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91_HB2645eng HB2645 Engrossed 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 The following Acts are repealed December 31, 8 1999: 9 The Fire Equipment Distributor and Employee Regulation 10 Act. 11 The Professional Engineering Practice Act of 1989. 12 The Structural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. 14The 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 Act repealed on January 1, 2010. The 22 following Act is repealed January 1, 2010: 23 The Illinois Landscape Architecture Act of 1989. 24 Section 10.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 HB2645 Engrossed -2- LRB9101211ACpc 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;24provided, that the initial appointments shall be as follows:25one member for a term of one year; 2 members for 2 years; and262 members for 3 years, and until their successors are27appointed and qualified. Except for initial appointments, no28member shall be reappointed to the Board for a term which 29 would cause that member's cumulative service on the Board to 30 be longer than 10 years. No member who is an initial 31 appointment to the Board shall be reappointed to the Board 32 for a term which would cause that member's cumulative service 33 on the Board to be longer than 13 years. Appointments to HB2645 Engrossed -3- LRB9101211ACpc 1 fill vacancies shall be made in the same manner as original 2 appointments for the unexpired portion of the vacated term. 3 Initial terms shall begin upon the effective date of this 4 Act. 5 (c) The Director may remove any member of the Board for 6 cause, which may include without limitation a member who does 7 not attend 2 consecutive meetings. 8 (d) The Director shall consider the recommendations of 9 the Board on questions involving standards of professional 10 conduct, discipline, and qualifications of candidates and 11 registrants under this Act. 12 (e) A quorum of the Board shall consist of a majority of 13 members currently appointed. A majority vote of the quorum 14 is required for board decisions. 15 (f) The board shall annually elect a chairperson and 16 vice chairperson, both of whom shall be licensed landscape 17 architects. 18 (Source: P.A. 86-932.) 19 (225 ILCS 315/11) (from Ch. 111, par. 8111) 20 Sec. 11.InitialRegistration 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 forinitialregistration 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 HB2645 Engrossed -4- LRB9101211ACpc 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 HB2645 Engrossed -5- LRB9101211ACpc 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 fees25are not refundable:26(a) Registration fees:27(1) The fee for application for a certificate of28registration is $100.29(2) Applicants for an examination shall be required to30pay, either to the Department or the designated testing31service, a fee covering the cost of providing the examination32on the scheduled date, at the time and place specified.33Failure to appear for the examination on the scheduled date,HB2645 Engrossed -6- LRB9101211ACpc 1at the time and place specified, shall result in the2forfeiture of the examination fee and denial of the3application.4(3) The fee for a certificate of registration for a5landscape architect qualified under the provisions of6subsection (b) of Section 11 herein is $100.7(4) The fee for the renewal of a certificate of8registration shall be calculated at the rate of $100 per9year.10(5) The fee for the restoration of a certificate of11registration is $40, plus payment of all lapsed renewal fees.12(b) General fees:13(1) The fee for the issuance of a duplicate certificate14of registration is $20.15(2) The fee for a certification of a registrant's record16issued for any purpose is $20.17(3) The fee to have the scoring of an examination18administered by the Department reviewed and verified is $20.19(4) The fee for a wall certificate showing registration20shall be the actual cost of producing such certificate.21(5) The fee for rosters as defined in Section 16 shall22be 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 DedicatedLandscape Architects'28Administration and InvestigationFund. 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 HB2645 Engrossed -7- LRB9101211ACpc 1 Investigation Fund may be paid out of the General Professions 2 Dedicated Fund. 3 The monies deposited in the General Professions Dedicated 4Landscape Architects' Administration and InvestigationFund 5 may be usedshall be appropriated to the Departmentfor 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 HB2645 Engrossed -8- LRB9101211ACpc 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 HB2645 Engrossed -9- LRB9101211ACpc 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 HB2645 Engrossed -10- LRB9101211ACpc 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 registered under 7 this Act or who has applied for registration pursuant to this 8 Act to submit to a mental or physical examination, or both, 9 as required by and at the expense of the Department. The 10 examining physicians shall be those specifically designated 11 by the Board. The Board or the Department may order the 12 examining physician to present testimony concerning this 13 mental or physical examination of the registrant or 14 applicant. No information shall be excluded by reason of any 15 common law or statutory privilege relating to communications 16 between the registrant or applicant and the examining 17 physician. The person to be examined may have, at his or her 18 own expense, another physician of his or her choice present 19 during all aspects of the examination. Failure of any person 20 to submit to a mental or physical examination when directed 21 shall be grounds for suspension of a registration until the 22 person submits to the examination if the Board finds, after 23 notice and hearing, that the refusal to submit to the 24 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 registration; or, in lieu of care, counseling, or 31 treatment, the Board may recommend that the Department file a 32 complaint to immediately suspend, revoke, or otherwise 33 discipline the registration of the person. Any person whose 34 registration was granted, continued, reinstated, renewed, HB2645 Engrossed -11- LRB9101211ACpc 1 disciplined, or supervised subject to such terms, conditions, 2 or restrictions and who fails to comply with such terms, 3 conditions, or restrictions shall be referred to the Director 4 for a determination as to whether the person shall have his 5 or her registration suspended immediately, pending a hearing 6 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.