Illinois General Assembly - Full Text of SB0214
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Full Text of SB0214  102nd General Assembly

SB0214enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0214 EnrolledLRB102 09917 SPS 15235 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
22her duties 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
5or restricting 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
20affix his or her seal to any plans, specifications, and
21reports prepared by or under his or her supervision in
22connection with the incidental practice of landscape
23architecture.
 
24    Section 23. Technical submissions.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Department and by paying the required fee as determined by
2rule.
3    (c) A registered landscape architect whose registration
4expired while engaged (1) in federal service on active duty
5with the Armed Forces of the United States or the State Militia
6called into service or training or (2) in training or
7education under the supervision of the United States
8preliminary to induction into the military service, may have a
9registration restored or reinstated without paying any lapsed
10reinstatement, renewal, or restoration fees if within 2 years
11after termination other than by dishonorable discharge of such
12service, training, or education and the Department is
13furnished with satisfactory evidence that the registrant has
14been so engaged in the practice of landscape architecture and
15that such service, training, or education has been so
16terminated.
 
17    Section 55. Prior registrations under the Illinois
18Landscape Architecture Act of 1989. A person who was actively
19registered under the Illinois Landscape Architecture Act of
201989 and had renewed his or her registration before January 1,
212020, may have his or her registration restored without fee
22upon the effective date of the rules adopted under this Act.
 
23    Section 60. Inactive status.
24    (a) A person registered under this Act who notifies the

 

 

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

 

 

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

 

 

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

 

 

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1    (i) a felony, (ii) a misdemeanor, an essential element of
2    which is dishonesty, or (iii) any crime that is directly
3    related to the practice of landscape architecture.
4        (4) Making any misrepresentations for the purpose of
5    obtaining a certificate of registration.
6        (5) Professional incompetence or gross negligence in
7    the rendering of landscape architectural services.
8        (6) Aiding or assisting another person in violating
9    any provision of this Act or any rules and regulations
10    issued pursuant to this Act.
11        (7) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (9) Habitual or excessive use or abuse of drugs
17    defined by law as controlled substances, alcohol,
18    narcotics, stimulants, or any other substances that
19    results in the inability to practice with reasonable
20    judgment, skill, or safety.
21        (10) Discipline by another jurisdiction, if at least
22    one of the grounds for the discipline is the same or
23    substantially equivalent to those set forth in this
24    Section.
25        (11) Directly or indirectly giving to or receiving
26    from any person, firm, corporation, partnership, or

 

 

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

 

 

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1        (18) Signing, affixing, or allowing the registered
2    landscape architect's seal to be affixed to any plans not
3    prepared by the registered landscape architect or under
4    the registered landscape architect's supervision.
5    (b) The Department may refuse to issue or may suspend the
6registration of any person who fails to file a return, fails to
7pay the tax, penalty, or interest showing in a filed return, or
8fails to pay any final assessment of tax, penalty, or
9interest, as required by any tax Act administered by the
10Department of Revenue, until any such tax Act are satisfied.
11    (c) The entry of a decree by any circuit court
12establishing that any person holding a certificate of
13registration under this Act is a person subject to involuntary
14admission under the Mental Health and Developmental
15Disabilities Code shall operate as a suspension of that
16registration. That person may resume using the title
17"registered landscape architect" or "landscape architect" only
18upon a finding by the Department that he or she has been
19determined to be no longer subject to involuntary admission by
20the court and meeting the requirements for restoration as
21required by this Act and its rules.
 
22    Section 90. Investigation; notice and hearing.
23    (a) The Department may investigate the actions of any
24applicant or of any person holding or claiming to hold a
25certificate of registration under this Act.

