101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4034

 

Introduced 1/10/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.41 new
70 ILCS 1205/8-50
70 ILCS 1505/26.10-4
225 ILCS 745/20
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Creates the Landscape Architecture Registration Act. Provides that no person shall use the title "registered landscape architect" or "landscape architect" without being registered by the Department of Financial and Professional Regulation. Creates the Registered Landscape Architecture Registration Board. Provides for the membership, meetings, and powers of the Board. Provides that the Department may seek the expert advice and knowledge of the Board on any matter relating to the enforcement of the Act, including qualifications of applicants for registration. Provides that the Department may issue certificates of registration to those who meet the requirements of the Act. Provides that the Department may authorize examinations to ascertain the fitness and qualifications of applicants for registration. Provides that the Department may conduct investigations and hearings to refuse to issue, renew, or restore registrations, revoke, suspend, place on probation, or reprimand persons registered under provisions of the Act. Provides that the Department may take disciplinary action with regard to any certificate of registration issued under the Act. Makes corresponding changes in the Park District Code, the Chicago Park District Act, the Professional Geologist Licensing Act, and the Unified Code of Corrections. Amends the Regulatory Sunset Act to repeal the Landscape Architecture Registration Act on January 1, 2031.


LRB101 23388 SPS 74612 b

 

 

A BILL FOR

 

SB4034LRB101 23388 SPS 74612 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Landscape Architecture Registration Act.
 
6    Section 5. Purpose. It is the purpose of this Act to
7provide for the registration of landscape architects. This Act
8shall be liberally construed to carry out these objectives and
9purposes.
 
10    Section 10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or
13registrant's registration file as maintained by the
14Department.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Email address of record" means the designated email
18address of record by the Department in the applicant's
19application file or registrant's registration file as
20maintained by the Department.
21    "Landscape architecture" means the art and science of
22arranging land, together with the spaces and objects upon it,

 

 

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1for the purpose of creating a safe, efficient, healthful, and
2aesthetically pleasing physical environment for human use and
3enjoyment, as performed by landscape architects.
4    "Landscape architectural practice" means the offering or
5furnishing of professional services in connection with a
6landscape architecture project that do not require the seal of
7an architect, land surveyor, professional engineer, or
8structural engineer. These services may include, but are not
9limited to, providing preliminary studies; developing design
10concepts; planning for the relationships of physical
11improvements and intended uses of the site; establishing form
12and aesthetic elements; developing those technical details on
13the site that are exclusive of any building or structure;
14preparing and coordinating technical submissions; and
15conducting site observation of a landscape architecture
16project.
17    "Registered landscape architect" means a person who, based
18on education, experience, and examination in the field of
19landscape architecture, is registered under this Act.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation. The Secretary may designate his or her
22duties under this Act to a designee of his or her choice,
23including, but not limited to, the Director of Professional
24Regulation.
 
25    Section 15. Title.

 

 

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1    (a) No person shall use the title "registered landscape
2architect" or "landscape architect" without being so
3registered by the Department.
4    (b) Nothing in this Act shall be construed as preventing or
5restricting the offering, advertising, or providing of
6services defined as landscape architecture practice under this
7Act by an individual not registered under this Act.
 
8    Section 20. Seal.
9    (a) Every registered landscape architect shall have a
10reproducible seal, which may be computer generated, the
11impression of which shall contain the name of the registered
12landscape architect, the registered landscape architect's
13registration number, and the words "Registered Landscape
14Architect, State of Illinois". The registered landscape
15architect shall be responsible for his or her seal and
16signature as defined by rule.
17    (b) Notwithstanding the requirements of this Section, an
18architect, land surveyor, professional engineer, or structural
19engineer licensed by the Department shall be permitted to affix
20his or her seal to any plans, specifications, and reports
21prepared by or under his or her supervision in connection with
22the incidental practice of landscape architecture.
 
23    Section 23. Technical submissions.
24    (a) As used in this Section, "technical submissions"

 

 

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1includes the designs, drawings, and specifications that
2establish the scope of a landscape architecture project; the
3standard of quality for materials, workmanship, equipment, and
4systems; and the studies and other technical reports and
5calculations prepared in the course of the practice of
6landscape architecture.
7    (b) A registered landscape architect shall not exercise
8authority in preparing technical submissions that require the
9involvement of an architect, professional engineer, structural
10engineer, or professional land surveyor licensed in Illinois.
11    (c) The registered landscape architect who has contract
12responsibility shall seal a cover sheet of the technical
13submissions and those individual portions of the technical
14submissions for which the registered landscape architect is
15legally and professionally responsible.
 
16    Section 25. Display of registration. Every holder of a
17registered landscape architect registration shall display his
18or her certificate of registration in a conspicuous place in
19his or her principal office, place of business, or place of
20employment.
 
21    Section 30. Address of record; email address of record. All
22applicants and registrants shall:
23        (1) provide a valid address and email address to the
24    Department, which shall serve as the address of record and

 

 

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1    email address of record, respectively, at the time of
2    application for registration or renewal of registration;
3    and
4        (2) inform the Department of any change of address of
5    record or email address of record within 14 days after such
6    change either through the Department's website or by
7    contacting the Department.
 
