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Full Text of HB1738  102nd General Assembly

HB1738 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1738

 

Introduced 2/17/2021, by Rep. Nicholas K. Smith and Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Registered Interior Designers Act. Provides that all applicants and registrants under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record. Provides that nothing in the Act shall authorize registered interior designers to advertise services that they are prohibited to perform, including architecture or engineering services. Makes changes in provisions concerning the Board of Registered Interior Design Professionals; board recommendations; investigations and notice of hearings; restoration of registrations; the Illinois Administrative Procedure Act; confidentiality of information; and the General Professions Dedicated Fund. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Registered Interior Designers Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.


LRB102 00350 SPS 10352 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1738LRB102 00350 SPS 10352 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 and by adding Section 4.41 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    (5 ILCS 80/4.41 new)
7    Sec. 4.41. Act repealed on January 1, 2032. The following
8Act is repealed on January 1, 2032:
9    The Registered Interior Designers Act.
 
10    Section 10. The Registered Interior Designers Act is
11amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
1229, 30 and by adding Section 3.1 as follows:
 
13    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 3. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's application file or the
18registrant's registration file as maintained by the
19Department's licensure maintenance unit.
20    "Board" means the Board of Registered Interior Design
21Professionals established under Section 6 of this Act.
22    "Department" means the Department of Financial and
23Professional Regulation.

 

 

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1    "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the registrant's registration file as
4maintained by the Department's licensure maintenance unit.
5    "The profession of interior design", within the meaning
6and intent of this Act, refers to persons qualified by
7education, experience, and examination, who administer
8contracts for fabrication, procurement, or installation in the
9implementation of designs, drawings, and specifications for
10any interior design project and offer or furnish professional
11services, such as consultations, studies, drawings, and
12specifications in connection with the location of lighting
13fixtures, lamps and specifications of ceiling finishes as
14shown in reflected ceiling plans, space planning, furnishings,
15or the fabrication of non-loadbearing structural elements
16within and surrounding interior spaces of buildings but
17specifically excluding mechanical and electrical systems,
18except for specifications of fixtures and their location
19within interior spaces.
20    "Public member" means a person who is not an interior
21designer, educator in the field, architect, structural
22engineer, or professional engineer. For purposes of board
23membership, any person with a significant financial interest
24in the design or construction service or profession is not a
25public member.
26    "Registered interior designer" means a person who has

 

 

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1received registration under Section 8 of this Act. A person
2represents himself or herself to be a "registered interior
3designer" within the meaning of this Act if he or she holds
4himself or herself out to the public by any title
5incorporating the words "registered interior designer" or any
6title that includes the words "registered interior design".
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
9(Source: P.A. 100-920, eff. 8-17-18.)
 
10    (225 ILCS 310/3.1 new)
11    Sec. 3.1. Address of record; email address of record. All
12applicants and registrants shall:
13        (1) provide a valid address and email address to the
14    Department, which shall serve as the address of record and
15    email address of record, respectively, at the time of
16    application for registration or renewal of a registration;
17    and
18        (2) inform the Department of any change of address of
19    record or email address of record within 14 days after
20    such change either through the Department's website or by
21    contacting the Department's licensure maintenance unit.
 
22    (225 ILCS 310/4)  (from Ch. 111, par. 8204)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 4. Title; application of Act.

 

 

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1    (a) No individual shall, without a valid registration as
2an interior designer issued by the Department, in any manner
3hold himself or herself out to the public as a registered
4interior designer or attach the title "registered interior
5designer" or any other name or designation which would in any
6way imply that he or she is able to use the title "registered
7interior designer" as defined in this Act.
8    (a-5) Nothing in this Act shall be construed as preventing
9or restricting the services offered or advertised by an
10interior designer who is registered under this Act.
11    (b) Nothing in this Act shall prevent the employment, by a
12registered interior designer association, partnership, or a
13corporation furnishing interior design services for
14remuneration, of persons not registered as interior designers
15to perform services in various capacities as needed, provided
16that the persons do not represent themselves as, or use the
17title of, "registered interior designer".
18    (c) Nothing in this Act shall be construed to limit the
19activities and use of the title "interior designer" on the
20part of a person not registered under this Act who is a
21graduate of an interior design program and a full-time
22employee of a duly chartered institution of higher education
23insofar as such person engages in public speaking, with or
24without remuneration, provided that such person does not
25represent himself or herself to be a registered interior
26designer or use the title "registered interior designer".

