SB1270 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1270

 

Introduced 2/17/2015, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Registered Design Practitioner Act. Provides for licensure of registered design practitioners by the Department of Financial and Professional Regulation. Provides for the registration of professional registered design firms not already registered under the Professional Service Corporation Act. Creates the Registered Design Practitioner Licensing Board and sets forth the powers and duties of the Board. Sets forth the powers and duties of the Department, exemptions from the Act, licensure qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Establishes or authorizes the Department to establish various fees for the implementation of the Act. Sets forth provisions concerning license renewal, restoration, and reciprocity, display of licenses, and continuing education requirements. Preempts home rule. Amends the Regulatory Sunset Act. Provides a repeal date of January 1, 2026 for the Illinois Registered Design Practitioner Act. Repeals the Interior Design Title Act. Makes a conforming change in the Unified Code of Corrections. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Registered Design Practitioner Act.
 
6    Section 5. Declaration of public policy. The practice of
7registered design, as limited by and defined in this Act, in
8the State of Illinois is hereby declared to affect the public
9health, safety, and welfare and to be subject to regulation and
10control in the public interest. It is further declared to be a
11matter of public interest and concern that the practice of
12registered design, as defined in this Act, merit and receive
13the confidence of the public, and that only qualified persons
14be authorized to practice registered design in the State of
15Illinois. This Act shall be liberally construed to best carry
16out these subjects and purposes.
 
17    Section 10. Application of Act. Nothing in this Act shall
18be deemed or construed to prevent the practice of structural
19engineering as defined in the Structural Engineering Licensing
20Act of 1989, the practice of architecture as defined in the
21Illinois Architecture Practice Act of 1989, or the practice of
22professional engineering as defined in the Professional

 

 

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1Engineering Practice Act of 1989, or to prevent the offering or
2preparation of environmental analysis, feasibility studies,
3programming, or construction management services by persons
4other than those registered in accordance with this Act, the
5Structural Engineering Licensing Act of 1989, the Professional
6Engineering Practice Act of 1989, or the Illinois Architecture
7Practice Act of 1989.
8    Nothing contained in this Act prevents (i) the draftsmen,
9students, project representatives, and employees of those
10lawfully practicing as registered design practitioners under
11the provisions of this Act from acting under the direct
12supervision and control of their employers, (ii) the employment
13of project representatives for modification, enlargement, or
14alteration of the interior space of buildings or any parts
15thereof, as allowed under this Act, or (iii) project
16representatives from acting under the direct supervision and
17control of the registered design practitioner by whom the
18technical submissions (including drawings and specifications
19of any interior space of a building, modification, or
20alteration thereof) were prepared.
21    Nothing in this Act or any other Act prevents an architect
22licensed under the Illinois Architecture Practice Act of 1989
23from practicing or providing registered design services.
24    Nothing in this Act shall be construed as requiring the
25services of a registered design practitioner for the interior
26designing of any single-family residence.

 

 

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1    Nothing in this Act shall be construed as limiting or
2restricting the use by any individual or entity of the terms
3"interior designer", "registered interior designer", or
4"interior decorator".
5    This Act does not apply to:
6        (1) the building, remodeling, or repairing of any
7    building or other structure outside of the corporate limits
8    of any city or village, where the building or structure is
9    to be, or is used for residential or farm purposes, or for
10    the purposes of outbuildings or auxiliary buildings in
11    connection with the residential or farm premises;
12        (2) the interior design of any single-family
13    residence;
14        (3) any person or entity, including any person or
15    entity providing assistance to any realtor in staging or
16    presenting any property for sale or lease, who prepares
17    drawings limited to depicting the layout of furnishings
18    used in interior design or provides assistance in the
19    selection of furnishings used in interior design,
20    including, without limitation:
21            (A) decorative accessories;
22            (B) wallpaper, wall coverings, and paint;
23            (C) tile, carpeting, or floor coverings;
24            (D) draperies, blinds, or window coverings;
25            (E) lighting fixtures that are not part of the
26        structure;

 

 

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1            (F) plumbing fixtures that are not part of the
2        structure; and
3            (G) furniture, fixtures, or equipment, including
4        cabinetry, provided the preparation or implementation
5        of those drawings or the installation of those
6        materials or furnishings is not regulated by any
7        building code or other law, ordinance, rule, or
8        regulation governing the alteration or construction of
9        a structure; or
10        (4) the interior design of any structure containing
11    less than 5,000 square feet of interior space.
12    However, all buildings not included in paragraphs (1)
13through (4), including buildings previously exempt under those
14provisions but subsequently non-exempt due to a change in
15occupancy or use, are subject to the requirements of this Act.
 
16    Section 15. Definitions. In this Act:
17    "Board" means the Illinois Registered Design Practice
18Board appointed by the Secretary.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Interior alteration" means any modification or renovation
22that involves or includes, but is not limited to, change in the
23physical state of permanent fixtures or equipment, remodeling,
24renovation, rehabilitation, historic preservation,
25reconstruction, restoration or improvements, ordinary repairs,

 

 

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1changes in design function or layout of rooms, assessment
2rearrangement, and verification of code compliance of interior
3exit provisions, and interior office systems furniture
4rearrangements, as they pertain to the interior areas of a
5structure, but specifically excluding: changes to load bearing
6walls, columns, or other load bearing elements of a building
7essential to the structural integrity of a building, the
8structural envelope, or mechanical, electrical, plumbing, and
9fire protection requirements. The following work is not
10included under the definition of "interior alteration":
11routine maintenance, redecoration, minor mechanical and
12electrical systems alterations, replacement of plumbing piping
13or valves, and rearrangements of interior office systems
14furniture encompassing or utilizing less than an aggregate of
155,000 square feet of interior floor space.
16    "Interior life safety", as it pertains to a registered
17design project, means the analysis, development,
18interpretation, and review of space plans, interior
19construction components, and the aggregate employment of such
20components to constitute an assembly, materials, finishes, and
21furniture or fixtures and equipment selections for compliance
22with regulatory building code provisions that when applied
23collectively, provide comprehensive safety features to
24eliminate, reduce, or control life or health threatening
25situations in the interior environments of a proposed or given
26structure or building, but specifically excluding: structural

 

 

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1changes or alterations to previously determined core
2enclosures, alterations to building entry ingress or egress
3conditions that constitute horizontal or vertical fire exit
4ways, fire compartmentalization, or areas of refuge, including
5any access point to the structure, used for the purpose of
6entering or exiting the building, the approach walk, the
7vertical access leading to the entrance platform, areas of
8refuge, the entry doors or gates and their associated hardware,
9but specifically not excluding: egress or ingress analysis and
10resolution within the interior space of the building including
11horizontal fire exit ways leading to pre-determined vertical
12fire exit ways.
13    "Illinois registered design professional" means a person
14who holds an active license as a registered design practitioner
15under this Act, as an architect under the Architecture Practice
16Act of 1989, as a structural engineer under the Structural
17Engineering Licensing Act of 1989, as a professional engineer
18under the Professional Engineering Practice Act of 1989, or as
19a land surveyor under the Professional Land Surveyor Act of
201989.
21    "Interior technical submissions" means detailed drawings
22and specifications sealed and signed by a registered design
23practitioner certifying compliance with applicable current
24building codes, ordinances, laws, and regulations that define
25the work to be constructed in such form as is required for
26approval of a construction permit by a building official.

