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91_HB2645
LRB9101211ACpc
1 AN ACT in relation to landscape architecture.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.10 and adding Section 4.20 as follows:
6 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
7 Sec. 4.10. The following Acts are repealed December 31,
8 1999:
9 The Fire Equipment Distributor and Employee Regulation
10 Act.
11 The Professional Engineering Practice Act of 1989.
12 The Structural Engineering Licensing Act of 1989.
13 The Illinois Architecture Practice Act of 1989.
14 The Illinois Landscape Architecture Act of 1989.
15 The Illinois Professional Land Surveyor Act of 1989.
16 The Land Sales Registration Act of 1989.
17 The Real Estate License Act of 1983.
18 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
19 86-1007; 86-1028.)
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed on January 1, 2010. The
22 following Act is repealed January 1, 2010:
23 The Illinois Landscape Architecture Act of 1989.
24 Section 10. The Illinois Landscape Architecture Act of
25 1989 is amended by changing Sections 7, 9, 11, 14, 15, and
26 18.1 as follows:
27 (225 ILCS 315/7) (from Ch. 111, par. 8107)
28 Sec. 7. Current Address. Every landscape architect
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1 shall maintain a current address with the Department. It
2 shall be the responsibility of the registrant to notify the
3 Department in writing of any change of address.
4 (Source: P.A. 86-932.)
5 (225 ILCS 315/9) (from Ch. 111, par. 8109)
6 Sec. 9. Composition, qualification, and terms of Board.
7 (a) The Director shall appoint a Board consisting of 5
8 persons who are residents of the State of Illinois and who
9 shall be appointed by and shall serve in an advisory capacity
10 to the Director. Four persons shall be individuals
11 experienced in landscape architectural work who would qualify
12 upon application to the Department under the provisions of
13 this Act to be registered landscape architects, one of whom
14 shall be tenured member of the landscape architecture faculty
15 of the University of Illinois and 3 of whom shall have
16 engaged in landscape architectural work for at least 5 years.
17 The fifth person shall be a public member, not an employee of
18 the State of Illinois, who is not registered under this Act
19 or a similar Act of another jurisdiction. The public member
20 may not be elected or appointed as chairman of the Board or
21 serve in such capacity in any other manner.
22 (b) Members of the Board shall serve 5 year terms and
23 until their successors are appointed and qualified. No ;
24 provided, that the initial appointments shall be as follows:
25 one member for a term of one year; 2 members for 2 years; and
26 2 members for 3 years, and until their successors are
27 appointed and qualified. Except for initial appointments, no
28 Initial Registration Qualifications.
21 (a) Every person applying to the Department for
22 registration shall do so on forms approved by the Department
23 and shall pay the required fee. Every person applying to the
24 Department for initial registration shall submit, with his
25 application, satisfactory evidence that the person holds an
26 approved professional degree in landscape architecture from
27 an approved and accredited program, as such terms are defined
28 by the rules and regulations of the Department, and that he
29 has had such practical experience in landscape architectural
30 work as shall be required by the rules and regulations of the
31 Department. In lieu of evidence of any approved professional
32 degree in landscape architecture, the applicant may submit
33 satisfactory evidence of such other education or experience
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1 as shall be required by the rules and regulations of the
2 Department; provided, however, that after January 1, 1993
3 every applicant for initial registration must have an
4 approved professional degree. If an applicant is qualified
5 the Department shall, by means of a written examination,
6 examine the applicant on such technical and professional
7 subjects as shall be required by the rules and regulations of
8 the Department.
9 (b) The Department may exempt from such written
10 examination an applicant who holds a certificate of
11 qualification issued by the National Council of Landscape
12 Architecture Registration Boards, or who holds a registration
13 in another state which has equivalent or substantially
14 equivalent requirements as the State of Illinois.
15 (c) The Department shall adopt rules determining
16 requirements for practical training and education. The
17 Department may also adopt the examinations and recommended
18 grading procedures of the National Council of Landscape
19 Architectural Registration Boards and the accreditation
20 procedures of the Landscape Architectural Accrediting Board.
21 The Department shall issue a certificate of registration to
22 each applicant who satisfies the requirements set forth in
23 this Section. Such registration shall be effective upon
24 issuance.
25 (d) If an applicant neglects, fails without an approved
26 excuse, or refuses to take an examination or fails to pass an
27 examination to obtain a certificate of registration under
28 this Act within 3 years after filing the application, the
29 application shall be denied. However, such applicant may
30 thereafter submit a new application accompanied by the
31 required fee.