 

 

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1    (d) Nothing contained in this Act shall restrict any
2person not registered under this Act from carrying out any of
3the activities listed in the definition of "the profession of
4interior design" in Section 3 if such person does not
5represent himself or herself or his or her services in any
6manner prohibited by this Act.
7    (e) Nothing in this Act shall be construed as preventing
8or restricting the practice, services, or activities of any
9person licensed in this State under any other law from
10engaging in the profession or occupation for which he or she is
11licensed.
12    (f) Nothing in this Act shall be construed as preventing
13or restricting the practice, services, or activities of
14engineers licensed under the Professional Engineering Practice
15Act of 1989 or the Structural Engineering Practice Act of
161989; architects licensed pursuant to the Illinois
17Architectural Practice Act of 1989; any interior decorator or
18individual offering interior decorating services including,
19but not limited to, the selection of surface materials, window
20treatments, wall coverings, furniture, accessories, paint,
21floor coverings, and lighting fixtures; or builders, home
22furnishings salespersons, and similar purveyors of goods and
23services relating to homemaking.
24    (g) Nothing in this Act or any other Act shall prevent a
25licensed architect from practicing interior design services.
26Nothing in this Act shall be construed as requiring the

 

 

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1services of a registered interior designer for the interior
2designing of a single family residence.
3    (h) Nothing in this Act shall authorize registered
4interior designers to perform services, including life safety
5services that they are prohibited from performing, or any
6practice (i) that is restricted in the Illinois Architecture
7Practice Act of 1989, the Professional Engineering Practice
8Act of 1989, or the Structural Engineering Practice Act of
91989, or (ii) that they are not authorized to perform under the
10Environmental Barriers Act.
11    (i) Nothing in this Act shall authorize registered
12interior designers to advertise services that they are
13prohibited to perform, including architecture or engineering
14services, nor to use the title "architect" in any form.
15(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
16    (225 ILCS 310/4.5)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 4.5. Unregistered practice; violation; civil penalty.
19    (a) Any person who holds himself or herself out to be a
20registered interior designer without being registered under
21this Act shall, in addition to any other penalty provided by
22law, pay a civil penalty to the Department in an amount not to
23exceed $5,000 for each offense as determined by the
24Department. The civil penalty shall be assessed by the
25Department after a hearing is held in accordance with the

 

 

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1provisions set forth in this Act regarding the provision of a
2hearing for the discipline of a registrant licensee.
3    (b) The Department has the authority and power to
4investigate any illegal use of the title of registered
5interior designer.
6    (c) The civil penalty shall be paid within 60 days after
7the effective date of the order imposing the civil penalty.
8The order shall constitute a judgment and may be filed and
9execution had thereon in the same manner as any judgment from
10any court of record.
11(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
12    (225 ILCS 310/6)  (from Ch. 111, par. 8206)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 6. Board of Registered Interior Design Professionals.
15The Secretary shall appoint a Board of Registered Interior
16Design Professionals consisting of 5 members who shall serve
17in an advisory capacity to the Secretary. All members of the
18Board shall be residents of Illinois. Four members shall (i)
19hold a valid registration as an interior designer in Illinois
20and have held the registration under this Act for the
21preceding 10 years; and (ii) not have been disciplined within
22the preceding 10 years under this Act. In addition to the 4
23registered interior designer members, there shall be one
24public member. The public member shall be a voting member and
25shall not be licensed or registered under this Act or any other

 

 

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1design profession licensing Act that the Department
2administers.
3    Board members shall serve 5-year terms and until their
4successors are appointed and qualified. In appointing members
5to the Board, the Secretary shall give due consideration to
6recommendations by members and organizations of the interior
7design profession.
8    The membership of the Board should reasonably reflect
9representation from the geographic areas in this State.
10    No member shall be reappointed to the Board for a term that
11would cause his or her continuous service on the Board to be
12longer than 2 consecutive 5-year terms.
13    Appointments to fill vacancies shall be made in the same
14manner as original appointments for the unexpired portion of
15the vacated term.
16    Three members of the Board shall constitute a quorum. A
17quorum is required for Board decisions.
18    The Secretary may remove any member of the Board for
19misconduct, incompetence, or neglect of duty or for reasons
20prescribed by law for removal of State officials.
21    The Secretary may remove a member of the Board who does not
22attend 2 consecutive meetings.
23    Notice of proposed rulemaking may be transmitted to the
24Board and the Department may review the response of the Board
25and any recommendations made therein. The Department may, at
26any time, seek the expert advice and knowledge of the Board on

 

 

