Bill Text: IL HB4765 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Landscape Architecture Registration Act. Provides that no person shall hold himself or herself out as a registered landscape architect without being registered by the Department of Financial and Professional Regulation. Provides that the Department may issue certificates of registration to those who meet the requirements of the Act. Provides that the Department may authorize examinations to ascertain the fitness and qualifications of applicants for registration. Provides that the Department may conduct investigations and hearings to refuse to issue, renew, or restore registrations, revoke, suspend, place on probation, or reprimand persons registered under provisions of the Act. Provides that the Department may take disciplinary action with regard to any certificate of registration issued under the Act. Makes corresponding changes in the Park District Code, the Chicago Park District Act, the Professional Geologist Licensing Act, and the Unified Code of Corrections. Amends the Regulatory Sunset Act to repeal the Landscape Architecture Registration Act on January 1, 2031.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4765 Detail]

Download: Illinois-2019-HB4765-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4765

Introduced , by Rep. William Davis

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

Creates the Landscape Architecture Registration Act. Provides that no person shall hold himself or herself out as a registered landscape architect without being registered by the Department of Financial and Professional Regulation. Provides that the Department may issue certificates of registration to those who meet the requirements of the Act. Provides that the Department may authorize examinations to ascertain the fitness and qualifications of applicants for registration. Provides that the Department may conduct investigations and hearings to refuse to issue, renew, or restore registrations, revoke, suspend, place on probation, or reprimand persons registered under provisions of the Act. Provides that the Department may take disciplinary action with regard to any certificate of registration issued under the Act. Makes corresponding changes in the Park District Code, the Chicago Park District Act, the Professional Geologist Licensing Act, and the Unified Code of Corrections. Amends the Regulatory Sunset Act to repeal the Landscape Architecture Registration Act on January 1, 2031.
LRB101 16590 SPS 65974 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4765LRB101 16590 SPS 65974 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 architect" means a person who, based on
22education, experience, and examination in the field of

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1landscape architecture, is registered under this Act.
2 "Landscape architecture" means the art and science of
3arranging land, together with the spaces and objects upon it,
4for the purpose of creating a safe, efficient, healthful, and
5aesthetically pleasing physical environment for human use and
6enjoyment, as performed by landscape architects.
7 "Landscape architectural practice" means the offering or
8furnishing of professional services in connection with a
9landscape architecture project that do not require the seal of
10an architect, land surveyor, professional engineer, or
11structural engineer. These services may include, but are not
12limited to, providing preliminary studies; developing design
13concepts; planning for the relationships of physical
14improvements and intended uses of the site; establishing form
15and aesthetic elements; developing those details on the site
16that are exclusive of any building or structure; and conducting
17site observation of a landscape architecture project.
18 "Secretary" means the Secretary of Financial and
19Professional Regulation. The Secretary may designate his or her
20duties under this Act to a designee of his or her choice,
21including, but not limited to, the Director of Professional
22Regulation.
23 Section 15. Title. No person shall hold himself or herself
24out as a registered landscape architect without being so
25registered by the Department. This is title protection and not

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1licensure by the Department.
2 Section 20. Seal.
3 (a) Every landscape architect shall have a reproducible
4seal, which may be computer generated, the impression of which
5shall contain the name of the landscape architect, the
6landscape architect's registration number, and the words
7"Landscape Architect, State of Illinois." The landscape
8architect shall be responsible for his or her seal and
9signature as defined by rule.
10 (b) Notwithstanding the requirements of this Section, an
11architect, land surveyor, professional engineer, or structural
12engineer licensed by the Department shall be permitted to affix
13his or her seal to any plans, specifications, and reports
14prepared by or under his or her supervision in connection with
15the incidental practice of landscape architecture.
16 Section 25. Display of registration. Every holder of a
17landscape architect registration shall display his or her
18certificate of registration in a conspicuous place in his or
19her principal office, place of business, or place of
20employment.
21 Section 30. Address of record; email address of record. All
22applicants and registrants shall:
23 (1) provide a valid address and email address to the

