SB1232 97TH GENERAL ASSEMBLY

LRB097 05211 CEL 45260 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1232

Introduced 2/8/2011, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.32 new
730 ILCS 5/5-5-5	from Ch. 38, par. 1005-5-5
225 ILCS 310/Act rep.

Creates the Interior Design Practice Act. Provides for licensure of interior designers by the Department of Financial and Professional Regulation. Creates the Interior Design Licensing Board and sets forth the powers and duties of the Board. Provides that it is unlawful for a person or entity to act or assume to act as an interior design company as defined in this Act, to engage in the business of interior design, or to advertise or hold himself or herself out to be a licensed interior design company without first obtaining a license issued by the Department under this Act. Includes provisions concerning exemption from the Act. Provides that persons practicing as an interior design company in Illinois as of the effective date of the Act may continue to practice until the Department has adopted rules implementing the Act. Provides that each entity registered under the Act shall designate a managing agent who is responsible to assure that the company operates in compliance with the Act. Sets forth the powers and duties of the Department, licensure qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Sets forth provisions concerning standards of practice and prohibited activities. Preempts home rule. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Interior Design Practice Act.

Section 5. Declaration of public policy. The practice of interior design, as defined in this Act, in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of interior design, as defined in this Act, merit and receive the confidence of the public, and that only qualified persons be authorized to practice interior design in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.

Section 10. Application of Act. Nothing in this Act shall be deemed or construed to prevent the practice of structural engineering as defined in the Structural Engineering Licensing Act of 1989, the practice of architecture as defined in the Illinois Architecture Practice Act of 1989, or the practice of professional engineering as defined in the Professional Engineering Practice Act of 1989, or to prevent the offering or preparation of environmental analysis, feasibility studies, programming, or construction management services by persons other than those licensed in accordance with this Act, the Structural Engineering Licensing Act of 1989, the Professional Engineering Practice Act of 1989, or the Illinois Architecture Practice Act of 1989.

Nothing contained in this Act prevents (i) the draftsmen, students, project representatives, and employees of those lawfully practicing as licensed interior designers under the provisions of this Act from acting under the direct supervision and control of their employers, (ii) the employment of project representatives for modification, enlargement, or alteration of the interior space of buildings or any parts thereof, as allowed under this Act, or (iii) project representatives from acting under the direct supervision and control of the licensed interior designer by whom the technical submissions (including drawings and specifications of any interior space of a building, modification, or alteration thereof) were prepared.

Nothing in this Act or any other Act prevents a registered architect under the Illinois Architecture Practice Act of 1989 from practicing or providing interior design services. Nothing in this Act shall be construed as requiring the services of an interior designer for the interior designing of a single family residence. This Act does not apply to any of the following:

(1) The building, remodeling, or repairing of any building or other structure outside of the corporate limits of any city or village, where the building or structure is to be, or is used for residential or farm purposes, or for the purposes of outbuildings or auxiliary buildings in connection with the residential or farm premises.

(2) The construction, remodeling, or repairing of a detached single family residence on a single lot.

(3) The construction, remodeling, or repairing of a two-family residence of wood frame construction on a single lot, not more than two stories and basement in height.

(4) The interior design of any single family residence.

However, all buildings not included in the preceding paragraphs (1) through (4), including multi-family buildings and buildings previously exempt under those provisions but subsequently non-exempt due to a change in occupancy or use, are subject to the requirements of this Act.

Section 15. Definitions. In this Act:

"Department" means the Department of Financial and Professional Regulation.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Board" means the Illinois Interior Design Licensing Board appointed by the Secretary.

"Public member" means a person who is not an interior designer, educator in the field, architect, structural engineer, or professional engineer. For the purposes of Board membership, any person with a significant financial interest in the design or construction service or profession is not a public member.

"Interior designer" means a person who is qualified by education, training, experience, or examination and who is licensed under the laws of this State to practice the profession of interior design.

"Profession of interior design" means the rendering of or the offering to render designs, consultations, studies, planning, drawings, specifications, contract documents, or other technical submissions and the administration of interior construction and contracts relating to non-structural interior construction of a building by a licensed interior designer. The term includes:

(1) space planning, finishes, furnishings, and the design for fabrication of nonstructural interior construction within interior spaces of buildings;

(2) responsibility for life safety design of proposed, or modification of existing, nonstructural and non-engineered elements of construction such as partitions, doors, stairways, and paths of egress connecting to exits or exitways; and

(3) modification of existing building construction so as to alter the number of persons for which the egress systems for the building are designed.

