SB1270sam001 99TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/16/2015

09900SB1270sam001 LRB099 07082 AMC 33804 a

AMENDMENT TO SENATE BILL 1270

AMENDMENT NO. ______. Amend Senate Bill 1270 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Licensed Interior Design Practitioner Act.

Section 5. Declaration of public policy. The practice of licensed interior design, as limited by and 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 licensed interior design merit and receive the confidence of the public and that only qualified persons be authorized to practice licensed interior design in the State of Illinois. Nothing in this Act shall be construed as limiting or restricting the use by any individual or entity of the terms "interior designer", "registered interior designer", or "interior decorator". This Act shall be liberally construed to best carry out these subjects and purposes.

Section 10. Licensed interior design practitioner defined; acts constituting practice.

(a) A licensed interior design practitioner is a person who is qualified by education, training, experience, and examination and who is licensed under the laws of this State to engage in the practice of licensed interior design.

(b) The practice of licensed interior design within the meaning and intent of this Act is limited solely to the practice of licensed interior design as defined in Section 5 of this Act.

(c) Nothing contained in this Section imposes upon a person licensed under this Act the responsibility to perform any of the services described in subsection (b) of this Section unless such person specifically contracts to provide the services.

Section 15. 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 Practice Act of 1989, the practice of architecture as defined in the Illinois Architecture Practice Act of 1989, the practice of professional engineering as defined in the Professional Engineering Practice Act of 1989, or the practice of land surveying as defined in the Illinois Professional Land Surveyor Act of 1989.

Nothing contained in this Act prevents (i) the draftsmen, students, project representatives, and employees of those lawfully practicing as licensed interior design practitioners 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 design practitioner 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 an architect licensed under the Illinois Architecture Practice Act of 1989 from practicing or providing licensed interior design services.

Nothing in this Act shall be construed as requiring the services of a licensed interior design practitioner for the interior designing of any single-family residence.

Nothing in this Act shall require the use of a licensed interior design practitioner if the federal, State, and local codes do not require the use of a licensed architect.

This Act does not apply to:

(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 interior design of any single-family residence, whether that single-family residence is a detached residence on a single lot or a single-family residence included in any multi-family unit building; or

(3) any person or entity, including any person or entity providing assistance to any realtor in staging or presenting any property for sale or lease, who prepares drawings limited to depicting the layout of furnishings used in interior design or provides assistance in the selection of furnishings used in interior design, including without limitation the following, provided the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule, or regulation governing the alteration or construction of a structure:

(A) decorative accessories;

(B) wallpaper, wall coverings, and paint;

(C) tile, carpeting, or floor coverings;

(D) draperies, blinds, or window coverings;

(E) lighting fixtures that are not part of the structure;

(F) plumbing fixtures that are not part of the structure; or

(G) furniture, fixtures, or equipment, including cabinetry. However, when an ordinance or statute of a unit of federal, State, or local government requires the involvement of a licensed interior design practitioner for the interior design of any building included in items (1) through (3) of this paragraph, the requirements of this Act shall apply.

Section 20. Definitions. In this Act:

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by directly contacting the Department.

"Board" means the Licensed Interior Design Practice Board.

"Interior life safety", as it pertains to the practice of licensed interior design, 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 as they specifically relate to the practice of licensed interior design.

"Licensed design professional" means a person who holds an active license as a licensed interior design practitioner under this Act, 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.

"Load-bearing structural element" means a foundation, column, girder, truss, wall, arch, or beam in which safe design and construction require that loads and stresses must be computed and the size and strength of parts must be determined by mathematical calculations based upon scientific principles and engineering data.

"Practice of licensed 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 interior construction and interior life safety not involving load-bearing structural elements of a building by a licensed interior design practitioner. "Practice of licensed interior design" includes:

(1) space planning, finishes, furnishings, and the design for fabrication of interior construction not involving load-bearing structural elements within interior spaces of buildings;

(2) responsibility for 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 exit ways, but specifically excluding load-bearing structural elements; and

(3) modification of existing building construction not involving load-bearing structural elements so as to alter the number of persons for which the egress systems for the building are designed.

