Bill Text: IL SB0335 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Telegraph Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0920 [SB0335 Detail]
Download: Illinois-2017-SB0335-Enrolled.html
Bill Title: Amends the Telegraph Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0920 [SB0335 Detail]
Download: Illinois-2017-SB0335-Enrolled.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,
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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 Acts repealed on January 1, 2022.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8 | Acts are repealed on January 1, 2022: | ||||||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 as follows:
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3 | (225 ILCS 310/1) (from Ch. 111, par. 8201)
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4 | (Section scheduled to be repealed on January 1, 2022)
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5 | Sec. 1. Short title. This Act may be cited as the
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6 | Registered Interior Designers Design Title Act.
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7 | (Source: P.A. 92-104, eff. 7-20-01 .)
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8 | (225 ILCS 310/2) (from Ch. 111, par. 8202)
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9 | (Section scheduled to be repealed on January 1, 2022) | ||||||
10 | Sec. 2. Public policy. Interior design in the State of | ||||||
11 | Illinois is hereby
declared to affect the public health, | ||||||
12 | safety, and welfare and to be subject to
regulation and control | ||||||
13 | in the public interest. It is further declared to be a matter | ||||||
14 | of public interest and
concern that the interior design | ||||||
15 | profession professions
merit and receive the confidence of the | ||||||
16 | public and that only qualified persons
be permitted to use the | ||||||
17 | title of registered interior designer in the State of Illinois. | ||||||
18 | This Act shall be liberally construed to
carry out these | ||||||
19 | objectives and purposes.
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20 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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21 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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22 | (Section scheduled to be repealed on January 1, 2022) | ||||||
23 | Sec. 3. Definitions. As used in this Act:
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1 | "Department" means the Department of Financial and | ||||||
2 | Professional
Regulation.
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3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional
Regulation.
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5 | "Board" means the Board of Registered Interior Design | ||||||
6 | Professionals established
under Section 6 of this Act.
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7 | "Department" means the Department of Financial and | ||||||
8 | Professional Regulation. | ||||||
9 | "The profession of interior design", within the meaning and | ||||||
10 | intent
of this Act, refers to persons qualified by education, | ||||||
11 | experience, and
examination, who administer contracts for | ||||||
12 | fabrication, procurement, or
installation in the | ||||||
13 | implementation of designs, drawings, and specifications
for | ||||||
14 | any interior design project and offer or furnish professional | ||||||
15 | services,
such as consultations, studies, drawings, and | ||||||
16 | specifications in connection
with the location of lighting | ||||||
17 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
18 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
19 | fabrication of non-loadbearing structural elements within and
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20 | surrounding interior spaces of buildings but specifically | ||||||
21 | excluding
mechanical and electrical systems, except for | ||||||
22 | specifications of fixtures
and their location within interior | ||||||
23 | spaces. | ||||||
24 | "Public member" means a person who is not an interior | ||||||
25 | designer,
educator in the field, architect, structural | ||||||
26 | engineer, or professional
engineer. For purposes of board |
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1 | membership, any person with a significant
financial interest in | ||||||
2 | the design or construction service or profession is
not a | ||||||
3 | public member.
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4 | "Registered interior designer" means a person who has | ||||||
5 | received registration
under Section 8 of this Act. A person | ||||||
6 | represents himself or herself to be a "registered interior | ||||||
7 | designer" within the meaning of this Act if he or she holds | ||||||
8 | himself or herself out to the public by any title incorporating | ||||||
9 | the words "registered interior designer" or any title that | ||||||
10 | includes the words "registered interior design".
