Full Text of SB3094 96th General Assembly
SB3094enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Interior Design Title Act is amended by | 5 |
| changing Sections 2, 3, 4, 4.5, 5, 6, 8, 9, 10, 13, 24, 25, 26, | 6 |
| and 31 as follows:
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| (225 ILCS 310/2) (from Ch. 111, par. 8202)
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| (Section scheduled to be repealed on January 1, 2012) | 9 |
| Sec. 2. Public policy. Interior design in the State of | 10 |
| Illinois is hereby
declared to affect the public health, | 11 |
| safety, and welfare and to be subject to
regulation and control | 12 |
| in the public interest. It is further declared to be of
public | 13 |
| interest to recognize and define the separate discipline of | 14 |
| residential
interior design. It is further declared to be a | 15 |
| matter of public interest and
concern that the interior design | 16 |
| and residential interior design professions
merit and receive | 17 |
| the confidence of the public and that only qualified persons
be | 18 |
| permitted to use the title of registered interior designer or | 19 |
| registered residential interior
designer in the State of | 20 |
| Illinois. This Act shall be liberally construed to
carry out | 21 |
| these objectives and purposes.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/3) (from Ch. 111, par. 8203)
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| (Section scheduled to be repealed on January 1, 2012) | 3 |
| Sec. 3. Definitions. As used in this Act:
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| "Department" means the Department of Financial and | 5 |
| Professional
Regulation.
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| "Secretary" means the Secretary of Financial and | 7 |
| Professional
Regulation.
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| "Board" means the Board of Registered Interior Design | 9 |
| Professionals established
under Section 6 of this Act.
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| "Public member" means a person who is not an interior | 11 |
| designer,
educator in the field, architect, structural | 12 |
| engineer, or professional
engineer. For purposes of board | 13 |
| membership, any person with a significant
financial interest in | 14 |
| the design or construction service or profession is
not a | 15 |
| public member.
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| "Registered interior designer" means a person who has | 17 |
| received registration
under Section 8 of this Act.
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| "Registered residential interior designer" means a person | 19 |
| who is registered
under this Act to provide design services for | 20 |
| single family
private dwellings, including single family | 21 |
| private residences or dwellings
within a multiple residence, | 22 |
| excluding the common areas.
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| "Family" means one or more persons who are living together | 24 |
| in a single
dwelling and maintaining a common household.
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| "Multiple residence" means a building containing 2 or more | 26 |
| living units with
independent cooking and bathroom facilities |
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| whether designated as an apartment
house, condominium, co-op, | 2 |
| tenement, or garden apartment, or called by any
other name.
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| "Common area" means an area that is held out for use by all | 4 |
| tenants and
owners in a multiple residence including but not | 5 |
| limited to a lobby, elevator,
hallway, laundry room, swimming | 6 |
| pool, storage room, or recreation area.
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| "The profession of interior design", within the meaning and | 8 |
| intent
of this Act, refers to persons qualified by education, | 9 |
| experience, and
examination, who administer contracts for | 10 |
| fabrication, procurement, or
installation in the | 11 |
| implementation of designs, drawings, and specifications
for | 12 |
| any interior design project and offer or furnish professional | 13 |
| services,
such as consultations, studies, drawings, and | 14 |
| specifications in connection
with the location of lighting | 15 |
| fixtures, lamps and specifications of ceiling
finishes as shown | 16 |
| in reflected ceiling plans, space planning, furnishings,
or the | 17 |
| fabrication of non-loadbearing structural elements within and
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| surrounding interior spaces of buildings but specifically | 19 |
| excluding
mechanical and electrical systems, except for | 20 |
| specifications of fixtures
and their location within interior | 21 |
| spaces.