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

Section 25. Technical submissions. All technical submissions intended for use in construction in the State of Illinois within the scope of the practice of licensed interior design shall be prepared and administered in accordance with standards of reasonable professional skill and diligence. Care shall be taken to reflect the requirements of applicable federal and State statutes and county and municipal building ordinances in such submissions. In recognition that licensed interior design practitioners 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. Technical submissions are the designs, drawings, and specifications that establish the scope of the licensed interior design project to be constructed, the standard of quality for materials, workmanship, equipment, and construction systems, and the studies and other technical reports and calculations prepared in the course of the practice of licensed interior design. Such submissions may be combined with submissions prepared under the responsible control, seal, and signature of other licensed design professionals.

No officer, board, commission, or other public entity who receives technical submissions relating to services requiring the involvement of a licensed interior design practitioner may accept any such submission that does not bear the seal and signature of a licensed interior design practitioner licensed under this Act.

It is unlawful to affix one's seal to technical submissions if it masks the true identity of the person who actually exercised responsible control of the preparation of such work. A licensed interior design practitioner who seals and signs technical submissions is not responsible for damage caused by subsequent changes to or uses of those technical submissions where the subsequent changes or uses, including changes or uses made by federal, State, or local governmental agencies, are not authorized or approved in writing by the licensed interior design practitioner who originally sealed and signed the technical submissions.

Section 30. 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 design practitioners and pass upon the qualifications and fitness of applicants for licensure by endorsement;

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

(3) to adopt 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, national origin, or sexual orientation; the Department may adopt, as its own rules relating to education requirements, those guidelines that may be published from time to time by the Council for Interior Design Accreditation (CIDA) or its successor entity;

(4) to adopt 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 105 of this Act;

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

(7) to adopt rules necessary or appropriate to carry out the provisions of this Act; and

(8) to review applicant qualifications to sit for the examination or for licensure that the Board designates pursuant to Section 55.

Section 35. Creation of the Board. The Secretary shall appoint a Licensed Interior Design Practice 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 licensed interior design practitioners, residing in this State, who have been engaged in the practice of licensed interior design for at least 5 years. In addition to the 4 licensed interior design practitioners, there shall be one public member. The public member shall be a voting member.

For the purposes of this Section, "public member" means a person who is not a licensed interior design practitioner, educator in the field, architect, structural engineer, professional engineer, or land surveyor. For the purposes of Board membership, any person with a significant financial interest in a design profession may not be a public member.

Board members shall serve for terms of 3 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 than 6 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.

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 and shall be for the unexpired portion of the vacated term.

Three members shall constitute a quorum 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 in the response. 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 40. 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 design practitioner.

(c) The Board, upon request by the Department, may make a curriculum evaluation to determine if courses conform to the requirements of approved 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 advice 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 45. Application for original license.

(a) Each applicant for license 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 Qualification or its successor entity. 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 one year 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; or

(3) is a holder of a master's degree or its equivalent awarded upon completion of an interior design program from an accredited institution and has completed one year 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 the examination administered by the governing entity known as the Council for Interior Design Qualification or its successor entity. 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 Qualification examination or the examination administered as that examination's successor, as recognized and 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 after 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 may, without examination, be granted a license to provide services as a licensed interior design practitioner 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.

(d) All currently active registered interior designers who are registered under the Interior Design Title Act and who have met the qualifications for licensure set forth in this Act may be granted a license to provide services as a licensed interior design practitioner, as described in this Act and as determined by the Department.

Section 50. 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 55. 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 Section 45 and the 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 Council for Interior Design Qualification or its successor entity.

As used in this Section, "good moral character" means such character as will enable a person to discharge the fiduciary duties of a licensed interior design practitioner 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 105 of this Act. 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 60. Display of license seal. Every holder of a license as a licensed interior design practitioner shall display it in a conspicuous place in the principal office of the licensed interior design practitioner.