"Illinois licensed design professional" means a person who holds an active license as an interior designer under this Act, as a structural engineer under the Structural Engineering Licensing Act of 1989, or as a professional engineer under the Professional Engineering Practice Act of 1989.

"Interior design project" means the provision of professional services for the purpose of creating an interior space that satisfies the functional and aesthetic requirements of an area, within a given structure, encompassing all elements of design theory, programming, planning, pre-designed analysis, conceptual design, materials and finish selection, interior construction documentation, furniture or fixture and equipment selection, interior life safety, codes and standards review or analysis and interpretation, project administration and representation, and interior construction observation in conjunction with the construction of any interior space within a proposed or given structure, building, project, or addition, alteration, or restoration thereof; but, specifically excluding: structural changes or alterations to previously determined core enclosures, alterations to building entry ingress or egress conditions that constitute horizontal or vertical fire exitways, fire compartmentalization, or areas of refuge, including any access point to the structure, used for the purpose of entering or exiting the building, the approach walk, the vertical access leading to the entrance platform, areas of refuge, the entry doors or gates and their associated hardware; but specifically not excluding egress or ingress analysis and resolution within the interior space of the building including horizontal fire exitways leading to pre-determined vertical fire exitways.

"Interior technical submissions" means detailed drawings and specifications sealed and signed by a licensed interior designer certifying compliance with applicable current building codes, ordinances, laws, and regulations that define the work to be constructed in such form as is required for approval of a construction permit by a building official. Technical submissions are the designs, drawings, and specifications that establish the scope of the interior design to be constructed, the standard of quality for materials, workmanship, equipment, and construction systems and the studies and the technical reports and calculations prepared in the course of the practice of interior design. Such submissions may be combined with submissions prepared under the responsible control, seal, and signature of other registered or licensed professionals. All technical submissions intended for use in interior construction in this State shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Care shall be taken to reflect the requirements of State law and, where applicable, federal law and county and municipal building ordinances in such submissions. In recognition that interior designers are licensed for the protection of the public health, safety, and welfare, submissions shall be of such quality and scope, and be so administered, as to conform to professional standards.

"Interior life safety" as it pertains to an interior design project means the analysis, development, interpretation, and review of space plans, interior construction components, and the aggregate employment of such components to constitute an assembly, materials, finishes, and furniture or fixtures and equipment selections for compliance with regulatory building code provisions that when applied collectively, provide comprehensive safety features to eliminate, reduce, or control life or health threatening situations in the interior environments of a proposed or given structure or building, but specifically excluding: structural changes or alterations to previously determined core enclosures, alterations to building entry ingress or egress conditions that constitute horizontal or vertical fire exitways, fire compartmentalization, or areas of refuge, including any access point to the structure, used for the purpose of entering or exiting the building, the approach walk, the vertical access leading to the entrance platform, areas of refuge, the entry doors or gates and their associated hardware, but specifically not excluding: egress or ingress analysis and resolution within the interior space of the building including horizontal fire exitways leading to pre-determined vertical fire exitways.

"Interior alteration" means any modification or renovation that involves or includes, but is not limited to, change in the physical state of permanent fixtures or equipment, remodeling, renovation, rehabilitation, historic preservation, reconstruction, restoration or improvements, ordinary repairs, changes in design function or layout of rooms, assessment rearrangement, and verification of code compliance of interior exit provisions, and interior office systems furniture rearrangements, as they pertain to the interior areas of a structure, but specifically excluding: changes to load bearing walls, columns, or other load bearing elements of a building essential to the structural integrity of a building the structural envelope, extraordinary repairs, or mechanical, electrical, plumbing, and fire protection requirements.

The following work is not included under the definition of "interior alteration": routine maintenance, redecoration, minor mechanical and electrical systems alterations, replacement of plumbing piping or valves, and rearrangements of interior office systems furniture encompassing or utilizing less than 5,000 square feet of interior floor space.

"Space planning" means the translation of project or client requirements into a physical plan of space within a proposed or given structure, organizing major rooms, areas, furniture or fixtures and equipment, determining internal circulation systems or patterns, and the location of internal exit requirements; based on occupancy loads, assessment of life safety factors, or the analysis of and for compliance with State and local building codes, but specifically excluding: building core elements, any access point to the structure, used for the purpose of entering or exiting the building, the approach walk, the vertical access leading to the entrance platform, areas of refuge, the entry doors or gates and the hardware of the entry doors or gates.

