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for the purpose of creating a safe, efficient, healthful, and |
aesthetically pleasing physical environment for human use and |
enjoyment, as performed by landscape architects. |
"Landscape architectural practice" means the offering or |
furnishing of professional services in connection with a |
landscape architecture project that do not require the seal of |
an architect, land surveyor, professional engineer, or |
structural engineer. These services may include, but are not |
limited to, providing preliminary studies; developing design |
concepts; planning for the relationships of physical |
improvements and intended uses of the site; establishing form |
and aesthetic elements; developing those technical details on |
the site that are exclusive of any building or structure; |
preparing and coordinating technical submissions; and |
conducting site observation of a landscape architecture |
project. |
"Registered landscape architect" means a person who, based |
on education, experience, and examination in the field of |
landscape architecture, is registered under this Act. |
"Secretary" means the Secretary of Financial and |
Professional Regulation. The Secretary may designate his or |
her duties under this Act to a designee of his or her choice, |
including, but not limited to, the Director of Professional |
Regulation.
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Section 15. Title. |
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(a) No person shall use the title "registered landscape |
architect" or "landscape architect" without being so |
registered by the Department. |
(b) Nothing in this Act shall be construed as preventing |
or restricting the offering, advertising, or providing of |
services defined as landscape architecture practice under this |
Act by an individual not registered under this Act.
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Section 20. Seal. |
(a) Every registered landscape architect shall have a |
reproducible seal, which may be computer generated, the |
impression of which shall contain the name of the registered |
landscape architect, the registered landscape architect's |
registration number, and the words "Registered Landscape |
Architect, State of Illinois". The registered landscape |
architect shall be responsible for his or her seal and |
signature as defined by rule. |
(b) Notwithstanding the requirements of this Section, an |
architect, land surveyor, professional engineer, or structural |
engineer licensed by the Department shall be permitted to |
affix his or her seal to any plans, specifications, and |
reports prepared by or under his or her supervision in |
connection with the incidental practice of landscape |
architecture.
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Section 23. Technical submissions. |
|
(a) As used in this Section, "technical submissions" |
includes the designs, drawings, and specifications that |
establish the scope of a landscape architecture project; the |
standard of quality for materials, workmanship, equipment, and |
systems; and the studies and other technical reports and |
calculations prepared in the course of the practice of |
landscape architecture. |
(b) A registered landscape architect shall not exercise |
authority in preparing technical submissions that require the |
involvement of an architect, professional engineer, structural |
engineer, or professional land surveyor licensed in Illinois. |
(c) The registered landscape architect who has contract |
responsibility shall seal a cover sheet of the technical |
submissions and those individual portions of the technical |
submissions for which the registered landscape architect is |
legally and professionally responsible.
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Section 25. Display of registration. Every holder of a |
registered landscape architect registration shall display his |
or her certificate of registration in a conspicuous place in |
his or her principal office, place of business, or place of |
employment.
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Section 30. Address of record; email address of record. |
All applicants and registrants shall: |
(1) provide a valid address and email address to the |
|
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for registration or renewal of registration; |
and |
(2) inform the Department of any change of address of |
record or email address of record within 14 days after |
such change either through the Department's website or by |
contacting the Department.
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Section 33. Registered Landscape Architecture Registration |
Board. |
(a) The Secretary shall appoint a Registered Landscape |
Architecture Registration Board. The Board shall consist of 5 |
persons who shall serve in an advisory capacity to the |
Secretary. All members of the Board shall be residents of |
Illinois. Four members shall be registered under this Act and |
have not been disciplined within the last 10-year period under |
this Act or the Illinois Landscape Architecture Act of 1989. |
In addition to the 4 registered landscape architects, there |
shall be one public member. The public member shall be a voting |
member and shall not be registered under this Act or licensed |
under any other design profession licensing Act that the |
Department administers. |
(b) Board members shall serve 5-year terms and until their |
successors are appointed and qualified. |
(c) In appointing members to the Board, the Secretary |
|
shall give due consideration to recommendations by members and |
organizations of the landscape architecture profession. |
(d) The membership of the Board should reasonably reflect |
representation from the geographic areas in this State. |
(e) No member shall be reappointed to the Board for a term |
that would cause his or her continuous service on the Board to |
be longer than 2 consecutive 5-year terms. |
(f) An appointment to fill a vacancy for the unexpired |
portion of the vacated term shall be made in the same manner as |
an initial appointment. |
(g) Three members shall constitute a quorum. A quorum is |
required for Board decisions. |
(h) The Secretary may terminate the appointment of any |
member for cause that, in the opinion of the Secretary, |
reasonably justified such termination, which may include, but |
is not limited to, a Board member who does not attend 2 |
consecutive meetings. |
(i) Members of the Board may be reimbursed for all |
legitimate, necessary, and authorized expenses. |
(j) The Department may at any time seek the expert advice |
and knowledge of the Board on any matter relating to the |
enforcement of this Act.
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Section 34. Powers and duties of the Board. |
(a) The Board shall hold at least one meeting each year, |
conducted in accordance with the Open Meetings Act. |
|
(b) The Board shall annually elect a chairperson and a |
vice chairperson who shall be registered landscape architects. |
(c) The Department may, at any time, seek the expert |
advice and knowledge of the Board on any matter relating to the |
enforcement of this Act, including qualifications of |
applicants for registration.