Every licensed interior design practitioner shall have a reproducible seal, or facsimile, the print of which shall contain the name of the licensed interior design practitioner, the license number, and the words "Licensed Interior Design Practitioner, State of Illinois". The licensed interior design practitioner shall affix the signature, current date, date of license expiration, and seal to the first sheet of any bound set or loose sheets of 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 design practitioner or under that licensed interior design practitioner's direct supervision and control. The sheet of technical submissions to which the seal is affixed shall indicate those documents or parts thereof to which the seal applies. A licensed interior design practitioner shall be deemed to be a registered or licensed design professional as that term is used or defined in any building code or regulation adopted by any governmental or public authority.

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

Section 65. Issuance of license. If an applicant has complied with the provisions of this Act, the Department shall issue a license to that applicant.

Section 70. Licenses; renewal; restoration; reciprocity; 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 of the license by paying the required fee. A licensed interior design practitioner who has permitted his or her license to expire or who has had his or her license placed 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, or 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 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 75. Inactive status; restoration. Any licensed interior design practitioner 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 design practitioner 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 150 of this Act.

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

Section 80. Endorsement. The Department may, in its discretion and upon payment of the required fee, issue a license as a licensed interior design practitioner, without examination, to an applicant who is a licensed design practitioner or licensed under the laws of another state or territory, if the requirements for licensure or license in that state or territory were, on the date of his or her license, substantially equivalent to the requirements in force in this State on that date as determined by the Board.

Applicants have 3 years after 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 85. Fees.

(a) The Department shall provide by rule for a schedule of fees to be paid for licenses by all applicants. All fees are not refundable.

(b) The fees for the administration and enforcement of this Act, including, but not limited to, original licensure, renewal, and restoration, shall be set by rule of the Department.

(c) All the fees and fines collected pursuant to this Section shall be deposited in the Design Professionals Administration and Investigation Fund. Of the moneys deposited into the Design Professionals Administration and Investigation Fund, the Department may use such funds as necessary and available to produce and distribute newsletters to persons licensed under this Act.

Section 90. Roster of licensees. A roster showing the names and addresses of all licensed interior design practitioners, licensed interior design practitioner corporations and partnerships, and professional licensed design firms licensed 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 95. Continuing education. The Department shall adopt rules establishing continuing education requirements for persons licensed under this Act. The Department shall consider the recommendations of the Board in establishing the guidelines for the continuing education requirements. The requirements of this Section apply to any person seeking license renewal or restoration under Section 70 or 75 of this Act.

Section 100. Professional licensed design firm license; conditions.

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

(b) Any business that includes the practice of licensed interior design within its stated purposes, practices, offers to practice, or holds itself out as available to practice licensed interior design shall be licensed by the Department under this Section. Any professional service corporation, sole proprietorship, or professional licensed design firm offering licensed interior design services must have a resident licensed interior design practitioner or other Illinois licensed design professional overseeing the practice of licensed interior design in each location in which interior design services are provided.

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

(c) Any corporation, including a professional service corporation, partnership, limited liability company, or professional licensed design firm seeking to be licensed under this Section shall not be licensed 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 registered, certified, or licensed under the laws of any state to practice licensed interior design, architecture, professional engineering, structural engineering, or land surveying; and

(2) the person having the licensed 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, or partners that the Department may, by rule, require.

(d) A business seeking to be licensed 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 license number of at least one person designated as the managing agent in responsible charge of the practice of the profession of licensed 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 licensed interior design practitioners, professional engineers, architects, structural engineers, and land surveyors 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 licensed design firm provides licensed interior design 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 licensed 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 licensed design firm or is terminated, then the managing agent and the professional licensed design firm shall each notify the Department of this fact in writing, by certified mail, within 30 business days after the termination.