32 (e) Any person who has been engaged in the practice of
33 landscape architecture prior to the effective date of this
34 Act, shall, upon application within 2 years from the
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1 effective date of this Act and upon payment of the required
2 current registration fee and application fee, be issued
3 registration without examination upon furnishing to the
4 Department satisfactory proof that he was so engaged prior to
5 such date. The Director, through the Board, shall accept as
6 satisfactory evidence of the competency and qualifications of
7 the applicant for registration the following:
8 (1) A diploma of graduation or satisfactory completion
9 certificate from a college, school, or university offering an
10 accredited program in landscape architecture, together with
11 evidence of at least 2 years of actual, practical experience
12 in landscape architectural work of a grade and character
13 acceptable to the Board; or
14 (2) Evidence that the applicant has a total of at least
15 7 years of actual, practical experience in landscape
16 architectural work of a grade and character acceptable to the
17 Board and has been actually engaged in the active practice of
18 landscape architecture for not less than 4 years immediately
19 prior to the effective date of this Act.
20 (Source: P.A. 86-932.)
21 (225 ILCS 315/14) (from Ch. 111, par. 8114)
22 Sec. 14. Fees. The Department shall establish by rule a
23 schedule of fees for the administration and maintenance of
24 this Act. These fees are not refundable. The following fees
25 are not refundable:
26 (a) Registration fees:
27 (1) The fee for application for a certificate of
28 registration is $100.
29 (2) Applicants for an examination shall be required to
30 pay, either to the Department or the designated testing
31 service, a fee covering the cost of providing the examination
32 on the scheduled date, at the time and place specified.
33 Failure to appear for the examination on the scheduled date,
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1 at the time and place specified, shall result in the
2 forfeiture of the examination fee and denial of the
3 application.
4 (3) The fee for a certificate of registration for a
5 landscape architect qualified under the provisions of
6 subsection (b) of Section 11 herein is $100.
7 (4) The fee for the renewal of a certificate of
8 registration shall be calculated at the rate of $100 per
9 year.
10 (5) The fee for the restoration of a certificate of
11 registration is $40, plus payment of all lapsed renewal fees.
12 (b) General fees:
13 (1) The fee for the issuance of a duplicate certificate
14 of registration is $20.
15 (2) The fee for a certification of a registrant's record
16 issued for any purpose is $20.
17 (3) The fee to have the scoring of an examination
18 administered by the Department reviewed and verified is $20.
19 (4) The fee for a wall certificate showing registration
20 shall be the actual cost of producing such certificate.
21 (5) The fee for rosters as defined in Section 16 shall
22 be the actual cost of producing such roster.
23 (Source: P.A. 86-932.)
24 (225 ILCS 315/15) (from Ch. 111, par. 8115)
25 Sec. 15. Disposition of funds. All of the fees
26 collected pursuant to this Act shall be deposited in the
27 General Professions Dedicated Landscape Architects'
28 Administration and Investigation Fund.
29 On January 1, 2000 the State Comptroller shall transfer
30 the balance of the monies in the Landscape Architects'
31 Administration and Investigation Fund into the General
32 Professions Dedicated Fund. Amounts appropriated for fiscal
33 year 2000 out of the Landscape Architects' Administration and
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1 Investigation Fund may be paid out of the General Professions
2 Dedicated Fund.
3 The monies deposited in the General Professions Dedicated
4 Landscape Architects' Administration and Investigation Fund
5 may be used shall be appropriated to the Department for the
6 expenses of the Department in the administration of this Act.
7 Moneys from the Fund may also be used for direct and
8 allocable indirect costs related to the public purposes of
9 the Department of Professional Regulation. Moneys in the
10 Fund may be transferred to the Professions Indirect Cost Fund
11 as authorized by Section 61e of the Civil Administrative Code
12 of Illinois.
13 Money deposited in the Landscape Architects'
14 Administration and Investigation Fund pursuant to this
15 Section may be invested and reinvested, with all earnings
16 received from such investment to be deposited in the
17 Landscape Architects' Administration and Investigation Fund
18 and used for the same purposes as fees deposited in such
19 fund.
20 (Source: P.A. 89-204, eff. 1-1-96.)
21 (225 ILCS 315/18.1)
22 Sec. 18.1. Grounds for Discipline.
23 (a) The Department may refuse to issue, renew, or may
24 revoke, suspend, place on probation, reprimand, or take other
25 disciplinary action as the Department considers appropriate,
26 including the issuance of fines not to exceed $1,000 for each
27 violation, with regard to any license for any one or more of
28 the following:
29 (1) Material misstatement in furnishing information
30 to the Department or to any other State agency.
31 (2) Negligent or intentional disregard of this Act,
32 or violation of any rules under this Act.
33 (3) Conviction of any crime under the laws of the
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1 United States or any state or territory thereof that is a
2 felony, or that is a misdemeanor, an essential element of
3 which is dishonesty, or of any crime that is directly
4 related to the practice of the profession.
5 (4) Making any misrepresentation for the purpose of
6 obtaining a license, or violating any provision of this
7 Act or its rules.
8 (5) Professional incompetence or gross negligence
9 in the rendering of landscape architectural services.
