Bill Text: IL SB3094 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Interior Design Title Act. Removes requirement that residential interior designers be registered under the Act. Provides that the 2 additional Board members who are registered residential interior designers on the effective date of the amendatory Act shall serve out the full length of their current terms. Also makes technical changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1334 [SB3094 Detail]

Download: Illinois-2009-SB3094-Enrolled.html

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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Interior Design Title Act is amended by
changing Sections 2, 3, 4, 4.5, 5, 6, 8, 9, 10, 13, 24, 25, 26,
and 31 as follows:
(225 ILCS 310/2) (from Ch. 111, par. 8202)
(Section scheduled to be repealed on January 1, 2012)
Sec. 2. Public policy. Interior design in the State of
Illinois is hereby declared to affect the public health,
safety, and welfare and to be subject to regulation and control
in the public interest. It is further declared to be of public
interest to recognize and define the separate discipline of
residential interior design. It is further declared to be a
matter of public interest and concern that the interior design
and residential interior design professions merit and receive
the confidence of the public and that only qualified persons be
permitted to use the title of registered interior designer or
registered residential interior designer in the State of
Illinois. This Act shall be liberally construed to carry out
these objectives and purposes.
(Source: P.A. 95-1023, eff. 6-1-09.)

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(225 ILCS 310/3) (from Ch. 111, par. 8203)
(Section scheduled to be repealed on January 1, 2012)
Sec. 3. Definitions. As used in this Act:
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Registered Interior Design
Professionals established under Section 6 of this Act.
"Public member" means a person who is not an interior
designer, educator in the field, architect, structural
engineer, or professional engineer. For purposes of board
membership, any person with a significant financial interest in
the design or construction service or profession is not a
public member.
"Registered interior designer" means a person who has
received registration under Section 8 of this Act.
"Registered residential interior designer" means a person
who is registered under this Act to provide design services for
single family private dwellings, including single family
private residences or dwellings within a multiple residence,
excluding the common areas.
"Family" means one or more persons who are living together
in a single dwelling and maintaining a common household.
"Multiple residence" means a building containing 2 or more
living units with independent cooking and bathroom facilities

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whether designated as an apartment house, condominium, co-op,
tenement, or garden apartment, or called by any other name.
"Common area" means an area that is held out for use by all
tenants and owners in a multiple residence including but not
limited to a lobby, elevator, hallway, laundry room, swimming
pool, storage room, or recreation area.
"The profession of interior design", within the meaning and
intent of this Act, refers to persons qualified by education,
experience, and examination, who administer contracts for
fabrication, procurement, or installation in the
implementation of designs, drawings, and specifications for
any interior design project and offer or furnish professional
services, such as consultations, studies, drawings, and
specifications in connection with the location of lighting
fixtures, lamps and specifications of ceiling finishes as shown
in reflected ceiling plans, space planning, furnishings, or the
fabrication of non-loadbearing structural elements within and
surrounding interior spaces of buildings but specifically
excluding mechanical and electrical systems, except for
specifications of fixtures and their location within interior
spaces.
A person represents himself or herself to be a "registered
interior designer" within the meaning of this Act if he or she
holds himself or herself out to the public by any title
incorporating the words "registered interior designer" or any
title that includes the words "registered interior design". A

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person represents himself or herself to be a "registered
residential interior designer" within the meaning of this Act
if he or she holds himself or herself out to the public by any
title incorporating the words "registered residential interior
designer" or any title that includes the words "registered
residential interior design".
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/4) (from Ch. 111, par. 8204)
(Section scheduled to be repealed on January 1, 2012)
Sec. 4. Title; application of Act.
(a) No individual shall, without a valid registration as an
interior designer issued by the Department, in any manner hold
himself or herself out to the public as a registered interior
designer or attach the title "registered interior designer" or
any other name or designation which would in any way imply that
he or she is able to use the title "registered interior
designer" as defined in this Act. No individual shall, without
a valid registration as a registered residential interior
designer issued by the Department, in any manner hold himself
or herself out to the public as a registered residential
interior designer, or use the title "registered residential
interior designer" or any name or designation that would in any
way imply that he or she is able to use the title "registered
residential interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as preventing