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11 | "Secretary" means the Secretary of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | "The profession of interior design", within the meaning and | ||||||
14 | intent
of this Act, refers to persons qualified by education, | ||||||
15 | experience, and
examination, who administer contracts for | ||||||
16 | fabrication, procurement, or
installation in the | ||||||
17 | implementation of designs, drawings, and specifications
for | ||||||
18 | any interior design project and offer or furnish professional | ||||||
19 | services,
such as consultations, studies, drawings, and | ||||||
20 | specifications in connection
with the location of lighting | ||||||
21 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
22 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
23 | fabrication of non-loadbearing structural elements within and
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24 | surrounding interior spaces of buildings but specifically | ||||||
25 | excluding
mechanical and electrical systems, except for | ||||||
26 | specifications of fixtures
and their location within interior |
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1 | spaces.
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2 | A person represents himself or herself to be a "registered | ||||||
3 | interior designer" within the
meaning of this Act if he or she | ||||||
4 | holds himself or herself out to the public by any title
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5 | incorporating the words "registered interior designer" or any
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6 | title that includes the words "registered interior design".
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7 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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8 | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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9 | (Section scheduled to be repealed on January 1, 2022) | ||||||
10 | Sec. 5. Powers and duties of the Department. Subject to the
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11 | provisions of this Act, the Department shall exercise the | ||||||
12 | following
functions, powers, and duties:
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13 | (a) To conduct or authorize examinations to ascertain | ||||||
14 | the fitness and
qualifications of applicants for | ||||||
15 | registration and issue certificates of
registration to | ||||||
16 | those who are found to be fit and qualified.
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17 | (b) To prescribe rules and regulations for a method of | ||||||
18 | examination of
candidates. The Department shall designate | ||||||
19 | as its examination for registered interior
designers the | ||||||
20 | National Council for Interior Design Qualification | ||||||
21 | examination.
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22 | (c) To adopt as its own rules relating to education | ||||||
23 | requirements, those guidelines published from time to time | ||||||
24 | by the Council for Interior Design Accreditation
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25 | Foundation for Interior Design Education Research or its |
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1 | successor entity equivalent .
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2 | (d) To conduct hearings on proceedings to revoke, | ||||||
3 | suspend, or refuse to
issue certificates of registration.
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4 | (e) To promulgate rules and regulations required for | ||||||
5 | the administration
of this Act.
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6 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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7 | (225 ILCS 310/8) (from Ch. 111, par. 8208)
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8 | (Section scheduled to be repealed on January 1, 2022) | ||||||
9 | Sec. 8. Requirements for registration.
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10 | (a) Each applicant for registration shall apply to the | ||||||
11 | Department in
writing on a form provided by the Department. | ||||||
12 | Except as otherwise provided in
this Act, each applicant shall | ||||||
13 | take and pass the examination approved by the
Department. Prior | ||||||
14 | to registration, the applicant shall provide substantial
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15 | evidence to the Board that the applicant:
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16 | (1) is a graduate of a 5-year 5 year interior design | ||||||
17 | program from an
accredited institution and has completed at | ||||||
18 | least 2 years of full-time full time
diversified interior | ||||||
19 | design experience;
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20 | (2) is a graduate of a 4-year 4 year interior design | ||||||
21 | program from an
accredited institution and has completed at | ||||||
22 | least 2 years of full-time full time
diversified interior | ||||||
23 | design experience;
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24 | (3) has completed at least 3 years of interior design | ||||||
25 | curriculum
from an accredited institution and has |
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1 | completed 3 years of full-time full time
diversified | ||||||
2 | interior design experience;
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3 | (4) is a graduate of a 2-year 2 year interior design | ||||||
4 | program from an
accredited institution and has completed 4 | ||||||
5 | years of full-time full time diversified
interior design | ||||||
6 | experience; or
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7 | (5) (blank).
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8 | (b) In addition to providing evidence of meeting the | ||||||
9 | requirements of
subsection (a) , each :
(1) Each applicant for | ||||||
10 | registration as a registered interior designer shall
provide | ||||||
11 | substantial evidence that he or she has successfully completed | ||||||
12 | the
examination administered by the National Council for | ||||||
13 | Interior Design
Qualifications.
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14 | (2) (Blank).