8    Section 33. Registered Landscape Architecture Registration
9Board.
10    (a) The Secretary shall appoint a Registered Landscape
11Architecture Registration Board. The Board shall consist of 5
12persons who shall serve in an advisory capacity to the
13Secretary. All members of the Board shall be residents of
14Illinois. Four members shall be registered under this Act and
15have not been disciplined within the last 10-year period under
16this Act or the Illinois Landscape Architecture Act of 1989. In
17addition to the 4 registered landscape architects, there shall
18be one public member. The public member shall be a voting
19member and shall not be registered under this Act or licensed
20under any other design profession licensing Act that the
21Department administers.
22    (b) Board members shall serve 5-year terms and until their
23successors are appointed and qualified.
24    (c) In appointing members to the Board, the Secretary shall
25give due consideration to recommendations by members and

 

 

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1organizations of the landscape architecture profession.
2    (d) The membership of the Board should reasonably reflect
3representation from the geographic areas in this State.
4    (e) No member shall be reappointed to the Board for a term
5that would cause his or her continuous service on the Board to
6be longer than 2 consecutive 5-year terms.
7    (f) An appointment to fill a vacancy for the unexpired
8portion of the vacated term shall be made in the same manner as
9an initial appointment.
10    (g) Three members shall constitute a quorum. A quorum is
11required for Board decisions.
12    (h) The Secretary may terminate the appointment of any
13member for cause that, in the opinion of the Secretary,
14reasonably justified such termination, which may include, but
15is not limited to, a Board member who does not attend 2
16consecutive meetings.
17    (i) Members of the Board may be reimbursed for all
18legitimate, necessary, and authorized expenses.
19    (j) The Department may at any time seek the expert advice
20and knowledge of the Board on any matter relating to the
21enforcement of this Act.
 
22    Section 34. Powers and duties of the Board.
23    (a) The Board shall hold at least one meeting each year,
24conducted in accordance with the Open Meetings Act.
25    (b) The Board shall annually elect a chairperson and a vice

 

 

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1chairperson who shall be registered landscape architects.
2    (c) The Department may, at any time, seek the expert advice
3and knowledge of the Board on any matter relating to the
4enforcement of this Act, including qualifications of
5applicants for registration.
 
6    Section 35. Powers and duties of the Department. The
7Department shall exercise, subject to the provisions of this
8Act, the following functions, powers, and duties:
9        (1) Authorize examinations to ascertain the fitness
10    and qualifications of applicants for registration and pass
11    upon the qualifications and fitness of applicants for
12    registration by endorsement.
13        (2) Adopt rules and regulations required for the
14    administration of this Act.
15        (3) Conduct hearings on proceedings to refuse to issue,
16    renew, or restore registrations, revoke, suspend, place on
17    probation, or reprimand persons registered under
18    provisions of this Act.
19        (4) Adopt rules to establish what constitutes an
20    approved landscape architecture program.
21        (5) Adopt rules to establish what constitutes
22    landscape architecture experience.
23        (6) Issue certificates of registration to those who
24    meet the requirements of this Act.
25        (7) Conduct investigations related to possible

 

 

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1    violations of this Act.
 
2    Section 40. Application for registration.
3    (a) Applications for registration shall be made to the
4Department in writing on forms or electronically as prescribed
5by the Department and shall be accompanied by the required fee,
6which shall not be refundable. All applications shall contain
7information that, in the judgment of the Department, enables
8the Department to pass on the qualifications of the applicant
9for registration as a registered landscape architect. The
10Department may require an applicant, at the applicant's
11expense, to have an evaluation of the applicant's education in
12a foreign country by a nationally recognized evaluation service
13approved by the Department in accordance with rules adopted by
14the Department.
15    (b) Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed in 3 years, the application shall be denied, the fee
18shall be forfeited, and the applicant must reapply and meet the
19requirements in effect at the time of reapplication.
 
20    Section 45. Qualifications for registration.
21    (a) To qualify for registration as a registered landscape
22architect, each applicant shall:
23        (1) provide proof of graduation from an approved
24    landscape architecture program as approved by rule;

 

 

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1        (2) provide proof of experience for registration as
2    approved by rule; and
3        (3) provide proof of successful passage of an
4    examination as approved by rule.
5    (b) Upon payment of the required fee and meeting other
6requirements as determined by rule, an applicant who is
7actively registered or licensed as a landscape architect under
8the laws of another jurisdiction of the United States may,
9without examination, be granted registration as a registered
10landscape architect by the Department.
 
11    Section 50. Registration, renewal, and restoration.
12    (a) The expiration date and renewal period for each
13certificate of registration issued under this Act shall be
14established by rule. A registrant may renew a certificate of
15registration during the month preceding its expiration date by
16paying the required fee.
17    (b) A registered landscape architect who has permitted his
18or her registration to expire or has had his or her
19registration placed on inactive status may have his or her
20registration restored by making application to the Department
21and filing proof acceptable to the Department of his or her
22fitness to have his or her registration restored, including,
23but not limited to, sworn evidence certifying active lawful
24practice in another jurisdiction satisfactory to the
25Department and by paying the required fee as determined by

 

 

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1rule.
2    (c) A registered landscape architect whose registration
3expired while engaged (1) in federal service on active duty
4with the Armed Forces of the United States or the State Militia
5called into service or training or (2) in training or education
6under the supervision of the United States preliminary to
7induction into the military service, may have a registration
8restored or reinstated without paying any lapsed
9reinstatement, renewal, or restoration fees if within 2 years
10after termination other than by dishonorable discharge of such
11service, training, or education and the Department is furnished
12with satisfactory evidence that the registrant has been so
13engaged in the practice of landscape architecture and that such
14service, training, or education has been so terminated.
 
