Public Act 102-0284
 
SB0214 EnrolledLRB102 09917 SPS 15235 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the 
Landscape Architecture Registration Act.
 
    Section 5. Purpose. It is the purpose of this Act to 
provide for the registration of landscape architects. This Act 
shall be liberally construed to carry out these objectives and 
purposes.
 
    Section 10. Definitions. As used in this Act:
    "Address of record" means the designated address recorded 
by the Department in the applicant's application file or 
registrant's registration file as maintained by the 
Department.
    "Department" means the Department of Financial and 
Professional Regulation.
    "Email address of record" means the designated email 
address of record by the Department in the applicant's 
application file or registrant's registration file as 
maintained by the Department.
    "Landscape architecture" means the art and science of 
arranging land, together with the spaces and objects upon it, 
for the purpose of creating a safe, efficient, healthful, and 
aesthetically pleasing physical environment for human use and 
enjoyment, as performed by landscape architects.
    "Landscape architectural practice" means the offering or 
furnishing of professional services in connection with a 
landscape architecture project that do not require the seal of 
an architect, land surveyor, professional engineer, or 
structural engineer. These services may include, but are not 
limited to, providing preliminary studies; developing design 
concepts; planning for the relationships of physical 
improvements and intended uses of the site; establishing form 
and aesthetic elements; developing those technical details on 
the site that are exclusive of any building or structure; 
preparing and coordinating technical submissions; and 
conducting site observation of a landscape architecture 
project.
    "Registered landscape architect" means a person who, based 
on education, experience, and examination in the field of 
landscape architecture, is registered under this Act.
    "Secretary" means the Secretary of Financial and 
Professional Regulation. The Secretary may designate his or 
her duties under this Act to a designee of his or her choice, 
including, but not limited to, the Director of Professional 
Regulation.
 
    Section 15. Title. 
    (a) No person shall use the title "registered landscape 
architect" or "landscape architect" without being so 
registered by the Department.
    (b) Nothing in this Act shall be construed as preventing 
or restricting the offering, advertising, or providing of 
services defined as landscape architecture practice under this 
Act by an individual not registered under this Act.
 
    Section 20. Seal.
    (a) Every registered landscape architect shall have a 
reproducible seal, which may be computer generated, the 
impression of which shall contain the name of the registered 
landscape architect, the registered landscape architect's 
registration number, and the words "Registered Landscape 
Architect, State of Illinois". The registered landscape 
architect shall be responsible for his or her seal and 
signature as defined by rule.
    (b) Notwithstanding the requirements of this Section, an 
architect, land surveyor, professional engineer, or structural 
engineer licensed by the Department shall be permitted to 
affix his or her seal to any plans, specifications, and 
reports prepared by or under his or her supervision in 
connection with the incidental practice of landscape 
architecture.
 
    Section 23. Technical submissions. 
    (a) As used in this Section, "technical submissions" 
includes the designs, drawings, and specifications that 
establish the scope of a landscape architecture project; the 
standard of quality for materials, workmanship, equipment, and 
systems; and the studies and other technical reports and 
calculations prepared in the course of the practice of 
landscape architecture.
    (b) A registered landscape architect shall not exercise 
authority in preparing technical submissions that require the 
involvement of an architect, professional engineer, structural 
engineer, or professional land surveyor licensed in Illinois.
    (c) The registered landscape architect who has contract 
responsibility shall seal a cover sheet of the technical 
submissions and those individual portions of the technical 
submissions for which the registered landscape architect is 
legally and professionally responsible.
 
    Section 25. Display of registration. Every holder of a 
registered landscape architect registration shall display his 
or her certificate of registration in a conspicuous place in 
his or her principal office, place of business, or place of 
employment.
 
    Section 30. Address of record; email address of record. 
All applicants and registrants shall:
        (1) provide a valid address and email address to the 
    Department, which shall serve as the address of record and 
    email address of record, respectively, at the time of 
    application for registration or renewal of registration; 
    and
        (2) inform the Department of any change of address of 
    record or email address of record within 14 days after 
    such change either through the Department's website or by 
    contacting the Department.

 
    Section 33. Registered Landscape Architecture Registration 
Board. 
    (a) The Secretary shall appoint a Registered Landscape 
Architecture Registration Board. The Board shall consist of 5 
persons who shall serve in an advisory capacity to the 
Secretary. All members of the Board shall be residents of 
Illinois. Four members shall be registered under this Act and 
have not been disciplined within the last 10-year period under 
this Act or the Illinois Landscape Architecture Act of 1989. 
In addition to the 4 registered landscape architects, there 
shall be one public member. The public member shall be a voting 
member and shall not be registered under this Act or licensed 
under any other design profession licensing Act that the 
Department administers.
    (b) Board members shall serve 5-year terms and until their 
successors are appointed and qualified.
    (c) In appointing members to the Board, the Secretary 
shall give due consideration to recommendations by members and 
organizations of the landscape architecture profession.
    (d) The membership of the Board should reasonably reflect 
representation from the geographic areas in this State.
    (e) No member shall be reappointed to the Board for a term 
that would cause his or her   continuous service on the Board to 
be longer than 2 consecutive 5-year terms.
    (f) An appointment to fill a vacancy for the unexpired 
portion of the vacated term shall be made in the same manner as 
an initial appointment.
    (g) Three members shall constitute a quorum. A quorum is 
required for Board decisions.
    (h) The Secretary may terminate the appointment of any 
member for cause that, in the opinion of the Secretary, 
reasonably justified such termination, which may include, but 
is not limited to, a Board member who does not attend 2 
consecutive meetings.
    (i) Members of the Board may be reimbursed for all 
legitimate, necessary, and authorized expenses.
    (j) The Department may at any time seek the expert advice 
and knowledge of the Board on any matter relating to the 
enforcement of this Act.
 