 

 

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1Interior technical submissions are the designs, drawings, and
2specifications that establish the scope of the registered
3design project to be constructed, the standard of quality for
4materials, workmanship, equipment, and construction systems,
5and the studies and the technical reports and calculations
6prepared in the course of the practice of the profession of
7registered design. Such submissions may be combined with
8submissions prepared under the responsible control, seal, and
9signature of other registered or licensed professionals. All
10interior technical submissions intended for use in interior
11construction in this State shall be prepared and administered
12in accordance with standards of reasonable professional skill
13and diligence. Care shall be taken to reflect the requirements
14of State law and, where applicable, federal law and county and
15municipal building ordinances in such submissions. In
16recognition that registered design practitioners are licensed
17for the protection of the public health, safety, and welfare,
18submissions shall be of such quality and scope, and be so
19administered, as to conform to professional standards.
20    "Profession of registered design" means the rendering of or
21the offering to render designs, consultations, studies,
22planning, drawings, specifications, contract documents, or
23other technical submissions and the administration of interior
24construction and contracts relating to non-structural interior
25construction of a building by a registered design practitioner.
26The term includes:

 

 

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1        (1) space planning, finishes, furnishings, and the
2    design for fabrication of nonstructural interior
3    construction within interior spaces of buildings;
4        (2) responsibility for design of proposed, or
5    modification of existing, nonstructural and non-engineered
6    elements of construction, such as partitions, doors,
7    stairways, and paths of egress connecting to exits or exit
8    ways; and
9        (3) modification of existing building construction so
10    as to alter the number of persons for which the egress
11    systems for the building are designed.
12    "Public member" means a person who is not a registered
13design practitioner, educator in the field, architect,
14structural engineer, or professional engineer. For the
15purposes of Board membership, any person with a significant
16financial interest in the design or construction service or
17profession is not a public member.
18    "Registered design practitioner" means an individual who
19is qualified by education, training, experience, or
20examination and who is licensed under the laws of this State to
21practice the profession of registered design as defined by this
22Act.
23    "Registered design project" means the provision of
24professional services for the purpose of creating an interior
25space that satisfies the functional and aesthetic requirements
26of an area, within a given structure, encompassing all elements

 

 

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1of design theory, programming, planning, pre-designed
2analysis, conceptual design, materials and finish selection,
3interior construction documentation, furniture or fixture and
4equipment selection, interior life safety, codes and standards
5review or analysis and interpretation, project administration
6and representation, and interior construction observation in
7conjunction with the construction of any interior space within
8a proposed or given structure, building, project, or addition,
9alteration, or restoration thereof; but, specifically
10excluding: structural changes or alterations to previously
11determined core enclosures, alterations to building entry
12ingress or egress conditions that constitute horizontal or
13vertical fire exit ways, fire compartmentalization, or areas of
14refuge, including any access point to the structure, used for
15the purpose of entering or exiting the building, the approach
16walk, the vertical access leading to the entrance platform,
17areas of refuge, the entry doors or gates and their associated
18hardware; but specifically not excluding egress or ingress
19analysis and resolution within the interior space of the
20building, including horizontal fire exit ways leading to
21pre-determined vertical fire exit ways.
22    "Secretary" means the Secretary of Financial and
23Professional Regulation.
24    "Space planning" means the translation of project or client
25requirements into a physical plan of space within a proposed or
26given structure, organizing major rooms, areas, furniture or

 

 

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1fixtures and equipment, determining internal circulation
2systems or patterns, and the location of internal exit
3requirements based on occupancy loads, assessment of life
4safety factors, or the analysis of and for compliance with
5State and local building codes, but specifically excluding:
6building core elements, any access point to the structure used
7for the purpose of entering or exiting the building, the
8approach walk, the vertical access leading to the entrance
9platform, areas of refuge, the entry doors or gates, and the
10hardware of the entry doors or gates.
 
11    Section 20. Powers and duties of the Department. Subject to
12the other provisions of this Act, the Department shall exercise
13the following functions, powers, and duties:
14        (1) to conduct examinations to ascertain the
15    qualifications and fitness of applicants for licensure as
16    registered design practitioners, and pass upon the
17    qualifications and fitness of applicants for licensure by
18    endorsement;
19        (2) to prescribe rules for a method of examination of
20    candidates;
21        (3) to prescribe rules defining what constitutes a
22    school, college, university (or department of a
23    university), or other institution that is reputable and in
24    good standing; to determine whether or not a school,
25    college, university (or department of a university), or

 

 

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1    other institution is reputable and in good standing by
2    reference to compliance with the rules, and to terminate
3    the approval of a school, college, university (or
4    department of a university), or other institution that
5    refuses admittance to applicants solely on the basis of
6    race, color, creed, sex, national origin, or sexual
7    orientation. The Department may adopt, as its own rules
8    relating to education requirements, those guidelines that
9    may be published from time to time by the Council for
10    Interior Design Accreditation (CIDA) or its successor
11    entity;
12        (4) to prescribe rules for diversified professional
13    training;
14        (5) to conduct oral interviews, disciplinary
15    conferences, and formal evidentiary hearings relating to
16    proceedings to reprimand or impose fines on a licensee or
17    to suspend, revoke, place on probationary status, or refuse
18    to issue or restore a license issued under this Act for any
19    of the reasons set forth in Section 95 of this Act;
20        (6) to issue licenses to those who meet the
21    requirements of this Act;
22        (7) to formulate and publish rules necessary or
23    appropriate to carrying out the provisions of this Act; and
24        (8) to review such applicant qualifications to sit for
25    the examination for licensure that the board designates
26    pursuant to Section 45 of this Act.
 

 

 

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1    Section 25. Creation of the Board. The Secretary shall
2appoint a Registered Design Practitioner Licensing Board that
3shall consist of 5 members. Four members shall be licensed, or
4with respect to the initial appointments under this Section, be
5qualified to be licensed as registered design practitioners,
6residing in this State, who have been engaged in the profession
7of registered design for at least 5 years. In addition to the 4
8registered design practitioners, there shall be one public
9member. The public member shall be a voting member and shall
10not hold a license as a registered design practitioner,
11architect, professional engineer, structural engineer, or land
12surveyor.
13    Board members shall serve for terms of 3 years and until
14their successors are appointed and have qualified. For the
15initial appointments made under this Act, however, 2 members
16shall be appointed to serve for a period of one year, 2 members
17shall be appointed to serve for a period of 3 years, and the
18public member shall be appointed for a period of 5 years. In
19appointing persons to the Board, the Secretary shall give due
20consideration to recommendations by members and organizations
21of the profession.
22    The membership of the Board should reasonably reflect
23representation from the geographic areas in this State.
24    No member shall be reappointed to the Board for a term that
25would cause his or her continuous service on the Board to be

 

 

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1longer that 6 successive years. Service on any board prior to
2the effective date of this Act does not apply to this limit.
3    In making appointments to the Board, the Secretary shall
4give due consideration to recommendations by national and State
5organizations of the interior design profession, and shall
6promptly give due notice to those organizations of any vacancy.
7    A vacancy in the membership of the Board does not impair
8the right of a quorum to exercise all the rights and perform
9all the duties of the Board.
10    The members of the Board shall each receive as compensation
11a reasonable sum as determined by the Secretary for each day
12actually engaged in the duties of the office, and all
13legitimate and necessary expenses incurred in attending
14meetings of the Board.
15    Appointments to fill vacancies shall be made in the same
16manner as original appointments, for the unexpired portion of
17the vacated term.
18    Three members shall constitute a quorum of Board members.
19The chairman may vote on matters to come before the Board only
20in the case of a tie vote.
21    The Secretary may terminate the appointment of any member
22for cause that in the opinion of the Secretary reasonably
23justifies such termination.
24    Notice of proposed rulemaking shall be transmitted to the
25Board and the Department shall review the response of the Board
26and any recommendations made therein. The Department may, at

 

 

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1any time, seek the expert advice and knowledge of the Board on
2any matter relating to the administration or enforcement of
3this Act.
4    Members of the Board shall be immune from suit in any
5action based upon any disciplinary proceedings or other
6activities performed in good faith as members of the Board.
 
