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1 | | The Water Well and Pump Installation Contractor's License |
2 | | Act. |
3 | | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; |
4 | | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. |
5 | | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, |
6 | | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
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7 | | Section 10. The Interior Design Title Act is amended by |
8 | | changing Sections 1, 3, and 5 and by adding Sections 4.10, |
9 | | 4.15, and 4.20 as follows:
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10 | | (225 ILCS 310/1) (from Ch. 111, par. 8201)
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11 | | (Section scheduled to be repealed on January 1, 2022)
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12 | | Sec. 1. Short title. This Act may be cited as the
Interior |
13 | | Design Profession Title Act.
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14 | | (Source: P.A. 92-104, eff. 7-20-01 .)
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15 | | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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16 | | (Section scheduled to be repealed on January 1, 2022) |
17 | | Sec. 3. Definitions. As used in this Act:
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18 | | "Department" means the Department of Financial and |
19 | | Professional
Regulation.
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20 | | "Secretary" means the Secretary of Financial and |
21 | | Professional
Regulation.
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22 | | "Board" means the Board of Registered Interior Design |
23 | | Professionals established
under Section 6 of this Act.
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1 | | "Licensed design professional" means a person who holds an |
2 | | active license as an architect under the Illinois Architecture |
3 | | Practice Act of 1989, as a structural engineer under the |
4 | | Structural Engineering Practice Act of 1989, as a professional |
5 | | engineer under the Professional Engineering Practice Act of |
6 | | 1989, or as a land surveyor under the Illinois Professional |
7 | | Land Surveyor Act of 1989. |
8 | | "Public member" means a person who is not an interior |
9 | | designer,
educator in the field, architect, structural |
10 | | engineer, or professional
engineer. For purposes of board |
11 | | membership, any person with a significant
financial interest in |
12 | | the design or construction service or profession is
not a |
13 | | public member.
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14 | | "Registered interior designer" means a person who has |
15 | | received registration
under Section 8 of this Act.
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16 | | "The profession of interior design", within the meaning and |
17 | | intent
of this Act, refers to persons qualified by education, |
18 | | experience, and
examination, who administer contracts for |
19 | | fabrication, procurement, or
installation in the |
20 | | implementation of designs, drawings, and specifications
for |
21 | | any interior design project and offer or furnish professional |
22 | | services,
such as consultations, studies, drawings, and |
23 | | specifications in connection
with the location of lighting |
24 | | fixtures, lamps and specifications of ceiling
finishes as shown |
25 | | in reflected ceiling plans, space planning, furnishings,
or the |
26 | | fabrication of non-loadbearing structural elements within and
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1 | | surrounding interior spaces of buildings but specifically |
2 | | excluding
mechanical and electrical systems, except for |
3 | | specifications of fixtures
and their location within interior |
4 | | spaces.
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5 | | A person represents himself or herself to be a "registered |
6 | | interior designer" within the
meaning of this Act if he or she |
7 | | holds himself or herself out to the public by any title
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8 | | incorporating the words "registered interior designer" or any
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9 | | title that includes the words "registered interior design".
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10 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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11 | | (225 ILCS 310/4.10 new) |
12 | | Sec. 4.10. Design firms. |
13 | | (a) Corporations, partnerships, limited liability |
14 | | companies, professional limited liability companies, and |
15 | | professional design firms may, for the purpose of formation or |
16 | | establishment, governance, or management, have one or more |
17 | | interior designers who are not licensed design professionals |
18 | | and who possess the duties, responsibilities, restrictions, |
19 | | liabilities, legal authority, and the powers, and privileges of |
20 | | the following: |
21 | | (1) a director on the board in the case of a |
22 | | corporation, a general partner in the case of a |
23 | | partnership, or a member in the case of a professional |
24 | | limited liability company or limited liability company; |
25 | | (2) a managing agent; |
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1 | | (3) an owner, including majority owner; or |
2 | | (4) an officer, which may include an individual serving |
3 | | as more than one officer at the same time and therefore |
4 | | assuming all the duties, responsibilities, liabilities, |
5 | | legal authority, powers, and privileges of each respective |
6 | | officer's position. |
7 | | (b) The following information in paragraphs (1) and (2) of |
8 | | this subsection (b) shall be available upon written request and |
9 | | payment of a required fee as determined by the Department. |
10 | | (1) Corporations, partnerships, limited liability |
11 | | companies, professional limited liability companies, and |
12 | | professional design firms that hire full or part-time, |
13 | | including on a contractual basis, at least one interior |
14 | | designer who is not a licensed design professional, shall |
15 | | submit to the Department the following information no later |
16 | | than December 31, 2016 and thereafter as a part of their |
17 | | design firm registration renewal required by the |
18 | | Department: |
19 | | (A) The names of individuals, separating employees |
20 | | of the business from contract employees, in the last 12 |
21 | | months to engage in the profession of interior design |
22 | | as defined by this Act who are: |
23 | | (i) registered interior designers; |
24 | | (ii) non-registered interior designers; |
25 | | (iii) licensed in any state to practice |
26 | | architecture as defined by the Illinois |
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1 | | Architecture Practice Act of 1989; or |
2 | | (iv) interior designers serving in one or more |
3 | | of the positions listed in paragraphs (1) through |
4 | | (4) of subsection (a) of this Section. |
5 | | (B) A list of all office locations in the State at |
6 | | which the business entity engages in the profession of |
7 | | interior design. |
8 | | (2) Sole proprietorships that are exempt from design |
9 | | firm registration requirements with the State shall submit |
10 | | all applicable information listed in subparagraph (A) of |
11 | | paragraph (1) of this subsection (b), including if any |
12 | | owner is an interior designer or engages in the profession |
13 | | of interior design.