    Section 34. Powers and duties of the Board. 
    (a) The Board shall hold at least one meeting each year, 
conducted in accordance with the Open Meetings Act.
    (b) The Board shall annually elect a chairperson and a 
vice chairperson who shall be registered landscape architects.
    (c) The Department may, at any time, seek the expert 
advice and knowledge of the Board on any matter relating to the 
enforcement of this Act, including qualifications of 
applicants for registration.
 
    Section 35. Powers and duties of the Department. The 
Department shall exercise, subject to the provisions of this 
Act, the following functions, powers, and duties:
        (1) Authorize examinations to ascertain the fitness 
    and qualifications of applicants for registration and pass 
    upon the qualifications and fitness of applicants for 
    registration by endorsement.
        (2) Adopt rules and regulations required for the 
    administration of this Act.
        (3) Conduct hearings on proceedings to refuse to 
    issue, renew, or restore registrations, revoke, suspend, 
    place on probation, or reprimand persons registered under 
    provisions of this Act.
        (4) Adopt rules to establish what constitutes an 
    approved landscape architecture program.
        (5) Adopt rules to establish what constitutes 
    landscape architecture experience.
        (6) Issue certificates of registration to those who 
    meet the requirements of this Act.
        (7) Conduct investigations related to possible 
    violations of this Act.
 
    Section 40. Application for registration.

    (a) Applications for registration shall be made to the 
Department in writing on forms or electronically as prescribed 
by the Department and shall be accompanied by the required 
fee, which shall not be refundable. All applications shall 
contain information that, in the judgment of the Department, 
enables the Department to pass on the qualifications of the 
applicant for registration as a registered landscape 
architect. The Department may require an applicant, at the 
applicant's expense, to have an evaluation of the applicant's 
education in a foreign country by a nationally recognized 
evaluation service approved by the Department in accordance 
with rules adopted by the Department.
    (b) Applicants 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, 
the fee shall be forfeited, and the applicant must reapply and 
meet the requirements in effect at the time of reapplication.
 
    Section 45. Qualifications for registration.

    (a) To qualify for registration as a registered landscape 
architect, each applicant shall:
        (1) provide proof of graduation from an approved 
    landscape architecture program as approved by rule;
        (2) provide proof of experience for registration as 
    approved by rule; and
        (3) provide proof of successful passage of an 
    examination as approved by rule.
    (b) Upon payment of the required fee and meeting other 
requirements as determined by rule, an applicant who is 
actively registered or licensed as a landscape architect under 
the laws of another jurisdiction of the United States may, 
without examination, be granted registration as a registered 
landscape architect by the Department.
 
    Section 50. Registration, renewal, and restoration.

    (a) The expiration date and renewal period for each 
certificate of registration issued under this Act shall be 
established by rule. A registrant may renew a certificate of 
registration during the month preceding its expiration date by 
paying the required fee.
    (b) A registered landscape architect who has permitted his 
or her registration to expire or has had his or her 
registration placed on inactive status 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, 
but not limited to, sworn evidence certifying active lawful 
practice in another jurisdiction satisfactory to the 
Department and by paying the required fee as determined by 
rule.
    (c) A registered landscape architect whose registration 
expired while engaged (1) in federal service on active duty 
with the Armed Forces of the United States or the State Militia 
called into service or training or (2) in training or 
education under the supervision of the United States 
preliminary to induction into the military service, may have a 
registration restored or reinstated without paying any lapsed 
reinstatement, renewal, or restoration fees if within 2 years 
after termination other than by dishonorable discharge of such 
service, training, or education and the Department is 
furnished with satisfactory evidence that the registrant has 
been so engaged in the practice of landscape architecture and 
that such service, training, or education has been so 
terminated.
 
    Section 55. Prior registrations under the Illinois 
Landscape Architecture Act of 1989. A person who was actively 
registered under the Illinois Landscape Architecture Act of 
1989 and had renewed his or her registration before January 1, 
2020, may have his or her registration restored without fee 
upon the effective date of the rules adopted under this Act.
 
    Section 60. Inactive status.

    (a) A person registered under this Act who notifies the 
Department in writing on forms or electronically as prescribed 
by the Department may elect to place his or her registration on 
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 on forms or electronically 
as prescribed by the Department of his or her desire to resume 
active status.
    (b) Any registrant whose registration is on inactive 
status shall not use the title "registered landscape 
architect" or "landscape architect" in the State of Illinois.
    (c) Any registrant who uses the title "registered 
landscape architect" or "landscape architect" while his or her 
registration is inactive shall be considered to be using the 
title without a registration that shall be grounds for 
discipline under this Act.
 