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Section 35. Powers and duties of the Department. The |
Department shall exercise, subject to the provisions of this |
Act, the following functions, powers, and duties: |
(1) Authorize examinations to ascertain the fitness |
and qualifications of applicants for registration and pass |
upon the qualifications and fitness of applicants for |
registration by endorsement. |
(2) Adopt rules and regulations required for the |
administration of this Act. |
(3) Conduct hearings on proceedings to refuse to |
issue, renew, or restore registrations, revoke, suspend, |
place on probation, or reprimand persons registered under |
provisions of this Act. |
(4) Adopt rules to establish what constitutes an |
approved landscape architecture program. |
(5) Adopt rules to establish what constitutes |
landscape architecture experience. |
(6) Issue certificates of registration to those who |
meet the requirements of this Act. |
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(7) Conduct investigations related to possible |
violations of this Act.
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Section 40. Application for registration.
|
(a) Applications for registration shall be made to the |
Department in writing on forms or electronically as prescribed |
by the Department and shall be accompanied by the required |
fee, which shall not be refundable. All applications shall |
contain information that, in the judgment of the Department, |
enables the Department to pass on the qualifications of the |
applicant for registration as a registered landscape |
architect. The Department may require an applicant, at the |
applicant's expense, to have an evaluation of the applicant's |
education in a foreign country by a nationally recognized |
evaluation service approved by the Department in accordance |
with rules adopted by the Department. |
(b) Applicants have 3 years from the date of application |
to complete the application process. If the process has not |
been completed in 3 years, the application shall be denied, |
the fee shall be forfeited, and the applicant must reapply and |
meet the requirements in effect at the time of reapplication.
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Section 45. Qualifications for registration.
|
(a) To qualify for registration as a registered landscape |
architect, each applicant shall: |
(1) provide proof of graduation from an approved |
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landscape architecture program as approved by rule; |
(2) provide proof of experience for registration as |
approved by rule; and |
(3) provide proof of successful passage of an |
examination as approved by rule. |
(b) Upon payment of the required fee and meeting other |
requirements as determined by rule, an applicant who is |
actively registered or licensed as a landscape architect under |
the laws of another jurisdiction of the United States may, |
without examination, be granted registration as a registered |
landscape architect by the Department.
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Section 50. Registration, renewal, and restoration.
|
(a) The expiration date and renewal period for each |
certificate of registration issued under this Act shall be |
established by rule. A registrant may renew a certificate of |
registration during the month preceding its expiration date by |
paying the required fee. |
(b) A registered landscape architect who has permitted his |
or her registration to expire or has had his or her |
registration placed on inactive status may have his or her |
registration restored by making application to the Department |
and filing proof acceptable to the Department of his or her |
fitness to have his or her registration restored, including, |
but not limited to, sworn evidence certifying active lawful |
practice in another jurisdiction satisfactory to the |
|
Department and by paying the required fee as determined by |
rule. |
(c) A registered landscape architect whose registration |
expired while engaged (1) in federal service on active duty |
with the Armed Forces of the United States or the State Militia |
called into service or training or (2) in training or |
education under the supervision of the United States |
preliminary to induction into the military service, may have a |
registration restored or reinstated without paying any lapsed |
reinstatement, renewal, or restoration fees if within 2 years |
after termination other than by dishonorable discharge of such |
service, training, or education and the Department is |
furnished with satisfactory evidence that the registrant has |
been so engaged in the practice of landscape architecture and |
that such service, training, or education has been so |
terminated.
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Section 55. Prior registrations under the Illinois |
Landscape Architecture Act of 1989. A person who was actively |
registered under the Illinois Landscape Architecture Act of |
1989 and had renewed his or her registration before January 1, |
2020, may have his or her registration restored without fee |
upon the effective date of the rules adopted under this Act.
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Section 60. Inactive status.
|
(a) A person registered under this Act who notifies the |
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Department in writing on forms or electronically as prescribed |
by the Department may elect to place his or her registration on |
inactive status and shall, subject to rules of the Department, |
be excused from payment of renewal fees until he or she |
notifies the Department in writing on forms or electronically |
as prescribed by the Department of his or her desire to resume |
active status. |
(b) Any registrant whose registration is on inactive |
status shall not use the title "registered landscape |
architect" or "landscape architect" in the State of Illinois. |
(c) Any registrant who uses the title "registered |
landscape architect" or "landscape architect" while his or her |
registration is inactive shall be considered to be using the |
title without a registration that shall be grounds for |
discipline under this Act.
|
Section 65. Fees. The Department shall establish by rule a |
schedule of fees for the administration and maintenance of |
this Act. These fees are not refundable.
|
Section 70. Disposition of funds. All of the fees |
collected as authorized under this Act shall be deposited into |
the General Professions Dedicated Fund. The moneys deposited |
into the General Professions Dedicated Fund may be used for |
the expenses of the Department in the administration of this |
Act. Moneys from the Fund may also be used for direct and |
|
allocable indirect costs related to the public purposes of the |
Department of Financial and Professional Regulation. Moneys in |
the Fund may be transferred to the Professions Indirect Cost |
Fund as authorized by Section 2105-300 of the Department of |
Professional Regulation Law.
|
Section 75. Advertising. Any person registered under this |
Act may advertise the availability of professional services in |
the public media or on the premises where such professional |
services are rendered provided that such advertising is |
truthful and not misleading.
