SB0463sam001 99TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/19/2016

09900SB0463sam001 LRB099 03199 SMS 47790 a

AMENDMENT TO SENATE BILL 463

AMENDMENT NO. ______. Amend Senate Bill 463 by replacing everything after the enacting clause with the following:

"Section 5. The Regulatory Sunset Act is amended by changing Section 4.32 as follows:

(5 ILCS 80/4.32)

Sec. 4.32. Acts repealed on January 1, 2022. The following Acts are repealed on January 1, 2022:

The Boxing and Full-contact Martial Arts Act.

The Collateral Recovery Act.

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Interior Design Profession Title Act.

The Massage Licensing Act.

The Petroleum Equipment Contractors Licensing Act.

The Real Estate Appraiser Licensing Act of 2002.

The Water Well and Pump Installation Contractor's License Act.

(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)

Section 10. The Interior Design Title Act is amended by changing Sections 1, 3, and 5 and by adding Sections 4.10, 4.15, and 4.20 as follows:

(225 ILCS 310/1) (from Ch. 111, par. 8201)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Short title. This Act may be cited as the Interior Design Profession Title Act.

(Source: P.A. 92-104, eff. 7-20-01.)

(225 ILCS 310/3) (from Ch. 111, par. 8203)

(Section scheduled to be repealed on January 1, 2022)

Sec. 3. Definitions. As used in this Act:

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

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

"Board" means the Board of Registered Interior Design Professionals established under Section 6 of this Act.

"Licensed design professional" means a person who holds an active license as an architect under the Illinois Architecture Practice Act of 1989, as a structural engineer under the Structural Engineering Practice Act of 1989, as a professional engineer under the Professional Engineering Practice Act of 1989, or as a land surveyor under the Illinois Professional Land Surveyor Act of 1989.

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

"Registered interior designer" means a person who has received registration under Section 8 of this Act.

"The profession of interior design", within the meaning and intent of this Act, refers to persons qualified by education, experience, and examination, who administer contracts for fabrication, procurement, or installation in the implementation of designs, drawings, and specifications for any interior design project and offer or furnish professional services, such as consultations, studies, drawings, and specifications in connection with the location of lighting fixtures, lamps and specifications of ceiling finishes as shown in reflected ceiling plans, space planning, furnishings, or the fabrication of non-loadbearing structural elements within and surrounding interior spaces of buildings but specifically excluding mechanical and electrical systems, except for specifications of fixtures and their location within interior spaces.

A person represents himself or herself to be a "registered interior designer" within the meaning of this Act if he or she holds himself or herself out to the public by any title incorporating the words "registered interior designer" or any title that includes the words "registered interior design".

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

(225 ILCS 310/4.10 new)

Sec. 4.10. Design firms.

(a) Corporations, partnerships, limited liability companies, professional limited liability companies, and professional design firms may, for the purpose of formation or establishment, governance, or management, have one or more interior designers who are not licensed design professionals and who possess the duties, responsibilities, restrictions, liabilities, legal authority, and the powers, and privileges of the following:

(1) a director on the board in the case of a corporation, a general partner in the case of a partnership, or a member in the case of a professional limited liability company or limited liability company;

(2) a managing agent;

(3) an owner, including majority owner; or

(4) an officer, which may include an individual serving as more than one officer at the same time and therefore assuming all the duties, responsibilities, liabilities, legal authority, powers, and privileges of each respective officer's position.

(b) The following information in paragraphs (1) and (2) of this subsection (b) shall be available upon written request and payment of a required fee as determined by the Department.

(1) Corporations, partnerships, limited liability companies, professional limited liability companies, and professional design firms that hire full or part-time, including on a contractual basis, at least one interior designer who is not a licensed design professional, shall submit to the Department the following information no later than December 31, 2016 and thereafter as a part of their design firm registration renewal required by the Department:

(A) The names of individuals, separating employees of the business from contract employees, in the last 12 months to engage in the profession of interior design as defined by this Act who are:

(i) registered interior designers;

(ii) non-registered interior designers;

(iii) licensed in any state to practice architecture as defined by the Illinois Architecture Practice Act of 1989; or

(iv) interior designers serving in one or more of the positions listed in paragraphs (1) through (4) of subsection (a) of this Section.