15    Section 55. Prior registrations under the Illinois
16Landscape Architecture Act of 1989. A person who was actively
17registered under the Illinois Landscape Architecture Act of
181989 and had renewed his or her registration before January 1,
192020, may have his or her registration restored without fee
20upon the effective date of the rules adopted under this Act.
 
21    Section 60. Inactive status.
22    (a) A person registered under this Act who notifies the
23Department in writing on forms or electronically as prescribed
24by the Department may elect to place his or her registration on

 

 

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1inactive status and shall, subject to rules of the Department,
2be excused from payment of renewal fees until he or she
3notifies the Department in writing on forms or electronically
4as prescribed by the Department of his or her desire to resume
5active status.
6    (b) Any registrant whose registration is on inactive status
7shall not use the title "registered landscape architect" or
8"landscape architect" in the State of Illinois.
9    (c) Any registrant who uses the title "registered landscape
10architect" or "landscape architect" while his or her
11registration is inactive shall be considered to be using the
12title without a registration that shall be grounds for
13discipline under this Act.
 
14    Section 65. Fees. The Department shall establish by rule a
15schedule of fees for the administration and maintenance of this
16Act. These fees are not refundable.
 
17    Section 70. Disposition of funds. All of the fees collected
18as authorized under this Act shall be deposited into the
19General Professions Dedicated Fund. The moneys deposited into
20the General Professions Dedicated Fund may be used for the
21expenses of the Department in the administration of this Act.
22Moneys from the Fund may also be used for direct and allocable
23indirect costs related to the public purposes of the Department
24of Financial and Professional Regulation. Moneys in the Fund

 

 

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1may be transferred to the Professions Indirect Cost Fund as
2authorized by Section 2105-300 of the Department of
3Professional Regulation Law.
 
4    Section 75. Advertising. Any person registered under this
5Act may advertise the availability of professional services in
6the public media or on the premises where such professional
7services are rendered provided that such advertising is
8truthful and not misleading.
 
9    Section 80. Violation; injunction; cease and desist order.
10    (a) If any person violates the provisions of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois, through the Attorney General of the State of Illinois
13or the State's Attorney of any county in which the action is
14brought, petition for an order enjoining such violation and for
15an order enforcing compliance with this Act. Upon the filing of
16a verified petition in court, the court may issue a temporary
17restraining order, without notice or bond, and may
18preliminarily and permanently enjoin such violation. If it is
19established that such person has violated or is violating the
20injunction, the Court may punish the offender for contempt of
21court. Proceedings under this Section shall be in addition to,
22and not in lieu of, all other remedies and penalties provided
23by this Act.
24    (b) Whoever holds himself or herself out as a "registered

 

 

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1landscape architect", "landscape architect", or any other name
2or designation that would in any way imply that he or she is
3able to use the title "registered landscape architect" or
4"landscape architect" without being registered under this Act
5shall be guilty of a Class A misdemeanor, and for each
6subsequent conviction shall be guilty of a Class 4 felony.
 
7    Section 85. Grounds for discipline.
8    (a) The Department may refuse to issue or to renew a
9certificate of registration, or may revoke, suspend, place on
10probation, reprimand, or take other disciplinary or
11nondisciplinary action the Department may deem proper,
12including fines not to exceed $10,000 for each violation, with
13regard to any certificate of registration issued under this
14Act, for any one or combination of the following reasons:
15        (1) Material misstatement in furnishing information.
16        (2) Negligent or intentional disregard of this Act or
17    rules adopted under this Act.
18        (3) Conviction of or plea of guilty or nolo contendere,
19    finding of guilt, jury verdict, or entry of judgment or
20    sentencing, including, but not limited to, convictions,
21    preceding sentences of supervision, conditional discharge,
22    or first offender probation under the laws of any
23    jurisdiction of the United States that is (i) a felony,
24    (ii) a misdemeanor, an essential element of which is
25    dishonesty, or (iii) any crime that is directly related to

 

 

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1    the practice of landscape architecture.
2        (4) Making any misrepresentations for the purpose of
3    obtaining a certificate of registration.
4        (5) Professional incompetence or gross negligence in
5    the rendering of landscape architectural services.
6        (6) Aiding or assisting another person in violating any
7    provision of this Act or any rules and regulations issued
8    pursuant to this Act.
9        (7) Failing to provide information within 60 days in
10    response to a written request made by the Department.
11        (8) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public.
14        (9) Habitual or excessive use or abuse of drugs defined
15    by law as controlled substances, alcohol, narcotics,
16    stimulants, or any other substances that results in the
17    inability to practice with reasonable judgment, skill, or
18    safety.
19        (10) Discipline by another jurisdiction, if at least
20    one of the grounds for the discipline is the same or
21    substantially equivalent to those set forth in this
22    Section.
23        (11) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate, or other form of compensation
26    for any professional service not actually rendered.

 

 

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1        (12) A finding by the Department that the registrant,
2    after having the registration placed on probationary
3    status, has violated or failed to comply with the terms of
4    probation.
5        (13) A finding by the Department that the registrant
6    has failed to pay a fine imposed by the Department.
7        (14) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act, and
10    upon proof by clear and convincing evidence that the
11    registrant has caused a child to be an abused child or
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (15) Solicitation of professional services by using
15    false or misleading advertising.
16        (16) Inability to practice the profession with
17    reasonable judgment, skill, or safety as a result of
18    physical illness, including, but not limited to,
19    deterioration through the aging process, loss of motor
20    skill, mental illness, or disability.
21        (17) Using or attempting to use an expired, inactive,
22    suspended, or revoked registration, or the seal of another
23    registrant, or impersonating another registrant.
24        (18) Signing, affixing, or allowing the registered
25    landscape architect's seal to be affixed to any plans not
26    prepared by the registered landscape architect or under the

