SB1711 96TH GENERAL ASSEMBLY

LRB096 10972 ASK 21244 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1711

Introduced 2/19/2009, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Landscape Architecture Act of 1989. Replaces all references to "Director of Professional Regulation" with "Secretary of Financial and Professional Regulation", all references to "Department of Professional Regulation" with "Department of Financial and Professional Regulation", and all references to "registration" with "licensure" throughout the Act. Provides that the Act does not apply to general or landscape contractors, nurserymen or landscape nurserymen, designers or landscape designers, or gardeners or landscape gardeners engaged in the design of spaces utilizing plant, paving, or building materials or arranging for installation of those materials. Adds provisions concerning the display of a license, a seal, and continuing education. Repeals a Section that exempts any person who engages in the practice of landscape architecture, but does not represent himself as or use the title of "landscape architect" or "registered landscape architect", from the Act. Adds a provision concerning professional liability insurance. Makes other changes. Amends the Regulatory Sunset Act to change the sunset date to January 1, 2020. Effective December 31, 2009.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

WHEREAS, It is the intent of the General Assembly to do the following by enacting this amendatory Act of the 96th General Assembly:

(1) upgrade the profession of landscape architecture to a fully licensed profession, so as to better protect the public health, safety, and welfare of the people of Illinois;

(2) leave unchanged current traditional customs and practices related to other disciplines by not authorizing landscape architects to practice architecture, engineering, or land surveying; and

(3) leave unchanged current traditional customs and practices related to the work of other associated, unregulated businesses; and

WHEREAS, The General Assembly finds and declares the following:

(1) over 40 states currently license landscape architects in order to protect the health, safety, and welfare of their citizens;

(2) before an individual can become a landscape architect, the person must earn a bachelor's or first-professional master's degree in landscape architecture from an accredited program at an accredited university (only the University of Illinois at Urbana-Champaign, as of the date of this amendatory Act of the 96th General Assembly, offers such a degree in Illinois);

(3) following the attainment of the requisite degree, the graduate must participate in a professional internship of at least one year before making application for a license;

(4) the graduate must successfully pass the national Landscape Architecture Registration Examination, which tests the candidate's knowledge, skills, and abilities to address issues of concern to the public health, safety, and welfare;

(5) full licensure of landscape architects puts the profession on an equal footing with those practitioners already licensed to perform work traditionally performed by landscape architects and permits landscape architects to lead projects, form appropriate business relationships, and serve as principals in multidisciplinary firms; and

(6) by allowing landscape architects to submit proposals and to seal their work, consumers and public agencies can purchase services at reduced costs; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The Illinois Landscape Architecture Act of 1989 is amended by changing Sections 1, 3, 4, 4.5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, and 28 and by adding Sections 2.5, 6.5, 11.5, 11.10, and 12.5 as follows:

(225 ILCS 315/1) (from Ch. 111, par. 8101)

(Section scheduled to be repealed on January 1, 2010)

Sec. 1. Purpose; public policy. The practice of landscape architecture in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of landscape architecture, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be authorized to practice landscape architecture in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes. It is the purpose of this Act to provide for the registration of landscape architects.

(Source: P.A. 86-932.)

(225 ILCS 315/2.5 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 2.5. Application of Act.

(a) Nothing in this Act shall be deemed or construed to prevent the practice of architecture, as defined in the Architecture Practice Act of 1989, or the practice of professional engineering, as defined in the Professional Engineering Practice Act of 1989, by persons other than those licensed in accordance with this Act, the Architectural Practice Act of 1989, or the Professional Engineering Practice Act of 1989.

(b) Nothing contained in this Act shall prevent students, project representatives, or other employees of those lawfully practicing as licensed landscape architects under the provisions of this Act from acting under the direct supervision and control of their supervisors or employers or prevent such project representatives from acting under the direct supervision and control of the licensed landscape architect by whom the construction documents, including drawings and specifications, were prepared.

(c) Nothing in this Act shall be deemed or construed to prohibit persons, such as landscape contractors; landscape designers; horticulturists; arborists; irrigation consultants or designers; landscape lighting designers or contractors; foresters; resident gardeners; resident caretakers; nurserymen; garden center merchandisers; golf course architects, designers, or planners; land surveyors; farmers or agriculturalists; wildlife management or habitat restoration personnel; wetland ecologists; employees or volunteers working under the direction of a landscape architect; employees or volunteers working under the direction of a unit of local government for public purposes; or persons performing activities on their own behalf upon their own property from engaging in any of the following activities: (i) consultation, (ii) research, (iii) investigation, (iv) conceptual designing, (iv) preparation of plans, (v) drawings, (vi) supervision, (vii) placement of tangible objects, (viii) landscape features, (ix) plantings, (x) arrangement of plantings or other ornamental features, or (xi) preservation.