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| A person represents himself or herself to be a "registered | 23 |
| interior designer" within the
meaning of this Act if he or she | 24 |
| holds himself or herself out to the public by any title
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| incorporating the words "registered interior designer" or any
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| title that includes the words "registered interior design". A |
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| person represents himself or herself to
be a "registered | 2 |
| residential interior designer" within the meaning of this Act | 3 |
| if he or she holds
himself or herself out to the public by any | 4 |
| title incorporating the words "registered residential interior | 5 |
| designer" or any title that includes
the words "registered | 6 |
| residential interior design".
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/4) (from Ch. 111, par. 8204)
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| (Section scheduled to be repealed on January 1, 2012) | 10 |
| Sec. 4. Title; application of Act. | 11 |
| (a) No individual shall, without a valid registration as an
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| interior designer issued by the Department, in any manner hold | 13 |
| himself or herself out
to the public as a registered interior | 14 |
| designer or attach the title "registered interior
designer" or | 15 |
| any other name or designation which would in any way imply
that | 16 |
| he or she is able to use the title "registered interior | 17 |
| designer" as defined in this Act.
No individual shall, without | 18 |
| a valid registration as a registered residential interior
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| designer issued by the Department, in any manner hold himself | 20 |
| or herself out to the
public as a registered residential | 21 |
| interior designer, or use the title "registered residential
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| interior designer" or any name or designation that would in any | 23 |
| way imply that
he or she is able to use the title "registered | 24 |
| residential interior designer" as defined in this
Act.
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| (a-5) Nothing in this Act shall be construed as preventing |
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| or restricting
the services offered or advertised by an | 2 |
| interior designer who is registered
under this Act.
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| (b) Nothing in this Act shall prevent the employment, by a | 4 |
| registered interior
designer or registered residential | 5 |
| interior designer, association, partnership, or a
corporation | 6 |
| furnishing interior design or residential interior design | 7 |
| services
for remuneration, of persons not registered as | 8 |
| interior designers or
residential interior designers to | 9 |
| perform services in various capacities as
needed, provided that | 10 |
| the persons do not represent themselves as, or use the
title | 11 |
| of, "registered interior designer" or "registered residential | 12 |
| interior designer" .
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| (c) Nothing in this Act shall be construed to limit the | 14 |
| activities and
use of the title "interior designer" or | 15 |
| "residential interior designer" on
the part of a person not | 16 |
| registered under this Act who is a graduate of an
interior | 17 |
| design program and a full-time employee of a duly chartered
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| institution of higher education insofar as such person engages | 19 |
| in public
speaking, with or without remuneration, provided that | 20 |
| such person does not
represent himself or herself to be a | 21 |
| registered an interior designer or use the title "registered
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| interior designer" or "registered residential interior | 23 |
| designer" .
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| (d) Nothing contained in this Act shall restrict any person | 25 |
| not
registered under this Act from carrying out any of the | 26 |
| activities
listed in the definition of "the profession of |
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| interior design" in
Section 3 if such person does not represent | 2 |
| himself or herself or
his or her services in any manner | 3 |
| prohibited by this Act.
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| (e) Nothing in this Act shall be construed as preventing or | 5 |
| restricting
the practice, services, or activities of any person | 6 |
| licensed in this State
under any other law from engaging in the | 7 |
| profession or occupation for which
he or she is licensed.
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| (f) Nothing in this Act shall be construed as preventing or | 9 |
| restricting
the practice, services, or activities of engineers | 10 |
| licensed under the
Professional Engineering Practice Act of | 11 |
| 1989 or the Structural
Engineering Practice Act of 1989; | 12 |
| architects licensed
pursuant to the
Illinois Architectural | 13 |
| Practice Act of 1989; any interior decorator or
individual | 14 |
| offering interior decorating services including, but not | 15 |
| limited
to, the selection of surface materials, window | 16 |
| treatments, wall coverings,
furniture, accessories, paint, | 17 |
| floor coverings, and lighting fixtures; or
builders, home | 18 |
| furnishings salespersons, and similar purveyors of goods and
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| services relating to homemaking.