Section 20. Powers and duties of the Department. Subject to the other provisions of this Act, the Department shall exercise the following functions, powers, and duties:

(1) to conduct examinations to ascertain the qualifications and fitness of applicants for licensure as licensed interior designers, and pass upon the qualifications and fitness of applicants for licensure by endorsement;

(2) to prescribe rules for a method of examination of candidates;

(3) to prescribe rules defining what constitutes a school, college, university (or department of a university), or other institution that is reputable and in good standing; to determine whether or not a school, college, university (or department of a university), or other institution is reputable and in good standing by reference to compliance with the rules; and to terminate the approval of a school, college, university (or department of a university), or other institution that refuses admittance to applicants solely on the basis of race, color, creed, sex, or national origin. The Department may adopt, as its own rules relating to education requirements, those guidelines that may be published from time to time by the National Council for Interior Design Qualifications;

(4) to prescribe rules for diversified professional training;

(5) to conduct oral interviews, disciplinary conferences, and formal evidentiary hearings relating to proceedings to reprimand or impose fines on a licensee or to suspend, revoke, place on probationary status, or refuse to issue or restore a license issued under this Act for any of the reasons set forth in Section 90 of this Act;

(6) to issue licenses to those who meet the requirements of this Act; and

(7) to formulate and publish rules necessary or appropriate to carrying out the provisions of this Act.

Section 25. Creation of the Board. The Secretary shall appoint an Interior Design Licensing Board that shall consist of 5 members. Four members shall be licensed, or with respect to the initial appointments under this Section, be qualified to be licensed as interior designers, residing in this State, who have been engaged in the practice of interior design at least 5 years. In addition to the 4 licensed interior designers, there shall be one public member. The public member shall be a voting member and shall not hold a license as an interior designer, architect, professional engineer, structural engineer, or land surveyor.

Board members shall serve for terms of 5 years and until their successors are appointed and have qualified. For the initial appointments made under this Act, however, 2 members shall be appointed to serve for a period of one year, 2 members shall be appointed to serve for a period of 3 years, and the public member shall be appointed for a period of 5 years. In appointing persons to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the profession.

The membership of the Board should reasonably reflect representation from the geographic areas in this State.

No member shall be reappointed to the Board for a term that would cause his or her continuous service on the Board to be longer that 10 successive years. Service on any board prior to the effective date of this Act does not apply to this limit.

In making appointments to the Board, the Secretary shall give due consideration to recommendations by national and State organizations of the interior design profession and shall promptly give due notice to those organizations of any vacancy in the membership of the Board. The Secretary may terminate the appointment of any member for any cause that, in the opinion of the Secretary, reasonably justifies such termination.

A vacancy in the membership of the Board does not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.

The members of the Board shall each receive as compensation a reasonable sum as determined by the Secretary for each day actually engaged in the duties of the office, and all legitimate and necessary expenses incurred in attending meetings of the Board.

Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.

Three members shall constitute a quorums of Board members. The chairman may vote on matters to come before the Board only in the case of a tie vote.

The Secretary may terminate the appointment of any member for cause that in the opinion of the Secretary reasonably justifies such termination.

Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations made therein. The Department may, at any time, seek the expert advice and knowledge of the Board on any matter relating to the administration or enforcement of this Act.

Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.

Section 30. Powers and duties of the Board.

(a) The Board shall hold at least 3 regular meetings each year.

(b) The Board shall annually elect a chairman, who shall be a licensed interior designer.

(c) The Board, upon request by the Department, may make a curriculum evaluation to determine if courses conform to the requirements of approved interior design programs.

(d) The Board shall assist the Department in conducting oral interviews, disciplinary conferences, and formal evidentiary hearings.

(e) The Department may, at any time, seek the expert advise and knowledge of the Board on any matter relating to the enforcement of this Act.

(f) The Board may appoint a subcommittee to serve as a Complaint Committee to recommend the disposition of case files according to the procedures established by rule.

(g) The Board shall review applicant qualifications to sit for the examination or for licensure and shall make recommendations to the Department. The Department shall review the Board's recommendations on applicant qualifications. The Secretary shall notify the Board in writing with an explanation of any deviation from the Board's recommendation on applicant qualifications. After review of the Secretary's written explanation of his or her reasons for deviation, the Board shall have the opportunity to comment upon the Secretary's decision.

Section 35. Application for original license.

(a) Each applicant for licensure shall apply to the Department in writing on a form provided by the Department. Except as otherwise provided in this Act, each applicant shall take and pass an examination approved by the Department. The Board may adopt substantially all or part of the examination and grading procedures of the National Council for Interior Design Qualifications or its equivalent. Prior to licensure, the applicant shall provide substantial evidence to the Board that the applicant:

(1) is a graduate of a 5 year interior design program from an accredited institution and has completed at least 2 years of full time diversified interior design experience;

(2) is a graduate of a 4 year interior design program from an accredited institution and has completed at least 2 years of full time diversified interior design experience.