7    Section 30. Powers and duties of the Board.
8    (a) The Board shall hold at least 3 regular meetings each
9year.
10    (b) The Board shall annually elect a chairman, who shall be
11a registered design practitioner.
12    (c) The Board, upon request by the Department, may make a
13curriculum evaluation to determine if courses conform to the
14requirements of approved design programs.
15    (d) The Board shall assist the Department in conducting
16oral interviews, disciplinary conferences, and formal
17evidentiary hearings.
18    (e) The Department may, at any time, seek the expert advice
19and knowledge of the Board on any matter relating to the
20enforcement of this Act.
21    (f) The Board may appoint a subcommittee to serve as a
22Complaint Committee to recommend the disposition of case files
23according to the procedures established by rule.
24    (g) The Board shall review applicant qualifications to sit
25for the examination or for licensure and shall make

 

 

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1recommendations to the Department. The Department shall review
2the Board's recommendations on applicant qualifications. The
3Secretary shall notify the Board in writing with an explanation
4of any deviation from the Board's recommendation on applicant
5qualifications. After review of the Secretary's written
6explanation of his or her reasons for deviation, the Board
7shall have the opportunity to comment upon the Secretary's
8decision.
 
9    Section 35. Application for original license.
10    (a) Each applicant for license shall apply to the
11Department in writing on a form provided by the Department.
12Except as otherwise provided in this Act, each applicant shall
13take and pass an examination approved by the Department. The
14Board may adopt substantially all or part of the examination
15and grading procedures of the National Council for Interior
16Design Qualification or its successor entity. Prior to
17licensure, the applicant shall provide substantial evidence to
18the Board that the applicant:
19        (1) is a graduate of a 5-year interior design program
20    from an accredited institution and has completed at least
21    one year of full-time diversified interior design
22    experience;
23        (2) is a graduate of a 4-year interior design program
24    from an accredited institution and has completed at least 2
25    years of full-time diversified interior design experience;

 

 

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1        (3) has completed at least 3 years of interior design
2    curriculum from an accredited institution and has
3    completed 3 years of full-time diversified interior design
4    experience;
5        (4) is a graduate of a 2-year interior design program
6    from an accredited institution and has completed 4 years of
7    full-time diversified interior design experience; or
8        (5) is a holder of a masters degree or its equivalent
9    awarded upon completion of an interior design program from
10    an accredited institution and has completed one year of
11    full-time diversified interior design experience.
12    (b) In addition to providing evidence of meeting the
13requirements of subsection (a) of this Section, each applicant
14shall provide substantial evidence that he or she has
15successfully completed the examination administered by the
16National Council for Interior Design Qualification or its
17successor entity. Examinations for applicants under this Act
18may be held at the direction of the Department from time to
19time, but not less than once each year. The scope and form of
20the examination shall conform to the National Council for
21Interior Design Qualification's examination, or the
22examination administered by that organization's successor
23entity, as recognized and determined by the Department.
24    Each applicant for licensure who possesses the necessary
25qualifications shall pay to the Department the required license
26fee, which is not refundable.

 

 

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1    An individual applying for licensure shall have 3 years
2after the date of application to complete the application
3process. If the process has not been completed in 3 years, the
4application shall be denied and the fee forfeited. The
5applicant may reapply, but shall meet the requirements in
6effect at the time of reapplication.
7    (c) An architect licensed under the Illinois Architecture
8Practice Act of 1989 may, without examination, be granted a
9license to provide services as a registered design practitioner
10upon submission to the Department of proof of his or her
11licensure as an architect and payment of the required fee,
12which shall be determined by the Department by rule.
13    (d) All currently active registered interior designers who
14are registered under the Illinois Interior Design Title Act,
15and who have met the qualifications for licensure set forth in
16this Act, may be granted a license to provide services as a
17registered design practitioner, as described in this Act and as
18determined by the Department.
 
19    Section 40. Social Security number on license application.
20In addition to any other information required to be contained
21in the application, every application for an original, renewal,
22or restored license under this Act shall include the
23applicant's Social Security number.
 
24    Section 45. Qualifications of applicants. A person who is

 

 

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1of good moral character and is a citizen of the United States
2or any of its territories or a lawfully admitted alien may take
3an examination for licensure if he or she is a graduate of a
4program deemed satisfactory by the Department and has completed
5diversified professional training, including academic
6training, as required by Section 35 of this Act and the rules
7of the Department. The Department may adopt, as its own rules
8relating to diversified professional training, those
9guidelines that may be published from time to time by the
10National Council for Interior Design Qualification or its
11successor entity.
12    "Good moral character" means such character as will enable
13a person to discharge the fiduciary duties of a registered
14interior designer to that person's clients and to the public in
15a manner that protects health, safety, and welfare. Evidence of
16inability to discharge those duties may include the commission
17of an offense justifying discipline under Section 95 of this
18Act. In addition, the Department may take into consideration
19any felony conviction of the applicant, but such a conviction
20shall not operate as an absolute bar to qualification for
21examination for licensure.
 
22    Section 50. Display of license seal. Every holder of a
23license as a registered design practitioner shall display it in
24a conspicuous place in the principal office of the registered
25design practitioner.

 

 

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1    Every registered design practitioner shall have a
2reproducible seal, or facsimile, the print of which shall
3contain the name of the registered design practitioner, the
4license number, and the words "Registered Design Practitioner,
5State of Illinois". The registered design practitioner shall
6affix the signature, current date, date of license expiration,
7and seal to the first sheet of any bound set or loose sheets of
8interior technical submissions utilized as contract documents
9or prepared for the review and approval of any governmental or
10public authority having jurisdiction by that registered design
11practitioner, or under that registered design practitioner's
12direct supervision and control. The sheet of interior technical
13submissions to which the seal is affixed shall indicate those
14documents or parts thereof to which the seal applies. A
15registered design practitioner shall be deemed to be a
16registered design professional as that term is used or defined
17in any building code or regulation adopted by any governmental
18or public authority having jurisdiction.
19    For the purposes of this Act, "direct supervision and
20control" means that the registered design practitioner has
21exerted sufficient personal supervision, control, and review
22of the activities of those employed to perform registered
23design work to ensure that the interior technical submissions
24produced by those so employed and sealed by the registered
25design practitioner meet the standards of reasonable
26professional skill and diligence and are of no lesser quality

 

 

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1than if they had been produced personally by the registered
2design practitioner. The registered design practitioner is
3obligated to have detailed professional knowledge of the
4interior technical submissions the registered design
5practitioner seals, and to have exercised professional
6judgment in all registered design matters embodied in those
7interior technical submissions. Merely reviewing the interior
8technical submissions produced by others, even if they are
9licensed, shall not constitute "direct supervision and
10control" by the registered design practitioner unless the
11registered design practitioner has actually exercised
12supervision and control over the preparation of the interior
13technical submissions.
 