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15 | Examinations for applicants under this Act may be held at | ||||||
16 | the direction of
the Department from time to time but not less | ||||||
17 | than once each year. The scope
and form of the examination | ||||||
18 | shall conform to the National Council for Interior
Design | ||||||
19 | Qualification examination for interior designers.
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20 | (b-5) Each applicant for registration who possesses the | ||||||
21 | necessary
qualifications shall pay to the Department the | ||||||
22 | required registration fee,
which is not refundable , at the time | ||||||
23 | of filing his or her application .
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24 | (c) An individual may apply applying for original | ||||||
25 | registration prior to passing the examination. He or she shall | ||||||
26 | have 2 years after 3 years from the
date of filing an |
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1 | application to pass the examination complete the application | ||||||
2 | process . If evidence and documentation of passing the | ||||||
3 | examination is received by the Department later than 2 years | ||||||
4 | after the individual's filing the process
has not been | ||||||
5 | completed in 3 years , the application shall be denied and the
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6 | fee forfeited. The applicant may reapply at any time , but shall | ||||||
7 | meet the requirements
in effect at the time of reapplication.
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8 | (c) (Blank).
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9 | (c-5) (Blank).
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10 | (d) Upon payment of the required fee, which shall be | ||||||
11 | determined by rule,
an applicant who is an architect licensed | ||||||
12 | under the laws of this State may,
without examination, be | ||||||
13 | granted registration as a registered interior designer by the | ||||||
14 | Department provided the applicant submits
proof of an active | ||||||
15 | architectural license in Illinois.
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16 | (e) (Blank).
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17 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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18 | (225 ILCS 310/9) (from Ch. 111, par. 8209)
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19 | (Section scheduled to be repealed on January 1, 2022) | ||||||
20 | Sec. 9. Expiration; renewal; restoration.
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21 | (a) The expiration date and renewal period for each | ||||||
22 | certificate of
registration issued under this Act shall be set | ||||||
23 | by rule. A registrant may
renew such registration during the | ||||||
24 | month preceding its expiration date by
paying the required | ||||||
25 | renewal fee.
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1 | (b) Inactive status.
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2 | (1) Any registrant who notifies the Department in | ||||||
3 | writing on forms
prescribed by the Department may elect to | ||||||
4 | place his or her certificate of
registration on an inactive | ||||||
5 | status and shall, subject to rules of the
Department, be | ||||||
6 | excused from payment of renewal fees until he or she | ||||||
7 | notifies the
Department in writing of his or her desire to | ||||||
8 | resume active status.
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9 | (2) Any registrant requesting restoration from | ||||||
10 | inactive status shall be
required to pay the current | ||||||
11 | renewal fee and shall be required to restore
his or her | ||||||
12 | registration.
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13 | (3) Any registrant whose registration is on inactive | ||||||
14 | status shall
not use the title "registered interior | ||||||
15 | designer"
in the State of Illinois.
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16 | (4) Any registrant who uses the title "registered | ||||||
17 | interior designer" while his or her
certificate of | ||||||
18 | registration is lapsed or inactive shall be considered to | ||||||
19 | be
using the title without a registration which shall be | ||||||
20 | grounds for
discipline under Section 13 of this Act.
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21 | (c) Any registrant whose registration has expired may have | ||||||
22 | his
or her certificate of registration restored at any time | ||||||
23 | within 5 years
after its expiration, upon payment of the | ||||||
24 | required fee.
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25 | (d) Any person whose registration has been expired for more | ||||||
26 | than
5 years may have his or her registration restored by |
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1 | making application to the
Department and filing proof | ||||||
2 | acceptable to the Department of his or her fitness to
have his | ||||||
3 | or her registration restored, including sworn evidence | ||||||
4 | certifying to
active lawful practice in another jurisdiction, | ||||||
5 | and by paying the required
restoration fee. A person using the | ||||||
6 | title "registered interior designer" on an expired
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7 | registration is deemed to be in violation of this Act.