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Section 80. Violation; injunction; cease and desist order.
|
(a) If any person violates the provisions of this Act, the |
Secretary may, in the name of the People of the State of |
Illinois, through the Attorney General of the State of |
Illinois or the State's Attorney of any county in which the |
action is brought, petition for an order enjoining such |
violation and for an order enforcing compliance with this Act. |
Upon the filing of a verified petition in court, the court may |
issue a temporary restraining order, without notice or bond, |
and may preliminarily and permanently enjoin such violation. |
If it is established that such person has violated or is |
violating the injunction, the Court may punish the offender |
for contempt of court. Proceedings under this Section shall be |
in addition to, and not in lieu of, all other remedies and |
|
penalties provided by this Act. |
(b) Whoever holds himself or herself out as a "registered |
landscape architect", "landscape architect", or any other name |
or designation that would in any way imply that he or she is |
able to use the title "registered landscape architect" or |
"landscape architect" without being registered under this Act |
shall be guilty of a Class A misdemeanor, and for each |
subsequent conviction shall be guilty of a Class 4 felony.
|
Section 85. Grounds for discipline.
|
(a) The Department may refuse to issue or to renew a |
certificate of registration, or may revoke, suspend, place on |
probation, reprimand, or take other disciplinary or |
nondisciplinary action the Department may deem proper, |
including fines not to exceed $10,000 for each violation, with |
regard to any certificate of registration issued under this |
Act, for any one or combination of the following reasons: |
(1) Material misstatement in furnishing information. |
(2) Negligent or intentional disregard of this Act or |
rules adopted under this Act. |
(3) Conviction of or plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation under |
the laws of any jurisdiction of the United States that is |
|
(i) a felony, (ii) a misdemeanor, an essential element of |
which is dishonesty, or (iii) any crime that is directly |
related to the practice of landscape architecture. |
(4) Making any misrepresentations for the purpose of |
obtaining a certificate of registration. |
(5) Professional incompetence or gross negligence in |
the rendering of landscape architectural services. |
(6) Aiding or assisting another person in violating |
any provision of this Act or any rules and regulations |
issued pursuant to this Act. |
(7) Failing to provide information within 60 days in |
response to a written request made by the Department. |
(8) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public. |
(9) Habitual or excessive use or abuse of drugs |
defined by law as controlled substances, alcohol, |
narcotics, stimulants, or any other substances that |
results in the inability to practice with reasonable |
judgment, skill, or safety. |
(10) Discipline by another jurisdiction, if at least |
one of the grounds for the discipline is the same or |
substantially equivalent to those set forth in this |
Section. |
(11) Directly or indirectly giving to or receiving |
from any person, firm, corporation, partnership, or |
|
association any fee, commission, rebate, or other form of |
compensation for any professional service not actually |
rendered. |
(12) A finding by the Department that the registrant, |
after having the registration placed on probationary |
status, has violated or failed to comply with the terms of |
probation. |
(13) A finding by the Department that the registrant |
has failed to pay a fine imposed by the Department. |
(14) Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act, and |
upon proof by clear and convincing evidence that the |
registrant has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
(15) Solicitation of professional services by using |
false or misleading advertising. |
(16) Inability to practice the profession with |
reasonable judgment, skill, or safety as a result of |
physical illness, including, but not limited to, |
deterioration through the aging process, loss of motor |
skill, mental illness, or disability. |
(17) Using or attempting to use an expired, inactive, |
suspended, or revoked registration, or the seal of another |
registrant, or impersonating another registrant. |
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(18) Signing, affixing, or allowing the registered |
landscape architect's seal to be affixed to any plans not |
prepared by the registered landscape architect or under |
the registered landscape architect's supervision. |
(b) The Department may refuse to issue or may suspend the |
registration of any person who fails to file a return, fails to |
pay the tax, penalty, or interest showing in a filed return, or |
fails to pay any final assessment of tax, penalty, or |
interest, as required by any tax Act administered by the |
Department of Revenue, until any such tax Act are satisfied. |
(c) The entry of a decree by any circuit court |
establishing that any person holding a certificate of |
registration under this Act is a person subject to involuntary |
admission under the Mental Health and Developmental |
Disabilities Code shall operate as a suspension of that |
registration. That person may resume using the title |
"registered landscape architect" or "landscape architect" only |
upon a finding by the Department that he or she has been |
determined to be no longer subject to involuntary admission by |
the court and meeting the requirements for restoration as |
required by this Act and its rules.