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1any matter relating to the administration or enforcement of
2this Act.
3    Members of the Board are not liable for damages in any
4action or proceeding as a result of activities performed as
5members of the Board, except upon proof of actual malice.
6    Members of the Board shall be reimbursed for all
7legitimate, necessary, and authorized expenses.
8    There is created a Board of Registered Interior Design
9Professionals to be composed of persons designated from time
10to time by the Director, as follows:
11        (a) For the first year, 5 persons, 4 of whom have been
12    interior designers for a period of 5 years or more who
13    would qualify upon application to the Department under
14    this Act to be registered interior designers, and one
15    public member. After the initial appointments, each
16    interior design member shall hold a valid registration as
17    a registered interior designer. The Board shall annually
18    elect a chairman.
19        (b) Terms for all members shall be 3 years. For
20    initial appointments, one member shall be appointed to
21    serve for one year, 2 shall be appointed to serve for 2
22    years, and the remaining shall be appointed to serve for 3
23    years and until their successors are appointed and
24    qualified. Initial terms shall begin on the effective date
25    of this Act. Partial terms over 2 years in length shall be
26    considered as full terms. A member may be reappointed for

 

 

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1    a successive term, but no member shall serve more than 2
2    full terms.
3        (c) The membership of the Board should reasonably
4    reflect representation from the various geographic areas
5    of the State.
6        (d) In making appointments to the Board, the Director
7    shall give due consideration to recommendations by
8    national and state organizations of the interior design
9    profession and shall promptly give due notice to such
10    organizations of any vacancy in the membership of the
11    Board. The Director may terminate the appointment of any
12    member for any cause, which in the opinion of the
13    Director, reasonably justifies such termination.
14        (e) Three members shall constitute a quorum. A quorum
15    is required for all Board decisions.
16        (f) The members of the Board shall each receive as
17    compensation a reasonable sum as determined by the
18    Director for each day actually engaged in the duties of
19    the office, and all legitimate and necessary expenses
20    incurred in attending the meeting of the Board.
21        (g) Members of the Board shall be immune from suit in
22    any action based upon any disciplinary proceedings or
23    other activities performed in good faith as members of the
24    Board.
25(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 

 

 

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1    (225 ILCS 310/7)  (from Ch. 111, par. 8207)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 7. Board recommendations. The Secretary Director
4shall consider the recommendations of the Board in
5establishing guidelines for professional conduct, for the
6conduct of formal disciplinary proceedings brought under this
7Act, and for establishing guidelines for qualifications of
8applicants. Notice of proposed rulemaking may shall be
9transmitted to the Board and the Department shall review the
10response of the Board and any recommendations made in their
11response. The Department, at any time, may seek the expert
12advice and knowledge of the Board on any matter relating to the
13administration or enforcement of this Act.
14(Source: P.A. 86-1404.)
 
15    (225 ILCS 310/11)  (from Ch. 111, par. 8211)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 11. Fees. The Department shall provide by rule for a
18schedule of fees for the administration and enforcement of
19this Act, including but not limited to original registration
20licensure, renewal, and restoration. The fees shall be
21nonrefundable.
22    All fees collected under this Act shall be deposited into
23the General Professions Dedicated Fund and shall be
24appropriated to the Department for the ordinary and contingent
25expenses of the Department in the administration of this Act.

 

 

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1(Source: P.A. 91-454, eff. 1-1-00.)
 
2    (225 ILCS 310/14)  (from Ch. 111, par. 8214)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 14. Investigations; Notice of hearing. Upon the
5motion of either the Department or the Board, or upon the
6verified complaint in writing of any person setting forth
7facts which, if proven, would constitute grounds for refusal,
8suspension, or revocation of registration under this Act, the
9Board shall investigate the actions of any person, hereinafter
10called the "registrant", who holds or represents that he holds
11a certificate of registration. All such motions or complaints
12shall be brought to the Board.
13    The Director shall, before suspending, revoking, placing
14on probationary status, or taking any other disciplinary
15action as the Director may deem proper with regard to any
16registration, at least 30 days prior to the date set for the
17hearing, notify the registrant in writing of any charges made
18and the time and place for a hearing on the charges before the
19Board. The Board shall also direct the registrant to file his
20written answer to the charges with the Board under oath within
2120 days after the service on him of such notice, and inform him
22that if he fails to file such answer, his certificate of
23registration may be suspended, revoked, placed on probationary
24status or other disciplinary action may be taken with regard
25thereto, as the Director may deem proper.

 

 

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1    The written notice and any notice in such proceeding may
2be served by delivery personally to the registrant, by email,
3or by registered or certified mail to the address specified by
4the registrant in his last notification to the Director.
5    The Department, at its expense, shall preserve a record of
6all proceedings at the formal hearing of any case involving
7the refusal to issue or renew a registration, or discipline of
8a registrant. The notice of hearing, complaint, and all other
9documents in the nature of pleadings and written motions filed
10in the proceedings, the transcript of testimony, the report of
11the Board, and the orders of the Department shall be the record
12of such proceedings.
13(Source: P.A. 86-1404.)
 
14    (225 ILCS 310/20)  (from Ch. 111, par. 8220)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 20. Restoration. At any time after suspension,
17revocation, placement on probationary status, or the taking of
18any other disciplinary action with regard to any registration,
19the Department may restore the certificate of registration, or
20take any other action to reinstate the registration to good
21standing, without further examination, upon the written
22recommendation of the Board.
23(Source: P.A. 86-1404.)
 