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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 such
7 change either through the Department's website or by
8 contacting the Department.
9 Section 35. Powers and duties of the Department. The
10Department shall exercise, subject to the provisions of this
11Act, the following functions, powers, and duties:
12 (1) Authorize examinations to ascertain the fitness
13 and qualifications of applicants for registration and pass
14 upon the qualifications and fitness of applicants for
15 registration by endorsement.
16 (2) Adopt rules and regulations required for the
17 administration of this Act.
18 (3) Conduct hearings on proceedings to refuse to issue,
19 renew, or restore registrations, revoke, suspend, place on
20 probation, or reprimand persons registered under
21 provisions of this Act.
22 (4) Adopt rules to establish what constitutes an
23 approved landscape architecture program.
24 (5) Adopt rules to establish what constitutes
25 landscape architecture experience.

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

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1 (1) provide proof of graduation from an approved
2 landscape architecture program as approved by rule;
3 (2) provide proof of experience for registration as
4 approved by rule; and
5 (3) provide proof of successful passage of an
6 examination as approved by rule.
7 (b) Upon payment of the required fee, as determined by
8rule, an applicant who is a licensed architect, professional
9land surveyor, professional engineer, or structural engineer
10under the laws of this State may, without examination, be
11granted registration as a registered landscape architect by the
12Department provided the applicant submits proof of an active
13architectural, professional land surveyor, professional
14engineering, or structural engineering license in Illinois.
15 Section 50. Registration, renewal, and restoration.
16 (a) The expiration date and renewal period for each
17certificate of registration issued under this Act shall be
18established by rule. A registrant may renew a certificate of
19registration during the month preceding its expiration date by
20paying the required fee.
21 (b) A landscape architect who has permitted his or her
22registration to expire or has had his or her registration
23placed on inactive status may have his or her registration
24restored by making application to the Department and filing
25proof acceptable to the Department of his or her fitness to

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1have his or her registration restored, including, but not
2limited to, sworn evidence certifying active lawful practice in
3another jurisdiction satisfactory to the Department and by
4paying the required fee as determined by rule.
5 (c) A landscape architect whose registration expired while
6engaged (1) in federal service on active duty with the Armed
7Forces of the United States or the State Militia called into
8service or training or (2) in training or education under the
9supervision of the United States preliminary to induction into
10the military service, may have a registration restored or
11reinstated without paying any lapsed reinstatement, renewal,
12or restoration fees if within 2 years after termination other
13than by dishonorable discharge of such service, training, or
14education and the Department is furnished with satisfactory
15evidence that the registrant has been so engaged in the
16practice of landscape architecture and that such service,
17training, or education has been so terminated.
18 Section 55. Prior registrations under the Illinois
19Landscape Architecture Act of 1989. A person who was actively
20registered under the Illinois Landscape Architecture Act of
211989 before January 1, 2020, may have his or her registration
22restored upon application in writing on forms or electronically
23as prescribed by the Department, payment of the fee as
24established by rule, and any other proof acceptable to the
25Department as determined by rule.

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1 Section 60. Inactive status.
2 (a) A person registered under this Act who notifies the
3Department in writing on forms or electronically as prescribed
4by the Department may elect to place his or her registration on
5inactive status and shall, subject to rules of the Department,
6be excused from payment of renewal fees until he or she
7notifies the Department in writing on forms or electronically
8as prescribed by the Department of his or her desire to resume
9active status.
10 (b) Any registrant whose registration is on inactive status
11shall not use the title "registered landscape architect" in the
12State of Illinois.
13 (c) Any registrant who uses the title "registered landscape
14architect" while his or her registration is inactive shall be
15considered to be using the title without a registration that
16shall be grounds for discipline under this Act.
17 Section 65. Fees. The Department shall establish by rule a
18schedule of fees for the administration and maintenance of this
19Act. These fees are not refundable.
20 Section 70. Disposition of funds. All of the fees collected
21as authorized under this Act shall be deposited into the
22General Professions Dedicated Fund. The moneys deposited into
23the General Professions Dedicated Fund may be used for the