 

 

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1    (b) The Department shall, before disciplining an applicant
2or registrant, at least 30 days prior to the date set for the
3hearing, (i) notify in writing the applicant or registrant of
4the charges made and the time and place for the hearing on the
5charges, (ii) direct the applicant or registrant to file a
6written answer to the charges under oath within 20 days after
7the service of the notice, and (iii) inform the applicant or
8registrant that failure to file a written answer to the
9charges will result in a default judgment being entered
10against the applicant or registrant.
11    (c) Written or electronic notice, and any notice in the
12subsequent proceeding, may be served by personal delivery, by
13email, or by mail to the applicant or registrant at their
14address of record or email address of record.
15    (d) At the time and place fixed in the notice, the hearing
16officer appointed by the Secretary shall proceed to hear the
17charges and the parties or their counsel shall be accorded
18ample opportunity to present any statement, testimony,
19evidence, and argument as may be pertinent to the charges or to
20their defense. The hearing officer may continue the hearing
21from time to time.
22    (e) In case the registrant or applicant, after receiving
23the notice, fails to file an answer, their registration may,
24in the discretion of the Secretary, be suspended, revoked,
25placed on probationary status, or be subject to whatever
26disciplinary action the Secretary considers proper, including

 

 

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1limiting the scope, nature, or extent of the person's practice
2or imposition of a fine, without hearing, if the act or acts
3charged constitute sufficient grounds for such action under
4this Act.
 
5    Section 95. Record of proceedings.
6    (a) The Department, at its expense, shall provide a
7certified shorthand reporter to take down the testimony and
8preserve a record of all proceedings in which a registrant may
9have their registration revoked or suspended or in which the
10registrant may be placed on probationary status, reprimanded,
11fined, or subjected to other disciplinary action with
12reference to the registration when a disciplinary action is
13authorized under this Act and rules issued pursuant to this
14Act. The notice of hearing, complaint, and all other documents
15in the nature of pleadings and written motions filed in the
16proceedings, the transcript of the testimony, and the orders
17of the Department shall be the record of the proceedings. The
18record may be made available to any person interested in the
19hearing upon payment of the fee required by Section 2105-115
20of the Department of Professional Regulation Law.
21    (b) The Department may contract for court reporting
22services, and, if it does so, the Department shall provide the
23name and contact information for the certified shorthand
24reporter who transcribed the testimony at a hearing to any
25person interested, who may obtain a copy of the transcript of

 

 

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1any proceedings at a hearing upon payment of the fee specified
2by the certified shorthand reporter.
 
3    Section 100. Subpoenas; depositions; oaths.
4    (a) The Department has the power to subpoena and bring
5before it any person and to take testimony either orally, by
6deposition, or both, with the same fees and mileage and in the
7same manner as prescribed in civil cases in circuit courts of
8this State.
9    (b) The Secretary and the designated hearing officer have
10the power to administer oaths to witnesses at any hearing
11which the Department is authorized to conduct, and any other
12oaths authorized in any Act administered by the Department.
 
13    Section 105. Compelling testimony. Any court, upon the
14application of the Department, designated hearing officer, or
15the applicant or registrant against whom proceedings under
16Section 85 of this Act are pending, may, enter an order
17requiring the attendance of witnesses and their testimony and
18the production of documents, papers, files, books, and records
19in connection with any hearing or investigation. The court may
20compel obedience to its order by proceedings for contempt.
 
21    Section 110. Hearing; motion for rehearing.
22    (a) The hearing officer appointed by the Secretary shall
23hear evidence in support of the formal charges and evidence

 

 

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

 

 

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1justice has been done, the Secretary may order a hearing by the
2same or another hearing officer.
3    (e) At any point in any investigation or disciplinary
4proceeding provided for in this Act, both parties may agree to
5a negotiated consent order. The consent order shall be final
6upon signature of the Secretary.
 
7    Section 115. Appointment of a hearing officer. The
8Secretary has the authority to appoint an attorney licensed to
9practice law in the State of Illinois to serve as the hearing
10officer in any action for refusal to issue, restore, or renew a
11registration or to discipline an applicant or registrant. The
12hearing officer shall have full authority to conduct the
13hearing.
 
14    Section 120. Order or certified copy; prima facie proof.
15An order or a certified copy thereof, over the seal of the
16Department and purporting to be signed by the Secretary, shall
17be prima facie proof that:
18        (1) the signature is the genuine signature of the
19    Secretary; and
20        (2) the Secretary is appointed and qualified.
 
