Public Act 103-1044
SB3767 EnrolledLRB103 38828 RTM 68965 b SB3767 Enrolled LRB103 38828 RTM 68965 b
SB3767 Enrolled LRB103 38828 RTM 68965 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Architecture Practice Act of 1989
is amended by changing Sections 9, 13, 18, and 21 as follows:
(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2030)
Sec. 9. Board. The Secretary shall appoint an Architecture
Licensing Board consisting of 7 members who shall serve in an
advisory capacity to the Secretary. All members of the Board
shall be residents of Illinois. Six members shall (i) hold a
valid architecture license in Illinois and have held the
license under this Act for the preceding 10 years, and (ii) not
have been disciplined within the preceding 10 years under this
Act. One architect shall be a tenured member of the
architectural faculty of an Illinois university accredited by
the National Architectural Accrediting Board. In addition to
the 6 architects, there shall be one public member. The public
member shall be a voting member and shall not be licensed under
this Act or any other design profession licensing Act that the
Department administers.
Board members shall serve 5-year terms and until their
successors are appointed and qualified. In appointing members
SB3767 Enrolled LRB103 38828 RTM 68965 b
to the Board, the Secretary shall give due consideration to
recommendations by members and organizations of the
architecture profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
The Secretary may remove any member of the Board for
misconduct, incompetence, or neglect of duty or for reasons
prescribed by law for removal of State officials.
The Secretary may remove a member of the Board who does not
attend 2 consecutive meetings.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the
Board and any recommendations made therein. The Department
may, at any time, seek the expert advice and knowledge of the
Board on any matter relating to the administration or
enforcement of this Act.
Members of the Board are not liable for damages in any
action or proceeding as a result of activities performed as
members of the Board, except upon proof of actual malice.
Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(Source: P.A. 101-346, eff. 8-9-19.)
(225 ILCS 305/13) (from Ch. 111, par. 1313)
(Section scheduled to be repealed on January 1, 2030)
Sec. 13. Qualifications of applicants. Any person who is
of good moral character may apply for licensure if the
applicant he or she is a graduate with a first professional
degree in architecture from a program that is accredited by
the National Architectural Accrediting Board, the Canadian
Architectural Certification Board, or satisfies the
qualifications of substantial equivalency through either an
alternate pathway approved by the National Council of
Architectural Registration Boards or a mutual recognition
agreement; has completed the examination requirements set
forth under Section 12; , and has completed such diversified
professional training, including academic training, as is
required by rules of the Department. The Department may adopt,
as its own rules relating to diversified professional
training, those guidelines published from time to time by the
National Council of Architectural Registration Boards.
Good moral character means such character as will enable a
person to discharge the duties of an architect to that
person's client and to the public in a manner that protects
health, safety, and welfare. Evidence of inability to
discharge such duties may include the commission of an offense
justifying discipline under Section 22. In addition, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute
grounds for discipline under this Act.
(Source: P.A. 101-346, eff. 8-9-19.)
(225 ILCS 305/18) (from Ch. 111, par. 1318)
(Section scheduled to be repealed on January 1, 2030)
Sec. 18. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as an architect to an applicant licensed under the
laws of another state, the District of Columbia, or a
territory of the United States, or a foreign country if the
requirements for licensure in that other jurisdiction were, on
the date of original licensure, substantially equivalent to
the requirements then in force in this State.
(b) If the accuracy of any submitted documentation or
relevance or sufficiency of the coursework or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
(c) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed within the 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.
(Source: P.A. 101-346, eff. 8-9-19.)
(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2030)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation,
under the Professional Service Corporation Act, of a
corporation to offer the practice of architecture.