14    Section 55. Issuance of license. If an applicant has
15complied with the provisions of this Act, then the Department
16shall issue a license to that applicant.
 
17    Section 60. Licenses; renewal; restoration; reciprocity;
18registered design practitioners in military service. The
19expiration date and renewal period for each license issued
20under this Act shall be set by rule. The holder of a license
21may renew the license during the month preceding the expiration
22date thereof by paying the required fee. A registered design
23practitioner who has permitted his or her license to expire or
24who has had his or her license on inactive status may have his

 

 

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1or her license restored by making application to the Department
2and filing proof acceptable to the Department of his or her
3fitness to have his or her license restored, including sworn
4evidence certifying to active practice in another jurisdiction
5satisfactory to the Department, and by paying the required
6restoration fee.
7    If the person has not maintained an active practice in
8another jurisdiction satisfactory to the Department, the Board
9shall determine, by an evaluation program established by rule,
10that person's fitness to resume active status and may require
11that person to successfully complete an examination.
12    Any person whose license has been expired for more than 3
13years may have his or her license restored by submitting an
14application to the Department and filing proof acceptable to
15the Department of his or her fitness to have his or her license
16restored, including sworn evidence certifying to active
17practice in another jurisdiction, and by paying the required
18restoration fee.
19    However, any person whose license has expired while he or
20she has been engaged (i) in federal service on active duty with
21the United States Army, Navy, Marine Corps, Air Force, Coast
22Guard, or the State Militia called into the service or training
23of the United States of America, or (ii) in training or
24education under the supervision of the United States
25preliminary to induction into the military service, may have
26his or her license restored or reinstated without paying any

 

 

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1lapsed renewal fees or restoration fee if within 2 years after
2termination of the service, training, or education other than
3by dishonorable discharge he or she furnishes the Department
4with an affidavit to the effect that he or she has been so
5engaged and that his or her service, training, or education has
6been so terminated.
 
7    Section 65. Inactive status; restoration. Any registered
8design practitioner who notifies the Department, in writing on
9forms prescribed by the Department, may elect to place his or
10her license on an inactive status and shall, subject to rules
11of the Department, be excused from payment of renewal fees
12until he or she notifies the Department in writing of his or
13her desire to resume active status.
14    A registered design practitioner requesting restoration
15from inactive status shall be required to pay the current
16renewal fee and shall have his or her license restored as
17provided in Section 140 of this Act.
18    A registered design practitioner whose license is in an
19inactive status shall not practice the profession of registered
20design in the State.
 
21    Section 70. Endorsement. The Department may, in its
22discretion and upon payment of the required fee, issue a
23license as a registered design practitioner, without
24examination, to an applicant who is a design practitioner

 

 

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1licensed or registered under the laws of another state or
2territory, if the requirements for licensure or registration in
3that state or territory were, at the date of his or her
4license, substantially equivalent to the requirements in force
5in this State on that date as determined by the Board.
6    Applicants have 3 years after the date of application to
7complete the application process. If the process has not been
8completed within the 3 years, the application shall be denied,
9the fee shall be forfeited, and the applicant must reapply and
10meet the requirements in effect at the time of reapplication.
 
11    Section 75. Fees.
12    (a) License fees.
13        (1) The fee for application for a license is $100.
14        (2) In addition, applicants for any examination are
15    required to pay, either to the Department or to the
16    designated testing service, a fee covering the cost of
17    determining the applicant's eligibility and providing the
18    examination. Failure to appear for the examination on the
19    scheduled date, at the time and place specified, after the
20    applicant's application for examination has been received
21    and acknowledged by the Department or the designated
22    testing service, shall result in the forfeiture of the
23    examination fee.
24        (3) The fee for a license for a registered design
25    practitioner registered, certified, or licensed under the

 

 

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1    laws of another state or territory of the United States or
2    province is $100.
3        (4) The fee for the renewal of a license is $30.
4        (5) The fee for the restoration of a license other than
5    from inactive status is $10, plus payment of all lapsed
6    renewal fees.
7        (6) The fee for application for a license as a
8    registered design practice corporation or partnership is
9    $100.
10        (7) The fee for a renewal of a license or certificate
11    of license as a professional registered design firm is $30.
12    (b) General fees.
13        (1) The fee for the issuance of a duplicate license,
14    for the issuance of a replacement license for a license
15    that has been lost or destroyed, or for the issuance of a
16    license with a change of name or address other than during
17    the renewal period is $20. No fee is required for name and
18    address changes on Department records when no duplicate
19    license is issued.
20        (2) The fee for a certification of a licensee's or
21    registrant's record for any purpose is $20.
22        (3) The fee for rescoring an examination is the cost to
23    the Department of rescoring the examination, plus any fees
24    charged by the applicable testing service to have the
25    examination rescored.
26        (4) The fee for a wall certificate showing licensure is

 

 

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1    the actual cost of producing such certificate.
2        (5) The fee for a roster of registered design
3    practitioners in this State is the actual cost of producing
4    the roster.
5    (c) The fees in this Section are nonrefundable.
6    (d) All of the fees and fines collected under this Section
7shall be deposited into the Design Professionals
8Administration and Investigation Fund.
9    (e) Any person who delivers a check or other payment to the
10Department that is returned to the Department unpaid by the
11financial institution upon which it is drawn shall pay to the
12Department, in addition to the amount already owing to the
13Department, a fine of $50. If the check or other payment was
14for a renewal or issuance fee and that person practices without
15paying the renewal fee or issuance fee and the fine due, an
16additional fine of $100 shall be imposed. The fines imposed by
17this Section are in addition to any other discipline provided
18under this Act for unregistered practice or practice on an
19expired license. The Department shall notify the person that
20payment of fees and fines shall be paid to the Department by
21certified check or money order within 30 calendar days of the
22notification. If, after termination or denial, the person seeks
23a license or certificate, he or she shall apply to the
24Department for restoration or issuance of the license or
25certificate and pay all fees and fines due to the Department.
26The Department may establish a fee for the processing of an

 

 

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1application for restoration of a license or certificate to pay
2all expenses of processing this application. The Secretary may
3waive the fines due under this subsection (e) in individual
4cases where the Secretary finds that the fines would be
5unreasonable or unnecessarily burdensome.
 
6    Section 80. Roster of licensees and registrants. A roster
7showing the names and addresses of all registered design
8practitioners, registered design practitioner corporations,
9and partnerships and professional registered design firms
10licensed or registered under this Act shall be prepared by the
11Department each year. This roster shall be available upon
12written request and payment of the required fee.
 