21    Section 125. Restoration of suspended or revoked
22registration.
23    (a) At any time after the successful completion of a term

 

 

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1of probation, suspension, or revocation of a registration
2under this Act, the Department may restore it to the
3registrant unless after an investigation and hearing the
4Department determines that restoration is not in the public
5interest.
6    (b) Where circumstances of suspension or revocation so
7indicate, the Department may require an examination of the
8registrant prior to restoring his or her registration.
9    (c) No person whose registration has been revoked as
10authorized in this Act may apply for restoration of that
11registration until such time as provided for in the Civil
12Administrative Code of Illinois.
13    (d) A registration that has been suspended or revoked
14shall be considered nonrenewed for purposes of restoration and
15a registration restoring their registration from suspension or
16revocation must comply with the requirements for restoration
17as set forth in Section 50 of this Act and any rules adopted
18pursuant to this Act.
 
19    Section 130. Surrender of registration. Upon the
20revocation or suspension of any registration, the registrant
21shall immediately surrender his or her certificate of
22registration to the Department. If the registrant fails to do
23so, the Department has the right to seize the certificate of
24registration.
 

 

 

SB0214 Enrolled- 23 -LRB102 09917 SPS 15235 b

1    Section 135. Administrative Review Law; venue.
2    (a) All final administrative decisions of the Department
3are subject to judicial review under the Administrative Review
4Law and its rules. The term "administrative decision" is
5defined as in Section 3-101 of the Code of Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides, but if the party is not a resident of this
9State, the venue shall be in Sangamon County.
10    (c) The Department shall not be required to certify any
11record to the court, file any answer in court, or to otherwise
12appear in any court in a judicial review proceeding, unless
13and until the Department has received from the plaintiff
14payment of the costs of furnishing and certifying the record,
15which costs shall be determined by the Department.
16    (d) Failure on the part of the plaintiff to file a receipt
17of the plaintiff's payment to the Department as specified in
18subsection (c) of this Section in court shall be grounds for
19dismissal of the action.
20    (e) During the pendency and hearing of any and all
21judicial proceedings incident to a disciplinary action, the
22sanctions imposed upon the accused by the Department shall
23remain in full force and effect.
 
24    Section 140. Confidentiality. All information collected by
25the Department in the course of an examination or

 

 

SB0214 Enrolled- 24 -LRB102 09917 SPS 15235 b

1investigation of a registrant or applicant, including, but not
2limited to, any complaint against a registrant filed with the
3Department and information collected to investigate any such
4complaint, shall be maintained for the confidential use of the
5Department and shall not be disclosed. The Department may not
6disclose the information to anyone other than law enforcement
7officials, other regulatory agencies that have an appropriate
8regulatory interest as determined by the Secretary, or a party
9presenting a lawful subpoena to the Department. Information
10and documents disclosed to a federal, State, county, or local
11law enforcement agency shall not be disclosed by the agency
12for any purpose to any other agency or person. A formal
13complaint filed against a registrant by the Department or any
14order issued by the Department against a registrant or
15applicant shall be a public record, except as otherwise
16prohibited by law.
 
17    Section 145. Illinois Administrative Procedure Act. The
18Illinois Administrative Procedure Act is hereby expressly
19adopted and incorporated herein as if all of the provisions of
20that Act were included in this Act, except that the provision
21of subsection (d) of Section 10-65 of the Illinois
22Administrative Procedure Act that provides that at hearings
23the registrant has the right to show compliance with all
24lawful requirements for retention, continuation, or renewal of
25the registration is specifically excluded. The Department

 

 

SB0214 Enrolled- 25 -LRB102 09917 SPS 15235 b

1shall not be required to annually verify email addresses as
2specified in paragraph (a) of subsection (2) of Section 10-75
3of the Illinois Administrative Procedure Act. For the purposes
4of this Act, the notice required under Section 10-25 of the
5Illinois Administrative Procedure Act is deemed sufficient
6when mailed to the address of record or emailed to the email
7address of record.
 
8    Section 900. The Regulatory Sunset Act is amended by
9changing Section 4.37 as follows:
 
10    (5 ILCS 80/4.37)
11    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
12The following are repealed on January 1, 2027:
13    The Clinical Psychologist Licensing Act.
14    The Illinois Optometric Practice Act of 1987.
15    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
16XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
17    The Boiler and Pressure Vessel Repairer Regulation Act.
18    The Marriage and Family Therapy Licensing Act.
19    The Landscape Architecture Registration Act.
20(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
2199-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
228-18-17; 100-372, eff. 8-25-17.)
 
