Bill Amendment: IL SB0463 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0463 Detail]
Download: Illinois-2015-SB0463-Senate_Amendment_002.html
Bill Title: REGULATION-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0463 Detail]
Download: Illinois-2015-SB0463-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 463
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2 | AMENDMENT NO. ______. Amend Senate Bill 463 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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7 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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8 | (Section scheduled to be repealed on January 1, 2022) | ||||||
9 | Sec. 3. Definitions. As used in this Act:
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10 | "Department" means the Department of Financial and | ||||||
11 | Professional
Regulation.
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12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional
Regulation.
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14 | "Board" means the Board of Registered Interior Design | ||||||
15 | Professionals established
under Section 6 of this Act.
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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.
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13 | "Registered interior designer" means a person who has | ||||||
14 | received registration
under Section 8 of this Act.
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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
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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.
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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
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7 | incorporating the words "registered interior designer" or any
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8 | title that includes the words "registered interior design".
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9 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
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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.
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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.
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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.
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11 | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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12 | (Section scheduled to be repealed on January 1, 2022) | ||||||
13 | Sec. 5. Powers and duties of the Department. Subject to the
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14 | provisions of this Act, the Department shall exercise the | ||||||
15 | following
functions, powers, and duties:
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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.
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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.
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24 | (c) To adopt as its own rules relating to education
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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 .
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4 | (d) To conduct hearings on proceedings to revoke, suspend, | ||||||
5 | or refuse to
issue certificates of registration.
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6 | (e) To promulgate rules and regulations required for the | ||||||
7 | administration
of this Act.
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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 .)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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