Full Text of SB0463 99th General Assembly
SB0463sam002 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/27/2016
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| 1 | | AMENDMENT TO SENATE BILL 463
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 463 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Interior Design Title Act is amended by | 5 | | changing Sections 3, and 5 and by adding Sections 4.10, 4.15, | 6 | | and 4.20 as follows:
| 7 | | (225 ILCS 310/3) (from Ch. 111, par. 8203)
| 8 | | (Section scheduled to be repealed on January 1, 2022) | 9 | | Sec. 3. Definitions. As used in this Act:
| 10 | | "Department" means the Department of Financial and | 11 | | Professional
Regulation.
| 12 | | "Secretary" means the Secretary of Financial and | 13 | | Professional
Regulation.
| 14 | | "Board" means the Board of Registered Interior Design | 15 | | Professionals established
under Section 6 of this Act.
| 16 | | "Licensed design professional" means a person who holds an |
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| 1 | | active license as an architect under the Illinois Architecture | 2 | | Practice Act of 1989, as a structural engineer under the | 3 | | Structural Engineering Practice Act of 1989, as a professional | 4 | | engineer under the Professional Engineering Practice Act of | 5 | | 1989, or as a land surveyor under the Illinois Professional | 6 | | Land Surveyor Act of 1989. | 7 | | "Public member" means a person who is not an interior | 8 | | designer,
educator in the field, architect, structural | 9 | | engineer, or professional
engineer. For purposes of board | 10 | | membership, any person with a significant
financial interest in | 11 | | the design or construction service or profession is
not a | 12 | | public member.
| 13 | | "Registered interior designer" means a person who has | 14 | | received registration
under Section 8 of this Act.
| 15 | | "The profession of interior design", within the meaning and | 16 | | intent
of this Act, refers to persons qualified by education, | 17 | | experience, and
examination, who administer contracts for | 18 | | fabrication, procurement, or
installation in the | 19 | | implementation of designs, drawings, and specifications
for | 20 | | any interior design project and offer or furnish professional | 21 | | services,
such as consultations, studies, drawings, and | 22 | | specifications in connection
with the location of lighting | 23 | | fixtures, lamps and specifications of ceiling
finishes as shown | 24 | | in reflected ceiling plans, space planning, furnishings,
or the | 25 | | fabrication of non-loadbearing structural elements within and
| 26 | | surrounding interior spaces of buildings but specifically |
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| 1 | | excluding
mechanical and electrical systems, except for | 2 | | specifications of fixtures
and their location within interior | 3 | | spaces.
| 4 | | A person represents himself or herself to be a "registered | 5 | | interior designer" within the
meaning of this Act if he or she | 6 | | holds himself or herself out to the public by any title
| 7 | | incorporating the words "registered interior designer" or any
| 8 | | title that includes the words "registered interior design".
| 9 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 10 | | (225 ILCS 310/4.10 new) | 11 | | Sec. 4.10. Design firms. Corporations, partnerships, | 12 | | limited liability companies, professional limited liability | 13 | | companies, and professional design firms offering, or planning | 14 | | to offer, one or more services as listed in subparagraphs (A) | 15 | | through (D) of paragraph (2) of Section 4.15 may, for the | 16 | | purpose of formation or establishment, governance, or | 17 | | management, have one or more registered or unregistered | 18 | | interior designers who are not licensed design professionals | 19 | | possess the duties, responsibilities, restrictions, | 20 | | liabilities, legal authority, and the powers and privileges of | 21 | | the following: | 22 | | (1) a director on the board in the case of a | 23 | | corporation, a general partner in the case of a | 24 | | partnership, or a member in the case of a professional | 25 | | limited liability company or limited liability company; |
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| 1 | | (2) a managing agent; | 2 | | (3) an owner, including majority owner; or | 3 | | (4) an officer, which may include an individual serving | 4 | | as more than one officer at the same time and therefore | 5 | | assuming all the duties, responsibilities, liabilities, | 6 | | legal authority, powers, and privileges of each respective | 7 | | officer's position. | 8 | | (225 ILCS 310/4.15 new) | 9 | | Sec. 4.15. Prohibitions. Unless an interior designer, | 10 | | whether registered or not under Section 8 of this Act, has | 11 | | violated this Act or the laws of this State or the United | 12 | | States, no person, business entity, county, local | 13 | | municipality, or the State, including all boards, agencies, and | 14 | | commissions established by the aforementioned as well as any | 15 | | individuals appointed, employed, or acting on their behalf, | 16 | | shall take action to limit an interior designer from: | 17 | | (1) formulating or establishing a business entity, | 18 | | including a corporation, partnership, sole proprietorship, | 19 | | or professional design firm; | 20 | | (2) hiring one or more full or part-time employees or | 21 | | contracting with individuals qualifying as licensed design | 22 | | professionals to practice: | 23 | | (A) structural engineering as defined in the | 24 | | Structural Engineering Practice Act of 1989; | 25 | | (B) architecture as defined in the Illinois |