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Section 90. Investigation; notice and hearing.
|
(a) The Department may investigate the actions of any |
applicant or of any person holding or claiming to hold a |
certificate of registration under this Act. |
|
(b) The Department shall, before disciplining an applicant |
or registrant, at least 30 days prior to the date set for the |
hearing, (i) notify in writing the applicant or registrant of |
the charges made and the time and place for the hearing on the |
charges, (ii) direct the applicant or registrant to file a |
written answer to the charges under oath within 20 days after |
the service of the notice, and (iii) inform the applicant or |
registrant that failure to file a written answer to the |
charges will result in a default judgment being entered |
against the applicant or registrant. |
(c) Written or electronic notice, and any notice in the |
subsequent proceeding, may be served by personal delivery, by |
email, or by mail to the applicant or registrant at their |
address of record or email address of record. |
(d) At the time and place fixed in the notice, the hearing |
officer appointed by the Secretary shall proceed to hear the |
charges and the parties or their counsel shall be accorded |
ample opportunity to present any statement, testimony, |
evidence, and argument as may be pertinent to the charges or to |
their defense. The hearing officer may continue the hearing |
from time to time. |
(e) In case the registrant or applicant, after receiving |
the notice, fails to file an answer, their registration may, |
in the discretion of the Secretary, be suspended, revoked, |
placed on probationary status, or be subject to whatever |
disciplinary action the Secretary considers proper, including |
|
limiting the scope, nature, or extent of the person's practice |
or imposition of a fine, without hearing, if the act or acts |
charged constitute sufficient grounds for such action under |
this Act.
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Section 95. Record of proceedings.
|
(a) The Department, at its expense, shall provide a |
certified shorthand reporter to take down the testimony and |
preserve a record of all proceedings in which a registrant may |
have their registration revoked or suspended or in which the |
registrant may be placed on probationary status, reprimanded, |
fined, or subjected to other disciplinary action with |
reference to the registration when a disciplinary action is |
authorized under this Act and rules issued pursuant to this |
Act. The notice of hearing, complaint, and all other documents |
in the nature of pleadings and written motions filed in the |
proceedings, the transcript of the testimony, and the orders |
of the Department shall be the record of the proceedings. The |
record may be made available to any person interested in the |
hearing upon payment of the fee required by Section 2105-115 |
of the Department of Professional Regulation Law. |
(b) The Department may contract for court reporting |
services, and, if it does so, the Department shall provide the |
name and contact information for the certified shorthand |
reporter who transcribed the testimony at a hearing to any |
person interested, who may obtain a copy of the transcript of |
|
any proceedings at a hearing upon payment of the fee specified |
by the certified shorthand reporter.
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Section 100. Subpoenas; depositions; oaths.
|
(a) The Department has the power to subpoena and bring |
before it any person and to take testimony either orally, by |
deposition, or both, with the same fees and mileage and in the |
same manner as prescribed in civil cases in circuit courts of |
this State. |
(b) The Secretary and the designated hearing officer have |
the power to administer oaths to witnesses at any hearing |
which the Department is authorized to conduct, and any other |
oaths authorized in any Act administered by the Department.
|
Section 105. Compelling testimony. Any court, upon the |
application of the Department, designated hearing officer, or |
the applicant or registrant against whom proceedings under |
Section 85 of this Act are pending, may, enter an order |
requiring the attendance of witnesses and their testimony and |
the production of documents, papers, files, books, and records |
in connection with any hearing or investigation. The court may |
compel obedience to its order by proceedings for contempt.
|
Section 110. Hearing; motion for rehearing.
|
(a) The hearing officer appointed by the Secretary shall |
hear evidence in support of the formal charges and evidence |
|
produced by the registrant. At the conclusion of the hearing, |
the hearing officer shall present to the Secretary a written |
report of his or her findings of fact, conclusions of law, and |
recommendations. |
(b) At the conclusion of the hearing, a copy of the hearing |
officer's report shall be served upon the applicant or |
registrant, either personally or as provided in this Act for |
the service of the notice of hearing. Within 20 days after such |
service, the applicant or registrant may present to the |
Department a motion, in writing, for a rehearing which shall |
specify the particular grounds for rehearing. The Department |
may respond to the motion for rehearing within 20 days after |
its service on the Department. If no motion for rehearing is |
filed, then upon the expiration of the time specified for |
filing such a motion, or upon denial of a motion for rehearing, |
the Secretary may enter an order in accordance with the |
recommendations of the hearing officer. If the applicant or |
registrant orders from the reporting service and pays for a |
transcript of the record within the time for filing a motion |
for rehearing, the 20-day period within which a motion may be |
filed shall commence upon delivery of the transcript to the |
applicant or registrant. |
(c) If the Secretary disagrees in any regard with the |
report of the hearing officer, the Secretary may issue an |
order contrary to the hearing officer's report. |
(d) If the Secretary is not satisfied that substantial |
|
justice has been done, the Secretary may order a hearing by the |
same or another hearing officer. |
(e) At any point in any investigation or disciplinary |
proceeding provided for in this Act, both parties may agree to |
a negotiated consent order. The consent order shall be final |
upon signature of the Secretary.
|
Section 115. Appointment of a hearing officer. The |
Secretary has the authority to appoint an attorney licensed to |
practice law in the State of Illinois to serve as the hearing |
officer in any action for refusal to issue, restore, or renew a |
registration or to discipline an applicant or registrant. The |
hearing officer shall have full authority to conduct the |
hearing.