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8 | (e) If a person whose certificate of registration has | ||||||
9 | expired has not
maintained active status in another | ||||||
10 | jurisdiction, the Department shall
determine, by an evaluation | ||||||
11 | process established by rule, his or her fitness to
resume | ||||||
12 | active status and may require the person to complete a period | ||||||
13 | of
evaluated practical experience, and may require successful | ||||||
14 | completion of
an examination.
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15 | (f) Any person whose certificate of registration has | ||||||
16 | expired while he or she
has been engaged (1) in federal or | ||||||
17 | State service active duty, or (2) in
training or education | ||||||
18 | under the supervision of the United States
preliminary to | ||||||
19 | induction into the military service, may have his
or her | ||||||
20 | registration restored without paying any lapsed renewal or | ||||||
21 | restoration fee
if, within 2 years after termination of such | ||||||
22 | service, training or
education, he or she furnishes the | ||||||
23 | Department with satisfactory proof that he or she has
been so | ||||||
24 | engaged and that his or her service, training, or education has | ||||||
25 | been
so terminated.
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26 | (g) An individual applying for restoration of a |
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1 | registration shall have 3
years from the date of application to | ||||||
2 | complete the application process. If
the process has not been | ||||||
3 | completed in 3 years, the application shall be
denied and the | ||||||
4 | fee forfeited. The applicant may reapply at any time , but shall | ||||||
5 | meet the
requirement in effect at the time of reapplication .
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6 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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7 | (225 ILCS 310/10) (from Ch. 111, par. 8210)
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8 | (Section scheduled to be repealed on January 1, 2022)
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9 | Sec. 10. Foreign applicants. Upon payment of the required | ||||||
10 | fee, an
applicant who is an interior designer currently
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11 | registered , certified, or licensed under the laws
of another | ||||||
12 | state or territory of the United States or a foreign country
or | ||||||
13 | province shall, without further examination, be granted | ||||||
14 | registration as
an interior designer , as the case may be,
by | ||||||
15 | the Department : (a) whenever the requirements of such state or | ||||||
16 | territory of the United
States or a foreign country or province | ||||||
17 | were, at the date of
registration , certification, or licensure, | ||||||
18 | substantially equal to or greater than
the requirements then in | ||||||
19 | force in this State . ; or
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20 | (b) whenever such requirements of another state or | ||||||
21 | territory of the
United States or a foreign country or | ||||||
22 | province together with
educational and professional | ||||||
23 | qualifications, as distinguished from practical
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24 | experience, of the applicant since obtaining a license as | ||||||
25 | an interior designer
in such state or territory of the |
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1 | United
States are substantially equal to the requirements | ||||||
2 | in force in Illinois at the
time of application for | ||||||
3 | registration.
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4 | (Source: P.A. 96-1334, eff. 7-27-10 .)
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5 | (225 ILCS 310/13) (from Ch. 111, par. 8213)
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6 | (Section scheduled to be repealed on January 1, 2022) | ||||||
7 | Sec. 13. Refusal, revocation or suspension of | ||||||
8 | registration. The Department may refuse to issue, renew, or | ||||||
9 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
10 | or take other disciplinary action as the
Department may deem | ||||||
11 | proper, including fines not to exceed $5,000 for
each | ||||||
12 | violation, with regard to any registration for any one or | ||||||
13 | combination
of the following causes:
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14 | (a) Fraud in procuring the certificate of | ||||||
15 | registration.
| ||||||
16 | (b) Habitual intoxication or addiction to the use of | ||||||
17 | drugs.
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18 | (c) Making any misrepresentations or false promises, | ||||||
19 | directly or
indirectly, to influence, persuade, or induce | ||||||
20 | patronage.
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21 | (d) Professional connection or association with, or | ||||||
22 | lending his or her name, to
another for illegal use of the | ||||||
23 | title "registered interior designer", or professional | ||||||
24 | connection or association with any person,
firm, or | ||||||
25 | corporation holding itself out in any manner contrary to |
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1 | this Act.