10 (6) Aiding or assisting another person in violating
11 any provision of this Act or any rules.
12 (7) Failing to provide information within 60 days
13 in response to a written request made by the Department.
14 (8) Engaging in dishonorable, unethical, or
15 unprofessional conduct of a character likely to deceive,
16 defraud, or harm the public and violating the rules of
17 professional conduct adopted by the Department.
18 (9) Habitual or excessive use or addiction to
19 alcohol, narcotics, stimulants, or any other chemical
20 agent or drug that results in an inability to practice
21 with reasonable skill, judgment, or safety.
22 (10) Discipline by another jurisdiction, if at
23 least one of the grounds for the discipline is the same
24 or substantially equivalent to those set forth in this
25 Section.
26 (11) Directly or indirectly giving to or receiving
27 from any person, firm, corporation, partnership, or
28 association any fee, commission, rebate, or other form of
29 compensation for any professional service not actually
30 rendered.
31 (12) A finding by the Board that the licensee,
32 after having the license placed on probationary status,
33 has violated the terms of probation.
34 (12.5) A finding by the Board that the licensee has
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1 failed to pay a fine imposed by the Department.
2 (13) Abandonment of a client.
3 (14) Willfully filing false reports relating to a
4 licensee's practice, including but not limited to, false
5 records filed with federal or State agencies or
6 departments.
7 (15) Being named as a perpetrator in an indicated
8 report by the Department of Children and Family Services
9 under the Abused and Neglected Child Reporting Act, and
10 upon proof by clear and convincing evidence that the
11 licensee has caused a child to be an abused child or
12 neglected child as defined in the Abused and Neglected
13 Child Reporting Act.
14 (16) Physical or mental disability, including
15 deterioration through the aging process or loss of
16 abilities and skills that results in the inability to
17 practice the profession with reasonable judgment, skill,
18 or safety.
19 (17) Solicitation of professional services by using
20 false or misleading advertising.
21 (18) Failure to file a return, or to pay the tax,
22 penalty, or interest shown in a filed return, or to pay
23 any final assessment of tax, penalty, or interest, as
24 required by any tax Act administered by the Illinois
25 Department of Revenue or any successor agency or the
26 Internal Revenue Service or any successor agency.
27 (b) Any fines imposed under this Section shall not
28 exceed $1,000 for each violation.
29 (c) The determination by a court that a licensee is
30 subject to involuntary admission or judicial admission as
31 provided in the Mental Health and Developmental Disabilities
32 Code will result in an automatic suspension of his or her
33 license. The suspension will end upon a finding by a court
34 that the licensee is no longer subject to involuntary
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1 admission or judicial admission, the issuance of an order so
2 finding and discharging the patient, and the recommendation
3 of the Board to the Director that the licensee be allowed to
4 resume professional practice.
5 (d) In enforcing this Section, the Board, upon a showing
6 of a possible violation, may compel a person licensed to
7 practice under this Act or who has applied for licensure or
8 certification pursuant to this Act to submit to a mental or
9 physical examination, or both, as required by and at the
10 expense of the Department. The examining physicians shall be
11 those specifically designated by the Board. The Board or the
12 Department may order the examining physician to present
13 testimony concerning this mental or physical examination of
14 the licensee or applicant. No information shall be excluded
15 by reason of any common law or statutory privilege relating
16 to communications between the licensee or applicant and the
17 examining physician. The person to be examined may have, at
18 his or her own expense, another physician of his or her
19 choice present during all aspects of the examination.
20 Failure of any person to submit to a mental or physical
21 examination when directed shall be grounds for suspension of
22 a license until the person submits to the examination if the
23 Board finds, after notice and hearing, that the refusal to
24 submit to the examination was without reasonable cause.
25 If the Board finds a person unable to practice because of
26 the reasons set forth in this Section, the Board may require
27 that person to submit to care, counseling, or treatment by
28 physicians approved or designated by the Board as a
29 condition, term, or restriction for continued, reinstated, or
30 renewed licensure to practice; or, in lieu of care,
31 counseling, or treatment, the Board may recommend that the
32 Department file a complaint to immediately suspend, revoke,
33 or otherwise discipline the license of the person. Any
34 person whose license was granted, continued, reinstated,
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1 renewed, disciplined, or supervised subject to such terms,
2 conditions, or restrictions and who fails to comply with such
3 terms, conditions, or restrictions shall be referred to the
4 Director for a determination as to whether the person shall
5 have his or her license suspended immediately, pending a
6 hearing by the Board.
7 (Source: P.A. 88-363.)
8 (30 ILCS 105/5.278 rep.)
9 Section 15. The State Finance Act is amended by
10 repealing Section 5.278.
11 Section 99. Effective date. This Act takes effect on
12 December 30, 1999, except that Section 15 takes effect
13 January 2, 2000.