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or restricting the services offered or advertised by an
interior designer who is registered under this Act.
(b) Nothing in this Act shall prevent the employment, by a
registered interior designer or registered residential
interior designer, association, partnership, or a corporation
furnishing interior design or residential interior design
services for remuneration, of persons not registered as
interior designers or residential interior designers to
perform services in various capacities as needed, provided that
the persons do not represent themselves as, or use the title
of, "registered interior designer" or "registered residential
interior designer".
(c) Nothing in this Act shall be construed to limit the
activities and use of the title "interior designer" or
"residential interior designer" on the part of a person not
registered under this Act who is a graduate of an interior
design program and a full-time employee of a duly chartered
institution of higher education insofar as such person engages
in public speaking, with or without remuneration, provided that
such person does not represent himself or herself to be a
registered an interior designer or use the title "registered
interior designer" or "registered residential interior
designer".
(d) Nothing contained in this Act shall restrict any person
not registered under this Act from carrying out any of the
activities listed in the definition of "the profession of

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interior design" in Section 3 if such person does not represent
himself or herself or his or her services in any manner
prohibited by this Act.
(e) Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of any person
licensed in this State under any other law from engaging in the
profession or occupation for which he or she is licensed.
(f) Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of engineers
licensed under the Professional Engineering Practice Act of
1989 or the Structural Engineering Practice Act of 1989;
architects licensed pursuant to the Illinois Architectural
Practice Act of 1989; any interior decorator or individual
offering interior decorating services including, but not
limited to, the selection of surface materials, window
treatments, wall coverings, furniture, accessories, paint,
floor coverings, and lighting fixtures; or builders, home
furnishings salespersons, and similar purveyors of goods and
services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services.
Nothing in this Act shall be construed as requiring the
services of a registered interior designer or registered
residential interior designer for the interior designing of a
single family residence.
(h) Nothing in this Act shall authorize registered interior

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designers or registered residential interior designers to
perform services, including life safety services that they are
prohibited from performing, or any practice (i) that is
restricted in the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, or the
Structural Engineering Practice Act of 1989, or (ii) that they
are not authorized to perform under the Environmental Barriers
Act.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/4.5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 4.5. Unregistered practice; violation; civil penalty.
(a) Any person who holds himself or herself out to be a
registered interior designer without being registered under
this Act shall, in addition to any other penalty provided by
law, pay a civil penalty to the Department in an amount not to
exceed $5,000 for each offense as determined by the Department.
The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in
this Act regarding the provision of a hearing for the
discipline of a licensee.
(b) The Department has the authority and power to
investigate any illegal use of the title of registered interior
designer or registered residential interior designer.
(c) The civil penalty shall be paid within 60 days after

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the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/5) (from Ch. 111, par. 8205)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5. Powers and duties of the Department. Subject to the
provisions of this Act, the Department shall exercise the
following functions, powers, and duties:
(a) To conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for registration and
issue certificates of registration to those who are found to be
fit and qualified.
(b) To prescribe rules and regulations for a method of
examination of candidates. The Department shall designate as
its examination for registered interior designers the National
Council for Interior Design Qualification examination. The
Department shall designate as its examination for registered
residential interior designers the Council for Qualification
of Residential Interior Designers Examination.
(c) To adopt as its own rules relating to education
requirements, those guidelines published from time to time by
the Foundation for Interior Design Education Research or its
equivalent.

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(d) To conduct hearings on proceedings to revoke, suspend,
or refuse to issue certificates of registration.
(e) To promulgate rules and regulations required for the
administration of this Act.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/6) (from Ch. 111, par. 8206)
(Section scheduled to be repealed on January 1, 2012)
Sec. 6. Board of Registered Interior Design Professionals.
There is created a Board of Registered Interior Design
Professionals to be composed of persons designated from time to
time by the Director, as follows:
(a) For the first year, 5 persons, 4 of whom have been
interior designers for a period of 5 years or more who would
qualify upon application to the Department under this Act to be
registered interior designers, and one public member. After the
initial appointments, each interior design member shall hold a
valid registration as a registered interior designer design.
After the effective date of this amendatory Act of 1994, 2
additional persons shall be appointed to the Board who have
been residential interior designers for a period of 5 years or
more and who would qualify upon application under this Act to
be registered as a residential interior designer. After the
initial appointments of the 2 additional members, each
residential interior designer member shall hold a valid
registration as a registered residential interior designer.