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

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

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

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

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1 registrant, or impersonating another registrant.
2 (18) Signing, affixing, or allowing the landscape
3 architect's seal to be affixed to any plans not prepared by
4 the landscape architect or under the landscape architect's
5 supervision.
6 (b) The Department may refuse to issue or may suspend the
7registration of any person who fails to file a return, fails to
8pay the tax, penalty, or interest showing in a filed return, or
9fails to pay any final assessment of tax, penalty, or interest,
10as required by any tax Act administered by the Department of
11Revenue, until any such tax Act are satisfied.
12 (c) The entry of a decree by any circuit court establishing
13that any person holding a certificate of registration under
14this Act is a person subject to involuntary admission under the
15Mental Health and Developmental Disabilities Code shall
16operate as a suspension of that registration. That person may
17resume using the title "registered 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 charges
9will result in a default judgment being entered against the
10applicant 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, in
24the discretion of the Secretary, be suspended, revoked, placed
25on probationary status, or be subject to whatever disciplinary
26action the Secretary considers proper, including limiting the

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

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

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

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

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1this Act, the Department may restore it to the registrant
2unless after an investigation and hearing the Department
3determines that restoration is not in the public interest.
4 (b) Where circumstances of suspension or revocation so
5indicate, the Department may require an examination of the
6registrant prior to restoring his or her registration.
7 (c) No person whose registration has been revoked as
8authorized in this Act may apply for restoration of that
9registration until such time as provided for in the Civil
10Administrative Code of Illinois.
11 (d) A registration that has been suspended or revoked shall
12be considered nonrenewed for purposes of restoration and a
13registration restoring their registration from suspension or
14revocation must comply with the requirements for restoration as
15set forth in Section 50 of this Act and any rules adopted
16pursuant to this Act.
17 Section 130. Surrender of registration. Upon the
18revocation or suspension of any registration, the registrant
19shall immediately surrender his or her certificate of
20registration to the Department. If the registrant fails to do
21so, the Department has the right to seize the certificate of
22registration.
23 Section 135. Administrative Review Law; venue.
24 (a) All final administrative decisions of the Department

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

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

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1Act the notice required under Section 10-25 of the Illinois
2Administrative Procedure Act is deemed sufficient when mailed
3to the address of record or emailed to the email address of
4record.
5 Section 900. The Regulatory Sunset Act is amended by adding
6Section 4.41 as follows:
7 (5 ILCS 80/4.41 new)
8 Sec. 4.41. Act repealed on January 1, 2031. The following
9Act is repealed on January 1, 2031:
10 The Landscape Architect Registration Act.
11 Section 905. The Park District Code is amended by changing
12Section 8-50 as follows:
13 (70 ILCS 1205/8-50)
14 Sec. 8-50. Definitions. For the purposes of Sections 8-50
15through 8-57, the following terms shall have the following
16meanings, unless the context requires a different meaning:
17 "Delivery system" means the design and construction
18approach used to develop and construct a project.
19 "Design-bid-build" means the traditional delivery system
20used on public projects that incorporates the Local Government
21Professional Services Selection Act and the principles of
22competitive selection.