(3) has completed at least 3 years of interior design curriculum from an accredited institution and has completed 3 years of full time diversified interior design experience; or

(4) is a graduate of a 2 year interior design program from an accredited institution and has completed 4 years of full time diversified interior design experience.

(b) In addition to providing evidence of meeting the requirements of subsection (a) each applicant shall provide substantial evidence that he or she has successfully completed all or part of the examination administered by the National Council for Interior Design Qualifications or its equivalent. Examinations for applicants under this Act may be held at the direction of the Department from time to time but not less than once each year. The scope and form of the examination shall conform to the National Council for Interior Design Qualifications examination or its equivalent as determined by the Department.

Each applicant for licensure who possesses the necessary qualifications shall pay to the Department the required license fee, which is not refundable.

An individual applying for licensure shall have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied and the fee forfeited. The applicant may reapply, but shall meet the requirements in effect at the time of reapplication.

(c) An architect licensed under the Illinois Architecture Practice Act of 1989 who meets the provisions of that Act may, without examination, be granted a license to provide services as an interior designer, upon submission to the Department of proof of his or her licensure as an architect and payment of the required fee, which shall be determined by the Department by rule.

Section 40. Social Security number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security number.

Section 45. Qualifications of applicants. A person who is of good moral character and is a citizen of the United States or any of its territories or a lawfully admitted alien may take an examination for licensure, if he or she is a graduate of a program deemed satisfactory by the Department and has completed diversified professional training, including academic training, as required by rules of the Department. The Department may adopt, as its own rules relating to diversified professional training, those guidelines that may be published from time to time by the National Council for Interior Design Qualification.

"Good moral character" means such character as will enable a person to discharge the fiduciary duties of an interior designer to that person's clients and to the public in a manner that protects health, safety, and welfare. Evidence of inability to discharge those duties may include the commission of an offense justifying discipline under Section 90. In addition, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to qualification for examination for licensure.

Section 50. Display of license; seal. Every holder of a license as a licensed interior designer shall display it in a conspicuous place in the principal office of the interior designer.

Every licensed interior designer shall have a reproducible seal, or facsimile, the print of which shall contain the name of the interior designer, the license number, and the words "Licensed Interior Designer, State of Illinois". The licensed interior designer shall affix the signature, current date, date of license expiration, and seal to the first sheet of any bound set or loose sheets of interior technical submissions utilized as contract documents or prepared for the review and approval of any governmental or public authority having jurisdiction by that licensed interior designer or under that licensed interior designer's direct supervision and control. The sheet of interior technical submissions to which the seal is affixed shall indicate those documents or parts thereof to which the seal applies.

For the purposes of this Act, "direct supervision and control" means that the interior designer has exerted sufficient personal supervision, control, and review of the activities of those employed to perform interior design work to ensure that the technical submissions produced by those so employed and sealed by the interior designer meet the standards of reasonable professional skill and diligence and are of no lesser quality than if they had been produced personally by the interior designer. The interior designer is obligated to have detailed professional knowledge of the technical submissions the interior designer seals and to have exercised professional judgment in all interior design matters embodied in those interior technical submissions. Merely reviewing the interior technical submissions produced by others, even if they are licensed, shall not constitute "direct supervision and control" by the interior designer unless the interior designer has actually exercised supervision and control over the preparation of the interior technical submissions.

Section 55. Issuance of license. Whenever the provisions of this Act have been complied with, the Department shall issue a license as an interior designer.

Section 60. Licenses; renewal; restoration; interior designers in military service. The expiration date and renewal period for each license issued under this Act shall be set by rule. The holder of a license may renew the license during the month preceding the expiration date thereof by paying the required fee. A licensed interior designer who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required restoration fee.

If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, that person's fitness to resume active status and may require that person to successfully complete an examination.

Any person whose license has been expired for more than 3 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, and by paying the required restoration fee.

However, any person whose license has expired while he or she has been engaged (i) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored or reinstated without paying any lapsed renewal fees or restoration fee if within 2 years after termination of the service, training or education other than by dishonorable discharge he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

Section 65. Inactive status; restoration. Any licensed interior designer who notifies the Department in writing, on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.

A licensed interior designer requesting restoration from inactive status shall be required to pay the current renewal fee and shall have his or her license restored as provided in Section 135 of this Act.