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The Board shall annually elect a chairman.
(b) Terms for all members shall be 3 years. For initial
appointments, one member shall be appointed to serve for one
year, 2 shall be appointed to serve for 2 years, and the
remaining shall be appointed to serve for 3 years and until
their successors are appointed and qualified. Initial terms
shall begin on the effective date of this Act. For the initial
appointments of the 2 additional members added by this
amendatory Act of 1994, one shall be appointed to serve for one
year and the other to serve for 2 years, and until their
successors are appointed and qualified. Partial terms over 2
years in length shall be considered as full terms. A member may
be reappointed for a successive term, but no member shall serve
more than 2 full terms.
(c) The membership of the Board should reasonably reflect
representation from the various geographic areas of the State.
(d) In making appointments to the Board, the Director shall
give due consideration to recommendations by national and state
organizations of the interior design profession and the
residential interior design profession, and shall promptly
give due notice to such organizations of any vacancy in the
membership of the Board. The Director may terminate the
appointment of any member for any cause, which in the opinion
of the Director, reasonably justifies such termination.
(e) Three members shall constitute a quorum. A quorum is
required for all Board decisions A vacancy in the membership of

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the Board shall not impair the right of a quorum to exercise
all the rights and perform all the duties of the Board.
(f) The members of the Board shall each receive as
compensation a reasonable sum as determined by the Director for
each day actually engaged in the duties of the office, and all
legitimate and necessary expenses incurred in attending the
meeting of the Board.
(g) Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/8) (from Ch. 111, par. 8208)
(Section scheduled to be repealed on January 1, 2012)
Sec. 8. Requirements for registration.
(a) Each applicant for registration shall apply to the
Department in writing on a form provided by the Department.
Except as otherwise provided in this Act, each applicant shall
take and pass the examination approved by the Department. Prior
to registration, the applicant shall provide substantial
evidence to the Board that the applicant:
(1) is a graduate of a 5 year interior design program
from an accredited institution and has completed at least 2
years of full time diversified interior design experience;
(2) is a graduate of a 4 year interior design program
from an accredited institution and has completed at least 2

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years of full time diversified interior design experience;
(3) has completed at least 3 years of interior design
curriculum from an accredited institution and has
completed 3 years of full time diversified interior design
experience;
(4) is a graduate of a 2 year interior design program
from an accredited institution and has completed 4 years of
full time diversified interior design experience; or
(5) (blank). holds a high school diploma or GED and has
completed 5 years of full time diversified residential
interior design experience.
(b) In addition to providing evidence of meeting the
requirements of subsection (a):
(1) Each applicant for registration as a registered
interior designer shall provide substantial evidence that
he or she has successfully completed the examination
administered by the National Council for Interior Design
Qualifications.
(2) (Blank). Each applicant for registration as a
registered residential interior designer shall provide
substantial evidence that he or she has successfully
completed the examination administered by the Council for
Qualification of Residential Interior Designers.
Examinations for applicants under this Act may be held at
the direction of the Department from time to time but not less
than once each year. The scope and form of the examination

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shall conform to the National Council for Interior Design
Qualification examination for interior designers and the
Council for Qualification of Residential Interior Designers
for residential interior designers.
Each applicant for registration who possesses the
necessary qualifications shall pay to the Department the
required registration fee, which is not refundable.
An individual applying for registration shall have 3 years
from the date of application to complete the application
process. If the process has not been completed in 3 years, the
application shall be denied and the fee forfeited. The
applicant may reapply, but shall meet the requirements in
effect at the time of reapplication.
(c) (Blank).
(c-5) (Blank).
(d) Upon payment of the required fee, which shall be
determined by rule, an applicant who is an architect licensed
under the laws of this State may, without examination, be
granted registration as a registered interior designer or
registered residential interior designer by the Department
provided the applicant submits proof of an active architectural
license in Illinois.
(e) (Blank). An interior designer registered under the laws
of this State may, without examination or re-application, use
the title "Registered Residential Interior Designer".
(Source: P.A. 95-1023, eff. 6-1-09.)