(d) This Act shall not be deemed or construed to restrict the services customarily performed in the practice of land use planning and associated services that are performed by urban planners, city and regional planners, park and recreation planners, or land planners. This Act shall not apply to the work of direct manmade connections to offsite designed sewer pipe, drainage pipe, or other utility systems of a regional or municipal unit of government.

(e) This Act does not apply to general or landscape contractors, nurserymen or landscape nurserymen, designers or landscape designers, or gardeners or landscape gardeners engaged in the design of spaces utilizing plant, paving, or building materials or arranging for installation of the same.

(225 ILCS 315/3) (from Ch. 111, par. 8103)

(Section scheduled to be repealed on January 1, 2010)

Sec. 3. Definitions. As used in this Act:

(a) "Board" means the Illinois Landscape Architect Licensing Registration Board.

(b) "Department" means the Illinois Department of Financial and Professional Regulation.

(c) "Secretary Director" means the Secretary Director of Financial and Professional Regulation.

(d) "Landscape Architect" means a person who, based on education, experience, and examination or both in the field of landscape architecture, is licensed eligible to register under this Act.

(e) "Landscape Architecture" means the art and science of arranging land, together with the spaces and objects upon it, for the purpose of creating a safe, efficient, healthful, and aesthetically pleasing physical environment for human use and enjoyment.

(f) "Landscape Architectural Practice" means the offering or furnishing of professional services in connection with a landscape architecture project including, but 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; analyzing and providing for life safety requirements; developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer, architect, or structural engineer; administering construction projects, managing projects, and managing construction, as these activities relate to landscape features; preparing and coordinating technical submissions; and conducting site observation of a landscape architecture project.

(g) "Person" means any person, sole proprietorship, or entity such as a partnership, professional service corporation, or corporation.

(Source: P.A. 86-932.)

(225 ILCS 315/4) (from Ch. 111, par. 8104)

(Section scheduled to be repealed on January 1, 2010)

Sec. 4. After the effective date of this Act, no person may represent himself to be a landscape architect, or use the title "landscape architect", "registered landscape architect", or any other title which includes the words "landscape architect" or "landscape architecture", or engage in landscape architectural practice, unless licensed registered under this Act.

(Source: P.A. 86-932.)

(225 ILCS 315/4.5)

(Section scheduled to be repealed on January 1, 2010)

Sec. 4.5. Unlicensed Unregistered practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice landscape architecture without being licensed registered under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(Source: P.A. 89-474, eff. 6-18-96.)

(225 ILCS 315/6) (from Ch. 111, par. 8106)

(Section scheduled to be repealed on January 1, 2010)

Sec. 6. Issuance of license Certificate. Whenever an applicant for licensure registration has complied with the provisions of Section 11 of this Act, the Department shall issue a license certificate of registration to the applicant as a licensed registered landscape architect subject to the provisions of this Act.

(Source: P.A. 86-932.)

(225 ILCS 315/6.5 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 6.5. Display of license; seal.

(a) Every holder of a landscape architect license shall display it in a conspicuous place in his or her principal office.

(b) Every licensed landscape architect shall have a reproducible seal or facsimile the print of which shall contain the name of the landscape architect, the license number, and the words "Licensed Landscape Architect, State of Illinois". The licensed landscape architect shall affix the signature, current date, date of license expiration, and seal to the first sheet of any bound set or loose sheets of technical submissions utilized as contract documents between the parties to the contract or prepared for the review and approval of any governmental or public authority having jurisdiction by that landscape architect or under that landscape architect's responsible control. The sheet of technical submissions in which the seal is affixed shall indicate those documents or parts thereof for which the seal shall apply. The seal and dates may be electronically affixed. The signature must be in the original handwriting of the licensee. Signatures generated by computer shall not be permitted. All technical submissions issued by any corporation, partnership, professional service corporation, or professional design firm as licensed under this Act shall contain the corporate or assumed business name and design firm license number, in addition to any other seal requirements set forth in this Section.

(c) In this Section, "responsible control" means that amount of control over, and detailed professional knowledge of, the content of technical submissions during their preparation as is ordinarily exercised by landscape architects applying the required professional standard of care. Merely reviewing, or reviewing and correcting, the technical submissions or any portion thereof prepared by those not in the regular employment of the office where the landscape architect is resident without control over the content of such work throughout its preparation does not constitute "responsible control".