HB4765- 23 -LRB101 16590 SPS 65974 b
1 "Design-build" means a delivery system that provides
2responsibility within a single contract for the furnishing of
3architecture, engineering, land surveying, and related
4services as required, and the labor, materials, equipment, and
5other construction services for the project.
6 "Design-build contract" means a contract for a public
7project under this Act between any park district and a
8design-build entity to furnish architecture, engineering, land
9surveying, landscape architecture, and related services as
10required, and to furnish the labor, materials, equipment, and
11other construction services for the project. The design-build
12contract may be conditioned upon subsequent refinements in
13scope and price and may allow the park district to make
14modifications in the project scope without invalidating the
15design-build contract.
16 "Design-build entity" means any individual, sole
17proprietorship, firm, partnership, joint venture, corporation,
18professional corporation, or other entity that proposes to
19design and construct any public project under this Act. A
20design-build entity and associated design-build professionals
21shall conduct themselves in accordance with the laws of this
22State and the related provisions of the Illinois Administrative
23Code, as referenced by the licensed design professionals Acts
24of this State.
25 "Design professional" means any individual, sole
26proprietorship, firm, partnership, joint venture, corporation,

HB4765- 24 -LRB101 16590 SPS 65974 b
1professional corporation, or other entity that offers services
2under the Illinois Architecture Practice Act of 1989, the
3Professional Engineering Practice Act of 1989, the Structural
4Engineering Practice Act of 1989, or the Illinois Professional
5Land Surveyor Act of 1989.
6 "Evaluation criteria" means the requirements for the
7separate phases of the selection process for design-build
8proposals as defined in this Act and may include the
9specialized experience, technical qualifications and
10competence, capacity to perform, past performance, experience
11with similar projects, assignment of personnel to the project,
12and other appropriate factors. Price may not be used as a
13factor in the evaluation of Phase I proposals.
14 "Landscape architect design professional" means any
15person, sole proprietorship, or entity including, but not
16limited to, a partnership, professional service corporation,
17or corporation that offers services under the Landscape
18Architecture Registration Act Illinois Landscape Architecture
19Act of 1989.
20 "Proposal" means the offer to enter into a design-build
21contract as submitted by a design-build entity in accordance
22with this Act.
23 "Request for proposal" means the document used by the park
24district to solicit proposals for a design-build contract.
25 "Scope and performance criteria" means the requirements
26for the public project, including, but not limited to: the

HB4765- 25 -LRB101 16590 SPS 65974 b
1intended usage, capacity, size, scope, quality, and
2performance standards; life-cycle costs; and other
3programmatic criteria that are expressed in performance
4oriented and quantifiable specifications and drawings that can
5be reasonably inferred and are suited to allow a design-build
6entity to develop a proposal.
7(Source: P.A. 97-349, eff. 8-12-11.)
8 Section 910. The Chicago Park District Act is amended by
9changing Section 26.10-4 as follows:
10 (70 ILCS 1505/26.10-4)
11 Sec. 26.10-4. Definitions. The following terms, whenever
12used or referred to in this Act, have the following meaning
13unless the context requires a different meaning:
14 "Delivery system" means the design and construction
15approach used to develop and construct a project.
16 "Design-bid-build" means the traditional delivery system
17used on public projects that incorporates the Local Government
18Professional Services Selection Act (50 ILCS 510/) and the
19principles of competitive selection.
20 "Design-build" means a delivery system that provides
21responsibility within a single contract for the furnishing of
22architecture, engineering, land surveying and related services
23as required, and the labor, materials, equipment, and other
24construction services for the project.

HB4765- 26 -LRB101 16590 SPS 65974 b
1 "Design-build contract" means a contract for a public
2project under this Act between the Chicago Park District and a
3design-build entity to furnish architecture, engineering, land
4surveying, landscape architecture, and related services as
5required, and to furnish the labor, materials, equipment, and
6other construction services for the project. The design-build
7contract may be conditioned upon subsequent refinements in
8scope and price and may allow the Chicago Park District to make
9modifications in the project scope without invalidating the
10design-build contract.
11 "Design-build entity" means any individual, sole
12proprietorship, firm, partnership, joint venture, corporation,
13professional corporation, or other entity that proposes to
14design and construct any public project under this Act. A
15design-build entity and associated design-build professionals
16shall conduct themselves in accordance with the laws of this
17State and the related provisions of the Illinois Administrative
18Code, as referenced by the licensed design professionals Acts
19of this State.
20 "Design professional" means any individual, sole
21proprietorship, firm, partnership, joint venture, corporation,
22professional corporation, or other entity that offers services
23under the Illinois Architecture Practice Act of 1989 (225 ILCS
24305/), the Professional Engineering Practice Act of 1989 (225
25ILCS 325/), the Structural Engineering Practice Act of 1989
26(225 ILCS 340/), or the Illinois Professional Land Surveyor Act