24    (225 ILCS 310/23)  (from Ch. 111, par. 8223)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 23. Confidentiality. Confidential information;
3Disclosure. All information collected by the Department in the
4course of an examination or investigation of a registrant or
5applicant, including, but not limited to, any complaint
6against a registrant filed with the Department and information
7collected to investigate any such complaint, shall be
8maintained for the confidential use of the Department and may
9not be disclosed. The Department may not disclose the
10information to anyone other than law enforcement officials,
11other regulatory agencies that have an appropriate regulatory
12interest as determined by the Secretary, or a party presenting
13a lawful subpoena to the Department. Information and documents
14disclosed to a federal, State, county, or local law
15enforcement agency may not be disclosed by the agency for any
16purpose to any other agency or person. A formal complaint
17filed by the Department against a registrant or applicant is a
18public record, except as otherwise prohibited by law. In
19hearings conducted under this Act, information presented into
20evidence that was acquired by an interior designer in serving
21any individual in a professional capacity, and necessary to
22professionally serve such individual, shall be deemed strictly
23confidential and shall only be made available either as part
24of the record of a hearing hereunder or otherwise:
25    (a) when the record is required, in its entirety, for
26purposes of judicial review;

 

 

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1    (b) upon the express written consent of the individual
2served, or in the case of his or her death or disability, the
3consent of his or her personal representative.
4(Source: P.A. 86-1404.)
 
5    (225 ILCS 310/29)  (from Ch. 111, par. 8229)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 29. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is hereby expressly
9adopted and incorporated herein as if all of the provisions of
10that Act were included in this Act, except that the provision
11of subsection (d) of Section 10-65 of the Illinois
12Administrative Procedure Act that provides that at hearings
13the registrant has the right to show compliance with all
14lawful requirements for retention, continuation, or renewal of
15the registration is specifically excluded. For the purposes of
16this Act, the notice required under Section 10-25 of the
17Illinois Administrative Procedure Act is deemed sufficient
18when mailed or emailed to the last known address of a party.
19(Source: P.A. 91-357, eff. 7-29-99.)
 
20    (225 ILCS 310/30)  (from Ch. 111, par. 8230)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 30. Fund; appropriations; investments; audits
23Interior Design Administration and Investigation Fund. All of
24the fees collected pursuant to this Act shall be deposited

 

 

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1into the General Professions Dedicated Fund.
2    On January 1, 2000 the State Comptroller shall transfer
3the balance of the monies in the Interior Design
4Administration and Investigation Fund into the General
5Professions Dedicated Fund. Amounts appropriated for fiscal
6year 2000 out of the Interior Design Administration and
7Investigation Fund may be paid out of the General Professions
8Dedicated Fund.
9    The moneys monies deposited in the General Professions
10Dedicated Fund may be used for the expenses of the Department
11in the administration of this Act.
12    Moneys from the Fund may also be used for direct and
13allocable indirect costs related to the public purposes of the
14Department of Professional Regulation. Moneys in the Fund may
15be transferred to the Professions Indirect Cost Fund as
16authorized by Section 2105-300 of the Department of
17Professional Regulation Law (20 ILCS 2105/2105-300).
18    Upon the completion of any audit of the Department as
19prescribed by the Illinois State Auditing Act that includes an
20audit of the General Professions Dedicated Fund Interior
21Design Administration and Investigation Fund, the Department
22shall make the audit open to inspection by any interested
23person. The copy of the audit report required to be submitted
24to the Department by this Section is in addition to copies of
25audit reports required to be submitted to other State officers
26and agencies by Section 3-14 of the Illinois State Auditing

 

 

HB1738- 18 -LRB102 00350 SPS 10352 b

1Act.
2(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
3eff. 6-28-01.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2022, except that this Section and Section 5 take effect
6upon becoming law.

 

 

HB1738- 19 -LRB102 00350 SPS 10352 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 310/3from Ch. 111, par. 8203
6    225 ILCS 310/3.1 new
7    225 ILCS 310/4from Ch. 111, par. 8204
8    225 ILCS 310/4.5
9    225 ILCS 310/6from Ch. 111, par. 8206
10    225 ILCS 310/7from Ch. 111, par. 8207
11    225 ILCS 310/11from Ch. 111, par. 8211
12    225 ILCS 310/14from Ch. 111, par. 8214
13    225 ILCS 310/20from Ch. 111, par. 8220
14    225 ILCS 310/23from Ch. 111, par. 8223
15    225 ILCS 310/29from Ch. 111, par. 8229
16    225 ILCS 310/30from Ch. 111, par. 8230