(d) A landscape architect licensed under this Act shall not sign and seal technical submissions that have not been prepared by or under the responsible control of the landscape architect, except that:

(1) the landscape architect may sign and seal those portions of the technical submissions that were prepared by or under the responsible control of persons who hold a license under this Act, and who have signed and sealed the documents, if the landscape architect has reviewed, in whole or in part, such portions and has either coordinated their preparation or integrated them into his or her work;

(2) the landscape architect may sign and seal portions of the professional work that are not required by this Act to be prepared by or under the responsible control of a landscape architect, if the landscape architect has reviewed and adopted, in whole or in part, such portions and has integrated them into his or her work; and

(3) a partner or corporate officer of a professional design firm registered in Illinois and licensed under this Act, who has professional knowledge of the content of the technical submissions and intends to be responsible for the adequacy of the technical submissions, may sign and seal technical submissions that are prepared by or under the responsible control of landscape architects who are licensed in this State and who are in the regular employment of the professional design firm.

(e) The landscape architect exercising responsible control over the preparation of documents or portions of documents shall be identified on the documents or portions of documents by name and Illinois license number.

(f) Any licensed landscape architect who signs and seals technical submissions not prepared by that landscape architect but prepared under his or her responsible control by persons not regularly employed in the office where the landscape architect is resident shall maintain and make available to the Board upon request for at least 5 years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the landscape architect's control over and detailed professional knowledge of such technical submissions throughout their preparation.

(225 ILCS 315/7) (from Ch. 111, par. 8107)

(Section scheduled to be repealed on January 1, 2010)

Sec. 7. Current Address. Every landscape architect shall maintain a current address with the Department. It shall be the responsibility of the licensee registrant to notify the Department in writing of any change of address.

(Source: P.A. 91-255, eff. 12-30-99.)

(225 ILCS 315/8) (from Ch. 111, par. 8108)

(Section scheduled to be repealed on January 1, 2010)

Sec. 8. Powers and Duties of the Department.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing acts and shall exercise such other powers and duties vested by this Act.

(b) The Department shall promulgate rules and regulations consistent with the provisions of this Act for the administration and enforcement thereof which shall include standards and criteria for licensure registration and for the payment of fees connected therewith. The Department shall prescribe forms required for the administration of this Act.

(c) The Department shall consult the Landscape Architecture Board in promulgating rules and regulations. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein. The Department shall notify the Board in writing of the explanation for any deviations from the Board's recommendations and response.

(d) The Department may at any time seek the advice and the expert knowledge of the Board on any matter relating to the administration of this Act.

(e) The Department shall issue a quarterly report to the Board setting forth the status of all complaints received by the Department related to the landscape architecture practice.

(f) The Department shall maintain membership and representation in the national body composed of state licensing and testing boards for landscape architects.

(Source: P.A. 86-932.)

(225 ILCS 315/9) (from Ch. 111, par. 8109)

(Section scheduled to be repealed on January 1, 2010)

Sec. 9. Composition, qualification, and terms of Board.

(a) The Secretary Director shall appoint the Illinois Landscape Architecture Licensing a Board consisting of 5 persons who are residents of the State of Illinois and who shall be appointed by and shall serve in an advisory capacity to the Secretary Director. Four persons shall be individuals experienced in landscape architectural work who would qualify upon application to the Department under the provisions of this Act to be a licensed registered landscape architects, one of whom shall be a tenured member of the landscape architecture faculty of a university located within this State that maintains an accredited school of landscape architecture the University of Illinois and 3 of whom shall have engaged in landscape architectural work for at least 5 years. The fifth person shall be a public member, not an employee of the State of Illinois, who is not licensed registered under this Act or a similar Act of another jurisdiction. The public member may not be elected or appointed as chairman of the Board or serve in such capacity in any other manner.

(b) Members of the Board shall serve 5 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for a term which would cause that member's cumulative service on the Board to be longer than 10 years. No member who is an initial appointment to the Board shall be reappointed to the Board for a term which would cause that member's cumulative service on the Board to be longer than 13 years. Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act.

(c) The Secretary Director may remove any member of the Board for cause, which may include without limitation a member who does not attend 2 consecutive meetings.

(d) The Secretary Director shall consider the recommendations of the Board on questions involving standards of professional conduct, discipline, and qualifications of candidates and registrants under this Act.

(e) A quorum of the Board shall consist of a majority of members currently appointed. A majority vote of the quorum is required for Board board decisions.

(f) The Board shall annually elect a chairperson and vice chairperson, both of whom shall be licensed landscape architects.

(Source: P.A. 91-255, eff. 12-30-99.)

(225 ILCS 315/10) (from Ch. 111, par. 8110)

(Section scheduled to be repealed on January 1, 2010)

Sec. 10. Application for licensure Registration. An application for licensure registration shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensure registration.

(Source: P.A. 86-932.)