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| (g) Nothing in this Act or any other Act shall prevent a | 21 |
| licensed
architect from practicing interior design services. | 22 |
| Nothing in this
Act shall be construed as requiring the | 23 |
| services of a registered interior designer or
registered | 24 |
| residential interior designer for the interior designing of a | 25 |
| single family
residence.
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| (h) Nothing in this Act shall authorize registered interior |
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| designers or registered residential
interior designers to | 2 |
| perform services, including life safety services that
they are | 3 |
| prohibited from performing, or any practice (i) that is | 4 |
| restricted in
the Illinois Architecture Practice Act of 1989, | 5 |
| the Professional Engineering
Practice Act of 1989, or the | 6 |
| Structural Engineering Practice
Act of 1989, or (ii) that they | 7 |
| are not authorized to perform under the
Environmental Barriers | 8 |
| Act.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/4.5)
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| (Section scheduled to be repealed on January 1, 2012) | 12 |
| Sec. 4.5. Unregistered practice; violation; civil penalty.
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| (a) Any person who holds himself or herself out to be
a | 14 |
| registered interior designer without being registered under | 15 |
| this Act shall, in
addition to any other penalty provided by | 16 |
| law, pay a civil penalty to the
Department in an amount not to | 17 |
| exceed $5,000 for each offense as determined
by the Department. | 18 |
| The civil penalty shall be assessed by the Department
after a | 19 |
| hearing is held in accordance with the provisions set forth in | 20 |
| this
Act regarding the provision of a hearing for the | 21 |
| discipline of a licensee.
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| (b) The Department has the authority and power to | 23 |
| investigate any
illegal use of the title of registered interior | 24 |
| designer or registered residential interior
designer .
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date
of the order imposing the civil penalty. The | 2 |
| order shall constitute a judgment
and may be filed and | 3 |
| execution had thereon in the same manner as any judgment
from | 4 |
| any court of record.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/5) (from Ch. 111, par. 8205)
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| (Section scheduled to be repealed on January 1, 2012) | 8 |
| Sec. 5. Powers and duties of the Department. Subject to the
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| provisions of this Act, the Department shall exercise the | 10 |
| following
functions, powers, and duties:
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| (a) To conduct or authorize examinations to ascertain the | 12 |
| fitness and
qualifications of applicants for registration and | 13 |
| issue certificates of
registration to those who are found to be | 14 |
| fit and qualified.
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| (b) To prescribe rules and regulations for a method of | 16 |
| examination of
candidates. The Department shall designate as | 17 |
| its examination for registered interior
designers the National | 18 |
| Council for Interior Design Qualification examination.
The | 19 |
| Department shall designate as its examination for registered | 20 |
| residential interior
designers the Council for Qualification | 21 |
| of Residential Interior Designers
Examination.
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| (c) To adopt as its own rules relating to education
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| requirements, those guidelines published from time to time by | 24 |
| the
Foundation for Interior Design Education Research or its | 25 |
| equivalent.
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| (d) To conduct hearings on proceedings to revoke, suspend, | 2 |
| or refuse to
issue certificates of registration.
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| (e) To promulgate rules and regulations required for the | 4 |
| administration
of this Act.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/6) (from Ch. 111, par. 8206)
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| (Section scheduled to be repealed on January 1, 2012) | 8 |
| Sec. 6. Board of Registered Interior Design Professionals. | 9 |
| There is created a
Board of Registered Interior Design | 10 |
| Professionals to be composed of persons designated
from time to | 11 |
| time by the Director, as follows:
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| (a) For the first year, 5 persons, 4 of whom have been | 13 |
| interior
designers for a period of 5 years or more who would | 14 |
| qualify upon
application to the Department under this Act to be
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| registered interior designers, and one public member. After the | 16 |
| initial
appointments, each interior design member shall hold a | 17 |
| valid registration as a registered interior designer
design . | 18 |
| After the effective date of this amendatory Act of
1994, 2 | 19 |
| additional persons shall be appointed to the Board who have | 20 |
| been
residential interior designers for a period of 5 years or | 21 |
| more and who would
qualify upon application under this Act to | 22 |
| be registered as a residential
interior designer. After the | 23 |
| initial appointments of the 2 additional members,
each | 24 |
| residential interior designer member shall hold a valid | 25 |
| registration as a registered residential
interior designer. |
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| The Board shall annually elect a chairman.