13    Section 85. Continuing education. The Department shall
14adopt rules establishing continuing education requirements for
15persons licensed under this Act. The Department shall consider
16the recommendations of the Board in establishing the guidelines
17for the continuing education requirements. The requirements of
18this Section apply to any person seeking license renewal or
19restoration under Section 60 or 65 of this Act.
 
20    Section 90. Professional registered design firm
21registration; conditions.
22    (a) Nothing in this Act prohibits the formation, under the
23provisions of the Professional Service Corporation Act, of a

 

 

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1corporation to practice registered design.
2    Any business not formed under the Professional Service
3Corporation Act and not registered as such with the Department,
4and which includes the practice of the profession of registered
5design within its stated purposes or practices or holds itself
6out as available to practice the profession of registered
7design, shall register with the Department under this Section.
8Any professional service corporation, sole proprietorship, or
9professional registered design firm offering registered design
10services must have a resident registered design practitioner or
11other Illinois licensed design professional overseeing the
12registered design practices in each location in which
13registered design services are provided.
14    Any sole proprietorship not owned and operated by an
15Illinois registered design professional shall be prohibited
16from offering registered design services under this Act to the
17public. Any sole proprietorship owned and operated by a
18registered design practitioner with an active license issued
19under this Act is exempt from the license requirements of a
20professional registered design firm.
21    (b) Any corporation, including a Professional Service
22Corporation, partnership, limited liability company, or
23professional registered design firm seeking to be registered
24under this Section shall not be registered unless:
25        (1) two-thirds of the board of directors (in the case
26    of a corporation), general partners (in the case of a

 

 

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1    partnership), or members (in the case of a limited
2    liability company) are certified or registered under the
3    laws of any state to practice registered interior design,
4    architecture, professional engineering, structural
5    engineering or land surveying; and
6        (2) the person having the registered design practice in
7    this State in his or her charge is (A) a director (in the
8    case of a corporation), general partner (in the case of a
9    partnership), or member (in the case of a limited liability
10    company) and (B) holds a license under this Act.
11    A corporation, limited liability company, professional
12service corporation, or partnership qualifying under this
13Section and practicing in this State shall file with the
14Department all information concerning its officers, directors,
15members, managers, or partners that the Department may, by
16rule, require.
17    (c) No business shall practice or offer the practice or
18hold itself out as available to offer the practice of the
19profession of registered design until it is registered with the
20Department.
21    (d) A business seeking to be registered under this Section
22shall submit an application on a form provided by the
23Department and shall provide all information requested by the
24Department, including, but not limited to, all of the
25following:
26        (1) The name and license number of at least one person

 

 

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1    designated as the managing agent in responsible charge of
2    the practice of the profession of registered design in
3    Illinois. In the case of a corporation, the corporation
4    shall also submit a certified copy of the resolution by the
5    board of directors designating at least one managing agent.
6    If the business is a limited liability company, the company
7    shall submit a certified copy of either its articles of
8    organization, or its operating agreement, whichever
9    designates the managing agent.
10        (2) The names and license numbers of the registered
11    design practitioners, professional engineers, architects,
12    and structural engineers among the directors (in the case
13    of a corporation), members (in the case of a limited
14    liability company), or general partners (in the case of a
15    partnership).
16        (3) A list of all locations at which the professional
17    registered design firm provides registered design
18    practitioner services.
19        (4) A list of all assumed names of the business.
20    Nothing in this Section shall be construed to exempt a
21business from compliance with the requirements of the Assumed
22Business Name Act.
23    It is the responsibility of the professional registered
24design firm to provide the Department notice in writing of any
25changes in the information requested on the application.
26    (e) If a managing agent terminates his or her status as a

 

 

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1managing agent of the professional registered design firm, or
2is terminated, the managing agent and the registered
3professional design firm shall each notify the Department of
4this fact in writing, by certified mail, within 30 business
5days after the termination.
6    If it has so notified the Department, the professional
7registered design firm has 60 days after the termination date
8in which to notify the Department of the name and license
9number of the registered design practitioner who is the newly
10designated managing agent. A corporation shall also submit a
11certified copy of a resolution by the board of directors
12designating the new managing agent. A limited liability company
13shall also submit a certified copy of either its articles of
14organization or its operating agreement, whichever designates
15the new managing agent. The Department may, upon good cause
16shown, extend the original 60-day period.
17    If the professional registered design firm has not notified
18the Department within the specified time, the license shall be
19terminated without prior hearing. Notification of termination
20shall be sent by certified mail to the last known address of
21the business. If the professional registered design firm
22continues to operate and offer registered design services after
23the termination, the Department may seek prosecution under
24Sections 100, 105, and 115 of this Act for the unregulated
25practice of registered design.
26    (f) No professional registered design firm shall be

 

 

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1relieved of responsibility for the conduct or acts of its
2agents, employees, or officers by reason of its compliance with
3this Section, nor shall any individual practicing the
4profession of registered design be relieved of the
5responsibility for professional services performed by reason
6of the individual's employment or relationship with a
7professional registered design firm registered under this
8Section.
9    (g) Disciplinary action against a professional registered
10design firm registered under this Section shall be administered
11in the same manner and on the same grounds as disciplinary
12action against a registered design practitioner.
 
13    Section 95. Refusal, suspension and revocation of
14licenses; causes.
15    (a) The Department may refuse to issue, refuse to renew,
16refuse to restore, suspend, or revoke any license or may place
17on probation, reprimand, or take other disciplinary or
18non-disciplinary action as the Department may deem proper,
19including the imposition of fines not to exceed $10,000 for
20each violation, with regard to any license or registration
21under this Act for any of the following reasons:
22        (1) material misstatement in furnishing information to
23    the Department;
24        (2) negligence, incompetence, or misconduct in the
25    practice of the profession of registered design;

 

 

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1        (3) failure to comply with any of the provisions of
2    this Act or its rules;
3        (4) making any misrepresentation for the purpose of
4    obtaining licensure or registration;
5        (5) purposefully making false statements or signing
6    false statements, certificates, or affidavits to induce
7    payment;
8        (6) conviction of any crime under the laws of the
9    United States, or any state or territory thereof, which is
10    a felony, whether related to the practice of interior
11    design or not; or conviction of any crime, whether a
12    felony, misdemeanor, or otherwise, an essential element of
13    which is dishonesty or wanton disregard for the rights of
14    others, or that is directly related to the practice of
15    registered design;
16        (7) aiding or assisting another person in violating any
17    provision of this Act or its rules;
18        (8) signing or affixing the registered design
19    practitioner's seal or permitting the registered design
20    practitioner's seal to be affixed to any technical
21    submissions not prepared by the registered design
22    practitioner or under that registered design
23    practitioner's direct supervision and control;
24        (9) engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public;

 

 

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1        (10) habitual intoxication or addiction to the use of
2    drugs;
3        (11) making a statement of compliance under the
4    Environmental Barriers Act that technical submissions
5    prepared by the registered design practitioner or prepared
6    under the registered design practitioner's direct
7    supervision and control for construction or alteration of
8    an occupancy required to be in compliance with the
9    Environmental Barriers Act are in compliance with the
10    Environmental Barriers Act when the technical submissions
11    are not in compliance;
12        (12) a finding by the Board that a licensee or
13    registrant whose license or registration has been placed on
14    probationary status has violated the terms of probation;
15        (13) discipline by another state, territory, foreign
16    country, the District of Columbia, the United States
17    government, or any other governmental agency, if at least
18    one of the grounds for discipline is the same or
19    substantially equivalent to those set forth in this
20    Section;
21        (14) failure to provide information in response to a
22    written request made by the Department within 30 days after
23    receipt of the written request; and
24        (15) physical illness, including, but not limited to,
25    deterioration through the aging process or loss of motor
26    skill that results in the inability to practice the