If it has so notified the Department, the professional licensed design firm has 60 days after the termination date in which to notify the Department of the name and license number of the licensed interior design practitioner 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 licensed design firm has not so notified the Department within the specified time, the license 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 licensed design firm continues to operate and offer licensed interior design services after the termination, the Department may seek prosecution under this Act for the unlicensed practice of licensed interior design.

(f) No professional licensed 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 engaged in the practice of licensed interior design be relieved of the responsibility for professional services performed by reason of the individual's employment or relationship with a professional licensed design firm licensed under this Section.

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

Section 105. 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 may place on probation, reprimand, or fine, with a civil penalty not to exceed $10,000 for each violation, any person, corporation, partnership, or professional licensed design firm licensed 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 licensed interior design;

(3) failure to comply with any of the provisions of this Act or any of its 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 licensed 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 design practitioner's seal or permitting the licensed interior design practitioner's seal to be affixed to any technical submissions not prepared by the licensed interior design practitioner or under that licensed interior design practitioner'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 design practitioner or prepared under the licensed interior design practitioner'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 licensee 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 in this Act;

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

(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 shall 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, 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 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 110. 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 a licensed interior design practitioner or holds himself or herself out as a licensed interior design practitioner or professional licensed design firm without being licensed under the provisions of this Act or being exempt pursuant to the provisions of this Act, then any licensed interior design practitioner, 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 after 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 115. 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. 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 disciplining a licensee, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license 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 to file a written answer to the Board under oath within 20 days after the service of the notice and inform the applicant, entity, or licensee that failure to file an answer will result in default being taken against the applicant, entity, or licensee and that the license may be suspended, revoked, or placed 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 his or her address of record. If the person or entity fails to file an answer after receiving notice, his or her license 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 120. 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 2105-115 of the Department of Professional Regulation Law.

Section 125. Subpoenas of witnesses; oaths. The Department has the 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 have the 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 130. 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 135. 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 140. Hearing officer. Notwithstanding the provisions of Section 115 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 135. 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 145. Order; 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 that:

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

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

(3) the Board and the members thereof are qualified to act. This prima facie proof may be rebutted.

Section 150. 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 155. 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 160. Summary suspension of a license. The Secretary may temporarily suspend the license of a licensed interior design practitioner without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 115 of this Act, if the Secretary finds that evidence that indicates a licensed interior design practitioner's continuation of practice would constitute an imminent danger to the public.

If the Secretary temporarily suspends the license of a licensed interior design practitioner without a hearing, a hearing by the Board must be held within 30 days after the suspension has occurred.

Section 165. 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. 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 170. 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 175. 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 of, attempt to practice, or offer to practice licensed 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 engage in the practice of licensed interior design, without a license as a licensed interior design practitioner or license as a professional licensed design firm issued by the Department; each day engaged in the practice of licensed interior design or attempting to engage in the practice of licensed interior design, and each instance of offering to engage in the practice of licensed interior design, without a license as a licensed interior design practitioner or license as a professional licensed design firm constitutes a separate offense;

(2) the making of any willfully 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 design practitioner's seal to any technical submission that has not been prepared by that licensed interior design practitioner or under the licensed interior design practitioner'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 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 a licensed interior design practitioner or license as a professional licensed design firm in this State and is not exempt from the provisions of this Act and:

(1) practices licensed interior design in this State;

(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 a licensed interior design practitioner in this State; or

(3) uses the title "Licensed Interior Design Practitioner" 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 180. Illinois 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 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 185. 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 Practice 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 2105-75 of the Department of Professional Regulation Law 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 30 and 85 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 190. 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 900. The Regulatory Sunset Act is amended by amending Section 4.32 and adding Section 4.36 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 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.)

(5 ILCS 80/4.36 new)

Sec. 4.36. Act repealed on January 1, 2026. The following Act is repealed on January 1, 2026:

The Licensed Interior Design Practitioner Act.

(225 ILCS 310/Act rep.)

Section 905. The Interior Design Title Act is repealed.

Section 910. 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 Licensed Interior Design Practitioner Act the Interior Design 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 999. Effective date. This Act takes effect upon becoming law.".