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2 | (e) Obtaining or seeking to obtain checks, money, or | ||||||
3 | any other items of
value by false or fraudulent | ||||||
4 | representations.
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5 | (f) Use of the title under a name other than his or her | ||||||
6 | own.
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7 | (g) Improper, unprofessional, or dishonorable conduct | ||||||
8 | of a character
likely to deceive, defraud, or harm the | ||||||
9 | public.
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10 | (h) Conviction in this or another state, or federal | ||||||
11 | court, of any crime
which is a felony, if the Department | ||||||
12 | determines, after investigation, that
such person has not | ||||||
13 | been sufficiently rehabilitated to warrant the public
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14 | trust.
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15 | (i) A violation of any provision of this Act or its | ||||||
16 | rules.
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17 | (j) Revocation by another state, the District of | ||||||
18 | Columbia, territory, or
foreign nation of an interior | ||||||
19 | design or residential interior design license, | ||||||
20 | certification, or
registration if at least one of the
| ||||||
21 | grounds for that revocation is the same as or the | ||||||
22 | equivalent of one of the
grounds for revocation set forth | ||||||
23 | in this Act.
| ||||||
24 | (k) Mental incompetence as declared by a court of | ||||||
25 | competent jurisdiction.
| ||||||
26 | (l) Being named as a perpetrator in an indicated report |
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1 | by the
Department of Children and Family Services pursuant | ||||||
2 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
3 | proof by clear and convincing
evidence that the registrant | ||||||
4 | has caused a child to be an abused child or
neglected child | ||||||
5 | as defined in the Abused and Neglected Child Reporting Act.
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6 | (m) Aiding or assisting another person in violating any | ||||||
7 | provision of this Act or its rules. | ||||||
8 | (n) Failure to provide information in response to a | ||||||
9 | written request made by the Department within 30 days after | ||||||
10 | receipt of the written request. | ||||||
11 | (o) Physical illness, including, but not limited to, | ||||||
12 | deterioration through the aging process or loss of motor | ||||||
13 | skill that results in the inability to practice interior | ||||||
14 | design with reasonable judgment, skill, or safety. | ||||||
15 | The Department shall deny a registration or renewal | ||||||
16 | authorized by
this Act to any person who has defaulted on an | ||||||
17 | educational loan guaranteed
by the Illinois Student Assistance | ||||||
18 | Commission; however, the Department may
issue a certificate of | ||||||
19 | registration or renewal if such person has
established a | ||||||
20 | satisfactory repayment record as determined by the
Illinois | ||||||
21 | Student Assistance Commission.
| ||||||
22 | The Department may refuse to issue or may suspend the | ||||||
23 | registration
of any person who fails to file a return, or to | ||||||
24 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
25 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
26 | required by any tax Act administered by the
Illinois Department |
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1 | of Revenue, until such time as the requirements of any
such tax | ||||||
2 | Act are satisfied.
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3 | The entry of a decree by any circuit court establishing | ||||||
4 | that any person
holding a certificate of registration under | ||||||
5 | this Act is a person subject to
involuntary admission under the | ||||||
6 | Mental Health and Developmental Disabilities
Code shall | ||||||
7 | operate as a suspension of that registration. That person may
| ||||||
8 | resume using the title "registered interior designer" only upon | ||||||
9 | a finding by the Board that he or she has been determined to be | ||||||
10 | no
longer subject to involuntary admission by the court and | ||||||
11 | upon the Board's
recommendation to the Director that he or she | ||||||
12 | be permitted to resume using the title
"registered interior | ||||||
13 | designer".
| ||||||
14 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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15 | Section 15. The Unified Code of Corrections is amended by | ||||||
16 | changing Section 5-5-5 as follows:
| ||||||
17 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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18 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
19 | (a) Conviction and disposition shall not entail the loss by | ||||||
20 | the
defendant of any civil rights, except under this Section | ||||||
21 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
22 | hereafter amended.