Any business, including, but not limited to, a
Professional Service Corporation, that includes the practice
of architecture within its stated purposes, practices
architecture, or holds itself out as available to practice
architecture shall register with the Department under this
Section. Any professional service corporation, sole
proprietorship, or professional design firm offering
architectural services must have a resident architect in
responsible charge of the architectural practices in each
location in which architectural services are provided who
shall be designated as a managing agent.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
is prohibited from offering architectural services to the
public. "Illinois licensed design professional" means a person
who holds an active license as an architect under this Act, as
a structural engineer under the Structural Engineering
Practice Act of 1989, as a professional engineer under the
Professional Engineering Practice Act of 1989, or as a
professional land surveyor under the Professional Land
Surveyor Act of 1989. Any sole proprietorship owned and
operated by an architect with an active license issued under
this Act and conducting or transacting such business under an
assumed name in accordance with the Assumed Business Name Act
shall comply with the registration requirements of a
professional design firm. Any sole proprietorship owned and
operated by an architect with an active license issued under
this Act and conducting or transacting such business under the
real name of the sole proprietor is exempt from the
registration requirements of a professional design firm.
(b) Any business, including, but not limited to, a
Professional Service Corporation, partnership, limited
liability company, or professional design firm seeking to be
registered under this Section shall not be registered as a
professional design firm unless the business designates an
individual who holds a license under this Act as one of the
members of the board of directors, partners, or members of the
business and the designated individual will function as the
managing agent for the business. :
(1) two-thirds of the board of directors, in the case
of a corporation, or two-thirds of the general partners,
in the case of a partnership, or two-thirds of the
members, in the case of a limited liability company, are
licensed under the laws of any State to practice
architecture, professional engineering, land surveying, or
structural engineering; and
(2) a managing agent is (A) a sole proprietor or
director in the case of a corporation, a general partner
in the case of a partnership, or a member in the case of a
limited liability company, and (B) holds a license under
this Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers, directors,
members, managers, partners or beneficial owners as the
Department may, by rule, require.
(c) No business shall offer the practice or hold itself
out as available to offer the practice of architecture until
it is registered with the Department as a professional design
firm. Every entity registered as a professional design firm
shall display its certificate of registration or a facsimile
thereof in a conspicuous place in each office offering
architectural services.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to
all of the following:
(1) The name and architect's license number of at
least one person designated as a managing agent. In the
case of a corporation, the corporation shall also submit a
certified copy of the resolution by the board of directors
designating at least one managing agent. If a limited
liability company, the company shall submit a certified
copy of either its articles of organization or operating
agreement designating at least one managing agent.
(2) The names and architect's, professional
engineer's, structural engineer's, or land surveyor's
license numbers of the directors, in the case of a
corporation, the members, in the case of a limited
liability company, or general partners, in the case of a
partnership.
(3) A list of all locations at which the professional
design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business from compliance with the requirements of the
Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(e) If a managing agent is terminated or terminates his or
her status as managing agent of the professional design firm,
the managing agent and the professional design firm shall
notify the Department of this fact in writing, by regular mail
or email, within 10 business days of termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the newly designated managing agent. If a
corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating the
new managing agent. If a limited liability company, the
company shall also submit a certified copy of either its
articles of organization or operating agreement designating
the new managing agent. The Department may, upon good cause
shown, extend the original 30-day period.
If the professional design firm has not notified the
Department in writing, by regular mail or email, within the
specified time, the registration shall be terminated without
prior hearing. Notification of termination shall be sent by
regular mail to the address of record. If the professional
design firm continues to operate and offer architectural
services after the termination, the Department may seek
prosecution under Sections 22 and 23.5 for the unlicensed
practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the
same manner and on the same grounds as disciplinary action
against a licensed architect. All disciplinary action taken or
pending against a corporation or partnership before the
effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing
separate actions.
(Source: P.A. 101-346, eff. 8-9-19.)
Section 10. The Registered Interior Designers Act is
amended by changing Sections 8 and 10 as follows:
(225 ILCS 310/8) (from Ch. 111, par. 8208)
(Section scheduled to be repealed on January 1, 2027)
Sec. 8. Application requirements Requirements for
registration.