HB4765- 27 -LRB101 16590 SPS 65974 b
1of 1989 (225 ILCS 330/).
2 "Landscape architect design professional" means any
3person, sole proprietorship, or entity such as a partnership,
4professional service corporation, or corporation that offers
5services under the Landscape Architecture Registration Act
6Illinois Landscape Architecture Act of 1989.
7 "Evaluation criteria" means the requirements for the
8separate phases of the selection process for design-build
9proposals as defined in this Act and may include the
10specialized experience, technical qualifications and
11competence, capacity to perform, past performance, experience
12with similar projects, assignment of personnel to the project,
13and other appropriate factors. Price may not be used as a
14factor in the evaluation of Phase I proposals.
15 "Proposal" means the offer to enter into a design-build
16contract as submitted by a design-build entity in accordance
17with this Act.
18 "Request for proposal" means the document used by the
19Chicago Park District to solicit proposals for a design-build
20contract.
21 "Scope and performance criteria" means the requirements
22for the public project, including but not limited to, the
23intended usage, capacity, size, scope, quality and performance
24standards, life-cycle costs, and other programmatic criteria
25that are expressed in performance-oriented and quantifiable
26specifications and drawings that can be reasonably inferred and

HB4765- 28 -LRB101 16590 SPS 65974 b
1are suited to allow a design-build entity to develop a
2proposal.
3 "Guaranteed maximum price" means a form of contract in
4which compensation may vary according to the scope of work
5involved but in any case may not exceed an agreed total amount.
6(Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
7 Section 915. The Professional Geologist Licensing Act is
8amended by changing Section 20 as follows:
9 (225 ILCS 745/20)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 20. Exemptions. Nothing in this Act shall be construed
12to restrict the use of the title "geologist" or similar words
13by any person engaged in a practice of geology exempted under
14this Act, provided the person does not hold himself or herself
15out as being a Licensed Professional Geologist or does not
16practice professional geology in a manner requiring licensure
17under this Act. Performance of the following activities does
18not require licensure as a licensed professional geologist
19under this Act:
20 (a) The practice of professional geology by an employee
21 or a subordinate of a licensee under this Act, provided the
22 work does not include responsible charge of geological work
23 and is performed under the direct supervision of a Licensed
24 Professional Geologist who is responsible for the work.

HB4765- 29 -LRB101 16590 SPS 65974 b
1 (b) The practice of professional geology by officers
2 and employees of the United States government within the
3 scope of their employment.
4 (c) The practice of professional geology as geologic
5 research to advance basic knowledge for the purpose of
6 offering scientific papers, publications, or other
7 presentations (i) before meetings of scientific societies,
8 (ii) internal to a partnership, corporation,
9 proprietorship, or government agency, or (iii) for
10 publication in scientific journals, or in books.
11 (d) The teaching of geology in schools, colleges, or
12 universities, as defined by rule.
13 (e) The practice of professional geology exclusively
14 in the exploration for or development of energy resources
15 or base, precious and nonprecious minerals, including
16 sand, gravel, and aggregate, that does not require, by law,
17 rule, or ordinance, the submission of reports, documents,
18 or oral or written testimony to public agencies. Public
19 agencies may, by law or by rule, allow required oral or
20 written testimony, reports, permit applications, or other
21 documents based on the science of geology to be submitted
22 to them by persons not licensed under this Act. Unless
23 otherwise required by State or federal law, public agencies
24 may not require that the geology-based aspects of
25 testimony, reports, permits, or other documents so
26 exempted be reviewed by, approved, or otherwise certified