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(225 ILCS 310/9) (from Ch. 111, par. 8209)
(Section scheduled to be repealed on January 1, 2012)
Sec. 9. Expiration; renewal; restoration.
(a) The expiration date and renewal period for each
certificate of registration issued under this Act shall be set
by rule. A registrant may renew such registration during the
month preceding its expiration date by paying the required
renewal fee.
(b) Inactive status.
(1) Any registrant who notifies the Department in
writing on forms prescribed by the Department may elect to
place his or her certificate of registration on an inactive
status and shall, subject to rules of the Department, be
excused from payment of renewal fees until he or she
notifies the Department in writing of his or her desire to
resume active status.
(2) Any registrant requesting restoration from
inactive status shall be required to pay the current
renewal fee and shall be required to restore his or her
registration.
(3) Any registrant whose registration is on inactive
status shall not use the title "registered interior
designer" or "registered residential interior designer" in
the State of Illinois.
(4) Any registrant who uses the title "registered

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interior designer" or "registered residential interior
designer" while his or her certificate of registration is
lapsed or inactive shall be considered to be using the
title without a registration which shall be grounds for
discipline under Section 13 of this Act.
(c) Any registrant whose registration has expired may have
his or her certificate of registration restored at any time
within 5 years after its expiration, upon payment of the
required fee.
(d) Any person whose registration has been expired for more
than 5 years may have his or her registration restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have his
or her registration restored, including sworn evidence
certifying to active lawful practice in another jurisdiction,
and by paying the required restoration fee. A person using the
title "registered interior designer" or "registered
residential interior designer" on an expired registration is
deemed to be in violation of this Act.
(e) If a person whose certificate of registration has
expired has not maintained active status in another
jurisdiction, the Department shall determine, by an evaluation
process established by rule, his or her fitness to resume
active status and may require the person to complete a period
of evaluated practical experience, and may require successful
completion of an examination.

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(f) Any person whose certificate of registration has
expired while he or she has been engaged (1) in federal or
State service active duty, or (2) in training or education
under the supervision of the United States preliminary to
induction into the military service, may have his or her
registration restored without paying any lapsed renewal or
restoration fee if, within 2 years after termination of such
service, training or education, he or she furnishes the
Department with satisfactory proof that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
(g) An individual applying for restoration of a
registration shall have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied and the
fee forfeited. The applicant may reapply, but shall meet the
requirement in effect at the time of reapplication.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/10) (from Ch. 111, par. 8210)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10. Foreign applicants. Upon payment of the required
fee, an applicant who is an interior designer or residential
interior designer registered or licensed under the laws of
another state or territory of the United States or a foreign
country or province shall, without further examination, be

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granted registration as an interior designer or residential
interior designer, as the case may be, by the Department:
(a) whenever the requirements of such state or territory of
the United States or a foreign country or province were, at the
date of registration or licensure, substantially equal to the
requirements then in force in this State; or
(b) whenever such requirements of another state or
territory of the United States or a foreign country or province
together with educational and professional qualifications, as
distinguished from practical experience, of the applicant
since obtaining a license as an interior designer or
residential interior designer in such state or territory of the
United States are substantially equal to the requirements in
force in Illinois at the time of application for registration.
(Source: P.A. 87-756; 88-650, eff. 9-16-94.)
(225 ILCS 310/13) (from Ch. 111, par. 8213)
(Section scheduled to be repealed on January 1, 2012)
Sec. 13. Refusal, revocation or suspension of
registration. The Department may refuse to issue, renew, or
restore or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any registration for any one or
combination of the following causes:
(a) Fraud in procuring the certificate of

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registration.
(b) Habitual intoxication or addiction to the use of
drugs.
(c) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade, or induce
patronage.
(d) Professional connection or association with, or
lending his or her name, to another for illegal use of the
title "registered interior designer" or "registered
residential interior designer", or professional connection
or association with any person, firm, or corporation
holding itself out in any manner contrary to this Act.
(e) Obtaining or seeking to obtain checks, money, or
any other items of value by false or fraudulent
representations.
(f) Use of the title under a name other than his or her
own.
(g) Improper, unprofessional, or dishonorable conduct
of a character likely to deceive, defraud, or harm the
public.
(h) Conviction in this or another state, or federal
court, of any crime which is a felony, if the Department
determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public
trust.
(i) A violation of any provision of this Act or its

