | ||||||
12 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
13 | or take other disciplinary action as the
Department may deem | ||||||
14 | proper, including fines not to exceed $5,000 for
each | ||||||
15 | violation, with regard to any registration for any one or | ||||||
16 | combination
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 |
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| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
19 | authorized by
this Act to any person who has defaulted on an | ||||||
20 | educational loan guaranteed
by the Illinois Student Assistance | ||||||
21 | Commission; however, the Department may
issue a certificate of | ||||||
22 | registration or renewal if such person has
established a | ||||||
23 | satisfactory repayment record as determined by the
Illinois | ||||||
24 | Student Assistance Commission.
| ||||||
25 | The Department may refuse to issue or may suspend the | ||||||
26 | registration
of any person who fails to file a return, or to |
| |||||||
| |||||||
1 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
2 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
3 | required by any tax Act administered by the
Illinois Department | ||||||
4 | of Revenue, until such time as the requirements of any
such tax | ||||||
5 | Act are satisfied.
| ||||||
6 | The entry of a decree by any circuit court establishing | ||||||
7 | that any person
holding a certificate of registration under | ||||||
8 | this Act is a person subject to
involuntary admission under the | ||||||
9 | Mental Health and Developmental Disabilities
Code shall | ||||||
10 | operate as a suspension of that registration. That person may
| ||||||
11 | resume using the title "registered interior designer" only upon | ||||||
12 | a finding by the Board that he or she has been determined to be | ||||||
13 | no
longer subject to involuntary admission by the court and | ||||||
14 | upon the Board's
recommendation to the Director that he or she | ||||||
15 | be permitted to resume using the title
"registered interior | ||||||
16 | designer".
| ||||||
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 | ||||||
20 | roster showing the names and addresses of all registered | ||||||
21 | interior designers. This roster shall be available online and | ||||||
22 | electronically upon written request and payment of a required | ||||||
23 | fee as determined by the Department.
| ||||||
24 | Section 15. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing 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 | ||||||
5 | the
defendant of any civil rights, except under this Section | ||||||
6 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
7 | hereafter amended.
| ||||||
8 | (b) A person convicted of a felony shall be ineligible to | ||||||
9 | hold an office
created by the Constitution of this State until | ||||||
10 | the completion of his sentence.
| ||||||
11 | (c) A person sentenced to imprisonment shall lose his right | ||||||
12 | to vote
until released from imprisonment.
| ||||||
13 | (d) On completion of sentence of imprisonment or upon | ||||||
14 | discharge from
probation, conditional discharge or periodic | ||||||
15 | imprisonment, or at any time
thereafter, all license rights and | ||||||
16 | privileges
granted under the authority of this State which have | ||||||
17 | been revoked or
suspended because of conviction of an offense | ||||||
18 | shall be restored unless the
authority having jurisdiction of | ||||||
19 | such license rights finds after
investigation and hearing that | ||||||
20 | restoration is not in the public interest.
This paragraph (d) | ||||||
21 | shall not apply to the suspension or revocation of a
license to | ||||||
22 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
23 | (e) Upon a person's discharge from incarceration or parole, | ||||||
24 | or upon a
person's discharge from probation or at any time | ||||||
25 | thereafter, the committing
court may enter an order certifying |
| |||||||
| |||||||
1 | that the sentence has been
satisfactorily completed when the | ||||||
2 | court believes it would assist in the
rehabilitation of the | ||||||
3 | person and be consistent with the public welfare.
Such order | ||||||
4 | may be entered upon the motion of the defendant or the State or
| ||||||
5 | upon the court's own motion.
| ||||||
6 | (f) Upon entry of the order, the court shall issue to the | ||||||
7 | person in
whose favor the order has been entered a certificate | ||||||
8 | stating that his
behavior after conviction has warranted the | ||||||
9 | issuance of the order.
| ||||||
10 | (g) This Section shall not affect the right of a defendant | ||||||
11 | to
collaterally attack his conviction or to rely on it in bar | ||||||
12 | of 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 | ||||||
15 | shall be denied by reason of an eligible offender who
has | ||||||
16 | obtained a certificate of relief from disabilities, as
defined | ||||||
17 | in Article 5.5 of this Chapter, having been previously | ||||||
18 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
19 | finding of lack of "good moral
character" when the finding is | ||||||
20 | based upon the fact that the applicant has
previously been | ||||||
21 | convicted 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 |
| |||||||
| |||||||
1 | of
specific individuals or the general public.
| ||||||
2 | In making such a determination, the licensing agency shall | ||||||
3 | consider 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 |
| |||||||
| |||||||
1 | individuals or the general public.
| ||||||
2 | (i) A certificate of relief from disabilities shall be | ||||||
3 | issued only
for a
license or certification issued under the | ||||||
4 | following 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;
|
| |||||||
| |||||||
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; | ||||||
24 | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | ||||||
25 | 1-25-13; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | Section 20. The Mechanics Lien Act is amended by changing | ||||||
2 | Section 1 as follows:
| ||||||
3 | (770 ILCS 60/1) (from Ch. 82, par. 1)
| ||||||
4 | Sec. 1. Contractor defined; amount of lien; waiver of lien; | ||||||
5 | attachment of lien; agreement to waive; when not enforceable.