    Section 65. Fees. The Department shall establish by rule a 
schedule of fees for the administration and maintenance of 
this Act. These fees are not refundable.
 
    Section 70. Disposition of funds. All of the fees 
collected as authorized under this Act shall be deposited into 
the General Professions Dedicated Fund. The moneys deposited 
into the General Professions Dedicated Fund may be used for 
the expenses of the Department in the administration of this 
Act. Moneys from the Fund may also be used for direct and 
allocable indirect costs related to the public purposes of the 
Department of Financial and Professional Regulation. Moneys in 
the Fund may be transferred to the Professions Indirect Cost 
Fund as authorized by Section 2105-300 of the Department of 
Professional Regulation Law.
 
    Section 75. Advertising. Any person registered under this 
Act may advertise the availability of professional services in 
the public media or on the premises where such professional 
services are rendered provided that such advertising is 
truthful and not misleading. 
 
    Section 80. Violation; injunction; cease and desist order.

    (a) If any person violates the provisions of this Act, the 
Secretary may, in the name of the People of the State of 
Illinois, through the Attorney General of the State of 
Illinois or the State's Attorney of any county in which the 
action is brought, petition for an order enjoining such 
violation and for an order enforcing compliance with this Act. 
Upon the filing of a verified petition in court, the court may 
issue a temporary restraining order, without notice or bond, 
and may preliminarily and permanently enjoin such violation. 
If it is established that such person has violated or is 
violating the injunction, the Court may punish the offender 
for contempt of court. Proceedings under this Section shall be 
in addition to, and not in lieu of, all other remedies and 
penalties provided by this Act.
    (b) Whoever holds himself or herself out as a "registered 
landscape architect", "landscape architect", or any other name 
or designation that would in any way imply that he or she is 
able to use the title "registered landscape architect" or 
"landscape architect" without being registered under this Act 
shall be guilty of a Class A misdemeanor, and for each 
subsequent conviction shall be guilty of a Class 4 felony.
 
    Section 85. Grounds for discipline.

    (a) The Department may refuse to issue or to renew a 
certificate of registration, or may revoke, suspend, place on 
probation, reprimand, or take other disciplinary or 
nondisciplinary action the Department may deem proper, 
including fines not to exceed $10,000 for each violation, with 
regard to any certificate of registration issued under this 
Act, for any one or combination of the following reasons:
        (1) Material misstatement in furnishing information.
        (2) Negligent or intentional disregard of this Act or 
    rules adopted under this Act.
        (3) Conviction of or plea of guilty or nolo 
    contendere, finding of guilt, jury verdict, or entry of 
    judgment or sentencing, including, but not limited to, 
    convictions, preceding sentences of supervision, 
    conditional discharge, or first offender probation under 
    the laws of any jurisdiction of the United States that is 
    (i) a felony, (ii) a misdemeanor, an essential element of 
    which is dishonesty, or (iii) any crime that is directly 
    related to the practice of landscape architecture.
        (4) Making any misrepresentations for the purpose of 
    obtaining a certificate of registration.
        (5) Professional incompetence or gross negligence in 
    the rendering of landscape architectural services.
        (6) Aiding or assisting another person in violating 
    any provision of this Act or any rules and regulations 
    issued pursuant to this Act.
        (7) Failing to provide information within 60 days in 
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or 
    unprofessional conduct of a character likely to deceive, 
    defraud, or harm the public.
        (9) Habitual or excessive use or abuse of drugs 
    defined by law as controlled substances, alcohol, 
    narcotics, stimulants, or any other substances that 
    results in the inability to practice with reasonable 
    judgment, skill, or safety.
        (10) Discipline by another jurisdiction, if at least 
    one of the grounds for the discipline is the same or 
    substantially equivalent to those set forth in this 
    Section.
        (11) Directly or indirectly giving to or receiving 
    from any person, firm, corporation, partnership, or 
    association any fee, commission, rebate, or other form of 
    compensation for any professional service not actually 
    rendered.
        (12) A finding by the Department that the registrant, 
    after having the registration placed on probationary 
    status, has violated or failed to comply with the terms of 
    probation.
        (13) A finding by the Department that the registrant 
    has failed to pay a fine imposed by the Department.
        (14) Being named as a perpetrator in an indicated 
    report by the Department of Children and Family Services 
    under 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.
        (15) Solicitation of professional services by using 
    false or misleading advertising.
        (16) Inability to practice the profession with 
    reasonable judgment, skill, or safety as a result of 
    physical illness, including, but not limited to, 
    deterioration through the aging process, loss of motor 
    skill, mental illness, or disability.
        (17) Using or attempting to use an expired, inactive, 
    suspended, or revoked registration, or the seal of another 
    registrant, or impersonating another registrant.
        (18) Signing, affixing, or allowing the registered 
    landscape architect's seal to be affixed to any plans not 
    prepared by the registered landscape architect or under 
    the registered landscape architect's supervision.
    (b) The Department may refuse to issue or may suspend the 
registration of any person who fails to file a return, fails to 
pay the tax, penalty, or interest showing in a filed return, or 
fails to pay any final assessment of tax, penalty, or 
interest, as required by any tax Act administered by the 
Department of Revenue, until any such tax Act are satisfied.
    (c) 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 landscape architect" or "landscape architect" only 
upon a finding by the Department that he or she has been 
determined to be no longer subject to involuntary admission by 
the court and meeting the requirements for restoration as 
required by this Act and its rules.
 