(a) Each applicant for registration shall apply to the
Department in writing on a form or electronically as provided
by the Department. 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 the rules adopted by the Department. Except as
otherwise provided in this Act, each applicant shall take and
pass the examination approved by the Department. Prior to
registration, the applicant shall provide substantial evidence
to the Board that the applicant has completed the education
and work experience requirements to sit for the NCIDQ
examination administered by the Council for Interior Design
Qualification, has successfully passed the NCIDQ exam, has
maintained an active NCIDQ certification, and:
(1) is a graduate of a 5-year interior design or
architecture program from an accredited institution and
has completed at least 2 years of full-time diversified
interior design experience;
(2) is a graduate of a 4-year interior design or
architecture program from an accredited institution and
has completed at least 2 years of full-time diversified
interior design experience;
(3) has completed at least 3 years of interior design
or architecture curriculum from an accredited institution
and has completed 3 years of full-time diversified
interior design experience; or
(4) is a graduate of a 2-year interior design or
architecture program from an accredited institution and
has completed 4 years of full-time diversified interior
design experience.
(b) In addition to providing evidence of meeting the
requirements of subsection (a), each applicant for
registration as a registered interior designer shall provide
substantial evidence that the applicant he or she has
successfully completed the examination administered by the
Council for Interior Design Qualification.
(b-5) Each applicant for registration shall pay to the
Department the required registration fee, which is not
refundable, at the time of filing the his or her application.
(b-10) Each applicant for renewal or reinstatement of
registration under this Act shall have completed continuing
education as set forth by the Department by rule. The
Department shall consider the recommendations of the Board in
establishing requirements for continuing education
requirements but shall be no less than 10 hours of continuing
education in the areas of health, safety, and welfare every 2
years.
(c) An individual may apply for original registration
prior to passing the examination. The individual He or she
shall have 3 2 years after the date of filing an application to
pass the examination. If evidence and documentation of passing
the examination are received by the Department later than 3 2
years after the individual's filing, the application shall be
denied and the fee forfeited. The applicant may reapply at any
time, but shall meet the requirements in effect at the time of
reapplication.
(d) Upon payment of the required fee, which shall be
determined by rule, an applicant who is an architect licensed
under the laws of this State may, without examination, be
granted registration as a registered interior designer by the
Department provided the applicant submits proof of an active
architectural license in Illinois.
(Source: P.A. 101-81, eff. 7-12-19; 102-1066, eff. 1-1-23.)
(225 ILCS 310/10) (from Ch. 111, par. 8210)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Endorsement Foreign applicants.
(a) Upon payment of the required fee and the filing of an
application in writing on a form or electronically as provided
by the Department, an applicant who is an interior designer
currently registered, certified, or licensed under the laws of
another state or territory of the United States or a foreign
country or province shall, without further examination, be
granted registration as an interior designer by the Department
whenever the requirements of such state or territory of the
United States or a foreign country or province were, at the
date of registration, certification, or licensure,
substantially equal to or greater than the requirements then
in force in this State. The Department may adopt rules
governing recognition of education and legal practice of the
profession in another jurisdiction, requiring additional
education, and determining when an examination may be
required.
(b) If the accuracy of any submitted documentation or
relevance or sufficiency of the coursework or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given,
or a need for clarification, the applicant seeking
registration may be required to provide additional
information.
(c) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed within the 3 years, then 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.
(Source: P.A. 100-920, eff. 8-17-18.)
Section 15. The Landscape Architecture Registration Act is
amended by adding Section 48 as follows:
(225 ILCS 316/48 new)
Sec. 48. Endorsement.
(a) The Department may issue a registration as a landscape
architect to an applicant who submits a valid application
accompanied by the required fee and is a landscape architect
licensed or registered under the laws of another state, the
District of Columbia, a territory of the United States, or a
foreign country if the requirements for licensure,
registration, or certification in that other jurisdiction
were, on the date of original licensure, registration, or
certification, substantially equivalent to the requirements
then in force in this State.