| ||||||
6 | (a) Any person who shall by any contract or contracts, | ||||||
7 | express or
implied, or partly expressed or implied, with the | ||||||
8 | owner of a lot or
tract of land, or with one whom the owner has | ||||||
9 | authorized or knowingly
permitted to contract, to improve the | ||||||
10 | lot or tract of land or for the purpose of improving the tract | ||||||
11 | of land, or to manage a
structure under construction thereon, | ||||||
12 | is known under this Act as a contractor and has a lien upon the | ||||||
13 | whole of such lot or tract of land and upon adjoining or | ||||||
14 | adjacent lots or tracts of land of such owner constituting the | ||||||
15 | same premises and occupied or used in connection with such lot | ||||||
16 | or tract of land as a place of residence or business; and in | ||||||
17 | case the contract relates to 2 or more buildings, on 2 or more | ||||||
18 | lots or tracts of land, upon all such lots and tracts of land | ||||||
19 | and improvements thereon for the amount due to him or her for | ||||||
20 | the material, fixtures, apparatus, machinery, services or | ||||||
21 | labor, and interest at the rate of 10% per annum from the date | ||||||
22 | the same is due. This lien extends to an estate in fee, for | ||||||
23 | life, for years, or any other estate or any right of redemption | ||||||
24 | or other interest that the owner may have in the lot or tract | ||||||
25 | of land at the time of making such contract or may subsequently |
| |||||||
| |||||||
1 | acquire and this lien attaches as of the date of the contract. | ||||||
2 | (b) As used in subsection (a) of this Section, "improve" | ||||||
3 | means to furnish labor, services, material, fixtures, | ||||||
4 | apparatus or
machinery, forms or form work in the process of | ||||||
5 | construction where
cement, concrete or like material is used | ||||||
6 | for the purpose of or in the
building, altering, repairing or | ||||||
7 | ornamenting any house or other building,
walk or sidewalk, | ||||||
8 | whether the walk or sidewalk is on the land or bordering
| ||||||
9 | thereon, driveway, fence or improvement or appurtenances to the | ||||||
10 | lot or
tract of land or connected therewith, and upon, over or | ||||||
11 | under a sidewalk,
street or alley adjoining; or fill, sod or | ||||||
12 | excavate such lot or tract of
land, or do landscape work | ||||||
13 | thereon or therefor; or raise or lower any house
thereon or | ||||||
14 | remove any house thereto, or remove any house or other | ||||||
15 | structure
therefrom, or perform any services or incur any | ||||||
16 | expense as an architect,
structural engineer, professional | ||||||
17 | engineer, land surveyor , registered interior designer, or
| ||||||
18 | property manager in, for , or on a lot or tract of land for any | ||||||
19 | such purpose;
or drill any water well thereon; or furnish or | ||||||
20 | perform labor or services as
superintendent, time keeper, | ||||||
21 | mechanic, laborer or otherwise, in the
building, altering, | ||||||
22 | repairing or ornamenting of the same; or furnish
material, | ||||||
23 | fixtures, apparatus, machinery, labor or services, forms or | ||||||
24 | form
work used in the process of construction where concrete, | ||||||
25 | cement or like
material is used, or drill any water well on the | ||||||
26 | order of his agent,
architect, structural engineer , registered |
| |||||||
| |||||||
1 | interior designer, or superintendent having charge of the
| ||||||
2 | improvements, building, altering, repairing , or ornamenting | ||||||
3 | the same. | ||||||
4 | (c) The taking of additional
security by the contractor or | ||||||
5 | sub-contractor is not a waiver of any
right of lien which he | ||||||
6 | may have by virtue of this Act, unless made a
waiver by express | ||||||
7 | agreement of the parties and the waiver is not
prohibited by | ||||||
8 | this Act.
| ||||||
9 | (d) An agreement to waive any right to enforce or claim any | ||||||
10 | lien under this Act, or an agreement to subordinate the lien, | ||||||
11 | where the agreement is in anticipation of and in consideration | ||||||
12 | for the awarding of a contract or subcontract, either express | ||||||
13 | or implied, to perform work or supply materials for an | ||||||
14 | improvement upon real property is against public policy and | ||||||
15 | unenforceable. This Section does not prohibit release of lien | ||||||
16 | under subsection (b) of Section 35 of this Act, nor does it | ||||||
17 | prohibit an agreement to subordinate a mechanics lien to a | ||||||
18 | mortgage lien that secures a construction loan if that | ||||||
19 | agreement is made after more than 50% of the loan has been | ||||||
20 | disbursed to fund improvements to the property.
| ||||||
21 | (Source: P.A. 98-764, eff. 7-16-14.)
|