    Section 90. Investigation; notice and hearing.

    (a) The Department may investigate the actions of any 
applicant or of any person holding or claiming to hold a 
certificate of registration under this Act.
    (b) The Department shall, before disciplining an applicant 
or registrant, at least 30 days prior to the date set for the 
hearing, (i) notify in writing the applicant or registrant of 
the charges made and the time and place for the hearing on the 
charges, (ii) direct the applicant or registrant to file a 
written answer to the charges under oath within 20 days after 
the service of the notice, and (iii) inform the applicant or 
registrant that failure to file a written answer to the 
charges will result in a default judgment being entered 
against the applicant or registrant.
    (c) Written or electronic notice, and any notice in the 
subsequent proceeding, may be served by personal delivery, by 
email, or by mail to the applicant or registrant at their 
address of record or email address of record.
    (d) At the time and place fixed in the notice, the hearing 
officer appointed by the Secretary shall proceed to hear the 
charges and the parties or their counsel shall be accorded 
ample opportunity to present any statement, testimony, 
evidence, and argument as may be pertinent to the charges or to 
their defense. The hearing officer may continue the hearing 
from time to time.
    (e) In case the registrant or applicant, after receiving 
the notice, fails to file an answer, their registration may, 
in the discretion of the Secretary, be suspended, revoked, 
placed on probationary status, or be subject to whatever 
disciplinary action the Secretary considers proper, including 
limiting the scope, nature, or extent of the person's practice 
or imposition of a fine, without hearing, if the act or acts 
charged constitute sufficient grounds for such action under 
this Act.
 
    Section 95. Record of proceedings.

    (a) The Department, at its expense, shall provide a 
certified shorthand reporter to take down the testimony and 
preserve a record of all proceedings in which a registrant may 
have their registration revoked or suspended or in which the 
registrant may be placed on probationary status, reprimanded, 
fined, or subjected to other disciplinary action with 
reference to the registration when a disciplinary action is 
authorized under this Act and rules issued pursuant to this 
Act. The notice of hearing, complaint, and all other documents 
in the nature of pleadings and written motions filed in the 
proceedings, the transcript of the testimony, and the orders 
of the Department shall be the record of the proceedings. The 
record may be made available to any person interested in the 
hearing upon payment of the fee required by Section 2105-115 
of the Department of Professional Regulation Law.
    (b) The Department may contract for court reporting 
services, and, if it does so, the Department shall provide the 
name and contact information for the certified shorthand 
reporter who transcribed the testimony at a hearing to any 
person interested, who may obtain a copy of the transcript of 
any proceedings at a hearing upon payment of the fee specified 
by the certified shorthand reporter.
 
    Section 100. Subpoenas; depositions; oaths.

    (a) The Department has the power to subpoena and bring 
before it any person and to take testimony either orally, by 
deposition, or both, with the same fees and mileage and in the 
same manner as prescribed in civil cases in circuit courts of 
this State.
    (b) The Secretary and the designated hearing officer have 
the power to administer oaths to witnesses at any hearing 
which the Department is authorized to conduct, and any other 
oaths authorized in any Act administered by the Department.
 
    Section 105. Compelling testimony. Any court, upon the 
application of the Department, designated hearing officer, or 
the applicant or registrant against whom proceedings under 
Section 85 of this Act are pending, may, enter an order 
requiring the attendance of witnesses and their testimony and 
the production of documents, papers, files, books, and records 
in connection with any hearing or investigation. The court may 
compel obedience to its order by proceedings for contempt.
 
    Section 110. Hearing; motion for rehearing.

    (a) The hearing officer appointed by the Secretary shall 
hear evidence in support of the formal charges and evidence 
produced by the registrant. At the conclusion of the hearing, 
the hearing officer shall present to the Secretary a written 
report of his or her findings of fact, conclusions of law, and 
recommendations.
    (b) At the conclusion of the hearing, a copy of the hearing 
officer's report shall be served upon the applicant or 
registrant, either personally or as provided in this Act for 
the service of the notice of hearing. Within 20 days after such 
service, the applicant or registrant may present to the 
Department a motion, in writing, for a rehearing which shall 
specify the particular grounds for rehearing. The Department 
may respond to the motion for rehearing within 20 days after 
its service on the Department. If no motion for rehearing is 
filed, then upon the expiration of the time specified for 
filing such a motion, or upon denial of a motion for rehearing, 
the Secretary may enter an order in accordance with the 
recommendations of the hearing officer. If the applicant or 
registrant orders from the reporting service and pays for a 
transcript of the record within the time for filing a motion 
for rehearing, the 20-day period within which a motion may be 
filed shall commence upon delivery of the transcript to the 
applicant or registrant.
    (c) If the Secretary disagrees in any regard with the 
report of the hearing officer, the Secretary may issue an 
order contrary to the hearing officer's report.
    (d) If the Secretary is not satisfied that substantial 
justice has been done, the Secretary may order a hearing by the 
same or another hearing officer.
    (e) At any point in any investigation or disciplinary 
proceeding provided for in this Act, both parties may agree to 
a negotiated consent order. The consent order shall be final 
upon signature of the Secretary.
 