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| (b) Terms for all members shall be 3 years. For initial
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| appointments, one member shall be appointed to serve for one | 4 |
| year, 2
shall be appointed to serve for 2 years, and the | 5 |
| remaining shall be
appointed to serve for 3 years and until | 6 |
| their successors are appointed
and qualified. Initial terms | 7 |
| shall begin on the effective date of this
Act. For the initial | 8 |
| appointments of the 2 additional members added by this
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| amendatory Act of 1994, one shall be appointed to serve for one | 10 |
| year and the
other to serve for 2 years, and until their | 11 |
| successors are appointed and
qualified. Partial terms over 2 | 12 |
| years in length shall be considered as full
terms. A member may | 13 |
| be reappointed for a successive term, but no member shall
serve | 14 |
| more than 2 full terms.
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| (c) The membership of the Board should reasonably reflect | 16 |
| representation
from the various geographic areas of the State.
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| (d) In making appointments to the Board, the Director shall | 18 |
| give due
consideration to recommendations by national and state | 19 |
| organizations of the
interior design profession and the | 20 |
| residential interior design profession,
and shall promptly | 21 |
| give due notice to such organizations of any vacancy in the
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| membership of the Board. The Director may terminate the | 23 |
| appointment of any
member for any cause, which in the opinion | 24 |
| of the Director, reasonably
justifies such termination.
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| (e) Three members shall constitute a quorum. A quorum is | 26 |
| required for all Board decisions A vacancy in the membership of |
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| the Board shall not impair the right
of a quorum to exercise | 2 |
| all the rights and perform all the duties of the Board .
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| (f) The members of the Board shall each receive as | 4 |
| compensation a
reasonable sum as determined by the Director for | 5 |
| each day actually engaged
in the duties of the office, and all | 6 |
| legitimate and necessary expenses
incurred in attending the | 7 |
| meeting of the Board.
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| (g) Members of the Board shall be immune from suit in any | 9 |
| action based
upon any disciplinary proceedings or other | 10 |
| activities performed in good
faith as members of the Board.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/8) (from Ch. 111, par. 8208)
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| (Section scheduled to be repealed on January 1, 2012) | 14 |
| Sec. 8. Requirements for registration.
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| (a) Each applicant for registration shall apply to the | 16 |
| Department in
writing on a form provided by the Department. | 17 |
| Except as otherwise provided in
this Act, each applicant shall | 18 |
| take and pass the examination approved by the
Department. Prior | 19 |
| to registration, the applicant shall provide substantial
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| evidence to the Board that the applicant:
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| (1) is a graduate of a 5 year interior design program | 22 |
| from an
accredited institution and has completed at least 2 | 23 |
| years of full time
diversified interior design experience;
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| (2) is a graduate of a 4 year interior design program | 25 |
| from an
accredited institution and has completed at least 2 |
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| years of full time
diversified interior design experience;
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| (3) has completed at least 3 years of interior design | 3 |
| curriculum
from an accredited institution and has | 4 |
| completed 3 years of full time
diversified interior design | 5 |
| experience;
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| (4) is a graduate of a 2 year interior design program | 7 |
| from an
accredited institution and has completed 4 years of | 8 |
| full time diversified
interior design experience; or
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| (5) (blank). holds a high school diploma or GED and has | 10 |
| completed 5 years of full
time diversified residential | 11 |
| interior design experience.
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| (b) In addition to providing evidence of meeting the | 13 |
| requirements of
subsection (a):
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| (1) Each applicant for registration as a registered | 15 |
| interior designer shall
provide substantial evidence that | 16 |
| he or she has successfully completed the
examination | 17 |
| administered by the National Council for Interior Design
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| Qualifications.