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| 1 | | Architecture Practice Act of 1989; | 2 | | (C) professional engineering as defined in the | 3 | | Professional Engineering Practice Act of 1989; | 4 | | (D) land surveying as defined in the Illinois | 5 | | Professional Land Surveyor Act of 1989; or | 6 | | (E) other services requiring licensure by the | 7 | | State for an individual to practice; | 8 | | (3) serving in one or more of the positions listed in | 9 | | paragraphs (1) through (4) of Section 4.10 and possessing | 10 | | all the respective duties, responsibilities, legal | 11 | | authority, powers, and privileges; and | 12 | | (4) owning shares in a business entity. | 13 | | (225 ILCS 310/4.20 new) | 14 | | Sec. 4.20. Application of other Acts. | 15 | | (a) The Professional Service Corporation Act, the Limited | 16 | | Liability Company Act, the Professional
Limited Liability | 17 | | Company Act, and the Business Corporation Act of 1983 shall be | 18 | | applicable to corporations, partnerships, limited liability | 19 | | companies, professional limited liability companies, sole | 20 | | proprietorships, and professional design firms formulated or | 21 | | established under this Act, except as provided in Sections 4.10 | 22 | | and 4.15 of this Act. | 23 | | (b) This Act shall take precedence in the event of any | 24 | | conflict with the provisions of the Professional Service | 25 | | Corporation Act, the Limited Liability Company Act, the |
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| 1 | | Professional Limited Liability Company Act, and the Business | 2 | | Corporation Act of 1983 or other laws, including the Illinois | 3 | | Architecture Practice Act of 1989, the Professional | 4 | | Engineering Practice Act of 1989, and the Structural | 5 | | Engineering Practice Act of 1989 requiring participation of one | 6 | | or more licensed design professionals to formulate or | 7 | | establish, own, govern, manage, or direct a corporation, | 8 | | partnership, limited liability company, professional limited | 9 | | liability company, sole proprietorship, or professional design | 10 | | firm.
| 11 | | (225 ILCS 310/5) (from Ch. 111, par. 8205)
| 12 | | (Section scheduled to be repealed on January 1, 2022) | 13 | | Sec. 5. Powers and duties of the Department. Subject to the
| 14 | | provisions of this Act, the Department shall exercise the | 15 | | following
functions, powers, and duties:
| 16 | | (a) To conduct or authorize examinations to ascertain the | 17 | | fitness and
qualifications of applicants for registration and | 18 | | issue certificates of
registration to those who are found to be | 19 | | fit and qualified.
| 20 | | (b) To prescribe rules and regulations for a method of | 21 | | examination of
candidates. The Department shall designate as | 22 | | its examination for registered interior
designers the National | 23 | | Council for Interior Design Qualification examination.
| 24 | | (c) To adopt as its own rules relating to education
| 25 | | requirements, those guidelines published from time to time by |
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| 1 | | the Council for Interior Design Accreditation
Foundation for | 2 | | Interior Design Education Research or its successor entity | 3 | | equivalent .
| 4 | | (d) To conduct hearings on proceedings to revoke, suspend, | 5 | | or refuse to
issue certificates of registration.
| 6 | | (e) To promulgate rules and regulations required for the | 7 | | administration
of this Act.
| 8 | | (f) The Department is encouraged to: | 9 | | (1) maintain membership in the Council of Interior | 10 | | Design Qualifications (CIDQ) and participate in activities | 11 | | of the CIDQ Council of Delegates; and | 12 | | (2) designate at least one employee of the Department | 13 | | to attend national and regional meetings of the Council. | 14 | | All costs associated with Department membership and | 15 | | attendance of the delegate to any national or regional CIDQ | 16 | | meetings may be funded from the General Professions | 17 | | Dedicated Fund. | 18 | | (g) The Department may take disciplinary action as it deems | 19 | | proper, including, but not limited to, the imposition of fines | 20 | | not to exceed $10,000 for a violation of this Act. | 21 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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