    Section 115. Appointment of a hearing officer. The 
Secretary has the authority to appoint an attorney licensed to 
practice law in the State of Illinois to serve as the hearing 
officer in any action for refusal to issue, restore, or renew a 
registration or to discipline an applicant or registrant. The 
hearing officer shall have full authority to conduct the 
hearing.
 
    Section 120. Order or certified copy; prima facie proof.  
An order or a certified copy thereof, over the seal of the 
Department and purporting to be signed by the Secretary, shall 
be prima facie proof that:
        (1) the signature is the genuine signature of the 
    Secretary; and
        (2) the Secretary is appointed and qualified.
 
    Section 125. Restoration of suspended or revoked 
registration.

    (a) At any time after the successful completion of a term 
of probation, suspension, or revocation of a registration 
under this Act, the Department may restore it to the 
registrant unless after an investigation and hearing the 
Department determines that restoration is not in the public 
interest.
    (b) Where circumstances of suspension or revocation so 
indicate, the Department may require an examination of the 
registrant prior to restoring his or her registration.
    (c) No person whose registration has been revoked as 
authorized in this Act may apply for restoration of that 
registration until such time as provided for in the Civil 
Administrative Code of Illinois.
    (d) A registration that has been suspended or revoked 
shall be considered nonrenewed for purposes of restoration and 
a registration restoring their registration from suspension or 
revocation must comply with the requirements for restoration 
as set forth in Section 50 of this Act and any rules adopted 
pursuant to this Act.
 
    Section 130. Surrender of registration. Upon the 
revocation or suspension of any registration, the registrant 
shall immediately surrender his or her certificate of 
registration to the Department. If the registrant fails to do 
so, the Department has the right to seize the certificate of 
registration.
 
    Section 135. Administrative Review Law; venue.

    (a) All final administrative decisions of the Department 
are subject to judicial review under the Administrative Review 
Law and its rules. The term "administrative decision" is 
defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in 
the circuit court of the county in which the party applying for 
review resides, but if the party is not a resident of this 
State, the venue shall be in Sangamon County.
    (c) The Department shall not be required to certify any 
record to the court, file any answer in court, or to otherwise 
appear in any court in a judicial review proceeding, unless 
and until the Department has received from the plaintiff 
payment of the costs of furnishing and certifying the record, 
which costs shall be determined by the Department.
    (d) Failure on the part of the plaintiff to file a receipt 
of the plaintiff's payment to the Department as specified in 
subsection (c) of this Section in court shall be grounds for 
dismissal of the action.
    (e) During the pendency and hearing of any and all 
judicial proceedings incident to a disciplinary action, the 
sanctions imposed upon the accused by the Department shall 
remain in full force and effect.
 
    Section 140. Confidentiality. All information collected by 
the Department in the course of an examination or 
investigation of a registrant or applicant, including, but not 
limited to, any complaint against a registrant filed with the 
Department and information collected to investigate any such 
complaint, shall be maintained for the confidential use of the 
Department and shall not be disclosed. The Department may not 
disclose the information to anyone other than law enforcement 
officials, other regulatory agencies that have an appropriate 
regulatory interest as determined by the Secretary, or a party 
presenting a lawful subpoena to the Department. Information 
and documents disclosed to a federal, State, county, or local 
law enforcement agency shall not be disclosed by the agency 
for any purpose to any other agency or person. A formal 
complaint filed against a registrant by the Department or any 
order issued by the Department against a registrant or 
applicant shall be a public record, except as otherwise 
prohibited by law.
 
    Section 145. Illinois Administrative Procedure Act. The 
Illinois Administrative Procedure Act is hereby expressly 
adopted and incorporated herein as if all of the provisions of 
that Act were included in this Act, except that the provision 
of subsection (d) of Section 10-65 of the Illinois 
Administrative Procedure Act that provides that at hearings 
the registrant has the right to show compliance with all 
lawful requirements for retention, continuation, or renewal of 
the registration is specifically excluded. The Department 
shall not be required to annually verify email addresses as 
specified in paragraph (a) of subsection (2) of Section 10-75 
of the Illinois Administrative Procedure Act. For the purposes 
of this Act, the notice required under Section 10-25 of the 
Illinois Administrative Procedure Act is deemed sufficient 
when mailed to the address of record or emailed to the email 
address of record.
 
    Section 900. The Regulatory Sunset Act is amended by 
changing Section 4.37 as follows:
 
    (5 ILCS 80/4.37)
    Sec. 4.37. Acts and Articles repealed on January 1, 2027. 
The following are repealed on January 1, 2027:
    The Clinical Psychologist Licensing Act.

    The Illinois Optometric Practice  Act of 1987.
    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,

XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

    The Boiler and Pressure Vessel Repairer Regulation Act.
    The Marriage and Family Therapy Licensing Act. 
    The Landscape Architecture Registration Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; 
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. 
8-18-17; 100-372, eff. 8-25-17.)
 
