SB0463sam002 99TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/27/2016

09900SB0463sam002 LRB099 03199 SMS 48409 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 Interior Design Title Act is amended by changing Sections 3, and 5 and by adding Sections 4.10, 4.15, and 4.20 as follows:

(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(Section scheduled to be repealed on January 1, 2022)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. Corporations, partnerships, limited liability companies, professional limited liability companies, and professional design firms offering, or planning to offer, one or more services as listed in subparagraphs (A) through (D) of paragraph (2) of Section 4.15 may, for the purpose of formation or establishment, governance, or management, have one or more registered or unregistered interior designers who are not licensed design professionals 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.

(225 ILCS 310/4.15 new)

Sec. 4.15. Prohibitions. Unless an interior designer, whether registered or not under Section 8 of this Act, 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 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) The Department is encouraged to:

(1) maintain membership in the Council of Interior Design Qualifications (CIDQ) and participate in activities of the CIDQ Council of Delegates; and

(2) designate at least one employee of the Department to attend national and regional meetings of the Council. All costs associated with Department membership and attendance of the delegate to any national or regional CIDQ meetings may be funded from the General Professions Dedicated Fund.

(g) 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 99. Effective date. This Act takes effect upon becoming law.".