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Section 120. Order or certified copy; prima facie proof. |
An order or a certified copy thereof, over the seal of the |
Department and purporting to be signed by the Secretary, shall |
be prima facie proof that: |
(1) the signature is the genuine signature of the |
Secretary; and |
(2) the Secretary is appointed and qualified.
|
Section 125. Restoration of suspended or revoked |
registration.
|
(a) At any time after the successful completion of a term |
|
of probation, suspension, or revocation of a registration |
under this Act, the Department may restore it to the |
registrant unless after an investigation and hearing the |
Department determines that restoration is not in the public |
interest. |
(b) Where circumstances of suspension or revocation so |
indicate, the Department may require an examination of the |
registrant prior to restoring his or her registration. |
(c) No person whose registration has been revoked as |
authorized in this Act may apply for restoration of that |
registration until such time as provided for in the Civil |
Administrative Code of Illinois. |
(d) A registration that has been suspended or revoked |
shall be considered nonrenewed for purposes of restoration and |
a registration restoring their registration from suspension or |
revocation must comply with the requirements for restoration |
as set forth in Section 50 of this Act and any rules adopted |
pursuant to this Act.
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Section 130. Surrender of registration. Upon the |
revocation or suspension of any registration, the registrant |
shall immediately surrender his or her certificate of |
registration to the Department. If the registrant fails to do |
so, the Department has the right to seize the certificate of |
registration.
|
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Section 135. Administrative Review Law; venue.
|
(a) All final administrative decisions of the Department |
are subject to judicial review under the Administrative Review |
Law and its rules. The term "administrative decision" is |
defined as in Section 3-101 of the Code of Civil Procedure. |
(b) Proceedings for judicial review shall be commenced in |
the circuit court of the county in which the party applying for |
review resides, but if the party is not a resident of this |
State, the venue shall be in Sangamon County. |
(c) The Department shall not be required to certify any |
record to the court, file any answer in court, or to otherwise |
appear in any court in a judicial review proceeding, unless |
and until the Department has received from the plaintiff |
payment of the costs of furnishing and certifying the record, |
which costs shall be determined by the Department. |
(d) Failure on the part of the plaintiff to file a receipt |
of the plaintiff's payment to the Department as specified in |
subsection (c) of this Section in court shall be grounds for |
dismissal of the action. |
(e) During the pendency and hearing of any and all |
judicial proceedings incident to a disciplinary action, the |
sanctions imposed upon the accused by the Department shall |
remain in full force and effect.
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Section 140. Confidentiality. All information collected by |
the Department in the course of an examination or |
|
investigation of a registrant or applicant, including, but not |
limited to, any complaint against a registrant filed with the |
Department and information collected to investigate any such |
complaint, shall be maintained for the confidential use of the |
Department and shall not be disclosed. The Department may not |
disclose the information to anyone other than law enforcement |
officials, other regulatory agencies that have an appropriate |
regulatory interest as determined by the Secretary, or a party |
presenting a lawful subpoena to the Department. Information |
and documents disclosed to a federal, State, county, or local |
law enforcement agency shall not be disclosed by the agency |
for any purpose to any other agency or person. A formal |
complaint filed against a registrant by the Department or any |
order issued by the Department against a registrant or |
applicant shall be a public record, except as otherwise |
prohibited by law.
|
Section 145. Illinois Administrative Procedure Act. The |
Illinois Administrative Procedure Act is hereby expressly |
adopted and incorporated herein as if all of the provisions of |
that Act were included in this Act, except that the provision |
of subsection (d) of Section 10-65 of the Illinois |
Administrative Procedure Act that provides that at hearings |
the registrant has the right to show compliance with all |
lawful requirements for retention, continuation, or renewal of |
the registration is specifically excluded. The Department |
|
shall not be required to annually verify email addresses as |
specified in paragraph (a) of subsection (2) of Section 10-75 |
of the Illinois Administrative Procedure Act. For the purposes |
of this Act, the notice required under Section 10-25 of the |
Illinois Administrative Procedure Act is deemed sufficient |
when mailed to the address of record or emailed to the email |
address of record.
|
Section 900. The Regulatory Sunset Act is amended by |
changing Section 4.37 as follows:
|
(5 ILCS 80/4.37) |
Sec. 4.37. Acts and Articles repealed on January 1, 2027. |
The following are repealed on January 1, 2027: |
The Clinical Psychologist Licensing Act.
|
The Illinois Optometric Practice Act of 1987. |
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
|
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
|
The Boiler and Pressure Vessel Repairer Regulation Act. |
The Marriage and Family Therapy Licensing Act. |
The Landscape Architecture Registration Act. |
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; |
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. |
8-18-17; 100-372, eff. 8-25-17.)