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14 | | (225 ILCS 310/4.15 new) |
15 | | Sec. 4.15. Prohibitions. Unless an interior designer has |
16 | | violated this Act or the laws of this State or the United |
17 | | States, no person, business entity, county, local |
18 | | municipality, or the State, including all boards, agencies, and |
19 | | commissions established by the aforementioned as well as any |
20 | | individuals appointed, employed, or acting on their behalf, |
21 | | shall take action to limit an interior designer from: |
22 | | (1) formulating or establishing a business entity, |
23 | | including a corporation, partnership, sole proprietorship, |
24 | | or professional design firm; |
25 | | (2) hiring one or more full or part-time employees or |
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1 | | contracting with individuals qualifying as licensed design |
2 | | professionals to practice: |
3 | | (A) structural engineering as defined in the |
4 | | Structural Engineering Practice Act of 1989; |
5 | | (B) architecture as defined in the Illinois |
6 | | Architecture Practice Act of 1989; |
7 | | (C) professional engineering as defined in the |
8 | | Professional Engineering Practice Act of 1989; |
9 | | (D) land surveying as defined in the Illinois |
10 | | Professional Land Surveyor Act of 1989; or |
11 | | (E) other services requiring licensure by the |
12 | | State for an individual to practice; |
13 | | (3) serving in one or more of the positions listed in |
14 | | paragraphs (1) through (4) of subsection (a) of Section |
15 | | 4.10 and possessing all the respective duties, |
16 | | responsibilities, legal authority, powers, and privileges; |
17 | | and |
18 | | (4) owning shares in a business entity.
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19 | | (225 ILCS 310/4.20 new) |
20 | | Sec. 4.20. Application of other Acts. |
21 | | (a) The Professional Service Corporation Act, the Limited |
22 | | Liability Company Act, the Professional
Limited Liability |
23 | | Company Act, and the Business Corporation Act of 1983 shall be |
24 | | applicable to corporations, partnerships, limited liability |
25 | | companies, professional limited liability companies, sole |
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1 | | proprietorships, and professional design firms formulated or |
2 | | established under this Act, except as provided in Sections 4.10 |
3 | | and 4.15 of this Act. |
4 | | (b) This Act shall take precedence in the event of any |
5 | | conflict with the provisions of the Professional Service |
6 | | Corporation Act, the Limited Liability Company Act, the |
7 | | Professional Limited Liability Company Act, and the Business |
8 | | Corporation Act of 1983 or other laws, including the Illinois |
9 | | Architecture Practice Act of 1989, the Professional |
10 | | Engineering Practice Act of 1989, and the Structural |
11 | | Engineering Practice Act of 1989 requiring participation of one |
12 | | or more licensed design professionals to formulate or |
13 | | establish, own, govern, manage, or direct a corporation, |
14 | | partnership, limited liability company, professional limited |
15 | | liability company, sole proprietorship, or professional design |
16 | | firm.
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17 | | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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18 | | (Section scheduled to be repealed on January 1, 2022) |
19 | | Sec. 5. Powers and duties of the Department. Subject to the
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20 | | provisions of this Act, the Department shall exercise the |
21 | | following
functions, powers, and duties:
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22 | | (a) To conduct or authorize examinations to ascertain the |
23 | | fitness and
qualifications of applicants for registration and |
24 | | issue certificates of
registration to those who are found to be |
25 | | fit and qualified.