(B) A list of all office locations in the State at which the business entity engages in the profession of interior design.

(2) Sole proprietorships that are exempt from design firm registration requirements with the State shall submit all applicable information listed in subparagraph (A) of paragraph (1) of this subsection (b), including if any owner is an interior designer or engages in the profession of interior design.

(225 ILCS 310/4.15 new)

Sec. 4.15. Prohibitions. Unless an interior designer has violated this Act or the laws of this State or the United States, no person, business entity, county, local municipality, or the State, including all boards, agencies, and commissions established by the aforementioned as well as any individuals appointed, employed, or acting on their behalf, shall take action to limit an interior designer from:

(1) formulating or establishing a business entity, including a corporation, partnership, sole proprietorship, or professional design firm;

(2) hiring one or more full or part-time employees or contracting with individuals qualifying as licensed design professionals to practice:

(A) structural engineering as defined in the Structural Engineering Practice Act of 1989;

(B) architecture as defined in the Illinois Architecture Practice Act of 1989;

(C) professional engineering as defined in the Professional Engineering Practice Act of 1989;

(D) land surveying as defined in the Illinois Professional Land Surveyor Act of 1989; or

(E) other services requiring licensure by the State for an individual to practice;

(3) serving in one or more of the positions listed in paragraphs (1) through (4) of subsection (a) of Section 4.10 and possessing all the respective duties, responsibilities, legal authority, powers, and privileges; and

(4) owning shares in a business entity.

(225 ILCS 310/4.20 new)

Sec. 4.20. Application of other Acts.

(a) The Professional Service Corporation Act, the Limited Liability Company Act, the Professional Limited Liability Company Act, and the Business Corporation Act of 1983 shall be applicable to corporations, partnerships, limited liability companies, professional limited liability companies, sole proprietorships, and professional design firms formulated or established under this Act, except as provided in Sections 4.10 and 4.15 of this Act.

(b) This Act shall take precedence in the event of any conflict with the provisions of the Professional Service Corporation Act, the Limited Liability Company Act, the Professional Limited Liability Company Act, and the Business Corporation Act of 1983 or other laws, including the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, and the Structural Engineering Practice Act of 1989 requiring participation of one or more licensed design professionals to formulate or establish, own, govern, manage, or direct a corporation, partnership, limited liability company, professional limited liability company, sole proprietorship, or professional design firm.

(225 ILCS 310/5) (from Ch. 111, par. 8205)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers, and duties:

(a) To conduct or authorize examinations to ascertain the fitness and qualifications of applicants for registration and issue certificates of registration to those who are found to be fit and qualified.

(b) To prescribe rules and regulations for a method of examination of candidates. The Department shall designate as its examination for registered interior designers the National Council for Interior Design Qualification examination.

(c) To adopt as its own rules relating to education requirements, those guidelines published from time to time by the Council for Interior Design Accreditation Foundation for Interior Design Education Research or its successor entity equivalent.

(d) To conduct hearings on proceedings to revoke, suspend, or refuse to issue certificates of registration.

(e) To promulgate rules and regulations required for the administration of this Act.

(f) To investigate unfair treatment of interior designers, both registered and non-registered, by any individual or business entity. Any individual reporting unfair treatment to the Department shall have every right to claim anonymity from the time of submitting a complaint through any investigation and disciplinary processes.

(g) To maintain membership in the Council of Interior Design Qualifications (CIDQ) and participate in activities of the CIDQ Council of Delegates by designating at least one employee of the Department to attend national and regional meetings of the Council. All costs associated with membership and attendance of the delegate to any national or regional meetings may be funded from the Design Professionals Administration and Investigation Fund.

(h) The Department may take disciplinary action as it deems proper, including, but not limited to, the imposition of fines not to exceed $10,000 for a violation of this Act.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

Section 15. 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 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(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 Boxing and Full-contact Martial Arts Act;

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

(7) the Illinois Farm Labor Contractor Certification Act;

(8) the Interior Design Profession 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 and Practice 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) the Illinois Architecture Practice Act of 1989;

(21) the Dietitian Nutritionist 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. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. 1-25-13; 98-756, eff. 7-16-14.)

Section 99. Effective date. This Act takes effect upon becoming law.".