    Section 905. The Park District Code is amended  by changing 
Section 8-50 as follows:
 
    (70 ILCS 1205/8-50)
    Sec. 8-50. Definitions. For the purposes of Sections 8-50 
through 8-57, the following terms shall have the following 
meanings, unless the context requires a different meaning:
    "Delivery system" means the design and construction 
approach used to develop and construct a project.
    "Design-bid-build" means the traditional delivery system 
used on public projects that incorporates the Local Government 
Professional Services Selection Act and the principles of 
competitive selection.
    "Design-build" means a delivery system that provides 
responsibility within a single contract for the furnishing of 
architecture, engineering, land surveying, and related 
services as required, and the labor, materials, equipment, and 
other construction services for the project.
    "Design-build contract" means a contract for a public 
project under this Act between any park district and a 
design-build entity to furnish architecture, engineering, land 
surveying, landscape architecture, and related services as 
required, and to furnish the labor, materials, equipment, and 
other construction services for the project. The design-build 
contract may be conditioned upon subsequent refinements in 
scope and price and may allow the park district to make 
modifications in the project scope without invalidating the 
design-build contract.
    "Design-build entity" means any individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that proposes to 
design and construct any public project under this Act. A 
design-build entity and associated design-build professionals 
shall conduct themselves in accordance with the laws of this 
State and the related provisions of the Illinois 
Administrative Code, as referenced by the licensed design 
professionals Acts of this State.
    "Design professional" means any individual, sole 
proprietorship, firm, partnership, joint venture, corporation, 
professional corporation, or other entity that offers services 
under the Illinois Architecture Practice Act of 1989, the 
Professional Engineering Practice Act of 1989, the Structural 
Engineering Practice Act of 1989, or the Illinois Professional 
Land Surveyor Act of 1989.
    "Evaluation criteria" means the requirements for the 
separate phases of the selection process for design-build 
proposals as defined in this Act and may include the 
specialized experience, technical qualifications and 
competence, capacity to perform, past performance, experience 
with similar projects, assignment of personnel to the project, 
and other appropriate factors. Price may not be used as a 
factor in the evaluation of Phase I proposals.
    "Landscape architect design professional" means any 
person, sole proprietorship, or entity including, but not 
limited to, a partnership, professional service corporation, 
or corporation that offers services under the Landscape 
Architecture Registration Act Illinois Landscape Architecture 
Act of 1989.
    "Proposal" means the offer to enter into a design-build 
contract as submitted by a design-build entity in accordance 
with this Act.
    "Request for proposal" means the document used by the park 
district to solicit proposals for a design-build contract.
    "Scope and performance criteria" means the requirements 
for the public project, including, but not limited to: the 
intended usage, capacity, size, scope, quality, and 
performance standards; life-cycle costs; and other 
programmatic criteria that are expressed in performance 
oriented and quantifiable specifications and drawings that can 
be reasonably inferred and are suited to allow a design-build 
entity to develop a proposal.

(Source: P.A. 97-349, eff. 8-12-11.)
 
    Section 910. The Chicago Park District Act is amended  by 
changing Section 26.10-4 as follows:
 
    (70 ILCS 1505/26.10-4)
    Sec. 26.10-4. Definitions. The following terms, whenever 
used or referred to in this Act, have the following meaning 
unless the context requires a different meaning:
    "Delivery system" means the design and construction 
approach used to develop and construct a project.
    "Design-bid-build" means the traditional delivery system 
used on public
projects that incorporates the Local Government 
Professional Services Selection Act (50 ILCS 510/) and the

principles of competitive selection.

    "Design-build" means a delivery system that provides 
responsibility within a
single contract for the furnishing of 
architecture, engineering, land surveying
and related services 
as required, and the labor, materials, equipment, and
other 
construction services for the project.

    "Design-build contract" means a contract for a public 
project under this Act
between the Chicago Park District and a 
design-build entity to furnish
architecture,
engineering, land 
surveying, landscape architecture, and related services as 
required, and to furnish
the labor, materials, equipment, and 
other construction services for the
project. The design-build 
contract may be conditioned upon subsequent
refinements in 
scope and price and may allow the Chicago Park District to
make

modifications in the project scope without invalidating the 
design-build
contract.

    "Design-build entity" means any individual, sole 
proprietorship, firm,
partnership, joint venture, corporation, 
professional corporation, or other
entity that proposes to 
design and construct any public project under this Act.

A 
design-build entity and associated design-build professionals 
shall conduct themselves in accordance with the laws of this 
State and the related provisions of the Illinois 
Administrative Code, as referenced by the licensed design 
professionals Acts of this State.

    "Design professional" means any individual, sole 
proprietorship, firm,
partnership, joint venture, corporation, 
professional corporation, or other
entity that offers services 
under the Illinois Architecture Practice Act of
1989 (225 ILCS 
305/), the Professional Engineering Practice Act of 1989 (225

ILCS 325/),
the Structural Engineering Practice Act of 1989 
(225 ILCS 340/), or the
Illinois Professional
Land Surveyor 
Act of 1989 (225 ILCS 330/).

    "Landscape architect design professional" means any 
person, sole proprietorship, or entity such as a partnership, 
professional service corporation, or corporation that offers 
services under the Landscape Architecture Registration Act 
Illinois Landscape Architecture Act of 1989. 
    "Evaluation criteria" means the requirements for the 
separate phases of the
selection process for design-build 
proposals as defined in this Act and may include the 
specialized
experience, technical qualifications and 
competence, capacity to perform, past
performance, experience 
with similar projects, assignment of personnel to the
project, 
and other appropriate factors. Price may not be used as a 
factor in
the evaluation of Phase I proposals.