(225 ILCS 315/11) (from Ch. 111, par. 8111)

(Section scheduled to be repealed on January 1, 2010)

Sec. 11. Licensure Registration Qualifications.

(a) Every person applying to the Department for licensure registration shall do so on forms approved by the Department and shall pay the required fee. Every person applying to the Department for licensure registration shall submit, with his application, satisfactory evidence that the person holds an approved professional degree in landscape architecture from an approved and accredited program, as such terms are defined by the rules and regulations of the Department, and that he has had such practical experience in landscape architectural work as shall be required by the rules and regulations of the Department. Every In lieu of evidence of any approved professional degree in landscape architecture, the applicant may submit satisfactory evidence of such other education or experience as shall be required by the rules and regulations of the Department; provided, however, that after January 1, 1993 every applicant for initial licensure registration must have an approved professional degree. If an applicant is qualified the Department shall, by means of a written examination, examine the applicant on such technical and professional subjects as shall be required by the rules and regulations of the Department.

(b) The Department may exempt from such written examination an applicant who holds a certificate of qualification issued by the National Council of Landscape Architecture Registration Boards, or who holds a license registration in another state which has equivalent or substantially equivalent requirements as the State of Illinois.

(c) The Department shall adopt rules determining requirements for practical training and education. The Department may also adopt the examinations and recommended grading procedures of the National Council of Landscape Architectural Registration Boards and the accreditation procedures of the Landscape Architectural Accrediting Board. The Department shall issue a license certificate of registration to each applicant who satisfies the requirements set forth in this Section. Such licensure registration shall be effective upon issuance.

(d) If an applicant neglects, fails without an approved excuse, or refuses to take an examination or fails to pass an examination to obtain a license certificate of registration under this Act within 3 years after filing the application, the application shall be denied. However, such applicant may thereafter submit a new application accompanied by the required fee.

(e) For a period of 2 years after the effective date of this amendatory Act of the 96th General Assembly, persons demonstrating to the Department that they have been engaged in the practice of landscape architecture for a period of 10 years and have an accredited degree and license in urban or regional planning (AICP), architecture, or civil engineering are eligible to achieve licensure through examination as set forth in this Act. Any person who has been engaged in the practice of landscape architecture prior to the effective date of this Act, shall, upon application within 2 years from the effective date of this Act and upon payment of the required current registration fee and application fee, be issued registration without examination upon furnishing to the Department satisfactory proof that he was so engaged prior to such date. The Director, through the Board, shall accept as satisfactory evidence of the competency and qualifications of the applicant for registration the following:

(1) A diploma of graduation or satisfactory completion certificate from a college, school, or university offering an accredited program in landscape architecture, together with evidence of at least 2 years of actual, practical experience in landscape architectural work of a grade and character acceptable to the Board; or

(2) Evidence that the applicant has a total of at least 7 years of actual, practical experience in landscape architectural work of a grade and character acceptable to the Board and has been actually engaged in the active practice of landscape architecture for not less than 4 years immediately prior to the effective date of this Act.

(Source: P.A. 91-255, eff. 12-30-99.)

(225 ILCS 315/11.5 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 11.5. Registrants deemed licensed. Any landscape architect registered under this Act on the effective date of this amendatory Act of the 96th General Assembly shall be deemed licensed under this Act until such time as his or her registration is revoked. Upon the revocation of the valid registration, the requirements for license renewal, license restoration, or administrative proceedings shall apply.

(225 ILCS 315/11.10 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 11.10. Professional liability.

(a) Any individual licensed under this Act to practice landscape architecture is liable for his or her acts, errors, and omissions and any shareholder, member, or partner of any entity that provides landscape architecture services through an individual licensed under this Act is liable for the acts, errors, and omissions of the employees, members, and partners of the entity. Eligible claims of liability may be covered under a qualifying policy of professional liability insurance, as set forth in subsection (b) of this Section, maintained by an individual or entity.

(b) A qualifying policy of professional liability insurance must insure an individual or entity against liability imposed upon it by law for damages arising out of the negligent acts, errors, and omissions of the individual or of the professional and non-professional employees, members, and partners of the entity.

The policy may exclude coverage of the following:

(1) a dishonest, fraudulent, criminal, or malicious act or omission of the insured individual or entity or any stockholder, employee, member, or partner of the insured entity;

(2) the conducting of a business enterprise that is not the practice of landscape architecture by the insured individual or entity;

(3) the conducting of a business enterprise in which the insured individual or entity may be a partner or that may be controlled, operated, or managed by the individual or entity in its own or in a fiduciary capacity, including without limitation the ownership, maintenance, or use of property;

(4) bodily injury, sickness, disease, or death of a person;

(5) damage to or destruction of tangible property owned by the insured individual or entity; or

The policy may include any other reasonable provisions with respect to policy periods, territory, claims, conditions, and ministerial matters.