 

 

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1    registered landscape architect's supervision.
2    (b) The Department may refuse to issue or may suspend the
3registration of any person who fails to file a return, fails to
4pay the tax, penalty, or interest showing in a filed return, or
5fails to pay any final assessment of tax, penalty, or interest,
6as required by any tax Act administered by the Department of
7Revenue, until any such tax Act are satisfied.
8    (c) The entry of a decree by any circuit court establishing
9that any person holding a certificate of registration under
10this Act is a person subject to involuntary admission under the
11Mental Health and Developmental Disabilities Code shall
12operate as a suspension of that registration. That person may
13resume using the title "registered landscape architect" or
14"landscape architect" only upon a finding by the Department
15that he or she has been determined to be no longer subject to
16involuntary admission by the court and meeting the requirements
17for restoration as required by this Act and its rules.
 
18    Section 90. Investigation; notice and hearing.
19    (a) The Department may investigate the actions of any
20applicant or of any person holding or claiming to hold a
21certificate of registration under this Act.
22    (b) The Department shall, before disciplining an applicant
23or registrant, at least 30 days prior to the date set for the
24hearing, (i) notify in writing the applicant or registrant of
25the charges made and the time and place for the hearing on the

 

 

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1charges, (ii) direct the applicant or registrant to file a
2written answer to the charges under oath within 20 days after
3the service of the notice, and (iii) inform the applicant or
4registrant that failure to file a written answer to the charges
5will result in a default judgment being entered against the
6applicant or registrant.
7    (c) Written or electronic notice, and any notice in the
8subsequent proceeding, may be served by personal delivery, by
9email, or by mail to the applicant or registrant at their
10address of record or email address of record.
11    (d) At the time and place fixed in the notice, the hearing
12officer appointed by the Secretary shall proceed to hear the
13charges and the parties or their counsel shall be accorded
14ample opportunity to present any statement, testimony,
15evidence, and argument as may be pertinent to the charges or to
16their defense. The hearing officer may continue the hearing
17from time to time.
18    (e) In case the registrant or applicant, after receiving
19the notice, fails to file an answer, their registration may, in
20the discretion of the Secretary, be suspended, revoked, placed
21on probationary status, or be subject to whatever disciplinary
22action the Secretary considers proper, including limiting the
23scope, nature, or extent of the person's practice or imposition
24of a fine, without hearing, if the act or acts charged
25constitute sufficient grounds for such action under this Act.
 

 

 

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1    Section 95. Record of proceedings.
2    (a) The Department, at its expense, shall provide a
3certified shorthand reporter to take down the testimony and
4preserve a record of all proceedings in which a registrant may
5have their registration revoked or suspended or in which the
6registrant may be placed on probationary status, reprimanded,
7fined, or subjected to other disciplinary action with reference
8to the registration when a disciplinary action is authorized
9under this Act and rules issued pursuant to this Act. The
10notice of hearing, complaint, and all other documents in the
11nature of pleadings and written motions filed in the
12proceedings, the transcript of the testimony, and the orders of
13the Department shall be the record of the proceedings. The
14record may be made available to any person interested in the
15hearing upon payment of the fee required by Section 2105-115 of
16the Department of Professional Regulation Law.
17    (b) The Department may contract for court reporting
18services, and, if it does so, the Department shall provide the
19name and contact information for the certified shorthand
20reporter who transcribed the testimony at a hearing to any
21person interested, who may obtain a copy of the transcript of
22any proceedings at a hearing upon payment of the fee specified
23by the certified shorthand reporter.
 
24    Section 100. Subpoenas; depositions; oaths.
25    (a) The Department has the power to subpoena and bring

 

 

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1before it any person and to take testimony either orally, by
2deposition, or both, with the same fees and mileage and in the
3same manner as prescribed in civil cases in circuit courts of
4this State.
5    (b) The Secretary and the designated hearing officer have
6the power to administer oaths to witnesses at any hearing which
7the Department is authorized to conduct, and any other oaths
8authorized in any Act administered by the Department.
 
9    Section 105. Compelling testimony. Any court, upon the
10application of the Department, designated hearing officer, or
11the applicant or registrant against whom proceedings under
12Section 85 of this Act are pending, may, enter an order
13requiring the attendance of witnesses and their testimony and
14the production of documents, papers, files, books, and records
15in connection with any hearing or investigation. The court may
16compel obedience to its order by proceedings for contempt.
 
17    Section 110. Hearing; motion for rehearing.
18    (a) The hearing officer appointed by the Secretary shall
19hear evidence in support of the formal charges and evidence
20produced by the registrant. At the conclusion of the hearing,
21the hearing officer shall present to the Secretary a written
22report of his or her findings of fact, conclusions of law, and
23recommendations.
24    (b) At the conclusion of the hearing, a copy of the hearing

 

 

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1officer's report shall be served upon the applicant or
2registrant, either personally or as provided in this Act for
3the service of the notice of hearing. Within 20 days after such
4service, the applicant or registrant may present to the
5Department a motion, in writing, for a rehearing which shall
6specify the particular grounds for rehearing. The Department
7may respond to the motion for rehearing within 20 days after
8its service on the Department. If no motion for rehearing is
9filed, then upon the expiration of the time specified for
10filing such a motion, or upon denial of a motion for rehearing,
11the Secretary may enter an order in accordance with the
12recommendations of the hearing officer. If the applicant or
13registrant orders from the reporting service and pays for a
14transcript of the record within the time for filing a motion
15for rehearing, the 20-day period within which a motion may be
16filed shall commence upon delivery of the transcript to the
17applicant or registrant.
18    (c) If the Secretary disagrees in any regard with the
19report of the hearing officer, the Secretary may issue an order
20contrary to the hearing officer's report.
21    (d) If the Secretary is not satisfied that substantial
22justice has been done, the Secretary may order a hearing by the
23same or another hearing officer.
24    (e) At any point in any investigation or disciplinary
25proceeding provided for in this Act, both parties may agree to
26a negotiated consent order. The consent order shall be final

 

 

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1upon signature of the Secretary.
 