(b) An application for endorsement shall provide proof of
passage of an examination required for registration.
(c) If the accuracy of any submitted documentation or
relevance or sufficiency of the coursework or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given
or a need for clarification, the applicant seeking
registration may be required to provide additional
information.
(d) An applicant has 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 forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(e) This Section is repealed on January 1, 2027.
Section 20. The Professional Engineering Practice Act of
1989 is amended by changing Sections 10, 11, and 19 as follows:
(225 ILCS 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10. Minimum standards for licensure as professional
engineer.
(a) To qualify for licensure as a professional engineer,
each applicant shall be:
(1) a graduate of an approved engineering curriculum
of at least 4 years who submits acceptable evidence to the
Board of an additional 4 years or more of experience in
engineering work of a grade and character that indicate
that the individual may be competent to practice
professional engineering, and who has passed an
examination in the fundamentals of engineering as defined
by rule and an examination in the principles and practice
of engineering as defined by rule. Upon submitting an
application with proof of passing both examinations, the
applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State; or
(2) a graduate of a non-approved engineering
curriculum or a related science curriculum of at least 4
years and which meets the requirements as set forth by
rule by submitting an application to the Department for
its review and approval, who submits acceptable evidence
to the Board of an additional 4 8 years or more of
experience in engineering work of a grade and character
which indicate that the individual may be competent to
practice professional engineering, and who has passed an
examination in the fundamentals of engineering as defined
by rule and an examination in the principles and practice
of engineering as defined by rule. Upon submitting the
application with proof of passing both examinations, the
applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State; or
(3) an Illinois engineer intern, by application and
payment of the required fee, may then take an examination
in the principles and practice of engineering as defined
by rule. If the applicant passes that examination and
submits evidence to the Board that meets the experience
qualification of paragraph (1) or (2), the applicant, if
otherwise qualified, shall be granted a license to
practice professional engineering in this State.
(b) Allowable experience for licensure shall commence at
the date of the baccalaureate degree, except for experience
gained while the applicant is a part-time student taking fewer
than 12 hours per semester or 8 hours per quarter to earn the
degree concurrent with the full-time engineering experience.
(c) When considering an applicant's qualifications for
licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or
actions that would constitute a violation of the Standards of
Professional Conduct for this Act as provided by
administrative rules.
(Source: P.A. 101-310, eff. 8-9-19.)
(225 ILCS 325/11) (from Ch. 111, par. 5211)
(Section scheduled to be repealed on January 1, 2030)
Sec. 11. Minimum standards for examination for enrollment
as engineer intern. Each of the following is considered a
minimum standard that an applicant must satisfy to qualify for
enrollment as an engineer intern:
(a) A graduate of an approved engineering curriculum
of at least 4 years, who has passed an examination in the
fundamentals of engineering as defined by rule, shall be
enrolled as an engineer intern, if the applicant is
otherwise qualified; or
(b) An applicant in the last year of an approved
engineering curriculum who passes an examination in the
fundamentals of engineering as defined by rule and
furnishes proof that the applicant graduated within a
12-month period following the examination shall be
enrolled as an engineer intern, if the applicant is
otherwise qualified; or
(c) A graduate of a non-approved engineering
curriculum or a related science curriculum of at least 4
years and which meets the requirements as set forth by
rule by submitting an application to the Department for
its review and approval, who submits acceptable evidence
to the Board of an additional 4 years or more of
progressive experience in engineering work, and who has
passed an examination in the fundamentals of engineering
as defined by rule shall be enrolled as an engineer
intern, if the applicant is otherwise qualified.
(Source: P.A. 101-310, eff. 8-9-19.)
(225 ILCS 325/19) (from Ch. 111, par. 5219)
(Section scheduled to be repealed on January 1, 2030)
Sec. 19. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as a professional engineer to an applicant already
licensed under the laws of another state, the District of
Columbia, a territory of the United States, or a foreign
country party to the North American Free Trade Agreement if
the requirements for licensure in that other jurisdiction
were, on the date at the time of original licensure,
substantially equivalent to the requirements then in force in
this State.