(225 ILCS 315/12) (from Ch. 111, par. 8112)

(Section scheduled to be repealed on January 1, 2010)

Sec. 12. Licensure; renewal; restoration Registration, Renewal, Restoration.

(a) The expiration date and renewal period for each license registration issued under this Act shall be prescribed by the rules and regulations of the Department.

(b) Any person who has permitted his license registration to expire or who has had his license registration on inactive status may have his license registration restored by applying to the Department, filing proof acceptable to the Department of his fitness to have the license registration restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and paying the required restoration fee.

(c) If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the successful completion of an examination.

(d) However, any person whose license registration has expired while he has been 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 his license registration renewed or restored without paying any lapsed renewal fees if, within 2 years after termination of such service, training or education other than by dishonorable discharge, he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that the service, training or education has been so terminated.

(e) Each application for renewal shall contain the signature of the landscape architect.

(Source: P.A. 86-932.)

(225 ILCS 315/12.5 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 12.5. Continuing education. The Department may adopt rules of continuing education for persons licensed under this Act. The Department shall consider the recommendations of the Board in establishing the guidelines for the continuing education requirements. Rules adopted under this Section apply to any person seeking renewal or restoration of licensure under this Act. The continuing education shall consist of at least 6 hours per year and may include relevant courses offered in various formats or mediums.

(225 ILCS 315/13) (from Ch. 111, par. 8113)

(Section scheduled to be repealed on January 1, 2010)

Sec. 13. Inactive Status.

(a) Any landscape architect who notifies the Department in writing on forms prescribed by the Department may elect to place his license registration on an inactive status and shall be excused from payment of renewal fees until he notifies the Department in writing of his desire to resume active status.

(b) Any person whose license has been expired for more than 3 years may have his license restored by making application to the Department and filing proof acceptable to the Department of his fitness to have his license restored, including evidence certifying to active practice in another jurisdiction, and by paying the required restoration fee.

(c) Any landscape architect whose license registration is in an inactive status, has been suspended or revoked, or has expired shall not practice landscape architecture nor represent himself to be a landscape architect or use the title "landscape architect", "licensed registered landscape architect", or any other title which includes the words "landscape architect".

(Source: P.A. 86-932.)

(225 ILCS 315/15) (from Ch. 111, par. 8115)

(Section scheduled to be repealed on January 1, 2010)

Sec. 15. Disposition of funds. All of the fees collected pursuant to this Act shall be deposited in the General Professions Dedicated Fund.

On January 1, 2000 the State Comptroller shall transfer the balance of the monies in the Landscape Architects' Administration and Investigation Fund into the General Professions Dedicated Fund. Amounts appropriated for fiscal year 2000 out of the Landscape Architects' Administration and Investigation Fund may be paid out of the General Professions Dedicated Fund.

The monies deposited in 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 (20 ILCS 2105/2105-300).

(Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; 92-16, eff. 6-28-01.)

(225 ILCS 315/16) (from Ch. 111, par. 8116)

(Section scheduled to be repealed on January 1, 2010)

Sec. 16. Roster. The Department shall maintain a roster of the names and addresses of all licensed registered landscape architects. This roster shall be available upon written request and payment of the required fee.

(Source: P.A. 86-932.)

(225 ILCS 315/17) (from Ch. 111, par. 8117)

(Section scheduled to be repealed on January 1, 2010)

Sec. 17. Advertising. Any person licensed 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.

(Source: P.A. 86-932.)

(225 ILCS 315/18) (from Ch. 111, par. 8118)

(Section scheduled to be repealed on January 1, 2010)

Sec. 18. Violation; injunction; cease and desist order.

(a) If any person violates the provisions of this Act, the Secretary Director 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) If any person shall practice landscape architecture or hold himself out as a "landscape architect" or "registered landscape architect" without being licensed registered under the provisions of this Act, then any licensed registered landscape architect, any interested party, or any person injured thereby may, in addition to the Secretary Director, petition for relief as provided in subsection (a) of this Section.

(c) Whoever holds himself out as a "landscape architect" or a "licensed registered landscape architect" or engages in landscape architectural practice in this State without being licensed registered for that purpose shall be guilty of a Class A misdemeanor, and for each subsequent conviction shall be guilty of a Class 4 felony.

(d) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow the person at least 7 days from the date of the rule to file an answer that is satisfactory to the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued.

(Source: P.A. 88-363.)

(225 ILCS 315/18.1)

(Section scheduled to be repealed on January 1, 2010)

Sec. 18.1. Grounds for Discipline.