    "Proposal" means the offer to enter into a design-build 
contract as submitted
by a design-build entity in accordance 
with this Act.

    "Request for proposal" means the document used by the 
Chicago Park District
to solicit
proposals for a design-build 
contract.

    "Scope and performance criteria" means the requirements 
for the public
project, including but not limited to, the 
intended usage, capacity, size,
scope, quality and performance 
standards, life-cycle costs, and other
programmatic criteria 
that are expressed in performance-oriented and
quantifiable 
specifications and drawings that can be reasonably inferred 
and
are suited to allow a design-build entity to develop a 
proposal.

    "Guaranteed maximum price" means a form of contract in 
which compensation may vary according to the scope of work 
involved but in any case may not exceed an agreed total amount.


(Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
 
    Section 915. The Professional Geologist Licensing Act is 
amended  by changing Section 20 as follows:
 



    (225 ILCS 745/20)



    (Section scheduled to be repealed on January 1, 2026)

    Sec. 20. Exemptions. Nothing in this Act shall be 
construed to restrict
the use of the title "geologist" or 
similar words by any person engaged in a
practice of geology 
exempted under this Act, provided the person does not hold

himself or herself out as being a Licensed Professional 
Geologist or does not
practice
professional geology in a 
manner requiring licensure under this Act.
Performance of the 
following activities does not require licensure as a
 licensed 
professional geologist under this Act:

        (a) The practice of professional geology by an 
    employee or a subordinate of
a licensee under this Act, 
    provided the work does not include responsible
charge of 
    geological work and is performed under the direct

    supervision of a Licensed Professional Geologist who is 
    responsible for
the work.

        (b) The practice of professional geology by officers 
    and employees of the
United States government within the 
    scope of their employment.

        (c) The practice of professional geology as geologic 
    research to advance
basic knowledge for the purpose of 
    offering scientific papers, publications, or
other 
    presentations (i) before meetings of scientific societies, 
    (ii) internal
to a
partnership, corporation, 
    proprietorship, or government agency, or (iii) for

    publication
in scientific journals, or in books.

        (d) The teaching of geology in schools, colleges, or 
    universities, as
defined by rule.

        (e) The practice of professional geology exclusively 
    in the exploration for
or development of energy resources 
    or base, precious and nonprecious minerals,
including 
    sand, gravel, and aggregate, that does not require, by 
    law, rule,
or ordinance, the submission of reports, 
    documents, or oral or written
testimony
to public 
    agencies.  Public agencies may, by law or by rule, allow 
    required
oral
or written testimony, reports, permit 
    applications, or other documents based on
the science of 
    geology to be submitted to them by persons not licensed 
    under
this Act.  Unless otherwise required by State or 
    federal law, public agencies
may not require that the 
    geology-based aspects of testimony, reports, permits,
or 
    other documents so exempted be reviewed by,
approved, or 
    otherwise certified by any person who is not a Licensed 
    Professional Geologist. Licensure is not required for the

    submission and review of reports or documents or the 
    provision of oral or
written
testimony made under the Well 
    Abandonment Act, the Illinois
Oil and Gas Act, the Surface 
    Coal Mining Land Conservation and Reclamation Act,
or the 
    Surface-Mined Land Conservation and Reclamation Act.

        (f) The practice of professional engineering as 
    defined in the Professional
Engineering Practice Act of 
    1989.

        (g) The practice of structural engineering as defined 
    in the Structural
Engineering
Practice Act of 1989.

        (h) The practice of architecture as defined in the 
    Illinois Architecture
Practice Act of 1989.

        (i) The practice of land surveying as defined in the 
    Illinois Professional
Land Surveyor
Act of 1989.

        (j) The practice of landscape architecture as defined 
    in the Landscape Architecture Registration Act Illinois

    Landscape Architecture Act of 1989.

        (k) The practice of professional geology for a period 
    not to exceed 9 months by any person pursuing a course of 
    study leading to a degree in geology from an accredited 
    college or university, as set forth in this Act and as 
    established by rule, provided that (i) such practice 
    constitutes a part of a supervised course of study, (ii) 
    the person is under the supervision of a geologist 
    licensed under this Act or a teacher of geology at an 
    accredited college or university, and (iii) the person is 
    designated by a title that clearly indicates his or her 
    status as a student or trainee. 
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)

 
    Section 920. The Unified Code of Corrections is amended  by 
changing Section 5-5-5 as follows:
 


    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)




    Sec. 5-5-5. Loss and restoration of rights. 

    (a) Conviction and disposition shall not entail the loss 
by the
defendant of any civil rights, except under this 
Section and Sections 29-6
and 29-10 of The Election Code, as 
now or hereafter amended.

    (b) A person convicted of a felony shall be ineligible to 
hold an office
created by the Constitution of this State until 
the completion of his sentence.

    (c) A person sentenced to imprisonment shall lose his 
right to vote
until released from imprisonment.