2    Section 115. Appointment of a hearing officer. The
3Secretary has the authority to appoint an attorney licensed to
4practice law in the State of Illinois to serve as the hearing
5officer in any action for refusal to issue, restore, or renew a
6registration or to discipline an applicant or registrant. The
7hearing officer shall have full authority to conduct the
8hearing.
 
9    Section 120. Order or certified copy; prima facie proof.
10An order or a certified copy thereof, over the seal of the
11Department and purporting to be signed by the Secretary, shall
12be prima facie proof that:
13        (1) the signature is the genuine signature of the
14    Secretary; and
15        (2) the Secretary is appointed and qualified.
 
16    Section 125. Restoration of suspended or revoked
17registration.
18    (a) At any time after the successful completion of a term
19of probation, suspension, or revocation of a registration under
20this Act, the Department may restore it to the registrant
21unless after an investigation and hearing the Department
22determines that restoration is not in the public interest.
23    (b) Where circumstances of suspension or revocation so

 

 

SB4034- 22 -LRB101 23388 SPS 74612 b

1indicate, the Department may require an examination of the
2registrant prior to restoring his or her registration.
3    (c) No person whose registration has been revoked as
4authorized in this Act may apply for restoration of that
5registration until such time as provided for in the Civil
6Administrative Code of Illinois.
7    (d) A registration that has been suspended or revoked shall
8be considered nonrenewed for purposes of restoration and a
9registration restoring their registration from suspension or
10revocation must comply with the requirements for restoration as
11set forth in Section 50 of this Act and any rules adopted
12pursuant to this Act.
 
13    Section 130. Surrender of registration. Upon the
14revocation or suspension of any registration, the registrant
15shall immediately surrender his or her certificate of
16registration to the Department. If the registrant fails to do
17so, the Department has the right to seize the certificate of
18registration.
 
19    Section 135. Administrative Review Law; venue.
20    (a) All final administrative decisions of the Department
21are subject to judicial review under the Administrative Review
22Law and its rules. The term "administrative decision" is
23defined as in Section 3-101 of the Code of Civil Procedure.
24    (b) Proceedings for judicial review shall be commenced in

 

 

SB4034- 23 -LRB101 23388 SPS 74612 b

1the circuit court of the county in which the party applying for
2review resides, but if the party is not a resident of this
3State, the venue shall be in Sangamon County.
4    (c) The Department shall not be required to certify any
5record to the court, file any answer in court, or to otherwise
6appear in any court in a judicial review proceeding, unless and
7until the Department has received from the plaintiff payment of
8the costs of furnishing and certifying the record, which costs
9shall be determined by the Department.
10    (d) Failure on the part of the plaintiff to file a receipt
11of the plaintiff's payment to the Department as specified in
12subsection (c) of this Section in court shall be grounds for
13dismissal of the action.
14    (e) During the pendency and hearing of any and all judicial
15proceedings incident to a disciplinary action, the sanctions
16imposed upon the accused by the Department shall remain in full
17force and effect.
 
18    Section 140. Confidentiality. All information collected by
19the Department in the course of an examination or investigation
20of a registrant or applicant, including, but not limited to,
21any complaint against a registrant filed with the Department
22and information collected to investigate any such complaint,
23shall be maintained for the confidential use of the Department
24and shall not be disclosed. The Department may not disclose the
25information to anyone other than law enforcement officials,

 

 

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1other regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or a party presenting
3a lawful subpoena to the Department. Information and documents
4disclosed to a federal, State, county, or local law enforcement
5agency shall not be disclosed by the agency for any purpose to
6any other agency or person. A formal complaint filed against a
7registrant by the Department or any order issued by the
8Department against a registrant or applicant shall be a public
9record, except as otherwise prohibited by law.
 
10    Section 145. Illinois Administrative Procedure Act. The
11Illinois Administrative Procedure Act is hereby expressly
12adopted and incorporated herein as if all of the provisions of
13that Act were included in this Act, except that the provision
14of subsection (d) of Section 10-65 of the Illinois
15Administrative Procedure Act that provides that at hearings the
16registrant has the right to show compliance with all lawful
17requirements for retention, continuation, or renewal of the
18registration is specifically excluded. The Department shall
19not be required to annually verify email addresses as specified
20in paragraph (a) of subsection (2) of Section 10-75 of the
21Illinois Administrative Procedure Act. For the purposes of this
22Act the notice required under Section 10-25 of the Illinois
23Administrative Procedure Act is deemed sufficient when mailed
24to the address of record or emailed to the email address of
25record.
 

 

 

SB4034- 25 -LRB101 23388 SPS 74612 b

1    Section 900. The Regulatory Sunset Act is amended by adding
2Section 4.41 as follows:
 
3    (5 ILCS 80/4.41 new)
4    Sec. 4.41. Act repealed on January 1, 2031. The following
5Act is repealed on January 1, 2031:
6    Landscape Architecture Registration Act.
 