 

 

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1    profession with reasonable judgment, skill, or safety.
2    (b) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission, as
4provided in the Mental Health and Developmental Disabilities
5Code, operates as an automatic suspension. The suspension shall
6end only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission,
8the issuance of an order so finding and discharging the
9patient, and the recommendation of the Board to the Secretary
10that the licensee be allowed to resume practice.
11    The Department may refuse to issue or may suspend the
12license of any person who fails to file a return, to pay the
13tax, penalty, or interest shown in a filed return, to pay any
14final assessment of tax, penalty, or interest, as required by
15any tax Act administered by the Illinois Department of Revenue,
16until such time as the requirements of any that tax Act are
17satisfied.
18    Persons who assist the Department as consultants or expert
19witnesses in the investigation or prosecution of alleged
20violations of this Act, licensure matters, restoration
21proceedings, or criminal prosecutions shall not be liable for
22damages in any civil action or proceeding as a result of such
23assistance, except upon proof of actual malice. The Attorney
24General shall defend those persons in any such action or
25proceeding.
 

 

 

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1    Section 100. Violations; injunction; cease and desist
2order.
3    (a) If any person or entity violates a provision of this
4Act, the Secretary may, in the name of the People of the State
5of Illinois, through the Attorney General of the State of
6Illinois, petition for an order enjoining the violation or for
7an order enforcing compliance with this Act. Upon the filing of
8a verified petition in the court, the court may issue a
9temporary restraining order, without notice or bond, and may
10preliminarily and permanently enjoin the violation. If it is
11established that the person or entity has violated or is
12violating the injunction, the court may punish the offender for
13contempt of court. Proceedings under this Section are in
14addition to, and not in lieu of, all other remedies and
15penalties provided by this Act.
16    (b) If any person or entity practices as a registered
17design practitioner or professional registered design firm or
18holds himself or herself out as a registered design
19practitioner or professional registered design firm without
20being licensed or registered under the provisions of this Act,
21then any registered design practitioner, any interested party,
22or any person injured thereby may, in addition to the
23Secretary, petition for relief as provided in subsection (a) of
24this Section.
25    (c) Whenever in the opinion of the Department any person or
26entity violates any provision of this Act, the Department may

 

 

SB1270- 36 -LRB099 07082 HAF 27166 b

1issue a rule to show cause why an order to cease and desist
2should not be entered against him or her. The rule shall
3clearly set forth the grounds relied upon by the Department and
4shall provide a period of 7 days after the date of the rule to
5file an answer to the satisfaction of the Department. Failure
6to answer to the satisfaction of the Department shall cause an
7order to cease and desist to be issued immediately.
 
8    Section 105. Investigations; notice and hearing. The
9Department may investigate the actions of any applicant or of
10any person or entity holding or claiming to hold a license.
11Before the initiation of an investigation, the matter shall be
12reviewed by a subcommittee of the Board according to procedures
13established by rule for the Complaint Committee. The Department
14shall, before refusing to restore, issue, or renew a license,
15or disciplining a licensee or registrant, at least 30 days
16prior to the date set for the hearing, notify in writing the
17applicant for or holder of a license or registration of the
18nature of the charges and that a hearing will be held on the
19date designated and direct the applicant or licensee or
20registrant to file a written answer to the Board under oath
21within 20 days after the service of the notice and inform the
22applicant, licensee, or registrant that failure to file an
23answer will result in default being taken against the
24applicant, licensee, or registrant and that the license may be
25suspended, revoked, place on probationary status, or other

 

 

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1disciplinary action may be taken, including limiting the scope,
2nature, or extent of practice, as the Secretary may deem
3proper. Written notice may be served by personal delivery or
4certified or registered mail to the respondent at the address
5of his or her last notification to the Department. If the
6person or entity fails to file an answer after receiving
7notice, his or her license or may, in the discretion of the
8Department, be suspended, revoked, or placed on probationary
9status, or the Department may take whatever disciplinary action
10it deems proper, including limiting the scope, nature, or
11extent of the person's practice or the imposition of a fine,
12without a hearing, if the act or acts charged constitute
13sufficient grounds for such action under this Act. At the time
14and place fixed in the notice, the Board shall proceed to hear
15the charges, and the parties or their counsel shall be accorded
16ample opportunity to present such statements, testimony,
17evidence, and argument as may be pertinent to the charges or to
18their defense. The Board may continue the hearing from time to
19time.
 
20    Section 110. Stenographer; transcript. The Department, at
21its expense, shall preserve a record of all proceedings at the
22formal hearing of any case involving the refusal to restore,
23issue, or renew a license or the discipline of a registrant.
24The notice of hearing, complaint, and all other documents in
25the nature of pleadings and written motions filed in the

 

 

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1proceedings, the transcript of testimony, the report of the
2Board and the orders of the Department shall be the record of
3the proceedings. The Department shall furnish a transcript of
4the record to any person interested in the hearing upon payment
5of the fee required by Section 2105-115 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois.
 
8    Section 115. Subpoenas of witnesses; oaths. The Department
9has power to subpoena and bring before it any person in this
10State and to take testimony either orally or by deposition, or
11both, with the same fees and mileage and in the same manner as
12prescribed by law in judicial proceedings in civil cases in
13circuit courts of this State.
14    The Secretary and any member of the Board has the power to
15administer oaths to witnesses at any hearing that the
16Department is authorized by law to conduct, and any other oaths
17required or authorized in any Act administered by the
18Department.
 
19    Section 120. Procedure to compel attendance of witnesses.
20Any circuit court, upon the application of the accused person,
21or complainant, or of the Department, may, by order duly
22entered, require the attendance of witnesses and the production
23of relevant books and papers before the Department in any
24hearing relating to the application for or refusal, recall,

 

 

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1suspension, or revocation of the license, or the discipline of
2a licensee, and the court may compel obedience to its order by
3proceedings for contempt.
 
4    Section 125. Report of Board; rehearing. After the hearing,
5the Board shall present to the Secretary its written report of
6its findings and recommendations. A copy of the report shall be
7served upon the accused person, either personally, or by
8registered or certified mail as provided in this Act for the
9service of the notice. Within 20 days after the service, the
10accused person may present to the Department his or her motion
11in writing for a rehearing, which shall specify the particular
12grounds for rehearing. If the accused person orders and pays
13for a transcript of the record as provided in this Section, the
14time elapsing before the transcript is ready for delivery to
15him or her shall not be counted as part of the 20 days.
16    Whenever the Secretary is not satisfied that substantial
17justice has been done, he or she may order a rehearing by the
18same or another special board. At the expiration of the time
19specified for filing a motion for a rehearing, the Secretary
20has the right to take the action recommended by the Board.
 