23    Section 905. The Park District Code is amended by changing

 

 

SB0214 Enrolled- 26 -LRB102 09917 SPS 15235 b

1Section 8-50 as follows:
 
2    (70 ILCS 1205/8-50)
3    Sec. 8-50. Definitions. For the purposes of Sections 8-50
4through 8-57, the following terms shall have the following
5meanings, unless the context requires a different meaning:
6    "Delivery system" means the design and construction
7approach used to develop and construct a project.
8    "Design-bid-build" means the traditional delivery system
9used on public projects that incorporates the Local Government
10Professional Services Selection Act and the principles of
11competitive selection.
12    "Design-build" means a delivery system that provides
13responsibility within a single contract for the furnishing of
14architecture, engineering, land surveying, and related
15services as required, and the labor, materials, equipment, and
16other construction services for the project.
17    "Design-build contract" means a contract for a public
18project under this Act between any park district and a
19design-build entity to furnish architecture, engineering, land
20surveying, landscape architecture, and related services as
21required, and to furnish the labor, materials, equipment, and
22other construction services for the project. The design-build
23contract may be conditioned upon subsequent refinements in
24scope and price and may allow the park district to make
25modifications in the project scope without invalidating the

 

 

SB0214 Enrolled- 27 -LRB102 09917 SPS 15235 b

1design-build contract.
2    "Design-build entity" means any individual, sole
3proprietorship, firm, partnership, joint venture, corporation,
4professional corporation, or other entity that proposes to
5design and construct any public project under this Act. A
6design-build entity and associated design-build professionals
7shall conduct themselves in accordance with the laws of this
8State and the related provisions of the Illinois
9Administrative Code, as referenced by the licensed design
10professionals Acts of this State.
11    "Design professional" means any individual, sole
12proprietorship, firm, partnership, joint venture, corporation,
13professional corporation, or other entity that offers services
14under the Illinois Architecture Practice Act of 1989, the
15Professional Engineering Practice Act of 1989, the Structural
16Engineering Practice Act of 1989, or the Illinois Professional
17Land Surveyor Act of 1989.
18    "Evaluation criteria" means the requirements for the
19separate phases of the selection process for design-build
20proposals as defined in this Act and may include the
21specialized experience, technical qualifications and
22competence, capacity to perform, past performance, experience
23with similar projects, assignment of personnel to the project,
24and other appropriate factors. Price may not be used as a
25factor in the evaluation of Phase I proposals.
26    "Landscape architect design professional" means any

 

 

SB0214 Enrolled- 28 -LRB102 09917 SPS 15235 b

1person, sole proprietorship, or entity including, but not
2limited to, a partnership, professional service corporation,
3or corporation that offers services under the Landscape
4Architecture Registration Act Illinois Landscape Architecture
5Act of 1989.
6    "Proposal" means the offer to enter into a design-build
7contract as submitted by a design-build entity in accordance
8with this Act.
9    "Request for proposal" means the document used by the park
10district to solicit proposals for a design-build contract.
11    "Scope and performance criteria" means the requirements
12for the public project, including, but not limited to: the
13intended usage, capacity, size, scope, quality, and
14performance standards; life-cycle costs; and other
15programmatic criteria that are expressed in performance
16oriented and quantifiable specifications and drawings that can
17be reasonably inferred and are suited to allow a design-build
18entity to develop a proposal.
19(Source: P.A. 97-349, eff. 8-12-11.)
 