| ||||||
23 | (b) A person convicted of a felony shall be ineligible to | ||||||
24 | hold an office
created by the Constitution of this State until |
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| |||||||
1 | the completion of his sentence.
| ||||||
2 | (c) A person sentenced to imprisonment shall lose his right | ||||||
3 | to vote
until released from imprisonment.
| ||||||
4 | (d) On completion of sentence of imprisonment or upon | ||||||
5 | discharge from
probation, conditional discharge or periodic | ||||||
6 | imprisonment, or at any time
thereafter, all license rights and | ||||||
7 | privileges
granted under the authority of this State which have | ||||||
8 | been revoked or
suspended because of conviction of an offense | ||||||
9 | shall be restored unless the
authority having jurisdiction of | ||||||
10 | such license rights finds after
investigation and hearing that | ||||||
11 | restoration is not in the public interest.
This paragraph (d) | ||||||
12 | shall not apply to the suspension or revocation of a
license to | ||||||
13 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
14 | (e) Upon a person's discharge from incarceration or parole, | ||||||
15 | or upon a
person's discharge from probation or at any time | ||||||
16 | thereafter, the committing
court may enter an order certifying | ||||||
17 | that the sentence has been
satisfactorily completed when the | ||||||
18 | court believes it would assist in the
rehabilitation of the | ||||||
19 | person and be consistent with the public welfare.
Such order | ||||||
20 | may be entered upon the motion of the defendant or the State or
| ||||||
21 | upon the court's own motion.
| ||||||
22 | (f) Upon entry of the order, the court shall issue to the | ||||||
23 | person in
whose favor the order has been entered a certificate | ||||||
24 | stating that his
behavior after conviction has warranted the | ||||||
25 | issuance of the order.
| ||||||
26 | (g) This Section shall not affect the right of a defendant |
| |||||||
| |||||||
1 | to
collaterally attack his conviction or to rely on it in bar | ||||||
2 | of subsequent
proceedings for the same offense.
| ||||||
3 | (h) No application for any license specified in subsection | ||||||
4 | (i) of this
Section granted under the
authority of this State | ||||||
5 | shall be denied by reason of an eligible offender who
has | ||||||
6 | obtained a certificate of relief from disabilities, as
defined | ||||||
7 | in Article 5.5 of this Chapter, having been previously | ||||||
8 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
9 | finding of lack of "good moral
character" when the finding is | ||||||
10 | based upon the fact that the applicant has
previously been | ||||||
11 | convicted of one or more criminal offenses, unless:
| ||||||
12 | (1) there is a direct relationship between one or more | ||||||
13 | of the previous
criminal offenses and the specific license | ||||||
14 | sought; or
| ||||||
15 | (2) the issuance of the license would
involve an | ||||||
16 | unreasonable risk to property or to the safety or welfare | ||||||
17 | of
specific individuals or the general public.
| ||||||
18 | In making such a determination, the licensing agency shall | ||||||
19 | consider the
following factors:
| ||||||
20 | (1) the public policy of this State, as expressed in | ||||||
21 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
22 | employment of persons previously
convicted of one or more | ||||||
23 | criminal offenses;
| ||||||
24 | (2) the specific duties and responsibilities | ||||||
25 | necessarily related to the
license being sought;
| ||||||
26 | (3) the bearing, if any, the criminal offenses or |
| |||||||
| |||||||
1 | offenses for which the
person
was previously convicted will | ||||||
2 | have on his or her fitness or ability to perform
one or
| ||||||
3 | more such duties and responsibilities;
| ||||||
4 | (4) the time which has elapsed since the occurrence of | ||||||
5 | the criminal
offense or offenses;
| ||||||
6 | (5) the age of the person at the time of occurrence of | ||||||
7 | the criminal
offense or offenses;
| ||||||
8 | (6) the seriousness of the offense or offenses;
| ||||||
9 | (7) any information produced by the person or produced | ||||||
10 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
11 | and good conduct, including a certificate
of relief from | ||||||
12 | disabilities issued to the applicant, which certificate | ||||||
13 | shall
create a presumption of rehabilitation in regard to | ||||||
14 | the offense or offenses
specified in the certificate; and
| ||||||
15 | (8) the legitimate interest of the licensing agency in | ||||||
16 | protecting
property, and
the safety and welfare of specific | ||||||
17 | individuals or the general public.