7    Section 905. The Park District Code is amended by changing
8Section 8-50 as follows:
 
9    (70 ILCS 1205/8-50)
10    Sec. 8-50. Definitions. For the purposes of Sections 8-50
11through 8-57, the following terms shall have the following
12meanings, unless the context requires a different meaning:
13    "Delivery system" means the design and construction
14approach used to develop and construct a project.
15    "Design-bid-build" means the traditional delivery system
16used on public projects that incorporates the Local Government
17Professional Services Selection Act and the principles of
18competitive selection.
19    "Design-build" means a delivery system that provides
20responsibility within a single contract for the furnishing of
21architecture, engineering, land surveying, and related
22services as required, and the labor, materials, equipment, and

 

 

SB4034- 26 -LRB101 23388 SPS 74612 b

1other construction services for the project.
2    "Design-build contract" means a contract for a public
3project under this Act between any park district and a
4design-build entity to furnish architecture, engineering, land
5surveying, landscape architecture, and related services as
6required, and to furnish the labor, materials, equipment, and
7other construction services for the project. The design-build
8contract may be conditioned upon subsequent refinements in
9scope and price and may allow the park district to make
10modifications in the project scope without invalidating the
11design-build contract.
12    "Design-build entity" means any individual, sole
13proprietorship, firm, partnership, joint venture, corporation,
14professional corporation, or other entity that proposes to
15design and construct any public project under this Act. A
16design-build entity and associated design-build professionals
17shall conduct themselves in accordance with the laws of this
18State and the related provisions of the Illinois Administrative
19Code, as referenced by the licensed design professionals Acts
20of this State.
21    "Design professional" means any individual, sole
22proprietorship, firm, partnership, joint venture, corporation,
23professional corporation, or other entity that offers services
24under the Illinois Architecture Practice Act of 1989, the
25Professional Engineering Practice Act of 1989, the Structural
26Engineering Practice Act of 1989, or the Illinois Professional

 

 

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1Land Surveyor Act of 1989.
2    "Evaluation criteria" means the requirements for the
3separate phases of the selection process for design-build
4proposals as defined in this Act and may include the
5specialized experience, technical qualifications and
6competence, capacity to perform, past performance, experience
7with similar projects, assignment of personnel to the project,
8and other appropriate factors. Price may not be used as a
9factor in the evaluation of Phase I proposals.
10    "Landscape architect design professional" means any
11person, sole proprietorship, or entity including, but not
12limited to, a partnership, professional service corporation,
13or corporation that offers services under the Landscape
14Architecture Registration Act Illinois Landscape Architecture
15Act of 1989.
16    "Proposal" means the offer to enter into a design-build
17contract as submitted by a design-build entity in accordance
18with this Act.
19    "Request for proposal" means the document used by the park
20district to solicit proposals for a design-build contract.
21    "Scope and performance criteria" means the requirements
22for the public project, including, but not limited to: the
23intended usage, capacity, size, scope, quality, and
24performance standards; life-cycle costs; and other
25programmatic criteria that are expressed in performance
26oriented and quantifiable specifications and drawings that can

 

 

SB4034- 28 -LRB101 23388 SPS 74612 b

1be reasonably inferred and are suited to allow a design-build
2entity to develop a proposal.
3(Source: P.A. 97-349, eff. 8-12-11.)
 
4    Section 910. The Chicago Park District Act is amended by
5changing Section 26.10-4 as follows:
 
6    (70 ILCS 1505/26.10-4)
7    Sec. 26.10-4. Definitions. The following terms, whenever
8used or referred to in this Act, have the following meaning
9unless the context requires a different meaning:
10    "Delivery system" means the design and construction
11approach used to develop and construct a project.
12    "Design-bid-build" means the traditional delivery system
13used on public projects that incorporates the Local Government
14Professional Services Selection Act (50 ILCS 510/) and the
15principles of competitive selection.
16    "Design-build" means a delivery system that provides
17responsibility within a single contract for the furnishing of
18architecture, engineering, land surveying and related services
19as required, and the labor, materials, equipment, and other
20construction services for the project.
21    "Design-build contract" means a contract for a public
22project under this Act between the Chicago Park District and a
23design-build entity to furnish architecture, engineering, land
24surveying, landscape architecture, and related services as

 

 

SB4034- 29 -LRB101 23388 SPS 74612 b

1required, and to furnish the labor, materials, equipment, and
2other construction services for the project. The design-build
3contract may be conditioned upon subsequent refinements in
4scope and price and may allow the Chicago Park District to make
5modifications in the project scope without invalidating the
6design-build contract.
7    "Design-build entity" means any individual, sole
8proprietorship, firm, partnership, joint venture, corporation,
9professional corporation, or other entity that proposes to
10design and construct any public project under this Act. A
11design-build entity and associated design-build professionals
12shall conduct themselves in accordance with the laws of this
13State and the related provisions of the Illinois Administrative
14Code, as referenced by the licensed design professionals Acts
15of this State.
16    "Design professional" means any individual, sole
17proprietorship, firm, partnership, joint venture, corporation,
18professional corporation, or other entity that offers services
19under the Illinois Architecture Practice Act of 1989 (225 ILCS
20305/), the Professional Engineering Practice Act of 1989 (225
21ILCS 325/), the Structural Engineering Practice Act of 1989
22(225 ILCS 340/), or the Illinois Professional Land Surveyor Act
23of 1989 (225 ILCS 330/).
24    "Landscape architect design professional" means any
25person, sole proprietorship, or entity such as a partnership,
26professional service corporation, or corporation that offers