21    Section 130. Hearing officer. Notwithstanding the
22provisions of Section 105 of this Act, the Secretary has the
23authority to appoint any attorney duly licensed to practice law
24in the State to serve as the hearing officer in any action

 

 

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1under Section 125. The Secretary shall notify the Board of any
2such appointment. The hearing officer has full authority to
3conduct the hearing. The Board has the right to have at least
4one member present at any hearing conducted by the hearing
5officer. The hearing officer shall report his or her findings
6of fact, conclusions of law, and recommendations to the Board
7and the Secretary. The Board has 60 days after the receipt of
8the report to review the report of the hearing officer and
9present his or her findings of fact, conclusions of law, and
10recommendations to the Secretary. If the Board fails to present
11its report within the 60-day period, the Secretary shall issue
12an order based on the report of the hearing officer. If the
13Secretary disagrees in any regard with the report of the Board
14or hearing officer, he or she may issue an order in
15contravention thereof. The Secretary shall provide a written
16explanation to the Board on any deviation, and shall specify
17with particularity the reasons for such action in the final
18order.
 
19    Section 135. Order to be prima facie proof. An order of
20revocation or suspension or a certified copy thereof, over the
21seal of the Department and purporting to be signed by the
22Secretary, shall be prima facie proof:
23        (1) that the signature is the genuine signature of the
24    Secretary;
25        (2) that the Secretary is duly appointed and qualified;

 

 

SB1270- 41 -LRB099 07082 HAF 27166 b

1    and
2        (3) that the Board and the members thereof are
3    qualified to act.
4This prima facie proof may be rebutted.
 
5    Section 140. Issuance or restoration of license. At any
6time after the refusal to issue, suspension, or revocation of
7any license, the Department may issue or restore it to the
8applicant without examination, upon the written recommendation
9of the Board.
 
10    Section 145. Surrender of license. Upon the revocation or
11suspension of any license or certificate of registration, the
12licensee or registrant shall immediately surrender the license
13or certificate of registration to the Department and, if the
14licensee or registrant fails to do so, the Department has the
15right to seize the license or certificate of registration.
 
16    Section 150. Summary suspension of a license. The Secretary
17may temporarily suspend the license of a registered design
18practitioner without a hearing, simultaneously with the
19institution of proceedings for a hearing provided for in
20Section 105 of this Act, if the Secretary finds evidence that
21indicates a registered design practitioner's continuation of
22practice would constitute an imminent danger to the public. In
23the event that the Secretary temporarily suspends the license

 

 

SB1270- 42 -LRB099 07082 HAF 27166 b

1of a registered design practitioner without a hearing, a
2hearing by the Board must be held within 30 days after the
3suspension has occurred.
 
4    Section 155. Review under the Administrative Review Law;
5venue. All final administrative decisions of the Department
6under this Act are subject to judicial review under the
7provisions of the Administrative Review Law. The term
8"administrative decision" means the same as in Section 3-101 of
9the Code of Civil Procedure.
10    The proceedings for judicial review shall be commenced in
11the circuit court of the county that the party applying for
12review resides, but if the party is not a resident of this
13State, the venue shall be in Sangamon County.
 
14    Section 160. Certifying record to court; costs. The
15Department shall not be required to certify any record to the
16court or file any answer in court or otherwise appear in any
17court in a judicial review proceeding, unless there is filed in
18the court with the complaint a receipt from the Department
19acknowledging payment of the costs of furnishing and certifying
20the record.
 
21    Section 165. Violations.
22    (a) Each of the following acts constitutes a Class A
23misdemeanor for the first offense and a Class 4 felony for a

 

 

SB1270- 43 -LRB099 07082 HAF 27166 b

1second or subsequent offense:
2        (1) the practice, attempt to practice, or offer to
3    practice the profession of registered design, or the
4    advertising or putting out of any sign or card or other
5    device that might indicate to the public that the person is
6    entitled to practice the profession of registered design,
7    without a license as a registered design practitioner or
8    registration as a professional registered design firm
9    issued by the Department; each day of practicing the
10    profession of registered design or attempting to practice
11    the profession of registered design, and each instance of
12    offering to practice the profession of registered design,
13    without a license as a registered design practitioner or
14    registration as a professional registered design firm
15    constituting a separate offense;
16        (2) the making of any willfully false oath or
17    affirmation in any matter or proceeding where an oath or
18    affirmation is required by this Act;
19        (3) the affixing of a registered design practitioner's
20    seal to any technical submission that has not been prepared
21    by that registered design practitioner, or under the
22    registered design practitioner's direct supervision and
23    control;
24        (4) the violation of any provision of this Act or its
25    rules;
26        (5) using or attempting to use an expired, inactive

 

 

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1    suspended, or revoked license or registration, or the
2    certificate or seal of another, or impersonating another
3    licensee or registrant; or
4        (6) obtaining or attempting to obtain a license or
5    registration by fraud.
6    (b) In addition to any other penalty provided by law, the
7Department may impose a civil penalty of up to $5,000 for each
8violation upon a person, sole proprietorship, professional
9service corporation, limited liability company, corporation,
10partnership, or other entity that does not hold an active
11license as a registered design practitioner, or registration as
12a professional registered design firm in this State, and is not
13exempt from the provisions of this Act, and:
14        (1) practices the profession of registered design in
15    this State;
16        (2) advertises or displays any sign or card or other
17    device that might indicate to the public that the person or
18    entity is entitled to practice as a registered design
19    practitioner in this State; or
20        (3) uses the title "registered design practitioner" or
21    any of its derivations with respect to his, her, or its
22    professional activities in this State.
23    (c) Civil penalties imposed and collected under this
24Section shall be deposited into the Design Professionals
25Administration and Investigation Fund.
 

 

 

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1    Section 170. Administrative Procedure Act. The Illinois
2Administrative Procedure Act is hereby expressly adopted and
3incorporated herein as if all of the provisions of that Act
4were included in this Act, except that the provision of
5subsection (d) of Section 10-65 of the Illinois Administrative
6Procedure Act that provides that at hearings the licensee has
7the right to show compliance with all lawful requirements for
8retention, continuation, or renewal of the license is
9specifically excluded. For the purposes of this Act, the notice
10required under Section 10-25 of the Illinois Administrative
11Procedure Act is deemed sufficient when mailed to the last
12known address of a party.
 
13    Section 175. Fund; appropriations; investments; audits.
14Moneys deposited in the Design Professionals Administration
15and Investigation Fund shall be appropriated to the Department
16exclusively for expenses of the Department and the Board in the
17administration of this Act, the Illinois Architecture Practice
18Act of 1989, the Illinois Professional Land Surveyor Act of
191989, the Professional Engineering Practice Act of 1989, and
20the Structural Engineering Licensing Act of 1989. The expenses
21of the Department under this Act shall be limited to the
22ordinary and contingent expenses of the design professionals
23dedicated employees within the Department, as established
24under Section 2105-75 of the Department of Professional
25Regulation Law of the Civil Administrative Code of Illinois,

 

 

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1and other expenses related to the administration and
2enforcement of this Act.
3    All fines and penalties under Sections 20 and 75 shall be
4deposited into the Design Professionals Administration and
5Investigation Fund.
6    Moneys in the Design Professional Administration and
7Investigation Fund may be invested and reinvested. Earnings
8attributable to those investments shall be deposited into the
9Fund and used for the same purposes as fees deposited into the
10Fund.
11    Upon the completion of any audit of the Department, as
12prescribed by the Illinois State Auditing Act, that includes an
13audit of the Design Professionals Administration and
14Investigation Fund, the Department shall make the audit open to
15inspection by any interested person. The copy of the audit
16report required to be submitted to the Department under this
17Section is in addition to the copies of audit reports required
18to be submitted to other State officers and agencies by Section
193-14 of the Illinois State Auditing Act.
 