HB4765- 30 -LRB101 16590 SPS 65974 b
1 by any person who is not a Licensed Professional Geologist.
2 Licensure is not required for the submission and review of
3 reports or documents or the provision of oral or written
4 testimony made under the Well Abandonment Act, the Illinois
5 Oil and Gas Act, the Surface Coal Mining Land Conservation
6 and Reclamation Act, or the Surface-Mined Land
7 Conservation and Reclamation Act.
8 (f) The practice of professional engineering as
9 defined in the Professional Engineering Practice Act of
10 1989.
11 (g) The practice of structural engineering as defined
12 in the Structural Engineering Practice Act of 1989.
13 (h) The practice of architecture as defined in the
14 Illinois Architecture Practice Act of 1989.
15 (i) The practice of land surveying as defined in the
16 Illinois Professional Land Surveyor Act of 1989.
17 (j) The practice of landscape architecture as defined
18 in the Landscape Architecture Registration Act Illinois
19 Landscape Architecture Act of 1989.
20 (k) The practice of professional geology for a period
21 not to exceed 9 months by any person pursuing a course of
22 study leading to a degree in geology from an accredited
23 college or university, as set forth in this Act and as
24 established by rule, provided that (i) such practice
25 constitutes a part of a supervised course of study, (ii)
26 the person is under the supervision of a geologist licensed

HB4765- 31 -LRB101 16590 SPS 65974 b
1 under this Act or a teacher of geology at an accredited
2 college or university, and (iii) the person is designated
3 by a title that clearly indicates his or her status as a
4 student or trainee.
5(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
6 Section 920. The Unified Code of Corrections is amended by
7changing Section 5-5-5 as follows:
8 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
9 Sec. 5-5-5. Loss and restoration of rights.
10 (a) Conviction and disposition shall not entail the loss by
11the defendant of any civil rights, except under this Section
12and Sections 29-6 and 29-10 of The Election Code, as now or
13hereafter amended.
14 (b) A person convicted of a felony shall be ineligible to
15hold an office created by the Constitution of this State until
16the completion of his sentence.
17 (c) A person sentenced to imprisonment shall lose his right
18to vote until released from imprisonment.
19 (d) On completion of sentence of imprisonment or upon
20discharge from probation, conditional discharge or periodic
21imprisonment, or at any time thereafter, all license rights and
22privileges granted under the authority of this State which have
23been revoked or suspended because of conviction of an offense
24shall be restored unless the authority having jurisdiction of

HB4765- 32 -LRB101 16590 SPS 65974 b
1such license rights finds after investigation and hearing that
2restoration is not in the public interest. This paragraph (d)
3shall not apply to the suspension or revocation of a license to
4operate a motor vehicle under the Illinois Vehicle Code.
5 (e) Upon a person's discharge from incarceration or parole,
6or upon a person's discharge from probation or at any time
7thereafter, the committing court may enter an order certifying
8that the sentence has been satisfactorily completed when the
9court believes it would assist in the rehabilitation of the
10person and be consistent with the public welfare. Such order
11may be entered upon the motion of the defendant or the State or
12upon the court's own motion.
13 (f) Upon entry of the order, the court shall issue to the
14person in whose favor the order has been entered a certificate
15stating that his behavior after conviction has warranted the
16issuance of the order.
17 (g) This Section shall not affect the right of a defendant
18to collaterally attack his conviction or to rely on it in bar
19of subsequent proceedings for the same offense.
20 (h) No application for any license specified in subsection
21(i) of this Section granted under the authority of this State
22shall be denied by reason of an eligible offender who has
23obtained a certificate of relief from disabilities, as defined
24in Article 5.5 of this Chapter, having been previously
25convicted of one or more criminal offenses, or by reason of a
26finding of lack of "good moral character" when the finding is