 

 

SB4034- 30 -LRB101 23388 SPS 74612 b

1services under the Landscape Architecture Registration Act
2Illinois Landscape Architecture Act of 1989.
3    "Evaluation criteria" means the requirements for the
4separate phases of the selection process for design-build
5proposals as defined in this Act and may include the
6specialized experience, technical qualifications and
7competence, capacity to perform, past performance, experience
8with similar projects, assignment of personnel to the project,
9and other appropriate factors. Price may not be used as a
10factor in the evaluation of Phase I proposals.
11    "Proposal" means the offer to enter into a design-build
12contract as submitted by a design-build entity in accordance
13with this Act.
14    "Request for proposal" means the document used by the
15Chicago Park District to solicit proposals for a design-build
16contract.
17    "Scope and performance criteria" means the requirements
18for the public project, including but not limited to, the
19intended usage, capacity, size, scope, quality and performance
20standards, life-cycle costs, and other programmatic criteria
21that are expressed in performance-oriented and quantifiable
22specifications and drawings that can be reasonably inferred and
23are suited to allow a design-build entity to develop a
24proposal.
25    "Guaranteed maximum price" means a form of contract in
26which compensation may vary according to the scope of work

 

 

SB4034- 31 -LRB101 23388 SPS 74612 b

1involved but in any case may not exceed an agreed total amount.
2(Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
 
3    Section 915. The Professional Geologist Licensing Act is
4amended by changing Section 20 as follows:
 
5    (225 ILCS 745/20)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 20. Exemptions. Nothing in this Act shall be construed
8to restrict the use of the title "geologist" or similar words
9by any person engaged in a practice of geology exempted under
10this Act, provided the person does not hold himself or herself
11out as being a Licensed Professional Geologist or does not
12practice professional geology in a manner requiring licensure
13under this Act. Performance of the following activities does
14not require licensure as a licensed professional geologist
15under this Act:
16        (a) The practice of professional geology by an employee
17    or a subordinate of a licensee under this Act, provided the
18    work does not include responsible charge of geological work
19    and is performed under the direct supervision of a Licensed
20    Professional Geologist who is responsible for the work.
21        (b) The practice of professional geology by officers
22    and employees of the United States government within the
23    scope of their employment.
24        (c) The practice of professional geology as geologic

 

 

SB4034- 32 -LRB101 23388 SPS 74612 b

1    research to advance basic knowledge for the purpose of
2    offering scientific papers, publications, or other
3    presentations (i) before meetings of scientific societies,
4    (ii) internal to a partnership, corporation,
5    proprietorship, or government agency, or (iii) for
6    publication in scientific journals, or in books.
7        (d) The teaching of geology in schools, colleges, or
8    universities, as defined by rule.
9        (e) The practice of professional geology exclusively
10    in the exploration for or development of energy resources
11    or base, precious and nonprecious minerals, including
12    sand, gravel, and aggregate, that does not require, by law,
13    rule, or ordinance, the submission of reports, documents,
14    or oral or written testimony to public agencies. Public
15    agencies may, by law or by rule, allow required oral or
16    written testimony, reports, permit applications, or other
17    documents based on the science of geology to be submitted
18    to them by persons not licensed under this Act. Unless
19    otherwise required by State or federal law, public agencies
20    may not require that the geology-based aspects of
21    testimony, reports, permits, or other documents so
22    exempted be reviewed by, approved, or otherwise certified
23    by any person who is not a Licensed Professional Geologist.
24    Licensure is not required for the submission and review of
25    reports or documents or the provision of oral or written
26    testimony made under the Well Abandonment Act, the Illinois

 

 

SB4034- 33 -LRB101 23388 SPS 74612 b

1    Oil and Gas Act, the Surface Coal Mining Land Conservation
2    and Reclamation Act, or the Surface-Mined Land
3    Conservation and Reclamation Act.
4        (f) The practice of professional engineering as
5    defined in the Professional Engineering Practice Act of
6    1989.
7        (g) The practice of structural engineering as defined
8    in the Structural Engineering Practice Act of 1989.
9        (h) The practice of architecture as defined in the
10    Illinois Architecture Practice Act of 1989.
11        (i) The practice of land surveying as defined in the
12    Illinois Professional Land Surveyor Act of 1989.
13        (j) The practice of landscape architecture as defined
14    in the Landscape Architecture Registration Act Illinois
15    Landscape Architecture Act of 1989.
16        (k) The practice of professional geology for a period
17    not to exceed 9 months by any person pursuing a course of
18    study leading to a degree in geology from an accredited
19    college or university, as set forth in this Act and as
20    established by rule, provided that (i) such practice
21    constitutes a part of a supervised course of study, (ii)
22    the person is under the supervision of a geologist licensed
23    under this Act or a teacher of geology at an accredited
24    college or university, and (iii) the person is designated
25    by a title that clearly indicates his or her status as a
26    student or trainee.