(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department considers appropriate, including the issuance of fines not to exceed $1,000 for each violation, with regard to any license for any one or more of the following:

(1) Material misstatement in furnishing information to the Department or to any other State agency.

(2) Negligent or intentional disregard of this Act, or violation of any rules under this Act.

(3) Conviction of or plea of guilty or nolo contendere to any crime under the laws of the United States or any state or territory thereof that is a felony, or that is a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.

(4) Making any misrepresentation for the purpose of obtaining a license, or violating any provision of this Act or its rules.

(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.

(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 and violating the rules of professional conduct adopted by the Department.

(9) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to practice with reasonable skill, judgment, 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 Board that the licensee, after having the license placed on probationary status, has violated the terms of probation.

(12.5) A finding by the Board that the licensee has failed to pay a fine imposed by the Department.

(13) Abandonment of a client.

(14) Willfully filing false reports relating to a licensee's practice, including but not limited to, false records filed with federal or State agencies or departments.

(15) 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 licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(16) Physical or mental disability, including deterioration through the aging process or loss of abilities and skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.

(17) Solicitation of professional services by using false or misleading advertising.

(18) Failure to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.

(b) Any fines imposed under this Section shall not exceed $10,000 $1,000 for each violation.

(c) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary Director that the licensee be allowed to resume professional practice.

(d) In enforcing this Section, the Board, upon a showing of a possible violation, may compel a person licensed registered under this Act or who has applied for licensure registration pursuant to this Act to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians shall be those specifically designated by the Board. The Board or the Department may order the examining physician to present testimony concerning this mental or physical examination of the registrant or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee registrant or applicant and the examining physician. The person to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any person to submit to a mental or physical examination when directed shall be grounds for suspension of a license registration until the person submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

If the Board finds a person unable to practice because of the reasons set forth in this Section, the Board may require that person to submit to care, counseling, or treatment by physicians approved or designated by the Board as a condition, term, or restriction for continued, reinstated, or renewed licensure registration; or, in lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend, revoke, or otherwise discipline the license registration of the person. Any person whose license registration was granted, continued, reinstated, renewed, disciplined, or supervised subject to such terms, conditions, or restrictions and who fails to comply with such terms, conditions, or restrictions shall be referred to the Secretary Director for a determination as to whether the person shall have his or her license registration suspended immediately, pending a hearing by the Board.

(Source: P.A. 91-255, eff. 12-30-99.)

(225 ILCS 315/19) (from Ch. 111, par. 8119)

(Section scheduled to be repealed on January 1, 2010)

Sec. 19. Investigation; notice and hearing. The Department may investigate the actions or qualifications of any applicant or person holding or claiming to hold a certificate of license registration. The Department shall, before suspending or revoking, placing on probation, reprimanding, or taking any other disciplinary action under Section 18.1 of this Act, at least 30 days before the date set for the hearing, notify the applicant or holder of a certificate of license registration in writing of the nature of the charges and that a hearing will be held on the date designated. The written notice may be served by personal delivery or certified or registered mail to the applicant or licensee at the address of his last notification to the Department. The Department shall direct the applicant or licensee to file a written answer with the Department, under oath, within 20 days after the service of the notice, and inform the person that if he or she fails to file an answer, his or her license may be revoked, suspended, placed on probation, reprimanded, or the Department may take any other additional disciplinary action including the issuance of fines, not to exceed $1,000 for each violation, as the Department may consider necessary, without a hearing. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel. All parties shall be accorded an opportunity to present any statements, testimony, evidence, and arguments as may be pertinent to the charges or to their defense. The Board may continue the hearing from time to time.

(Source: P.A. 87-1031; 88-363.)

(225 ILCS 315/21) (from Ch. 111, par. 8121)

(Section scheduled to be repealed on January 1, 2010)

Sec. 21. Subpoenas; depositions; oaths. The Department has power to subpoena and bring before it any person and to take testimony either orally or 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.

The Secretary Director, the designated hearing officer, and every member of the Board has 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.

(Source: P.A. 88-363.)

(225 ILCS 315/22.1)

(Section scheduled to be repealed on January 1, 2010)

Sec. 22.1. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Secretary Director a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether the licensee violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Secretary Director.

The report of findings of fact, conclusions of law, and recommendation of the Board shall be the basis for the Department's order for refusal or for the granting of the license. If the Secretary Director disagrees with the recommendations of the Board, the Secretary Director may issue an order in contravention of the Board recommendations. The Secretary Director shall provide a written report to the Board on any disagreement and shall specify the reasons for the action in the final order. The findings are not admissible in evidence against the person in a criminal prosecution for violation of this Act, but the hearing and findings are not a bar to a criminal prosecution for violation of this Act.