20    Section 180. Home rule. It is declared to be the public
21policy of this State, under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution of 1970, that any
23power or function set forth in this Act to be exercised by the
24State is an exclusive State power or function. The power or
25function shall not be exercised concurrently, either directly

 

 

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1or indirectly, by any unit of local government, including home
2rule units, except as otherwise provided in this Act. This is a
3limitation of home rule powers.
 
4    Section 500. The Regulatory Sunset Act is amended by adding
5Section 4.36 as follows:
 
6    (5 ILCS 80/4.36 new)
7    Sec. 4.36. Act repealed on January 1, 2026. The following
8Act is repealed on January 1, 2026:
9    The Illinois Registered Design Practitioner Act.
 
10    Section 505. The Unified Code of Corrections is amended by
11changing Section 5-5-5 as follows:
 
12    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
13    Sec. 5-5-5. Loss and Restoration of Rights.
14    (a) Conviction and disposition shall not entail the loss by
15the defendant of any civil rights, except under this Section
16and Sections 29-6 and 29-10 of The Election Code, as now or
17hereafter amended.
18    (b) A person convicted of a felony shall be ineligible to
19hold an office created by the Constitution of this State until
20the completion of his sentence.
21    (c) A person sentenced to imprisonment shall lose his right
22to vote until released from imprisonment.

 

 

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1    (d) On completion of sentence of imprisonment or upon
2discharge from probation, conditional discharge or periodic
3imprisonment, or at any time thereafter, all license rights and
4privileges granted under the authority of this State which have
5been revoked or suspended because of conviction of an offense
6shall be restored unless the authority having jurisdiction of
7such license rights finds after investigation and hearing that
8restoration is not in the public interest. This paragraph (d)
9shall not apply to the suspension or revocation of a license to
10operate a motor vehicle under the Illinois Vehicle Code.
11    (e) Upon a person's discharge from incarceration or parole,
12or upon a person's discharge from probation or at any time
13thereafter, the committing court may enter an order certifying
14that the sentence has been satisfactorily completed when the
15court believes it would assist in the rehabilitation of the
16person and be consistent with the public welfare. Such order
17may be entered upon the motion of the defendant or the State or
18upon the court's own motion.
19    (f) Upon entry of the order, the court shall issue to the
20person in whose favor the order has been entered a certificate
21stating that his behavior after conviction has warranted the
22issuance of the order.
23    (g) This Section shall not affect the right of a defendant
24to collaterally attack his conviction or to rely on it in bar
25of subsequent proceedings for the same offense.
26    (h) No application for any license specified in subsection

 

 

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1(i) of this Section granted under the authority of this State
2shall be denied by reason of an eligible offender who has
3obtained a certificate of relief from disabilities, as defined
4in Article 5.5 of this Chapter, having been previously
5convicted of one or more criminal offenses, or by reason of a
6finding of lack of "good moral character" when the finding is
7based upon the fact that the applicant has previously been
8convicted of one or more criminal offenses, unless:
9        (1) there is a direct relationship between one or more
10    of the previous criminal offenses and the specific license
11    sought; or
12        (2) the issuance of the license would involve an
13    unreasonable risk to property or to the safety or welfare
14    of specific individuals or the general public.
15    In making such a determination, the licensing agency shall
16consider the following factors:
17        (1) the public policy of this State, as expressed in
18    Article 5.5 of this Chapter, to encourage the licensure and
19    employment of persons previously convicted of one or more
20    criminal offenses;
21        (2) the specific duties and responsibilities
22    necessarily related to the license being sought;
23        (3) the bearing, if any, the criminal offenses or
24    offenses for which the person was previously convicted will
25    have on his or her fitness or ability to perform one or
26    more such duties and responsibilities;

 

 

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1        (4) the time which has elapsed since the occurrence of
2    the criminal offense or offenses;
3        (5) the age of the person at the time of occurrence of
4    the criminal offense or offenses;
5        (6) the seriousness of the offense or offenses;
6        (7) any information produced by the person or produced
7    on his or her behalf in regard to his or her rehabilitation
8    and good conduct, including a certificate of relief from
9    disabilities issued to the applicant, which certificate
10    shall create a presumption of rehabilitation in regard to
11    the offense or offenses specified in the certificate; and
12        (8) the legitimate interest of the licensing agency in
13    protecting property, and the safety and welfare of specific
14    individuals or the general public.
15    (i) A certificate of relief from disabilities shall be
16issued only for a license or certification issued under the
17following Acts:
18        (1) the Animal Welfare Act; except that a certificate
19    of relief from disabilities may not be granted to provide
20    for the issuance or restoration of a license under the
21    Animal Welfare Act for any person convicted of violating
22    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
23    Care for Animals Act or Section 26-5 or 48-1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012;
25        (2) the Illinois Athletic Trainers Practice Act;
26        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,

 

 

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1    and Nail Technology Act of 1985;
2        (4) the Boiler and Pressure Vessel Repairer Regulation
3    Act;
4        (5) the Boxing and Full-contact Martial Arts Act;
5        (6) the Illinois Certified Shorthand Reporters Act of
6    1984;
7        (7) the Illinois Farm Labor Contractor Certification
8    Act;
9        (8) the Illinois Registered Design Practitioner Act
10    the Interior Design Title Act;
11        (9) the Illinois Professional Land Surveyor Act of
12    1989;
13        (10) the Illinois Landscape Architecture Act of 1989;
14        (11) the Marriage and Family Therapy Licensing Act;
15        (12) the Private Employment Agency Act;
16        (13) the Professional Counselor and Clinical
17    Professional Counselor Licensing and Practice Act;
18        (14) the Real Estate License Act of 2000;
19        (15) the Illinois Roofing Industry Licensing Act;
20        (16) the Professional Engineering Practice Act of
21    1989;
22        (17) the Water Well and Pump Installation Contractor's
23    License Act;
24        (18) the Electrologist Licensing Act;
25        (19) the Auction License Act;
26        (20) the Illinois Architecture Practice Act of 1989;

 

 

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1        (21) the Dietitian Nutritionist Practice Act;
2        (22) the Environmental Health Practitioner Licensing
3    Act;
4        (23) the Funeral Directors and Embalmers Licensing
5    Code;
6        (24) the Land Sales Registration Act of 1999;
7        (25) the Professional Geologist Licensing Act;
8        (26) the Illinois Public Accounting Act; and
9        (27) the Structural Engineering Practice Act of 1989.
10(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
1197-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
121-25-13; 98-756, eff. 7-16-14.)
 
13    (225 ILCS 310/Act rep.)
14    Section 510. The Interior Design Title Act is repealed.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 80/4.36 new
5    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5
6    225 ILCS 310/Act rep.