SB0638sam001 98TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 2/28/2014

09800SB0638sam001 LRB098 04412 ZMM 56026 a

AMENDMENT TO SENATE BILL 638

AMENDMENT NO. ______. Amend Senate Bill 638 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Architecture Practice Act of 1989 is amended by changing Section 19 and by adding Section 19.5 as follows:

(225 ILCS 305/19) (from Ch. 111, par. 1319)

(Section scheduled to be repealed on January 1, 2020)

Sec. 19. Fees.

(a) The Department shall provide by rule for a schedule of fees to be paid for licenses by all applicants. All fees are not refundable.

(b) The fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration, shall be set by rule by the Department.

All of the fees and fines collected pursuant to this Section shall be deposited equally into in the Design Professionals Administration and Investigation Fund and the Design Professionals Dedicated Fund. Of the moneys deposited into the Design Professionals Administration and Investigation Fund, the Department may use such funds as necessary and available to produce and distribute newsletters to persons licensed under this Act. The Department shall use all moneys deposited into the Design Professionals Dedicated Fund to provide financial assistance for qualified applicants pursuant to Section 19.5 of this Act.

Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)

(225 ILCS 305/19.5 new)

Sec. 19.5. Design Professionals Dedicated Fund; financial assistance for applicants. The Design Professionals Dedicated Fund is created as a special fund in the State treasury. The moneys in this fund shall be used by the Department, subject to appropriation, to provide qualified applicants for licensure with financial assistance in connection with the required examination fees under this Act. The fund shall be financed by the amounts collected from the fees and fines imposed under Section 19 of this Act. At no time shall the Department permit the fund to have a negative balance. An applicant for licensure is eligible to receive and may apply for financial assistance under this Section if he or she: (i) has been a resident of Illinois for at least one year prior to application and is a citizen or lawful permanent resident alien of the United States; (ii) is qualified to take the examinations for licensure required by this Act; (iii) is employed by a public sector or non-profit entity, including as a teacher; and (iv) is able to demonstrate the need for financial assistance based on his or her federal Student Aid Report.

Section 10. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Design Professionals Dedicated Fund.".