A licensed interior designer whose license is in an inactive status shall not practice interior design in the State.

Section 70. Endorsement. The Department may, in its discretion and upon payment of the required fee, license as an interior designer, without examination, an applicant who is an interior designer licensed under the laws of another state or territory, if the requirements for licensure in that state or territory were, at the date of his or her licensure, substantially equivalent to the requirements in force in this State on that date as determined by the Board.

Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Section 75. Fees. The following fees are not refundable.

(a) Licensure fees.

(1) The fee for application for a license is $100.

(2) In addition, applicants for any examination are required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining the applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

(3) The fee for a license for an interior designer registered or licensed under the laws of another state or territory of the United States or province is $100.

(4) The fee for the renewal of a license shall be $30.

(5) The fee for the restoration of a license other than from inactive status is $10 plus payment of all lapsed renewal fees.

(6) The fee for application for a license as an interior design corporation or partnership is $100.

(7) The fee for a renewal of a license or certificate of registration as a professional design firm shall be $30.

(b) General fees.

(1) The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license that has been lost or destroyed, or for the issuance of a license with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate license is issued.

(2) The fee for a certification of a licensee's record for any purpose is $20.

(3) The fee for rescoring an examination is the cost to the Department of rescoring the examination, plus any fees charged by the applicable testing service to have the examination rescored.

(4) The fee for a wall certificate showing licensure is the actual cost of producing such certificate.

(5) The fee for a roster of licensed interior designers in this State is the actual cost of producing such a roster.

(c) All of the fees and fines collected under this Section shall be deposited into the Design Professional Administration and Investigation Fund.

(d) Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owing to the Department, a fine of $50. If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this subsection in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.

Section 80. Roster of licensees and registrants. A roster showing the names and addresses of all interior designers, interior designer corporations, and partnerships and professional design firms licensed or registered under this Act shall be prepared by the Department each year. This roster shall be available upon written request and payment of the required fee.

Section 85. Professional design firm registration; conditions.

(a) Nothing in this Act prohibits the formation, under the provisions of the Professional Service Corporation Act, of a corporation to practice interior design.

Any business not formed under the Professional Service Corporation Act and not registered as such with the Department, and which includes the practice of interior design within its stated purposes or practices or holds itself out as available to practice interior design, shall register with the Department under this Section. Any professional service corporation, sole proprietorship, or professional design firm offering interior design services must have a resident interior designer or other Illinois licensed design professional overseeing the interior design practices in each location in which interior design services are provided.

Any sole proprietorship not owned and operated by an Illinois licensed design professional licensed under this Act shall be prohibited form offering interior design services to the public. Any sole proprietorship owned and operated by an interior designer with an active license issued under this Act is exempt from the registration requirements of a professional design firm.

(b) A corporation, partnership, or professional design firm seeking to be registered under this Section shall not be registered unless:

(1) two-thirds of the board of directors (in the case of a corporation), general partners (in the case of a partnership), or members (in the case of a limited liability company) are licensed under the laws of any state to practice interior design, architecture, professional engineering, or structural engineering; and

(2) the person having the interior design practice in this State in his or her charge is (i) a director (in the case of a corporation), general partner (in the case of a partnership), or member (in the case of a limited liability company) and (ii) holds a license under this Act.

A corporation, limited liability company, professional service corporation, or partnership qualifying under this Section and practicing in this State shall file with the Department all information concerning its officers, directors, members, managers, partners, or beneficial owners that the Department may, by rule, require.

(c) No business shall practice or hold itself out as available to practice interior design until it is registered with the Department.

(d) A business seeking to be registered under this Section shall make application on a form provided by the Department and shall provide all information requested by the Department, including, but not limited to, all of the following:

(1) The name and interior designer's license number of at least one person designated as the managing agent in responsible charge of the practice of interior design in Illinois. In the case of a corporation, the corporation shall also submit a certified copy of the resolution by the board of directors designating at least one managing agent. If the business is a limited liability company, the company shall submit a certified copy of either its articles of organization or its operating agreement, whichever designates the managing agent.

(2) The names and license numbers of the interior designers, professional engineers, architects, and structural engineers among the directors (in the case of a corporation), members (in the case of a limited liability company), or general partners (in the case of a partnership).

(3) A list of all locations at which the professional design firm provides interior designer services.

(4) A list of all assumed names of the business. Nothing in this Section shall be construed to exempt a business from compliance with the requirements of the Assumed Business Name Act.

It is the responsibility of the professional design firm to provide the Department notice in writing of any changes in the information requested on the application.