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1 | | (b) To prescribe rules and regulations for a method of |
2 | | examination of
candidates. The Department shall designate as |
3 | | its examination for registered interior
designers the National |
4 | | Council for Interior Design Qualification examination.
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5 | | (c) To adopt as its own rules relating to education
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6 | | requirements, those guidelines published from time to time by |
7 | | the Council for Interior Design Accreditation
Foundation for |
8 | | Interior Design Education Research or its successor entity |
9 | | equivalent .
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10 | | (d) To conduct hearings on proceedings to revoke, suspend, |
11 | | or refuse to
issue certificates of registration.
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12 | | (e) To promulgate rules and regulations required for the |
13 | | administration
of this Act.
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14 | | (f) To investigate unfair treatment of interior designers, |
15 | | both registered and non-registered, by any individual or |
16 | | business entity. Any individual reporting unfair treatment to |
17 | | the Department shall have every right to claim anonymity from |
18 | | the time of submitting a complaint through any investigation |
19 | | and disciplinary processes. |
20 | | (g) To maintain membership in the Council of Interior |
21 | | Design Qualifications (CIDQ) and participate in activities of |
22 | | the CIDQ Council of Delegates by designating at least one |
23 | | employee of the Department to attend national and regional |
24 | | meetings of the Council. All costs associated with membership |
25 | | and attendance of the delegate to any national or regional |
26 | | meetings may be funded from the Design Professionals |
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1 | | Administration and Investigation Fund. |
2 | | (h) The Department may take disciplinary action as it deems |
3 | | proper, including, but not limited to, the imposition of fines |
4 | | not to exceed $10,000 for a violation of this Act. |
5 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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6 | | Section 15. The Unified Code of Corrections is amended by |
7 | | changing Section 5-5-5 as follows:
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8 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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9 | | Sec. 5-5-5. Loss and Restoration of Rights.
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10 | | (a) Conviction and disposition shall not entail the loss by |
11 | | the
defendant of any civil rights, except under this Section |
12 | | and Sections 29-6
and 29-10 of The Election Code, as now or |
13 | | hereafter amended.
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14 | | (b) A person convicted of a felony shall be ineligible to |
15 | | hold an office
created by the Constitution of this State until |
16 | | the completion of his sentence.
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17 | | (c) A person sentenced to imprisonment shall lose his right |
18 | | to vote
until released from imprisonment.
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19 | | (d) On completion of sentence of imprisonment or upon |
20 | | discharge from
probation, conditional discharge or periodic |
21 | | imprisonment, or at any time
thereafter, all license rights and |
22 | | privileges
granted under the authority of this State which have |
23 | | been revoked or
suspended because of conviction of an offense |
24 | | shall be restored unless the
authority having jurisdiction of |
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1 | | such license rights finds after
investigation and hearing that |
2 | | restoration is not in the public interest.
This paragraph (d) |
3 | | shall not apply to the suspension or revocation of a
license to |
4 | | operate a motor vehicle under the Illinois Vehicle Code.
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5 | | (e) Upon a person's discharge from incarceration or parole, |
6 | | or upon a
person's discharge from probation or at any time |
7 | | thereafter, the committing
court may enter an order certifying |
8 | | that the sentence has been
satisfactorily completed when the |
9 | | court believes it would assist in the
rehabilitation of the |
10 | | person and be consistent with the public welfare.
Such order |
11 | | may be entered upon the motion of the defendant or the State or
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12 | | upon the court's own motion.
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13 | | (f) Upon entry of the order, the court shall issue to the |
14 | | person in
whose favor the order has been entered a certificate |
15 | | stating that his
behavior after conviction has warranted the |
16 | | issuance of the order.
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17 | | (g) This Section shall not affect the right of a defendant |
18 | | to
collaterally attack his conviction or to rely on it in bar |
19 | | of subsequent
proceedings for the same offense.
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20 | | (h) No application for any license specified in subsection |
21 | | (i) of this
Section granted under the
authority of this State |
22 | | shall be denied by reason of an eligible offender who
has |
23 | | obtained a certificate of relief from disabilities, as
defined |
24 | | in Article 5.5 of this Chapter, having been previously |
25 | | convicted of one
or more
criminal offenses, or by reason of a |
26 | | finding of lack of "good moral
character" when the finding is |
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1 | | based upon the fact that the applicant has
previously been |
2 | | convicted of one or more criminal offenses, unless:
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3 | | (1) there is a direct relationship between one or more |
4 | | of the previous
criminal offenses and the specific license |
5 | | sought; or
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6 | | (2) the issuance of the license would
involve an |
7 | | unreasonable risk to property or to the safety or welfare |
8 | | of
specific individuals or the general public.