(Source: P.A. 88-363.)

(225 ILCS 315/23) (from Ch. 111, par. 8123)

(Section scheduled to be repealed on January 1, 2010)

Sec. 23. Board; Rehearing. At the conclusion of the hearing, a copy of the Board's report shall be served upon the accused person, either personally or as provided in this Act for the service of the notice. Within 20 days after such service, the applicant or licensee may present to the Department a motion in writing for a rehearing which shall specify the particular grounds for rehearing. If no motion for a rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon the denial, the Secretary Director may enter any order in accordance with recommendations of the Board, except as provided in Section 120 of this Act. If the applicant or licensee requests 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 the delivery of the transcript to the applicant or licensee.

Whenever the Secretary Director is not satisfied that substantial justice has been done, he may order a rehearing by the same or another special board. At the expiration of the time specified for filing a motion for a rehearing the Secretary Director has the right to take the action recommended by the Board.

(Source: P.A. 88-363.)

(225 ILCS 315/24) (from Ch. 111, par. 8124)

(Section scheduled to be repealed on January 1, 2010)

Sec. 24. Appointment of a hearing officer. The Secretary Director has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew a license or permit or to discipline a licensee. The Secretary Director shall notify the Board of any such appointment. The hearing officer has full authority to conduct the hearing. At least one member of the Board shall attend each hearing. The hearing officer shall report his findings of fact, conclusions of law and recommendations to the Board and the Secretary Director. The Board has 60 days from receipt of the report to review it and present its findings of fact, conclusions of law and recommendations to the Secretary Director. If the Board fails to present its report within the 60 day period, the Secretary Director shall issue an order based on the report of the hearing officer. If the Secretary Director disagrees with the recommendation of the Board or hearing officer, the Secretary Director may issue an order in contravention of the recommendation. The Secretary Director shall promptly provide a written explanation to the Board on any disagreement.

(Source: P.A. 88-363.)

(225 ILCS 315/25) (from Ch. 111, par. 8125)

(Section scheduled to be repealed on January 1, 2010)

Sec. 25. 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 Director, shall be prima facie proof that:

(a) the signature is the genuine signature of the Secretary Director;

(b) the Secretary Director is duly appointed and qualified; and

(c) the Board and the members thereof are qualified to act.

(Source: P.A. 91-357, eff. 7-29-99.)

(225 ILCS 315/28) (from Ch. 111, par. 8128)

(Section scheduled to be repealed on January 1, 2010)

Sec. 28. Summary suspension of a license. The Secretary Director may summarily suspend the license of a landscape architect without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 24 of this Act, if the Secretary Director finds that evidence in the possession of the Secretary Director indicates that the continuation in practice by the landscape architect would constitute an imminent danger to the public. In the event that the Secretary Director temporarily suspends the license of an individual without a hearing, a hearing must be held within 30 days after such suspension has occurred.

(Source: P.A. 88-363.)

Section 10. The Professional Engineering Practice Act of 1989 is amended by changing Section 4 as follows:

(225 ILCS 325/4) (from Ch. 111, par. 5204)

(Section scheduled to be repealed on January 1, 2010)

Sec. 4. Definitions. As used in this Act:

(a) "Approved engineering curriculum" means an engineering curriculum or program of 4 academic years or more which meets the standards established by the rules of the Department.

(b) "Board" means the State Board of Professional Engineers of the Department of Professional Regulation, previously known as the Examining Committee.

(c) "Department" means the Department of Professional Regulation.

(d) "Design professional" means an architect, structural engineer or professional engineer, or landscape architect practicing in conformance with the Illinois Architecture Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Professional Engineering Practice Act of 1989, or the Illinois Landscape Architecture Act of 1989.

(e) "Director" means the Director of Professional Regulation.

(f) "Direct supervision/responsible charge" means work prepared under the control of a licensed professional engineer or that work as to which that professional engineer has detailed professional knowledge.

(g) "Engineering college" means a school, college, university, department of a university or other educational institution, reputable and in good standing in accordance with rules prescribed by the Department, and which grants baccalaureate degrees in engineering.

(h) "Engineering system or facility" means a system or facility whose design is based upon the application of the principles of science for the purpose of modification of natural states of being.

(i) "Engineer intern" means a person who is a candidate for licensure as a professional engineer and who has been enrolled as an engineer intern.

(j) "Enrollment" means an action by the Department to record those individuals who have met the Board's requirements for an engineer intern.

(k) "License" means an official document issued by the Department to an individual, a corporation, a partnership, a professional service corporation, a limited liability company, or a sole proprietorship, signifying authority to practice.

(l) "Negligence in the practice of professional engineering" means the failure to exercise that degree of reasonable professional skill, judgment and diligence normally rendered by professional engineers in the practice of professional engineering.