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| (2) (Blank). Each applicant for registration as a | 20 |
| registered residential interior designer
shall provide | 21 |
| substantial evidence that he or she has successfully | 22 |
| completed
the examination administered by the Council for | 23 |
| Qualification of Residential
Interior Designers.
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| Examinations for applicants under this Act may be held at | 25 |
| the direction of
the Department from time to time but not less | 26 |
| than once each year. The scope
and form of the examination |
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| shall conform to the National Council for Interior
Design | 2 |
| Qualification examination for interior designers and the | 3 |
| Council for
Qualification of Residential Interior Designers | 4 |
| for residential interior
designers .
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| Each applicant for registration who possesses the | 6 |
| necessary
qualifications shall pay to the Department the | 7 |
| required registration fee,
which is not refundable.
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| An individual applying for registration shall have 3 years | 9 |
| from the
date of application to complete the application | 10 |
| process. If the process
has not been completed in 3 years, the | 11 |
| application shall be denied and the
fee forfeited. The | 12 |
| applicant may reapply, but shall meet the requirements
in | 13 |
| effect at the time of reapplication.
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| (c) (Blank).
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| (c-5) (Blank).
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| (d) Upon payment of the required fee, which shall be | 17 |
| determined by rule,
an applicant who is an architect licensed | 18 |
| under the laws of this State may,
without examination, be | 19 |
| granted registration as a registered interior designer or
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| registered residential interior designer by the Department | 21 |
| provided the applicant submits
proof of an active architectural | 22 |
| license in Illinois.
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| (e) (Blank). An interior designer registered under the laws | 24 |
| of this State may,
without examination or re-application, use | 25 |
| the title "Registered Residential Interior
Designer".
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/9) (from Ch. 111, par. 8209)
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| (Section scheduled to be repealed on January 1, 2012) | 3 |
| Sec. 9. Expiration; renewal; restoration.
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| (a) The expiration date and renewal period for each | 5 |
| certificate of
registration issued under this Act shall be set | 6 |
| by rule. A registrant may
renew such registration during the | 7 |
| month preceding its expiration date by
paying the required | 8 |
| renewal fee.
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| (b) Inactive status.
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| (1) Any registrant who notifies the Department in | 11 |
| writing on forms
prescribed by the Department may elect to | 12 |
| place his or her certificate of
registration on an inactive | 13 |
| status and shall, subject to rules of the
Department, be | 14 |
| excused from payment of renewal fees until he or she | 15 |
| notifies the
Department in writing of his or her desire to | 16 |
| resume active status.
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| (2) Any registrant requesting restoration from | 18 |
| inactive status shall be
required to pay the current | 19 |
| renewal fee and shall be required to restore
his or her | 20 |
| registration.
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| (3) Any registrant whose registration is on inactive | 22 |
| status shall
not use the title "registered interior | 23 |
| designer" or "registered residential interior designer"
in | 24 |
| the State of Illinois.
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| (4) Any registrant who uses the title "registered |
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| interior designer" or
"registered residential interior | 2 |
| designer" while his or her
certificate of registration is | 3 |
| lapsed or inactive shall be considered to be
using the | 4 |
| title without a registration which shall be grounds for
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| discipline under Section 13 of this Act.
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| (c) Any registrant whose registration has expired may have | 7 |
| his
or her certificate of registration restored at any time | 8 |
| within 5 years
after its expiration, upon payment of the | 9 |
| required fee.
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| (d) Any person whose registration has been expired for more | 11 |
| than
5 years may have his or her registration restored by | 12 |
| making application to the
Department and filing proof | 13 |
| acceptable to the Department of his or her fitness to
have his | 14 |
| or her registration restored, including sworn evidence | 15 |
| certifying to
active lawful practice in another jurisdiction, | 16 |
| and by paying the required
restoration fee. A person using the | 17 |
| title "registered interior designer" or
"registered | 18 |
| residential interior designer" on an expired
registration is | 19 |
| deemed to be in violation of this Act.
