State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


HB2645 Enrolled                                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  The following Acts are repealed December  31,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  Act  repealed  on  January  1,  2010.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22    following Act is repealed January 1, 2010: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     member 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
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 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.  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
HB2645 Enrolled            -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  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,
HB2645 Enrolled            -6-                 LRB9101211ACpc
 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
HB2645 Enrolled            -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
 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
HB2645 Enrolled            -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,
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 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.

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