(e) If a managing agent terminates his or her status as a managing agent of the professional design firm or is terminated, the managing agent and the professional design firm shall each notify the Department of this fact in writing, by certified mail, within 10 business days of the termination.

If it has so notified the Department, the professional design firm has 30 days after the termination date in which to notify the Department of the name and license number of the interior designer who is the newly designated managing agent. A corporation shall also submit a certified copy of a resolution by the board of directors designating the new managing agent. A limited liability company shall also submit a certified copy of either its articles of organization or its operating agreement, whichever designates the new managing agent. The Department may, upon good cause shown, extend the original 30 day period.

If the professional design firm has not so notified the Department within the specified time, the registration shall be terminated without prior hearing. Notification of termination shall be sent by certified mail to the last known address of the business. If the professional design firm continues to operate and offer interior design services after the termination, the Department may seek prosecution under Sections 95, 100, and 110 of this Act for the unlicensed practice of interior design.

(f) No professional design firm shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this Section, nor shall any individual practicing interior design be relieved of the responsibility for professional services performed by reason of the individual's employment or relationship with a professional design firm registered under this Section.

(g) Disciplinary action against a professional design firm registered under this Section shall be administered in the same manner and on the same grounds as disciplinary action against a licensed interior designer.

Section 90. Refusal, suspension and revocation of licenses; causes.

(a) The Department may refuse to issue, renew or restore, or may suspend or revoke any license or registration, or may place on probation, reprimand, or fine, with a civil penalty not to exceed $10,000 for each violation, any person, corporation, or partnership, or professional design firm licensed or registered under this Act for any of the following reasons:

(1) material misstatement in furnishing information to the Department;

(2) negligence, incompetence, or misconduct in the practice of interior design;

(3) failure to comply with any of the provisions of this Act or any of the rules;

(4) making any misrepresentation for the purpose of obtaining licensure;

(5) purposefully making false statements or signing false statements, certificates, or affidavits to induce payment;

(6) conviction of any crime under the laws of the United States, or any state or territory thereof, which is a felony, whether related to the practice of interior design or not; or conviction of any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or wanton disregard for the rights of others, or that is directly related to the practice of interior design;

(7) aiding or assisting another person in violating any provision of this Act or its rules;

(8) signing or affixing the licensed interior designer's seal or permitting the interior designer's seal to be affixed to any technical submissions not prepared by the interior designer or under that interior designer's direct supervision and control;

(9) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(10) habitual intoxication or addiction to the use of drugs;

(11) making a statement of compliance under the Environmental Barriers Act that technical submissions prepared by the licensed interior designer or prepared under the licensed interior designer's direct supervision and control for construction or alteration of an occupancy required to be in compliance with the Environmental Barriers Act are in compliance with the Environmental Barriers Act when the technical submissions are not in compliance;

(12) a finding by the Board that a registrant, whose license has been placed on probationary status, has violated the terms of probation;

(13) discipline by another state, territory, foreign country, the District of Columbia, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth herein;

(14) failure to provide information in response to a written request made by the Department within 30 days after receipt of the written request;

(15) physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill, or safety.

(b) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the licensee be allowed to resume practice.

The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any that tax Act are satisfied.

Persons who assist the Department as consultants or expert witnesses in the investigation or prosecution of alleged violations of this Act, licensure matters, restoration proceedings, or criminal prosecutions shall not be liable for damages in any civil action or proceeding as a result of such assistance, except upon proof of actual malice. The Attorney General shall defend those persons in any such action or proceeding.

Section 95. Violations; injunction; cease and desist order.

(a) If any person or entity violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in the court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person or entity has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person or entity practices as an interior designer or holds himself or herself out as an interior designer or professional design firm without being licensed or registered under the provisions of this Act, then any licensed interior designer, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person or entity violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

Section 100. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person or entity holding or claiming to hold a license or registration. Before the initiation of an investigation, the matter shall be reviewed by a subcommittee of the Board according to procedures established by rule for the Complaint Committee. The Department shall, before refusing to restore, issue, or renew a license or registration, or disciplining a licensee or registrant, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license or registrant of the nature of the charges and that a hearing will be held on the date designated, and direct the applicant or entity or licensee or registrant to file a written answer to the Board under oath within 20 days after the service of the notice and inform the applicant, entity, licensee, or registrant that failure to file an answer will result in default being taken against the applicant or entity or licensee or registrant and that the license or certificate may be suspended, revoked, place on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Secretary may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department. If the person or entity fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The Board may continue the hearing from time to time.