20    Section 910. The Chicago Park District Act is amended by
21changing Section 26.10-4 as follows:
 
22    (70 ILCS 1505/26.10-4)
23    Sec. 26.10-4. Definitions. The following terms, whenever
24used or referred to in this Act, have the following meaning

 

 

SB0214 Enrolled- 29 -LRB102 09917 SPS 15235 b

1unless the context requires a different meaning:
2    "Delivery system" means the design and construction
3approach used to develop and construct a project.
4    "Design-bid-build" means the traditional delivery system
5used on public projects that incorporates the Local Government
6Professional Services Selection Act (50 ILCS 510/) and the
7principles of competitive selection.
8    "Design-build" means a delivery system that provides
9responsibility within a single contract for the furnishing of
10architecture, engineering, land surveying and related services
11as required, and the labor, materials, equipment, and other
12construction services for the project.
13    "Design-build contract" means a contract for a public
14project under this Act between the Chicago Park District and a
15design-build entity to furnish architecture, engineering, land
16surveying, landscape architecture, and related services as
17required, and to furnish the labor, materials, equipment, and
18other construction services for the project. The design-build
19contract may be conditioned upon subsequent refinements in
20scope and price and may allow the Chicago Park District to make
21modifications in the project scope without invalidating the
22design-build contract.
23    "Design-build entity" means any individual, sole
24proprietorship, firm, partnership, joint venture, corporation,
25professional corporation, or other entity that proposes to
26design and construct any public project under this Act. A

 

 

SB0214 Enrolled- 30 -LRB102 09917 SPS 15235 b

1design-build entity and associated design-build professionals
2shall conduct themselves in accordance with the laws of this
3State and the related provisions of the Illinois
4Administrative Code, as referenced by the licensed design
5professionals Acts of this State.
6    "Design professional" means any individual, sole
7proprietorship, firm, partnership, joint venture, corporation,
8professional corporation, or other entity that offers services
9under the Illinois Architecture Practice Act of 1989 (225 ILCS
10305/), the Professional Engineering Practice Act of 1989 (225
11ILCS 325/), the Structural Engineering Practice Act of 1989
12(225 ILCS 340/), or the Illinois Professional Land Surveyor
13Act of 1989 (225 ILCS 330/).
14    "Landscape architect design professional" means any
15person, sole proprietorship, or entity such as a partnership,
16professional service corporation, or corporation that offers
17services under the Landscape Architecture Registration Act
18Illinois Landscape Architecture Act of 1989.
19    "Evaluation criteria" means the requirements for the
20separate phases of the selection process for design-build
21proposals as defined in this Act and may include the
22specialized experience, technical qualifications and
23competence, capacity to perform, past performance, experience
24with similar projects, assignment of personnel to the project,
25and other appropriate factors. Price may not be used as a
26factor in the evaluation of Phase I proposals.

 

 

SB0214 Enrolled- 31 -LRB102 09917 SPS 15235 b

1    "Proposal" means the offer to enter into a design-build
2contract as submitted by a design-build entity in accordance
3with this Act.
4    "Request for proposal" means the document used by the
5Chicago Park District to solicit proposals for a design-build
6contract.
7    "Scope and performance criteria" means the requirements
8for the public project, including but not limited to, the
9intended usage, capacity, size, scope, quality and performance
10standards, life-cycle costs, and other programmatic criteria
11that are expressed in performance-oriented and quantifiable
12specifications and drawings that can be reasonably inferred
13and are suited to allow a design-build entity to develop a
14proposal.
15    "Guaranteed maximum price" means a form of contract in
16which compensation may vary according to the scope of work
17involved but in any case may not exceed an agreed total amount.
18(Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
 
19    Section 915. The Professional Geologist Licensing Act is
20amended by changing Section 20 as follows:
 
21    (225 ILCS 745/20)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 20. Exemptions. Nothing in this Act shall be
24construed to restrict the use of the title "geologist" or

 

 

SB0214 Enrolled- 32 -LRB102 09917 SPS 15235 b

1similar words by any person engaged in a practice of geology
2exempted under this Act, provided the person does not hold
3himself or herself out as being a Licensed Professional
4Geologist or does not practice professional geology in a
5manner requiring licensure under this Act. Performance of the
6following activities does not require licensure as a licensed
7professional geologist under this Act:
8        (a) The practice of professional geology by an
9    employee or a subordinate of a licensee under this Act,
10    provided the work does not include responsible charge of
11    geological work and is performed under the direct
12    supervision of a Licensed Professional Geologist who is
13    responsible for the work.
14        (b) The practice of professional geology by officers
15    and employees of the United States government within the
16    scope of their employment.
17        (c) The practice of professional geology as geologic
18    research to advance basic knowledge for the purpose of
19    offering scientific papers, publications, or other
20    presentations (i) before meetings of scientific societies,
21    (ii) internal to a partnership, corporation,
22    proprietorship, or government agency, or (iii) for
23    publication in scientific journals, or in books.
24        (d) The teaching of geology in schools, colleges, or
25    universities, as defined by rule.
26        (e) The practice of professional geology exclusively