(m) "Professional engineer" means a person licensed under the laws of the State of Illinois to practice professional engineering.

(n) "Professional engineering" means the application of science to the design of engineering systems and facilities using the knowledge, skills, ability and professional judgment developed through professional engineering education, training and experience.

(o) "Professional engineering practice" means the consultation on, conception, investigation, evaluation, planning, and design of, and selection of materials to be used in, administration of construction contracts for, or site observation of, an engineering system or facility, where such consultation, conception, investigation, evaluation, planning, design, selection, administration, or observation requires extensive knowledge of engineering laws, formulae, materials, practice, and construction methods. A person shall be construed to practice or offer to practice professional engineering, within the meaning and intent of this Act, who practices, or who, by verbal claim, sign, advertisement, letterhead, card, or any other way, is represented to be a professional engineer, or through the use of the initials "P.E." or the title "engineer" or any of its derivations or some other title implies licensure as a professional engineer, or holds himself out as able to perform any service which is recognized as professional engineering practice.

Examples of the practice of professional engineering include, but need not be limited to, transportation facilities and publicly owned utilities for a region or community, railroads, railways, highways, subways, canals, harbors, river improvements; irrigation works; aircraft, airports and landing fields; waterworks, piping systems and appurtenances, sewers, sewage disposal works; plants for the generation of power; devices for the utilization of power; boilers; refrigeration plants, air conditioning systems and plants; heating systems and plants; plants for the transmission or distribution of power; electrical plants which produce, transmit, distribute, or utilize electrical energy; works for the extraction of minerals from the earth; plants for the refining, alloying or treating of metals; chemical works and industrial plants involving the use of chemicals and chemical processes; plants for the production, conversion, or utilization of nuclear, chemical, or radiant energy; forensic engineering, geotechnical engineering including, subsurface investigations; soil classification, geology and geohydrology, incidental to the practice of professional engineering; energy analysis, environmental design, hazardous waste mitigation and control; recognition, measurement, evaluation and control of environmental systems and emissions; automated building management systems; or the provision of professional engineering site observation of the construction of works and engineering systems. Nothing contained in this Section imposes upon a person licensed under this Act the responsibility for the performance of any of the foregoing functions unless such person specifically contracts to provide it.

(p) "Project representative" means the professional engineer's representative at the project site who assists in the administration of the construction contract.

(q) "Registered" means the same as "licensed" for purposes of this Act.

(r) "Related science curriculum" means a 4 year program of study, the satisfactory completion of which results in a Bachelor of Science degree, and which contains courses from such areas as life, earth, engineering and computer sciences, including but not limited to, physics and chemistry. In the study of these sciences, the objective is to acquire fundamental knowledge about the nature of its phenomena, including quantitative expression, appropriate to particular fields of engineering.

(s) "Rules" means those rules promulgated pursuant to this Act.

(t) "Seal" means the seal in compliance with Section 14 of this Act.

(u) "Site observation" is visitation of the construction site for the purpose of reviewing, as available, the quality and conformance of the work to the technical submissions as they relate to design.

(v) "Support design professional" means a professional engineer practicing in conformance with the Professional Engineering Practice Act of 1989, who provides services to the design professional who has contract responsibility.

(w) "Technical submissions" means designs, drawings, and specifications which establish the standard of quality for materials, workmanship, equipment, and the construction systems, studies, and other technical reports prepared in the course of a design professional's practice.

(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, eff. 6-28-01; 92-145, eff. 1-1-02.)

(225 ILCS 315/5 rep.)

Section 15. The Illinois Landscape Architecture Act of 1989 is amended by repealing Section 5.

Section 20. The Regulatory Sunset Act is amended by changing Section 4.20 as follows:

(5 ILCS 80/4.20)

Sec. 4.20. Acts repealed on January 1, 2010 and December 31, 2010.

(a) The following Acts are repealed on January 1, 2010:

The Auction License Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Landscape Architecture Act of 1989.

The Illinois Professional Land Surveyor Act of 1989.

The Land Sales Registration Act of 1999.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist Practice Act.

The Professional Engineering Practice Act of 1989.

The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(b) The following Act is repealed on December 31, 2010:

The Medical Practice Act of 1987.

(Source: P.A. 95-1018, eff. 12-18-08.)

Section 25. The Regulatory Sunset Act is amended by adding Section 4.30 as follows:

(5 ILCS 80/4.30 new)

Sec. 4.30. Act repealed on January 1, 2020. The following Act is repealed on January 1, 2020:

The Illinois Landscape Architecture Act of 1989.

Section 99. Effective date. This Act takes effect December 31, 2009.