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rules.
(j) Revocation by another state, the District of
Columbia, territory, or foreign nation of an interior
design or residential interior design registration if at
least one of the grounds for that revocation is the same as
or the equivalent of one of the grounds for revocation set
forth in this Act.
(k) Mental incompetence as declared by a court of
competent jurisdiction.
(l) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the registrant
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
The Department shall deny a registration or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a certificate of
registration or renewal if such person has established a
satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest showing in a filed return, or
to pay any final assessment of tax, penalty, or interest, as

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required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied.
The entry of a decree by any circuit court establishing
that any person holding a certificate of registration under
this Act is a person subject to involuntary admission under the
Mental Health and Developmental Disabilities Code shall
operate as a suspension of that registration. That person may
resume using the title "registered interior designer" or
"registered residential interior designer" only upon a finding
by the Board that he or she has been determined to be no longer
subject to involuntary admission by the court and upon the
Board's recommendation to the Director that he or she be
permitted to resume using the title "registered interior
designer" or "registered residential interior designer".
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/24) (from Ch. 111, par. 8224)
(Section scheduled to be repealed on January 1, 2012)
Sec. 24. Reports of violation. Any person registered under
this Act, or any other person, may report to the Department any
information that person may have which appears to show that an
interior designer or residential interior designer is or may be
in violation of this Act.
(Source: P.A. 88-650, eff. 9-16-94.)

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(225 ILCS 310/25) (from Ch. 111, par. 8225)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25. Injunctions. The use of the title "registered
interior designer" or "registered residential interior
designer", as defined in Section 3, by any person not holding a
valid and current registration under this Act is declared to be
inimical to the public welfare, to constitute a public
nuisance, and to cause irreparable harm to the public welfare.
The Director, the Attorney General, the State's Attorney of any
county in the State, or any person may maintain an action in
the name of the People of the State of Illinois, and may apply
for an injunction in the circuit court to enjoin any such
person from engaging in the unlawful use of the title
"registered interior designer" or "registered residential
interior designer". Upon the filing of a verified petition, the
court or any judge, if satisfied by affidavit or otherwise that
such person has been engaged in such use without a valid and
current registration, may issue a temporary injunction without
notice or bond, enjoining the defendant from any such further
use. Only the showing of the person's lack of registration, by
affidavit or otherwise, is necessary in order for a temporary
injunction to issue. A copy of the verified complaint shall be
served upon the defendant and the proceedings shall be
conducted as in other civil cases except as modified by this
Section. If it is established that the defendant has been or is
engaged in any such unlawful use, the court or any judge may

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enter an order or judgment perpetually enjoining the defendant
from further such use. In all proceedings under this Section,
the court, in its discretion, may apportion the costs among the
parties interested in the suit, including cost of filing the
complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorney's fees. In case of
violation of any injunction issued under this Section, the
court or any judge may summarily try and punish the offender
for contempt of court. Such injunction proceedings are in
addition to, and not in lieu of, all penalties and other
remedies provided in this Act.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/26) (from Ch. 111, par. 8226)
(Section scheduled to be repealed on January 1, 2012)
Sec. 26. Unlawful use; second offenses. Any person who uses
the title "registered interior designer" or "registered
residential interior designer" in this State without being
registered under this Act, or whose registration has been
suspended, inactive, or revoked, or who violates any of the
provisions of this Act is guilty of a Class A misdemeanor. Any
person who has been previously convicted of violating this Act
and who subsequently violates any of the provisions of this Act
is guilty of a Class 4 felony. In addition, whenever any person
is punished as a subsequent offender under this Section, the
Director may proceed to obtain a permanent injunction against

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such person under Section 25 of this Act.
(Source: P.A. 95-1023, eff. 6-1-09.)
(225 ILCS 310/31) (from Ch. 111, par. 8231)
(Section scheduled to be repealed on January 1, 2012)
Sec. 31. Home rule. The regulation and registration of
interior designers and residential interior designers are
exclusive powers and functions of the State. A home rule unit
may not regulate or register interior designers or residential
interior designers. This Section is a limitation and denial of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(Source: P.A. 88-650, eff. 9-16-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.