(b) If the accuracy of any submitted documentation or
relevance or sufficiency of the coursework course work or
experience is questioned by the Department or the Board
because of a lack of information, discrepancies, or conflicts
in information given or a need for clarification, the
applicant seeking licensure may be required to provide
additional information.
(c) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed during the 3-year time frame, the application
shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 101-310, eff. 8-9-19.)
Section 25. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Sections 12 and 20 as follows:
(225 ILCS 330/12) (from Ch. 111, par. 3262)
(Section scheduled to be repealed on January 1, 2030)
Sec. 12. Qualifications for licensing.
(a) A person is qualified to receive a license as a
professional land surveyor and the Department shall issue a
license to a person:
(1) who has applied in writing in the required form to
the Department or electronically;
(2) who has not violated any provision of this Act or
its rules;
(3) who is of good ethical character, including
compliance with the Code of Ethics and Standards of
Practice adopted by rule under this Act, and has not
committed an act or offense in any jurisdiction that would
constitute grounds for discipline of a land surveyor
licensed under this Act;
(4) who has been issued a license as a surveyor
intern;
(5) who, subsequent to conferral of a degree meeting
one of the educational requirements listed in paragraph
(7), passing the examination authorized by the Department
for licensure as a surveyor intern, has at least 4 years of
responsible charge experience verified by a professional
land surveyor in direct supervision and control of his or
her activities;
(6) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a professional land surveyor; and
(7) who satisfies one of the following educational
requirements:
(A) is a graduate of an approved land surveying
curriculum of at least 4 years who has passed an
examination in the fundamentals of surveying, as
defined by rule; or
(B) is a graduate of a baccalaureate curriculum of
at least 4 years, including at least 24 semester hours
of land surveying courses from an approved land
surveying curriculum and the related science courses,
who has passed an examination in the fundamentals of
surveying, as defined by rule.
(b) A person is qualified to receive a license as a
surveyor intern and the Department shall issue a license to a
person:
(1) who has applied in writing in the required form
provided by the Department or electronically;
(2) (blank);
(3) who is of good moral character;
(4) who has the required education as set forth in
this Act; and
(5) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a surveyor intern in accordance with this Act.
In determining moral character under this Section, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute
grounds for discipline under this Act.
(Source: P.A. 100-171, eff. 1-1-18; 101-313, eff. 8-9-19.)
(225 ILCS 330/20) (from Ch. 111, par. 3270)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as a professional land surveyor to an applicant
licensed under the laws of another state, the District of
Columbia, or a U.S. territory
of the United States, or a
foreign country if the requirements for licensure in that
other jurisdiction were, on the date of original licensure,
substantially equivalent to the requirements then in force in
this State.
(b) All applicants for endorsement shall pass a
jurisdictional examination to determine the applicant's
knowledge of the surveying tasks unique to the State of
Illinois and the laws pertaining thereto.
(c) If the accuracy of any submitted documentation or
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
(d) 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.
(Source: P.A. 101-313, eff. 8-9-19.)
Section 30. The Structural Engineering Practice Act of
1989 is amended by changing Section 16 as follows:
(225 ILCS 340/16) (from Ch. 111, par. 6616)
(Section scheduled to be repealed on January 1, 2030)
Sec. 16. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as a structural engineer to an applicant who is a
structural engineer licensed under the laws of another state,
the District of Columbia, a or territory of the United States,
or a foreign country if the requirements for licensure in that
other jurisdiction were, on at the date of original licensure,
substantially equivalent to the requirements then in force in
this State.
(b) All applications for endorsement shall provide proof
of passage of the examinations as approved by the Department
by rule.
(c) If the accuracy of any submitted documentation or
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
(d) 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 forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 101-312, eff. 8-9-19.)