    (d) On completion of sentence of imprisonment or upon 
discharge from
probation, conditional discharge or periodic 
imprisonment, or at any time
thereafter, all license rights 
and privileges
granted under the authority of this State which 
have been revoked or
suspended because of conviction of an 
offense shall be restored unless the
authority having 
jurisdiction of such license rights finds after
investigation 
and hearing that restoration is not in the public interest.

This paragraph (d) shall not apply to the suspension or 
revocation of a
license to operate a motor vehicle under the 
Illinois Vehicle Code.

    (e) Upon a person's discharge from incarceration or 
parole, or upon a
person's discharge from probation or at any 
time thereafter, the committing
court may enter an order 
certifying that the sentence has been
satisfactorily completed 
when the court believes it would assist in the
rehabilitation 
of the person and be consistent with the public welfare.
Such 
order may be entered upon the motion of the defendant or the 
State or
upon the court's own motion.

    (f) Upon entry of the order, the court shall issue to the 
person in
whose favor the order has been entered a certificate 
stating that his
behavior after conviction has warranted the 
issuance of the order.

    (g) This Section shall not affect the right of a defendant 
to
collaterally attack his conviction or to rely on it in bar 
of subsequent
proceedings for the same offense.

    (h) No application for any license specified in subsection 
(i) of this
Section granted under the
authority of this State 
shall be denied by reason of an eligible offender who
has 
obtained a certificate of relief from disabilities, as
defined 
in Article 5.5 of this Chapter, having been previously 
convicted of one
or more
criminal offenses, or by reason of a 
finding of lack of "good moral
character" when the finding is 
based upon the fact that the applicant has
previously been 
convicted of one or more criminal offenses, unless:

        (1) there is a direct relationship between one or more 
    of the previous
criminal offenses and the specific license 
    sought; or

        (2) the issuance of the license would
involve an 
    unreasonable risk to property or to the safety or welfare 
    of
specific individuals or the general public.

    In making such a determination, the licensing agency shall 
consider the
following factors:

        (1) the public policy of this State, as expressed in 
    Article 5.5 of this
Chapter, to encourage the licensure 
    and employment of persons previously
convicted of one or 
    more criminal offenses;

        (2) the specific duties and responsibilities 
    necessarily related to the
license being sought;

        (3) the bearing, if any, the criminal offenses or 
    offenses for which the
person
was previously convicted 
    will have on his or her fitness or ability to perform
one 
    or
more such duties and responsibilities;

        (4) the time which has elapsed since the occurrence of 
    the criminal
offense or offenses;

        (5) the age of the person at the time of occurrence of 
    the criminal
offense or offenses;

        (6) the seriousness of the offense or offenses;

        (7) any information produced by the person or produced 
    on his or her
behalf in
regard to his or her rehabilitation 
    and good conduct, including a certificate
of relief from 
    disabilities issued to the applicant, which certificate 
    shall
create a presumption of rehabilitation in regard to 
    the offense or offenses
specified in the certificate; and

        (8) the legitimate interest of the licensing agency in 
    protecting
property, and
the  safety and welfare of 
    specific individuals or the general public.

    (i) A certificate of relief from disabilities shall be 
issued only
for a
license or certification issued under the 
following Acts:

        (1) the Animal Welfare Act; except that a certificate 
    of relief from
disabilities may not be granted
to provide 
    for
the
issuance or restoration of a license under the 
    Animal Welfare Act for any
person convicted of violating 
    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane 
    Care for Animals Act or Section 26-5 or 48-1 of the 
    Criminal Code of
1961 or the Criminal Code of 2012;

        (2) the Illinois Athletic Trainers Practice Act;

        (3) the Barber, Cosmetology, Esthetics, Hair Braiding, 
    and Nail Technology Act of 1985;

        (4) the Boiler and Pressure Vessel Repairer Regulation 
    Act;

        (5) the Boxing and Full-contact Martial Arts Act;

        (6) the Illinois Certified Shorthand Reporters Act of 
    1984;

        (7) the Illinois Farm Labor Contractor Certification 
    Act;

        (8) the Registered Interior Designers Act;

        (9) the Illinois Professional Land Surveyor Act of 
    1989;

        (10) the Landscape Architecture Registration Act 
    Illinois Landscape Architecture Act of 1989;

        (11) the Marriage and Family Therapy Licensing Act;

        (12) the Private Employment Agency Act;

        (13) the Professional Counselor and Clinical 
    Professional Counselor
Licensing and Practice
Act;

        (14) the Real Estate License Act of 2000;

        (15) the Illinois Roofing Industry Licensing Act;
        (16) the Professional Engineering Practice Act of 
    1989;
        (17) the Water Well and Pump Installation Contractor's 
    License Act;
        (18) the Electrologist Licensing Act;

        (19) the Auction License Act;
        (20) the Illinois Architecture Practice Act of 1989;
        (21) the Dietitian Nutritionist Practice Act;
        (22) the Environmental Health Practitioner Licensing 
    Act;
        (23) the Funeral Directors and Embalmers Licensing 
    Code;
        (24) (blank);
        (25) the Professional Geologist Licensing Act;
        (26) the Illinois Public Accounting Act; and
        (27) the Structural Engineering Practice Act of 1989.


(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)




 
    Section 999. Effective date. This Act takes effect upon 
becoming law.