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| (e) If a person whose certificate of registration has | 21 |
| expired has not
maintained active status in another | 22 |
| jurisdiction, the Department shall
determine, by an evaluation | 23 |
| process established by rule, his or her fitness to
resume | 24 |
| active status and may require the person to complete a period | 25 |
| of
evaluated practical experience, and may require successful | 26 |
| completion of
an examination.
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| (f) Any person whose certificate of registration has | 2 |
| expired while he or she
has been engaged (1) in federal or | 3 |
| State service active duty, or (2) in
training or education | 4 |
| under the supervision of the United States
preliminary to | 5 |
| induction into the military service, may have his
or her | 6 |
| registration restored without paying any lapsed renewal or | 7 |
| restoration fee
if, within 2 years after termination of such | 8 |
| service, training or
education, he or she furnishes the | 9 |
| Department with satisfactory proof that he or she has
been so | 10 |
| engaged and that his or her service, training, or education has | 11 |
| been
so terminated.
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| (g) An individual applying for restoration of a | 13 |
| registration shall have 3
years from the date of application to | 14 |
| complete the application process. If
the process has not been | 15 |
| completed in 3 years, the application shall be
denied and the | 16 |
| fee forfeited. The applicant may reapply, but shall meet the
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| requirement in effect at the time of reapplication.
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| (Source: P.A. 95-1023, eff. 6-1-09 .)
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| (225 ILCS 310/10) (from Ch. 111, par. 8210)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 10. Foreign applicants. Upon payment of the required | 22 |
| fee, an
applicant who is an interior designer or residential | 23 |
| interior designer
registered or licensed under the laws
of | 24 |
| another state or territory of the United States or a foreign | 25 |
| country
or province shall, without further examination, be |
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| granted registration as
an interior designer or residential | 2 |
| interior designer , as the case may be,
by the Department:
| 3 |
| (a) whenever the requirements of such state or territory of | 4 |
| the United
States or a foreign country or province were, at the | 5 |
| date of
registration or licensure, substantially equal to
the | 6 |
| requirements then in force in this State; or
| 7 |
| (b) whenever such requirements of another state or | 8 |
| territory of the
United States or a foreign country or province | 9 |
| together with
educational and professional qualifications, as | 10 |
| distinguished from practical
experience, of the applicant | 11 |
| since obtaining a license as an interior designer
or | 12 |
| residential interior designer in such state or territory of the | 13 |
| United
States are substantially equal to the requirements in | 14 |
| force in Illinois at the
time of application for registration.
| 15 |
| (Source: P.A. 87-756; 88-650, eff. 9-16-94.)
| 16 |
| (225 ILCS 310/13) (from Ch. 111, par. 8213)
| 17 |
| (Section scheduled to be repealed on January 1, 2012) | 18 |
| Sec. 13. Refusal, revocation or suspension of | 19 |
| registration. The Department may refuse to issue, renew, or | 20 |
| restore or may revoke, suspend,
place on probation, reprimand | 21 |
| or take other disciplinary action as the
Department may deem | 22 |
| proper, including fines not to exceed $5,000 for
each | 23 |
| violation, with regard to any registration for any one or | 24 |
| combination
of the following causes:
| 25 |
| (a) Fraud in procuring the certificate of |
|
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| registration.
| 2 |
| (b) Habitual intoxication or addiction to the use of | 3 |
| drugs.
| 4 |
| (c) Making any misrepresentations or false promises, | 5 |
| directly or
indirectly, to influence, persuade, or induce | 6 |
| patronage.
| 7 |
| (d) Professional connection or association with, or | 8 |
| lending his or her name, to
another for illegal use of the | 9 |
| title "registered interior designer" or "registered | 10 |
| residential
interior designer" , or professional connection | 11 |
| or association with any person,
firm, or corporation | 12 |
| holding itself out in any manner contrary to this Act.