| ||||||
18 | (i) A certificate of relief from disabilities shall be | ||||||
19 | issued only
for a
license or certification issued under the | ||||||
20 | following Acts:
| ||||||
21 | (1) the Animal Welfare Act; except that a certificate | ||||||
22 | of relief from
disabilities may not be granted
to provide | ||||||
23 | for
the
issuance or restoration of a license under the | ||||||
24 | Animal Welfare Act for any
person convicted of violating | ||||||
25 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
26 | Care for Animals Act or Section 26-5 or 48-1 of the |
| |||||||
| |||||||
1 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
2 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
3 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
4 | and Nail Technology Act of 1985;
| ||||||
5 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
6 | Act;
| ||||||
7 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
8 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
9 | 1984;
| ||||||
10 | (7) the Illinois Farm Labor Contractor Certification | ||||||
11 | Act;
| ||||||
12 | (8) the Registered Interior Designers Design Title | ||||||
13 | Act;
| ||||||
14 | (9) the Illinois Professional Land Surveyor Act of | ||||||
15 | 1989;
| ||||||
16 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
17 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
18 | (12) the Private Employment Agency Act;
| ||||||
19 | (13) the Professional Counselor and Clinical | ||||||
20 | Professional Counselor
Licensing and Practice
Act;
| ||||||
21 | (14) the Real Estate License Act of 2000;
| ||||||
22 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
23 | (16) the Professional Engineering Practice Act of | ||||||
24 | 1989; | ||||||
25 | (17) the Water Well and Pump Installation Contractor's | ||||||
26 | License Act; |
| |||||||
| |||||||
1 | (18) the Electrologist Licensing Act;
| ||||||
2 | (19) the Auction License Act; | ||||||
3 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
4 | (21) the Dietitian Nutritionist Practice Act; | ||||||
5 | (22) the Environmental Health Practitioner Licensing | ||||||
6 | Act; | ||||||
7 | (23) the Funeral Directors and Embalmers Licensing | ||||||
8 | Code; | ||||||
9 | (24) (blank); | ||||||
10 | (25) the Professional Geologist Licensing Act; | ||||||
11 | (26) the Illinois Public Accounting Act; and | ||||||
12 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
13 | (Source: P.A. 100-534, eff. 9-22-17.)
| ||||||
14 | Section 20. The Mechanics Lien Act is amended by changing | ||||||
15 | Section 1 as follows:
| ||||||
16 | (770 ILCS 60/1) (from Ch. 82, par. 1)
| ||||||
17 | Sec. 1. Contractor defined; amount of lien; waiver of lien; | ||||||
18 | attachment of lien; agreement to waive; when not enforceable.