Section 105. Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to restore, issue or renew a license, or the discipline of a licensee. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board and the orders of the Department shall be the record of the proceedings. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required by Section 60f of the Civil Administrative Code of Illinois.

Section 110. Subpoenas of witnesses; oaths. The Department has power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.

The Secretary, and every member of the Board, each have power to administer oaths to witnesses at any hearing that the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

Section 115. Procedure to compel attendance of witnesses. Any circuit court, upon the application of the accused person or complainant or of the Department, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relating to the application for or refusal, recall, suspension, or revocation of the license, or the discipline of a licensee, and the court may compel obedience to its order by proceedings for contempt.

Section 120. Report of Board; rehearing. After the hearing, the Board shall present to the Secretary its written report of its findings and recommendations. A copy of the report shall be served upon the accused person, either personally or by registered or certified mail as provided in this Act for the service of the notice. Within 20 days after the service, the accused person may present to the Department his or her motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If the accused person orders and pays for a transcript of the record as provided in this Section, the time elapsing before the transcript is ready for delivery to him or her shall not be counted as part of the 20 days.

Whenever the Secretary is not satisfied that substantial justice has been done, he or she may order a rehearing by the same or another special board. At the expiration of the time specified for filing a motion for a rehearing the Secretary has the right to take the action recommended by the Board.

Section 125. Hearing officer. Notwithstanding the provisions of Section 100 of this Act, the Secretary has the authority to appoint any attorney duly licensed to practice law in the State to serve as the hearing officer in any action under Section 120. The Secretary shall notify the Board of any such appointment. The hearing officer has full authority to conduct the hearing. The Board has the right to have at least one member present at any hearing conducted by the hearing officer. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board and the Secretary. The Board has 60 days after the receipt of the report to review the report of the hearing officer and present his or her findings of fact, conclusions of law, and recommendations to the Secretary. If the Board fails to present its report within the 60-day period, the Secretary shall issue an order based on the report of the hearing officer. If the Secretary disagrees in any regard with the report of the Board or hearing officer, he or she may issue an order in contravention thereof. The Secretary shall provide a written explanation to the Board on any deviation, and shall specify with particularity the reasons for such action in the final order.

Section 130. Order to be prima facie proof. An order of revocation or suspension or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof:

(1) that the signature is the genuine signature of the Secretary;

(2) that the Secretary is duly appointed and qualified; and

(3) that the Board and the members thereof are qualified to act.

This prima facie proof may be rebutted.

Section 135. Issuance or restoration of license. At any time after the refusal to issue or the suspension or revocation of any license, the Department may issue or restore it to the applicant without examination, upon the written recommendation of the Board.

Section 140. Surrender of license. Upon the revocation or suspension of any license, the licensee shall immediately surrender the license to the Department and if the licensee fails to do so, the Department has the right to seize the license.

Section 145. Summary suspension of a license. The Secretary may temporarily suspend the license of an interior designer without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 100 of this Act, if the Secretary finds that evidence in his or her possession indicates that an interior designer's continuation of practice would constitute an imminent danger to the public. In the event that the Secretary temporarily suspends the license of an interior designer without a hearing, a hearing by the Board must be held within 30 days after the suspension has occurred.

Section 150. Review under the Administrative Review Law; venue. All final administrative decisions of the Department under this Act are subject to judicial review under the provisions of the Administrative Review Law, as now or hereafter amended, and the rules adopted thereunder. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

The proceedings for judicial review shall be commenced in the circuit court of the county that the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County.

Section 155. Certifying record to court; costs. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record.

Section 160. Violations.

(a) Each of the following Acts constitutes a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense:

(1) the practice, attempt to practice or offer to practice interior design, or the advertising or putting out of any sign or card or other device that might indicate to the public that the person is entitled to practice interior design, without a license as a licensed interior designer, or registration as a professional design firm issued by the Department; each day of practicing interior design or attempting to practice interior design, and each instance of offering to practice interior design, without a license as a licensed interior designer or registration as a professional design firm constitutes a separate offense;

(2) the making of any wilfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this Act;

(3) the affixing of a licensed interior designer's seal to any technical submission that has not been prepared by that interior designer or under the interior designer's direct supervision and control;

(4) the violation of any provision of this Act or its rules;

(5) using or attempting to use an expired, inactive suspended, or revoked license, or the certificate or seal of another, or impersonating another licensee; or

(6) obtaining or attempting to obtain a license or registration by fraud.