|
Section 905. The Park District Code is amended by changing |
|
Section 8-50 as follows:
|
(70 ILCS 1205/8-50) |
Sec. 8-50. Definitions. For the purposes of Sections 8-50 |
through 8-57, the following terms shall have the following |
meanings, unless the context requires a different meaning: |
"Delivery system" means the design and construction |
approach used to develop and construct a project. |
"Design-bid-build" means the traditional delivery system |
used on public projects that incorporates the Local Government |
Professional Services Selection Act and the principles of |
competitive selection. |
"Design-build" means a delivery system that provides |
responsibility within a single contract for the furnishing of |
architecture, engineering, land surveying, and related |
services as required, and the labor, materials, equipment, and |
other construction services for the project. |
"Design-build contract" means a contract for a public |
project under this Act between any park district and a |
design-build entity to furnish architecture, engineering, land |
surveying, landscape architecture, and related services as |
required, and to furnish the labor, materials, equipment, and |
other construction services for the project. The design-build |
contract may be conditioned upon subsequent refinements in |
scope and price and may allow the park district to make |
modifications in the project scope without invalidating the |
|
design-build contract. |
"Design-build entity" means any individual, sole |
proprietorship, firm, partnership, joint venture, corporation, |
professional corporation, or other entity that proposes to |
design and construct any public project under this Act. A |
design-build entity and associated design-build professionals |
shall conduct themselves in accordance with the laws of this |
State and the related provisions of the Illinois |
Administrative Code, as referenced by the licensed design |
professionals Acts of this State. |
"Design professional" means any individual, sole |
proprietorship, firm, partnership, joint venture, corporation, |
professional corporation, or other entity that offers services |
under the Illinois Architecture Practice Act of 1989, the |
Professional Engineering Practice Act of 1989, the Structural |
Engineering Practice Act of 1989, or the Illinois Professional |
Land Surveyor Act of 1989. |
"Evaluation criteria" means the requirements for the |
separate phases of the selection process for design-build |
proposals as defined in this Act and may include the |
specialized experience, technical qualifications and |
competence, capacity to perform, past performance, experience |
with similar projects, assignment of personnel to the project, |
and other appropriate factors. Price may not be used as a |
factor in the evaluation of Phase I proposals. |
"Landscape architect design professional" means any |
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person, sole proprietorship, or entity including, but not |
limited to, a partnership, professional service corporation, |
or corporation that offers services under the Landscape |
Architecture Registration Act Illinois Landscape Architecture |
Act of 1989. |
"Proposal" means the offer to enter into a design-build |
contract as submitted by a design-build entity in accordance |
with this Act. |
"Request for proposal" means the document used by the park |
district to solicit proposals for a design-build contract. |
"Scope and performance criteria" means the requirements |
for the public project, including, but not limited to: the |
intended usage, capacity, size, scope, quality, and |
performance standards; life-cycle costs; and other |
programmatic criteria that are expressed in performance |
oriented and quantifiable specifications and drawings that can |
be reasonably inferred and are suited to allow a design-build |
entity to develop a proposal.
|
(Source: P.A. 97-349, eff. 8-12-11.)
|
Section 910. The Chicago Park District Act is amended by |
changing Section 26.10-4 as follows:
|
(70 ILCS 1505/26.10-4) |
Sec. 26.10-4. Definitions. The following terms, whenever |
used or referred to in this Act, have the following meaning |
|
unless the context requires a different meaning: |
"Delivery system" means the design and construction |
approach used to develop and construct a project. |
"Design-bid-build" means the traditional delivery system |
used on public
projects that incorporates the Local Government |
Professional Services Selection Act (50 ILCS 510/) and the
|
principles of competitive selection.
|
"Design-build" means a delivery system that provides |
responsibility within a
single contract for the furnishing of |
architecture, engineering, land surveying
and related services |
as required, and the labor, materials, equipment, and
other |
construction services for the project.
|
"Design-build contract" means a contract for a public |
project under this Act
between the Chicago Park District and a |
design-build entity to furnish
architecture,
engineering, land |
surveying, landscape architecture, and related services as |
required, and to furnish
the labor, materials, equipment, and |
other construction services for the
project. The design-build |
contract may be conditioned upon subsequent
refinements in |
scope and price and may allow the Chicago Park District to
make
|
modifications in the project scope without invalidating the |
design-build
contract.
|
"Design-build entity" means any individual, sole |
proprietorship, firm,
partnership, joint venture, corporation, |
professional corporation, or other
entity that proposes to |
design and construct any public project under this Act.
A |
|
design-build entity and associated design-build professionals |
shall conduct themselves in accordance with the laws of this |
State and the related provisions of the Illinois |
Administrative Code, as referenced by the licensed design |
professionals Acts of this State.
|
"Design professional" means any individual, sole |
proprietorship, firm,
partnership, joint venture, corporation, |
professional corporation, or other
entity that offers services |
under the Illinois Architecture Practice Act of
1989 (225 ILCS |
305/), the Professional Engineering Practice Act of 1989 (225
|
ILCS 325/),
the Structural Engineering Practice Act of 1989 |
(225 ILCS 340/), or the
Illinois Professional
Land Surveyor |
Act of 1989 (225 ILCS 330/).
|
"Landscape architect design professional" means any |
person, sole proprietorship, or entity such as a partnership, |
professional service corporation, or corporation that offers |
services under the Landscape Architecture Registration Act |
Illinois Landscape Architecture Act of 1989. |
"Evaluation criteria" means the requirements for the |
separate phases of the
selection process for design-build |
proposals as defined in this Act and may include the |
specialized
experience, technical qualifications and |
competence, capacity to perform, past
performance, experience |
with similar projects, assignment of personnel to the
project, |
and other appropriate factors. Price may not be used as a |
factor in
the evaluation of Phase I proposals.