 

 

SB0214 Enrolled- 33 -LRB102 09917 SPS 15235 b

1    in the exploration for or development of energy resources
2    or base, precious and nonprecious minerals, including
3    sand, gravel, and aggregate, that does not require, by
4    law, rule, or ordinance, the submission of reports,
5    documents, or oral or written testimony to public
6    agencies. Public agencies may, by law or by rule, allow
7    required oral or written testimony, reports, permit
8    applications, or other documents based on the science of
9    geology to be submitted to them by persons not licensed
10    under this Act. Unless otherwise required by State or
11    federal law, public agencies may not require that the
12    geology-based aspects of testimony, reports, permits, or
13    other documents so exempted be reviewed by, approved, or
14    otherwise certified by any person who is not a Licensed
15    Professional Geologist. Licensure is not required for the
16    submission and review of reports or documents or the
17    provision of oral or written testimony made under the Well
18    Abandonment Act, the Illinois Oil and Gas Act, the Surface
19    Coal Mining Land Conservation and Reclamation Act, or the
20    Surface-Mined Land Conservation and Reclamation Act.
21        (f) The practice of professional engineering as
22    defined in the Professional Engineering Practice Act of
23    1989.
24        (g) The practice of structural engineering as defined
25    in the Structural Engineering Practice Act of 1989.
26        (h) The practice of architecture as defined in the

 

 

SB0214 Enrolled- 34 -LRB102 09917 SPS 15235 b

1    Illinois Architecture Practice Act of 1989.
2        (i) The practice of land surveying as defined in the
3    Illinois Professional Land Surveyor Act of 1989.
4        (j) The practice of landscape architecture as defined
5    in the Landscape Architecture Registration Act Illinois
6    Landscape Architecture Act of 1989.
7        (k) The practice of professional geology for a period
8    not to exceed 9 months by any person pursuing a course of
9    study leading to a degree in geology from an accredited
10    college or university, as set forth in this Act and as
11    established by rule, provided that (i) such practice
12    constitutes a part of a supervised course of study, (ii)
13    the person is under the supervision of a geologist
14    licensed under this Act or a teacher of geology at an
15    accredited college or university, and (iii) the person is
16    designated by a title that clearly indicates his or her
17    status as a student or trainee.
18(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
 
19    Section 920. The Unified Code of Corrections is amended by
20changing Section 5-5-5 as follows:
 
21    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
22    Sec. 5-5-5. Loss and restoration of rights.
23    (a) Conviction and disposition shall not entail the loss
24by the defendant of any civil rights, except under this

 

 

SB0214 Enrolled- 35 -LRB102 09917 SPS 15235 b

1Section and Sections 29-6 and 29-10 of The Election Code, as
2now or hereafter amended.
3    (b) A person convicted of a felony shall be ineligible to
4hold an office created by the Constitution of this State until
5the completion of his sentence.
6    (c) A person sentenced to imprisonment shall lose his
7right to vote until released from imprisonment.
8    (d) On completion of sentence of imprisonment or upon
9discharge from probation, conditional discharge or periodic
10imprisonment, or at any time thereafter, all license rights
11and privileges granted under the authority of this State which
12have been revoked or suspended because of conviction of an
13offense shall be restored unless the authority having
14jurisdiction of such license rights finds after investigation
15and hearing that restoration is not in the public interest.
16This paragraph (d) shall not apply to the suspension or
17revocation of a license to operate a motor vehicle under the
18Illinois Vehicle Code.
19    (e) Upon a person's discharge from incarceration or
20parole, or upon a person's discharge from probation or at any
21time thereafter, the committing court may enter an order
22certifying that the sentence has been satisfactorily completed
23when the court believes it would assist in the rehabilitation
24of the person and be consistent with the public welfare. Such
25order may be entered upon the motion of the defendant or the
26State or upon the court's own motion.