(b) In addition to any other penalty provided by law, the Department may impose a civil penalty of up to $5,000 for each violation upon a person, sole proprietorship, professional service corporation, limited liability company, corporation, partnership, or other entity that does not hold an active license as an interior designer or registration as a professional design firm in this State and is not exempt from the provisions of this Act, and:

(1) practices interior design in this State; or

(2) advertises or displays any sign or card or other device that might indicate to the public that the person or entity is entitled to practice as an interior designer in this State; or

(3) uses the title "interior designer" or any of its derivations with respect to his, her, or its professional activities in this State.

(c) Civil penalties imposed and collected under this Section shall be deposited into the Design Professionals Administration and Investigation Fund.

Section 165. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act, the notice required under Section 10 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 170. Fund; appropriations; investments; audits. Moneys deposited in the Design Professionals Administration and Investigation Fund shall be appropriated to the Department exclusively for expenses of the Department and the Board in the administration of this Act, the Illinois Architecture Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, the Professional Engineering Practice Act of 1989, and the Structural Engineering Licensing Act of 1989. The expenses of the Department under this Act shall be limited to the ordinary and contingent expenses of the Design Professionals Dedicated Employees within the Department as established under Section 62.1 of the Civil Administrative Code of Illinois and other expenses related to the administration and enforcement of this Act.

All fines and penalties under Sections 20 and 75 shall be deposited into the Design Professionals Administration and Investigation Fund.

Moneys in the Design Professional Administration and Investigation Fund may be invested and reinvested. Earnings attributable to those investments shall be deposited into the Fund and used for the same purposes as fees deposited into the Fund.

Upon the completion of any audit of the Department as prescribed by the Illinois State Auditing Act that includes an audit of the Design Professionals Administration and Investigation Fund, the Department shall make the audit open to inspection by any interested person. The copy of the audit report required to be submitted to the Department by this Section is in addition to the copies of audit reports required to be submitted to other State officers and agencies by Section 3-14 of the Illinois State Auditing Act.

Section 175. Home rule. It is declared to be the public policy of this State, under subsection (h) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. The power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. This is a limitation of home rule powers.

Section 500. The Regulatory Sunset Act is amended by adding Section 4.32 as follows:

(5 ILCS 80/4.32 new)

Sec. 4.32. Act repealed on January 1, 2022. The following Act is repealed on January 1, 2022:

The Interior Design Practice Act.

Section 505. The Unified Code of Corrections is amended by changing Section 5-5-5 as follows:

(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)

Sec. 5-5-5. Loss and Restoration of Rights.

(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended.

(b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.

(c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.

(d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.

(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.

(f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.

(g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.

(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought; or

(2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

In making such a determination, the licensing agency shall consider the following factors:

(1) the public policy of this State, as expressed in Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;

(2) the specific duties and responsibilities necessarily related to the license being sought;

(3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;

(4) the time which has elapsed since the occurrence of the criminal offense or offenses;

(5) the age of the person at the time of occurrence of the criminal offense or offenses;

(6) the seriousness of the offense or offenses;

(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and

(8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.

(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:

(1) the Animal Welfare Act; except that a certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 of the Criminal Code of 1961;

(2) the Illinois Athletic Trainers Practice Act;

(3) the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985;

(4) the Boiler and Pressure Vessel Repairer Regulation Act;

(5) the Professional Boxing Act;

(6) the Illinois Certified Shorthand Reporters Act of 1984;

(7) the Illinois Farm Labor Contractor Certification Act;

(8) the Interior Design Practice Act Title Act;

(9) the Illinois Professional Land Surveyor Act of 1989;

(10) the Illinois Landscape Architecture Act of 1989;

(11) the Marriage and Family Therapy Licensing Act;

(12) the Private Employment Agency Act;

(13) the Professional Counselor and Clinical Professional Counselor Licensing Act;

(14) the Real Estate License Act of 2000;

(15) the Illinois Roofing Industry Licensing Act;

(16) the Professional Engineering Practice Act of 1989;

(17) the Water Well and Pump Installation Contractor's License Act;

(18) the Electrologist Licensing Act;

(19) the Auction License Act;

(20) Illinois Architecture Practice Act of 1989;

(21) the Dietetic and Nutrition Services Practice Act;

(22) the Environmental Health Practitioner Licensing Act;

(23) the Funeral Directors and Embalmers Licensing Code;

(24) the Land Sales Registration Act of 1999;

(25) the Professional Geologist Licensing Act;

(26) the Illinois Public Accounting Act; and

(27) the Structural Engineering Practice Act of 1989.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 310/Act rep.)

Section 510. The Interior Design Title Act is repealed.

Section 999. Effective date. This Act takes effect upon becoming law.