|
|
"Proposal" means the offer to enter into a design-build |
contract as submitted
by a design-build entity in accordance |
with this Act.
|
"Request for proposal" means the document used by the |
Chicago Park District
to solicit
proposals for a design-build |
contract.
|
"Scope and performance criteria" means the requirements |
for the public
project, including but not limited to, the |
intended usage, capacity, size,
scope, quality and performance |
standards, life-cycle costs, and other
programmatic criteria |
that are expressed in performance-oriented and
quantifiable |
specifications and drawings that can be reasonably inferred |
and
are suited to allow a design-build entity to develop a |
proposal.
|
"Guaranteed maximum price" means a form of contract in |
which compensation may vary according to the scope of work |
involved but in any case may not exceed an agreed total amount.
|
(Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
|
Section 915. The Professional Geologist Licensing Act is |
amended by changing Section 20 as follows:
|
(225 ILCS 745/20)
|
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 20. Exemptions. Nothing in this Act shall be |
construed to restrict
the use of the title "geologist" or |
|
similar words by any person engaged in a
practice of geology |
exempted under this Act, provided the person does not hold
|
himself or herself out as being a Licensed Professional |
Geologist or does not
practice
professional geology in a |
manner requiring licensure under this Act.
Performance of the |
following activities does not require licensure as a
licensed |
professional geologist under this Act:
|
(a) The practice of professional geology by an |
employee or a subordinate of
a licensee under this Act, |
provided the work does not include responsible
charge of |
geological work and is performed under the direct
|
supervision of a Licensed Professional Geologist who is |
responsible for
the work.
|
(b) The practice of professional geology by officers |
and employees of the
United States government within the |
scope of their employment.
|
(c) The practice of professional geology as geologic |
research to advance
basic knowledge for the purpose of |
offering scientific papers, publications, or
other |
presentations (i) before meetings of scientific societies, |
(ii) internal
to a
partnership, corporation, |
proprietorship, or government agency, or (iii) for
|
publication
in scientific journals, or in books.
|
(d) The teaching of geology in schools, colleges, or |
universities, as
defined by rule.
|
(e) The practice of professional geology exclusively |
|
in the exploration for
or development of energy resources |
or base, precious and nonprecious minerals,
including |
sand, gravel, and aggregate, that does not require, by |
law, rule,
or ordinance, the submission of reports, |
documents, or oral or written
testimony
to public |
agencies. Public agencies may, by law or by rule, allow |
required
oral
or written testimony, reports, permit |
applications, or other documents based on
the science of |
geology to be submitted to them by persons not licensed |
under
this Act. Unless otherwise required by State or |
federal law, public agencies
may not require that the |
geology-based aspects of testimony, reports, permits,
or |
other documents so exempted be reviewed by,
approved, or |
otherwise certified by any person who is not a Licensed |
Professional Geologist. Licensure is not required for the
|
submission and review of reports or documents or the |
provision of oral or
written
testimony made under the Well |
Abandonment Act, the Illinois
Oil and Gas Act, the Surface |
Coal Mining Land Conservation and Reclamation Act,
or the |
Surface-Mined Land Conservation and Reclamation Act.
|
(f) The practice of professional engineering as |
defined in the Professional
Engineering Practice Act of |
1989.
|
(g) The practice of structural engineering as defined |
in the Structural
Engineering
Practice Act of 1989.
|
(h) The practice of architecture as defined in the |
|
Illinois Architecture
Practice Act of 1989.
|
(i) The practice of land surveying as defined in the |
Illinois Professional
Land Surveyor
Act of 1989.
|
(j) The practice of landscape architecture as defined |
in the Landscape Architecture Registration Act Illinois
|
Landscape Architecture Act of 1989.
|
(k) The practice of professional geology for a period |
not to exceed 9 months by any person pursuing a course of |
study leading to a degree in geology from an accredited |
college or university, as set forth in this Act and as |
established by rule, provided that (i) such practice |
constitutes a part of a supervised course of study, (ii) |
the person is under the supervision of a geologist |
licensed under this Act or a teacher of geology at an |
accredited college or university, and (iii) the person is |
designated by a title that clearly indicates his or her |
status as a student or trainee. |
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
|
Section 920. The Unified Code of Corrections is amended by |
changing Section 5-5-5 as follows:
|
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
Sec. 5-5-5. Loss and restoration of rights.