 

 

SB0214 Enrolled- 36 -LRB102 09917 SPS 15235 b

1    (f) Upon entry of the order, the court shall issue to the
2person in whose favor the order has been entered a certificate
3stating that his behavior after conviction has warranted the
4issuance of the order.
5    (g) This Section shall not affect the right of a defendant
6to collaterally attack his conviction or to rely on it in bar
7of subsequent proceedings for the same offense.
8    (h) No application for any license specified in subsection
9(i) of this Section granted under the authority of this State
10shall be denied by reason of an eligible offender who has
11obtained a certificate of relief from disabilities, as defined
12in Article 5.5 of this Chapter, having been previously
13convicted of one or more criminal offenses, or by reason of a
14finding of lack of "good moral character" when the finding is
15based upon the fact that the applicant has previously been
16convicted of one or more criminal offenses, unless:
17        (1) there is a direct relationship between one or more
18    of the previous criminal offenses and the specific license
19    sought; or
20        (2) the issuance of the license would involve an
21    unreasonable risk to property or to the safety or welfare
22    of specific individuals or the general public.
23    In making such a determination, the licensing agency shall
24consider the following factors:
25        (1) the public policy of this State, as expressed in
26    Article 5.5 of this Chapter, to encourage the licensure

 

 

SB0214 Enrolled- 37 -LRB102 09917 SPS 15235 b

1    and employment of persons previously convicted of one or
2    more criminal offenses;
3        (2) the specific duties and responsibilities
4    necessarily related to the license being sought;
5        (3) the bearing, if any, the criminal offenses or
6    offenses for which the person was previously convicted
7    will have on his or her fitness or ability to perform one
8    or more such duties and responsibilities;
9        (4) the time which has elapsed since the occurrence of
10    the criminal offense or offenses;
11        (5) the age of the person at the time of occurrence of
12    the criminal offense or offenses;
13        (6) the seriousness of the offense or offenses;
14        (7) any information produced by the person or produced
15    on his or her behalf in regard to his or her rehabilitation
16    and good conduct, including a certificate of relief from
17    disabilities issued to the applicant, which certificate
18    shall create a presumption of rehabilitation in regard to
19    the offense or offenses specified in the certificate; and
20        (8) the legitimate interest of the licensing agency in
21    protecting property, and the safety and welfare of
22    specific individuals or the general public.
23    (i) A certificate of relief from disabilities shall be
24issued only for a license or certification issued under the
25following Acts:
26        (1) the Animal Welfare Act; except that a certificate

 

 

SB0214 Enrolled- 38 -LRB102 09917 SPS 15235 b

1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 or 48-1 of the
6    Criminal Code of 1961 or the Criminal Code of 2012;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Registered Interior Designers Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Landscape Architecture Registration Act
21    Illinois Landscape Architecture Act of 1989;
22        (11) the Marriage and Family Therapy Licensing Act;
23        (12) the Private Employment Agency Act;
24        (13) the Professional Counselor and Clinical
25    Professional Counselor Licensing and Practice Act;
26        (14) the Real Estate License Act of 2000;

 

 

SB0214 Enrolled- 39 -LRB102 09917 SPS 15235 b

1        (15) the Illinois Roofing Industry Licensing Act;
2        (16) the Professional Engineering Practice Act of
3    1989;
4        (17) the Water Well and Pump Installation Contractor's
5    License Act;
6        (18) the Electrologist Licensing Act;
7        (19) the Auction License Act;
8        (20) the Illinois Architecture Practice Act of 1989;
9        (21) the Dietitian Nutritionist Practice Act;
10        (22) the Environmental Health Practitioner Licensing
11    Act;
12        (23) the Funeral Directors and Embalmers Licensing
13    Code;
14        (24) (blank);
15        (25) the Professional Geologist Licensing Act;
16        (26) the Illinois Public Accounting Act; and
17        (27) the Structural Engineering Practice Act of 1989.
18(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.