HB4765- 33 -LRB101 16590 SPS 65974 b
1based upon the fact that the applicant has previously been
2convicted of one or more criminal offenses, unless:
3 (1) there is a direct relationship between one or more
4 of the previous criminal offenses and the specific license
5 sought; or
6 (2) the issuance of the license would involve an
7 unreasonable risk to property or to the safety or welfare
8 of specific individuals or the general public.
9 In making such a determination, the licensing agency shall
10consider the following factors:
11 (1) the public policy of this State, as expressed in
12 Article 5.5 of this Chapter, to encourage the licensure and
13 employment of persons previously convicted of one or more
14 criminal offenses;
15 (2) the specific duties and responsibilities
16 necessarily related to the license being sought;
17 (3) the bearing, if any, the criminal offenses or
18 offenses for which the person was previously convicted will
19 have on his or her fitness or ability to perform one or
20 more such duties and responsibilities;
21 (4) the time which has elapsed since the occurrence of
22 the criminal offense or offenses;
23 (5) the age of the person at the time of occurrence of
24 the criminal offense or offenses;
25 (6) the seriousness of the offense or offenses;
26 (7) any information produced by the person or produced

HB4765- 34 -LRB101 16590 SPS 65974 b
1 on his or her behalf in regard to his or her rehabilitation
2 and good conduct, including a certificate of relief from
3 disabilities issued to the applicant, which certificate
4 shall create a presumption of rehabilitation in regard to
5 the offense or offenses specified in the certificate; and
6 (8) the legitimate interest of the licensing agency in
7 protecting property, and the safety and welfare of specific
8 individuals or the general public.
9 (i) A certificate of relief from disabilities shall be
10issued only for a license or certification issued under the
11following Acts:
12 (1) the Animal Welfare Act; except that a certificate
13 of relief from disabilities may not be granted to provide
14 for the issuance or restoration of a license under the
15 Animal Welfare Act for any person convicted of violating
16 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
17 Care for Animals Act or Section 26-5 or 48-1 of the
18 Criminal Code of 1961 or the Criminal Code of 2012;
19 (2) the Illinois Athletic Trainers Practice Act;
20 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
21 and Nail Technology Act of 1985;
22 (4) the Boiler and Pressure Vessel Repairer Regulation
23 Act;
24 (5) the Boxing and Full-contact Martial Arts Act;
25 (6) the Illinois Certified Shorthand Reporters Act of
26 1984;

HB4765- 35 -LRB101 16590 SPS 65974 b
1 (7) the Illinois Farm Labor Contractor Certification
2 Act;
3 (8) the Registered Interior Designers Act;
4 (9) the Illinois Professional Land Surveyor Act of
5 1989;
6 (10) the Landscape Architecture Registration Act
7 Illinois Landscape Architecture Act of 1989;
8 (11) the Marriage and Family Therapy Licensing Act;
9 (12) the Private Employment Agency Act;
10 (13) the Professional Counselor and Clinical
11 Professional Counselor Licensing and Practice Act;
12 (14) the Real Estate License Act of 2000;
13 (15) the Illinois Roofing Industry Licensing Act;
14 (16) the Professional Engineering Practice Act of
15 1989;
16 (17) the Water Well and Pump Installation Contractor's
17 License Act;
18 (18) the Electrologist Licensing Act;
19 (19) the Auction License Act;
20 (20) the Illinois Architecture Practice Act of 1989;
21 (21) the Dietitian Nutritionist Practice Act;
22 (22) the Environmental Health Practitioner Licensing
23 Act;
24 (23) the Funeral Directors and Embalmers Licensing
25 Code;
26 (24) (blank);

HB4765- 36 -LRB101 16590 SPS 65974 b
1 (25) the Professional Geologist Licensing Act;
2 (26) the Illinois Public Accounting Act; and
3 (27) the Structural Engineering Practice Act of 1989.
4(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
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