 

 

SB4034- 34 -LRB101 23388 SPS 74612 b

1(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
 
2    Section 920. The Unified Code of Corrections is amended by
3changing Section 5-5-5 as follows:
 
4    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
5    Sec. 5-5-5. Loss and restoration of rights.
6    (a) Conviction and disposition shall not entail the loss by
7the defendant of any civil rights, except under this Section
8and Sections 29-6 and 29-10 of The Election Code, as now or
9hereafter amended.
10    (b) A person convicted of a felony shall be ineligible to
11hold an office created by the Constitution of this State until
12the completion of his sentence.
13    (c) A person sentenced to imprisonment shall lose his right
14to vote until released from imprisonment.
15    (d) On completion of sentence of imprisonment or upon
16discharge from probation, conditional discharge or periodic
17imprisonment, or at any time thereafter, all license rights and
18privileges granted under the authority of this State which have
19been revoked or suspended because of conviction of an offense
20shall be restored unless the authority having jurisdiction of
21such license rights finds after investigation and hearing that
22restoration is not in the public interest. This paragraph (d)
23shall not apply to the suspension or revocation of a license to
24operate a motor vehicle under the Illinois Vehicle Code.

 

 

SB4034- 35 -LRB101 23388 SPS 74612 b

1    (e) Upon a person's discharge from incarceration or parole,
2or upon a person's discharge from probation or at any time
3thereafter, the committing court may enter an order certifying
4that the sentence has been satisfactorily completed when the
5court believes it would assist in the rehabilitation of the
6person and be consistent with the public welfare. Such order
7may be entered upon the motion of the defendant or the State or
8upon the court's own motion.
9    (f) Upon entry of the order, the court shall issue to the
10person in whose favor the order has been entered a certificate
11stating that his behavior after conviction has warranted the
12issuance of the order.
13    (g) This Section shall not affect the right of a defendant
14to collaterally attack his conviction or to rely on it in bar
15of subsequent proceedings for the same offense.
16    (h) No application for any license specified in subsection
17(i) of this Section granted under the authority of this State
18shall be denied by reason of an eligible offender who has
19obtained a certificate of relief from disabilities, as defined
20in Article 5.5 of this Chapter, having been previously
21convicted of one or more criminal offenses, or by reason of a
22finding of lack of "good moral character" when the finding is
23based upon the fact that the applicant has previously been
24convicted of one or more criminal offenses, unless:
25        (1) there is a direct relationship between one or more
26    of the previous criminal offenses and the specific license

 

 

SB4034- 36 -LRB101 23388 SPS 74612 b

1    sought; or
2        (2) the issuance of the license would involve an
3    unreasonable risk to property or to the safety or welfare
4    of specific individuals or the general public.
5    In making such a determination, the licensing agency shall
6consider the following factors:
7        (1) the public policy of this State, as expressed in
8    Article 5.5 of this Chapter, to encourage the licensure and
9    employment of persons previously convicted of one or more
10    criminal offenses;
11        (2) the specific duties and responsibilities
12    necessarily related to the license being sought;
13        (3) the bearing, if any, the criminal offenses or
14    offenses for which the person was previously convicted will
15    have on his or her fitness or ability to perform one or
16    more such duties and responsibilities;
17        (4) the time which has elapsed since the occurrence of
18    the criminal offense or offenses;
19        (5) the age of the person at the time of occurrence of
20    the criminal offense or offenses;
21        (6) the seriousness of the offense or offenses;
22        (7) any information produced by the person or produced
23    on his or her behalf in regard to his or her rehabilitation
24    and good conduct, including a certificate of relief from
25    disabilities issued to the applicant, which certificate
26    shall create a presumption of rehabilitation in regard to

 

 

SB4034- 37 -LRB101 23388 SPS 74612 b

1    the offense or offenses specified in the certificate; and
2        (8) the legitimate interest of the licensing agency in
3    protecting property, and the safety and welfare of specific
4    individuals or the general public.
5    (i) A certificate of relief from disabilities shall be
6issued only for a license or certification issued under the
7following Acts:
8        (1) the Animal Welfare Act; except that a certificate
9    of relief from disabilities may not be granted to provide
10    for the issuance or restoration of a license under the
11    Animal Welfare Act for any person convicted of violating
12    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
13    Care for Animals Act or Section 26-5 or 48-1 of the
14    Criminal Code of 1961 or the Criminal Code of 2012;
15        (2) the Illinois Athletic Trainers Practice Act;
16        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
17    and Nail Technology Act of 1985;
18        (4) the Boiler and Pressure Vessel Repairer Regulation
19    Act;
20        (5) the Boxing and Full-contact Martial Arts Act;
21        (6) the Illinois Certified Shorthand Reporters Act of
22    1984;
23        (7) the Illinois Farm Labor Contractor Certification
24    Act;
25        (8) the Registered Interior Designers Act;
26        (9) the Illinois Professional Land Surveyor Act of

 

 

SB4034- 38 -LRB101 23388 SPS 74612 b

1    1989;
2        (10) the Landscape Architecture Registration Act
3    Illinois Landscape Architecture Act of 1989;
4        (11) the Marriage and Family Therapy Licensing Act;
5        (12) the Private Employment Agency Act;
6        (13) the Professional Counselor and Clinical
7    Professional Counselor Licensing and Practice Act;
8        (14) the Real Estate License Act of 2000;
9        (15) the Illinois Roofing Industry Licensing Act;
10        (16) the Professional Engineering Practice Act of
11    1989;
12        (17) the Water Well and Pump Installation Contractor's
13    License Act;
14        (18) the Electrologist Licensing Act;
15        (19) the Auction License Act;
16        (20) the Illinois Architecture Practice Act of 1989;
17        (21) the Dietitian Nutritionist Practice Act;
18        (22) the Environmental Health Practitioner Licensing
19    Act;
20        (23) the Funeral Directors and Embalmers Licensing
21    Code;
22        (24) (blank);
23        (25) the Professional Geologist Licensing Act;
24        (26) the Illinois Public Accounting Act; and
25        (27) the Structural Engineering Practice Act of 1989.
26(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)