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9 | | In making such a determination, the licensing agency shall |
10 | | consider the
following factors:
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11 | | (1) the public policy of this State, as expressed in |
12 | | Article 5.5 of this
Chapter, to encourage the licensure and |
13 | | employment of persons previously
convicted of one or more |
14 | | criminal offenses;
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15 | | (2) the specific duties and responsibilities |
16 | | necessarily related to the
license being sought;
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17 | | (3) the bearing, if any, the criminal offenses or |
18 | | offenses for which the
person
was previously convicted will |
19 | | have on his or her fitness or ability to perform
one or
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20 | | more such duties and responsibilities;
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21 | | (4) the time which has elapsed since the occurrence of |
22 | | the criminal
offense or offenses;
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23 | | (5) the age of the person at the time of occurrence of |
24 | | the criminal
offense or offenses;
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25 | | (6) the seriousness of the offense or offenses;
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26 | | (7) any information produced by the person or produced |
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1 | | on his or her
behalf in
regard to his or her rehabilitation |
2 | | and good conduct, including a certificate
of relief from |
3 | | disabilities issued to the applicant, which certificate |
4 | | shall
create a presumption of rehabilitation in regard to |
5 | | the offense or offenses
specified in the certificate; and
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6 | | (8) the legitimate interest of the licensing agency in |
7 | | protecting
property, and
the safety and welfare of specific |
8 | | individuals or the general public.
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9 | | (i) A certificate of relief from disabilities shall be |
10 | | issued only
for a
license or certification issued under the |
11 | | following Acts:
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12 | | (1) the Animal Welfare Act; except that a certificate |
13 | | of relief from
disabilities may not be granted
to provide |
14 | | for
the
issuance or restoration of a license under the |
15 | | Animal Welfare Act for any
person convicted of violating |
16 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
17 | | Care for Animals Act or Section 26-5 or 48-1 of the |
18 | | Criminal Code of
1961 or the Criminal Code of 2012;
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19 | | (2) the Illinois Athletic Trainers Practice Act;
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20 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
21 | | and Nail Technology Act of 1985;
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22 | | (4) the Boiler and Pressure Vessel Repairer Regulation |
23 | | Act;
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24 | | (5) the Boxing and Full-contact Martial Arts Act;
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25 | | (6) the Illinois Certified Shorthand Reporters Act of |
26 | | 1984;
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1 | | (7) the Illinois Farm Labor Contractor Certification |
2 | | Act;
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3 | | (8) the Interior Design Profession Title Act;
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4 | | (9) the Illinois Professional Land Surveyor Act of |
5 | | 1989;
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6 | | (10) the Illinois Landscape Architecture Act of 1989;
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7 | | (11) the Marriage and Family Therapy Licensing Act;
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8 | | (12) the Private Employment Agency Act;
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9 | | (13) the Professional Counselor and Clinical |
10 | | Professional Counselor
Licensing and Practice
Act;
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11 | | (14) the Real Estate License Act of 2000;
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12 | | (15) the Illinois Roofing Industry Licensing Act; |
13 | | (16) the Professional Engineering Practice Act of |
14 | | 1989; |
15 | | (17) the Water Well and Pump Installation Contractor's |
16 | | License Act; |
17 | | (18) the Electrologist Licensing Act;
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18 | | (19) the Auction License Act; |
19 | | (20) the Illinois Architecture Practice Act of 1989; |
20 | | (21) the Dietitian Nutritionist Practice Act; |
21 | | (22) the Environmental Health Practitioner Licensing |
22 | | Act; |
23 | | (23) the Funeral Directors and Embalmers Licensing |
24 | | Code; |
25 | | (24) the Land Sales Registration Act of 1999; |
26 | | (25) the Professional Geologist Licensing Act; |
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1 | | (26) the Illinois Public Accounting Act; and |
2 | | (27) the Structural Engineering Practice Act of 1989.
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3 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; |
4 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. |
5 | | 1-25-13; 98-756, eff. 7-16-14.)
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6 | | Section 99. Effective date. This Act takes effect upon |
7 | | becoming law.".
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