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(a) Conviction and disposition shall not entail the loss |
by the
defendant of any civil rights, except under this |
|
Section and Sections 29-6
and 29-10 of The Election Code, as |
now or hereafter amended.
|
(b) A person convicted of a felony shall be ineligible to |
hold an office
created by the Constitution of this State until |
the completion of his sentence.
|
(c) A person sentenced to imprisonment shall lose his |
right to vote
until released from imprisonment.
|
(d) On completion of sentence of imprisonment or upon |
discharge from
probation, conditional discharge or periodic |
imprisonment, or at any time
thereafter, all license rights |
and privileges
granted under the authority of this State which |
have been revoked or
suspended because of conviction of an |
offense shall be restored unless the
authority having |
jurisdiction of such license rights finds after
investigation |
and hearing that restoration is not in the public interest.
|
This paragraph (d) shall not apply to the suspension or |
revocation of a
license to operate a motor vehicle under the |
Illinois Vehicle Code.
|
(e) Upon a person's discharge from incarceration or |
parole, or upon a
person's discharge from probation or at any |
time thereafter, the committing
court may enter an order |
certifying that the sentence has been
satisfactorily completed |
when the court believes it would assist in the
rehabilitation |
of the person and be consistent with the public welfare.
Such |
order may be entered upon the motion of the defendant or the |
State or
upon the court's own motion.
|
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(f) Upon entry of the order, the court shall issue to the |
person in
whose favor the order has been entered a certificate |
stating that his
behavior after conviction has warranted the |
issuance of the order.
|
(g) This Section shall not affect the right of a defendant |
to
collaterally attack his conviction or to rely on it in bar |
of subsequent
proceedings for the same offense.
|
(h) No application for any license specified in subsection |
(i) of this
Section granted under the
authority of this State |
shall be denied by reason of an eligible offender who
has |
obtained a certificate of relief from disabilities, as
defined |
in Article 5.5 of this Chapter, having been previously |
convicted of one
or more
criminal offenses, or by reason of a |
finding of lack of "good moral
character" when the finding is |
based upon the fact that the applicant has
previously been |
convicted of one or more criminal offenses, unless:
|
(1) there is a direct relationship between one or more |
of the previous
criminal offenses and the specific license |
sought; or
|
(2) the issuance of the license would
involve an |
unreasonable risk to property or to the safety or welfare |
of
specific individuals or the general public.
|
In making such a determination, the licensing agency shall |
consider the
following factors:
|
(1) the public policy of this State, as expressed in |
Article 5.5 of this
Chapter, to encourage the licensure |
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and employment of persons previously
convicted of one or |
more criminal offenses;
|
(2) the specific duties and responsibilities |
necessarily related to the
license being sought;
|
(3) the bearing, if any, the criminal offenses or |
offenses for which the
person
was previously convicted |
will have on his or her fitness or ability to perform
one |
or
more such duties and responsibilities;
|
(4) the time which has elapsed since the occurrence of |
the criminal
offense or offenses;
|
(5) the age of the person at the time of occurrence of |
the criminal
offense or offenses;
|
(6) the seriousness of the offense or offenses;
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(7) any information produced by the person or produced |
on his or her
behalf in
regard to his or her rehabilitation |
and good conduct, including a certificate
of relief from |
disabilities issued to the applicant, which certificate |
shall
create a presumption of rehabilitation in regard to |
the offense or offenses
specified in the certificate; and
|
(8) the legitimate interest of the licensing agency in |
protecting
property, and
the safety and welfare of |
specific individuals or the general public.
|
(i) A certificate of relief from disabilities shall be |
issued only
for a
license or certification issued under the |
following Acts:
|
(1) the Animal Welfare Act; except that a certificate |
|
of relief from
disabilities may not be granted
to provide |
for
the
issuance or restoration of a license under the |
Animal Welfare Act for any
person convicted of violating |
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
Care for Animals Act or Section 26-5 or 48-1 of the |
Criminal Code of
1961 or the Criminal Code of 2012;
|
(2) the Illinois Athletic Trainers Practice Act;
|
(3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
and Nail Technology Act of 1985;
|
(4) the Boiler and Pressure Vessel Repairer Regulation |
Act;
|
(5) the Boxing and Full-contact Martial Arts Act;
|
(6) the Illinois Certified Shorthand Reporters Act of |
1984;
|
(7) the Illinois Farm Labor Contractor Certification |
Act;
|
(8) the Registered Interior Designers Act;
|
(9) the Illinois Professional Land Surveyor Act of |
1989;
|
(10) the Landscape Architecture Registration Act |
Illinois Landscape Architecture Act of 1989;
|
(11) the Marriage and Family Therapy Licensing Act;
|
(12) the Private Employment Agency Act;
|
(13) the Professional Counselor and Clinical |
Professional Counselor
Licensing and Practice
Act;
|
(14) the Real Estate License Act of 2000;
|
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(15) the Illinois Roofing Industry Licensing Act; |
(16) the Professional Engineering Practice Act of |
1989; |
(17) the Water Well and Pump Installation Contractor's |
License Act; |
(18) the Electrologist Licensing Act;
|
(19) the Auction License Act; |
(20) the Illinois Architecture Practice Act of 1989; |
(21) the Dietitian Nutritionist Practice Act; |
(22) the Environmental Health Practitioner Licensing |
Act; |
(23) the Funeral Directors and Embalmers Licensing |
Code; |
(24) (blank); |
(25) the Professional Geologist Licensing Act; |
(26) the Illinois Public Accounting Act; and |
(27) the Structural Engineering Practice Act of 1989.
|
(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
|
Section 999. Effective date. This Act takes effect upon |
becoming law. |