| 13 |
| (e) Obtaining or seeking to obtain checks, money, or | 14 |
| any other items of
value by false or fraudulent | 15 |
| representations.
| 16 |
| (f) Use of the title under a name other than his or her | 17 |
| own.
| 18 |
| (g) Improper, unprofessional, or dishonorable conduct | 19 |
| of a character
likely to deceive, defraud, or harm the | 20 |
| public.
| 21 |
| (h) Conviction in this or another state, or federal | 22 |
| court, of any crime
which is a felony, if the Department | 23 |
| determines, after investigation, that
such person has not | 24 |
| been sufficiently rehabilitated to warrant the public
| 25 |
| trust.
| 26 |
| (i) A violation of any provision of this Act or its |
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| rules.
| 2 |
| (j) Revocation by another state, the District of | 3 |
| Columbia, territory, or
foreign nation of an interior | 4 |
| design or residential interior design
registration if at | 5 |
| least one of the
grounds for that revocation is the same as | 6 |
| or the equivalent of one of the
grounds for revocation set | 7 |
| forth in this Act.
| 8 |
| (k) Mental incompetence as declared by a court of | 9 |
| competent jurisdiction.
| 10 |
| (l) Being named as a perpetrator in an indicated report | 11 |
| by the
Department of Children and Family Services pursuant | 12 |
| to the Abused and
Neglected Child Reporting Act, and upon | 13 |
| proof by clear and convincing
evidence that the registrant | 14 |
| has caused a child to be an abused child or
neglected child | 15 |
| as defined in the Abused and Neglected Child Reporting Act.
| 16 |
| The Department shall deny a registration or renewal | 17 |
| authorized by
this Act to any person who has defaulted on an | 18 |
| educational loan guaranteed
by the Illinois Student Assistance | 19 |
| Commission; however, the Department may
issue a certificate of | 20 |
| registration or renewal if such person has
established a | 21 |
| satisfactory repayment record as determined by the
Illinois | 22 |
| Student Assistance Commission.
| 23 |
| The Department may refuse to issue or may suspend the | 24 |
| registration
of any person who fails to file a return, or to | 25 |
| pay the tax, penalty, or
interest showing in a filed return, or | 26 |
| to pay any final assessment of tax,
penalty, or interest, as |
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| required by any tax Act administered by the
Illinois Department | 2 |
| of Revenue, until such time as the requirements of any
such tax | 3 |
| Act are satisfied.
| 4 |
| The entry of a decree by any circuit court establishing | 5 |
| that any person
holding a certificate of registration under | 6 |
| this Act is a person subject to
involuntary admission under the | 7 |
| Mental Health and Developmental Disabilities
Code shall | 8 |
| operate as a suspension of that registration. That person may
| 9 |
| resume using the title "registered interior designer" or | 10 |
| "registered residential interior
designer" only upon a finding | 11 |
| by the Board that he or she has been determined to be no
longer | 12 |
| subject to involuntary admission by the court and upon the | 13 |
| Board's
recommendation to the Director that he or she be | 14 |
| permitted to resume using the title
"registered interior | 15 |
| designer" or "registered residential interior designer" .
| 16 |
| (Source: P.A. 95-1023, eff. 6-1-09 .)
| 17 |
| (225 ILCS 310/24) (from Ch. 111, par. 8224)
| 18 |
| (Section scheduled to be repealed on January 1, 2012)
| 19 |
| Sec. 24. Reports of violation. Any person registered under | 20 |
| this Act,
or any other person, may report to the Department any | 21 |
| information that
person may have which appears to show that an | 22 |
| interior designer or
residential interior designer is or may be | 23 |
| in violation of this Act.
| 24 |
| (Source: P.A. 88-650, eff. 9-16-94.)