| ||||||
19 | (a) Any person who shall by any contract or contracts, | ||||||
20 | express or
implied, or partly expressed or implied, with the | ||||||
21 | owner of a lot or
tract of land, or with one whom the owner has | ||||||
22 | authorized or knowingly
permitted to contract, to improve the | ||||||
23 | lot or tract of land or for the purpose of improving the tract | ||||||
24 | of land, or to manage a
structure under construction thereon, |
| |||||||
| |||||||
1 | is known under this Act as a contractor and has a lien upon the | ||||||
2 | whole of such lot or tract of land and upon adjoining or | ||||||
3 | adjacent lots or tracts of land of such owner constituting the | ||||||
4 | same premises and occupied or used in connection with such lot | ||||||
5 | or tract of land as a place of residence or business; and in | ||||||
6 | case the contract relates to 2 or more buildings, on 2 or more | ||||||
7 | lots or tracts of land, upon all such lots and tracts of land | ||||||
8 | and improvements thereon for the amount due to him or her for | ||||||
9 | the material, fixtures, apparatus, machinery, services or | ||||||
10 | labor, and interest at the rate of 10% per annum from the date | ||||||
11 | the same is due. This lien extends to an estate in fee, for | ||||||
12 | life, for years, or any other estate or any right of redemption | ||||||
13 | or other interest that the owner may have in the lot or tract | ||||||
14 | of land at the time of making such contract or may subsequently | ||||||
15 | acquire and this lien attaches as of the date of the contract. | ||||||
16 | (b) As used in subsection (a) of this Section, "improve" | ||||||
17 | means to furnish labor, services, material, fixtures, | ||||||
18 | apparatus or
machinery, forms or form work in the process of | ||||||
19 | construction where
cement, concrete or like material is used | ||||||
20 | for the purpose of or in the
building, altering, repairing or | ||||||
21 | ornamenting any house or other building,
walk or sidewalk, | ||||||
22 | whether the walk or sidewalk is on the land or bordering
| ||||||
23 | thereon, driveway, fence or improvement or appurtenances to the | ||||||
24 | lot or
tract of land or connected therewith, and upon, over or | ||||||
25 | under a sidewalk,
street or alley adjoining; or fill, sod or | ||||||
26 | excavate such lot or tract of
land, or do landscape work |
| |||||||
| |||||||
1 | thereon or therefor; or raise or lower any house
thereon or | ||||||
2 | remove any house thereto, or remove any house or other | ||||||
3 | structure
therefrom, or perform any services or incur any | ||||||
4 | expense as an architect,
structural engineer, professional | ||||||
5 | engineer, land surveyor , registered interior designer, or
| ||||||
6 | property manager in, for , or on a lot or tract of land for any | ||||||
7 | such purpose;
or drill any water well thereon; or furnish or | ||||||
8 | perform labor or services as
superintendent, time keeper, | ||||||
9 | mechanic, laborer or otherwise, in the
building, altering, | ||||||
10 | repairing or ornamenting of the same; or furnish
material, | ||||||
11 | fixtures, apparatus, machinery, labor or services, forms or | ||||||
12 | form
work used in the process of construction where concrete, | ||||||
13 | cement or like
material is used, or drill any water well on the | ||||||
14 | order of his agent,
architect, structural engineer , registered | ||||||
15 | interior designer, or superintendent having charge of the
| ||||||
16 | improvements, building, altering, repairing , or ornamenting | ||||||
17 | the same. | ||||||
18 | (c) The taking of additional
security by the contractor or | ||||||
19 | sub-contractor is not a waiver of any
right of lien which he | ||||||
20 | may have by virtue of this Act, unless made a
waiver by express | ||||||
21 | agreement of the parties and the waiver is not
prohibited by | ||||||
22 | this Act.
| ||||||
23 | (d) An agreement to waive any right to enforce or claim any | ||||||
24 | lien under this Act, or an agreement to subordinate the lien, | ||||||
25 | where the agreement is in anticipation of and in consideration | ||||||
26 | for the awarding of a contract or subcontract, either express |
| |||||||
| |||||||
1 | or implied, to perform work or supply materials for an | ||||||
2 | improvement upon real property is against public policy and | ||||||
3 | unenforceable. This Section does not prohibit release of lien | ||||||
4 | under subsection (b) of Section 35 of this Act, nor does it | ||||||
5 | prohibit an agreement to subordinate a mechanics lien to a | ||||||
6 | mortgage lien that secures a construction loan if that | ||||||
7 | agreement is made after more than 50% of the loan has been | ||||||
8 | disbursed to fund improvements to the property.
| ||||||
9 | (Source: P.A. 98-764, eff. 7-16-14.)
|