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| 1 |
| (225 ILCS 310/25) (from Ch. 111, par. 8225)
| 2 |
| (Section scheduled to be repealed on January 1, 2012) | 3 |
| Sec. 25. Injunctions. The use of the title "registered | 4 |
| interior designer" or
"registered residential interior | 5 |
| designer" , as defined in Section 3, by any person not
holding a | 6 |
| valid and current registration under this Act is declared to be
| 7 |
| inimical to the public welfare, to constitute a public | 8 |
| nuisance, and to cause
irreparable harm to the public welfare. | 9 |
| The Director, the Attorney General,
the State's Attorney of any | 10 |
| county in the State, or any person may
maintain an action in | 11 |
| the name of the People of the State of Illinois, and
may apply | 12 |
| for an injunction in the circuit court to enjoin any such | 13 |
| person
from engaging in the unlawful use of the title | 14 |
| "registered interior designer" or
"registered residential | 15 |
| interior designer" . Upon the filing of a verified petition, the
| 16 |
| court or any judge, if satisfied by affidavit or otherwise that | 17 |
| such person has
been engaged in such use without a valid and | 18 |
| current registration, may issue a
temporary injunction without | 19 |
| notice or bond, enjoining the defendant from any
such further | 20 |
| use. Only the showing of the person's lack of registration, by
| 21 |
| affidavit or otherwise, is necessary in order for a temporary | 22 |
| injunction to
issue. A copy of the verified complaint shall be | 23 |
| served upon the defendant
and the proceedings shall be | 24 |
| conducted as in other civil cases except as
modified by this | 25 |
| Section. If it is established that the defendant has been
or is | 26 |
| engaged in any such unlawful use, the court or any judge may |
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| enter an
order or judgment perpetually enjoining the defendant | 2 |
| from further such
use. In all proceedings under this Section, | 3 |
| the court, in its discretion,
may apportion the costs among the | 4 |
| parties interested in the suit, including
cost of filing the | 5 |
| complaint, service of process, witness fees and
expenses, court | 6 |
| reporter charges and reasonable attorney's fees. In case of
| 7 |
| violation of any injunction issued under this Section, the | 8 |
| court or any
judge may summarily try and punish the offender | 9 |
| for contempt of court. Such
injunction proceedings are in | 10 |
| addition to, and not in lieu of, all
penalties and other | 11 |
| remedies provided in this Act.
| 12 |
| (Source: P.A. 95-1023, eff. 6-1-09 .)
| 13 |
| (225 ILCS 310/26) (from Ch. 111, par. 8226)
| 14 |
| (Section scheduled to be repealed on January 1, 2012) | 15 |
| Sec. 26. Unlawful use; second offenses. Any person who uses | 16 |
| the title
"registered interior designer" or "registered | 17 |
| residential interior designer" in this State without
being | 18 |
| registered under this Act, or whose registration has been | 19 |
| suspended,
inactive, or revoked, or who violates any of the | 20 |
| provisions of this Act is
guilty of a Class A misdemeanor. Any | 21 |
| person who has been previously convicted
of violating this Act | 22 |
| and who subsequently violates any of the provisions of
this Act | 23 |
| is guilty of a Class 4 felony. In addition, whenever any person | 24 |
| is
punished as a subsequent offender under this Section, the | 25 |
| Director may proceed
to obtain a permanent injunction against |
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| 1 |
| such person under Section 25 of this
Act.
| 2 |
| (Source: P.A. 95-1023, eff. 6-1-09 .)
| 3 |
| (225 ILCS 310/31) (from Ch. 111, par. 8231)
| 4 |
| (Section scheduled to be repealed on January 1, 2012)
| 5 |
| Sec. 31. Home rule. The regulation and registration of | 6 |
| interior designers
and residential interior designers are | 7 |
| exclusive powers and functions of the
State. A home rule unit | 8 |
| may not regulate or register interior designers or
residential | 9 |
| interior designers . This Section is a limitation and denial of | 10 |
| home
rule powers and functions under subsection (h) of Section | 11 |
| 6 of Article VII of
the Illinois Constitution.
| 12 |
| (Source: P.A. 88-650, eff. 9-16-94.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|