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91_SB0125sam001
LRB9102227ACcdam
1 AMENDMENT TO SENATE BILL 125
2 AMENDMENT NO. . Amend Senate Bill 125 by replacing
3 the title with the following:
4 "AN ACT in relation to landscape architecture."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Regulatory Sunset Act is amended by
8 changing Section 4.10 and adding Section 4.20 as follows:
9 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
10 Sec. 4.10. The following Acts are repealed December 31,
11 1999:
12 The Fire Equipment Distributor and Employee Regulation
13 Act.
14 The Professional Engineering Practice Act of 1989.
15 The Structural Engineering Licensing Act of 1989.
16 The Illinois Architecture Practice Act of 1989.
17 The Illinois Landscape Architecture Act of 1989.
18 The Illinois Professional Land Surveyor Act of 1989.
19 The Land Sales Registration Act of 1989.
20 The Real Estate License Act of 1983.
21 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
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1 86-1007; 86-1028.)
2 (5 ILCS 80/4.20 new)
3 Sec. 4.20. Act repealed on January 1, 2010. The
4 following Act is repealed January 1, 2010:
5 The Illinois Landscape Architecture Act of 1989.
6 Section 10. The Illinois Landscape Architecture Act of
7 1989 is amended by changing Sections 7, 9, 11, 14, 15, and
8 18.1 as follows:
9 (225 ILCS 315/7) (from Ch. 111, par. 8107)
10 Sec. 7. Current Address. Every landscape architect
11 shall maintain a current address with the Department. It
12 shall be the responsibility of the registrant to notify the
13 Department in writing of any change of address.
14 (Source: P.A. 86-932.)
15 (225 ILCS 315/9) (from Ch. 111, par. 8109)
16 Sec. 9. Composition, qualification, and terms of Board.
17 (a) The Director shall appoint a Board consisting of 5
18 persons who are residents of the State of Illinois and who
19 shall be appointed by and shall serve in an advisory capacity
20 to the Director. Four persons shall be individuals
21 experienced in landscape architectural work who would qualify
22 upon application to the Department under the provisions of
23 this Act to be registered landscape architects, one of whom
24 shall be tenured member of the landscape architecture faculty
25 of the University of Illinois and 3 of whom shall have
26 engaged in landscape architectural work for at least 5 years.
27 The fifth person shall be a public member, not an employee of
28 the State of Illinois, who is not registered under this Act
29 or a similar Act of another jurisdiction. The public member
30 may not be elected or appointed as chairman of the Board or
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1 serve in such capacity in any other manner.
2 (b) Members of the Board shall serve 5 year terms and
3 until their successors are appointed and qualified. No ;
4 provided, that the initial appointments shall be as follows:
5 one member for a term of one year; 2 members for 2 years; and
6 2 members for 3 years, and until their successors are
7 appointed and qualified. Except for initial appointments, no
8 Initial Registration Qualifications.
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1 (a) Every person applying to the Department for
2 registration shall do so on forms approved by the Department
3 and shall pay the required fee. Every person applying to the
4 Department for initial registration shall submit, with his
5 application, satisfactory evidence that the person holds an
6 approved professional degree in landscape architecture from
7 an approved and accredited program, as such terms are defined
8 by the rules and regulations of the Department, and that he
9 has had such practical experience in landscape architectural
10 work as shall be required by the rules and regulations of the
11 Department. In lieu of evidence of any approved professional
12 degree in landscape architecture, the applicant may submit
13 satisfactory evidence of such other education or experience
14 as shall be required by the rules and regulations of the
15 Department; provided, however, that after January 1, 1993
16 every applicant for initial registration must have an
17 approved professional degree. If an applicant is qualified
18 the Department shall, by means of a written examination,
19 examine the applicant on such technical and professional
20 subjects as shall be required by the rules and regulations of
21 the Department.
22 (b) The Department may exempt from such written
23 examination an applicant who holds a certificate of
24 qualification issued by the National Council of Landscape
25 Architecture Registration Boards, or who holds a registration
26 in another state which has equivalent or substantially
27 equivalent requirements as the State of Illinois.
28 (c) The Department shall adopt rules determining
29 requirements for practical training and education. The
30 Department may also adopt the examinations and recommended
31 grading procedures of the National Council of Landscape
32 Architectural Registration Boards and the accreditation
33 procedures of the Landscape Architectural Accrediting Board.
34 The Department shall issue a certificate of registration to
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1 each applicant who satisfies the requirements set forth in
2 this Section. Such registration shall be effective upon
3 issuance.
4 (d) If an applicant neglects, fails without an approved
5 excuse, or refuses to take an examination or fails to pass an
6 examination to obtain a certificate of registration under
7 this Act within 3 years after filing the application, the
8 application shall be denied. However, such applicant may
9 thereafter submit a new application accompanied by the
10 required fee.
11 (e) Any person who has been engaged in the practice of
12 landscape architecture prior to the effective date of this
13 Act, shall, upon application within 2 years from the
14 effective date of this Act and upon payment of the required
15 current registration fee and application fee, be issued
16 registration without examination upon furnishing to the
17 Department satisfactory proof that he was so engaged prior to
18 such date. The Director, through the Board, shall accept as
19 satisfactory evidence of the competency and qualifications of
20 the applicant for registration the following:
21 (1) A diploma of graduation or satisfactory completion
22 certificate from a college, school, or university offering an
23 accredited program in landscape architecture, together with
24 evidence of at least 2 years of actual, practical experience
25 in landscape architectural work of a grade and character
26 acceptable to the Board; or
27 (2) Evidence that the applicant has a total of at least
28 7 years of actual, practical experience in landscape
29 architectural work of a grade and character acceptable to the
30 Board and has been actually engaged in the active practice of
31 landscape architecture for not less than 4 years immediately
32 prior to the effective date of this Act.
33 (Source: P.A. 86-932.)
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1 (225 ILCS 315/14) (from Ch. 111, par. 8114)
2 Sec. 14. Fees. The Department shall establish by rule a
3 schedule of fees for the administration and maintenance of
4 this Act. These fees are not refundable. The following fees
5 are not refundable:
6 (a) Registration fees:
7 (1) The fee for application for a certificate of
8 registration is $100.
9 (2) Applicants for an examination shall be required to
10 pay, either to the Department or the designated testing
11 service, a fee covering the cost of providing the examination
12 on the scheduled date, at the time and place specified.
13 Failure to appear for the examination on the scheduled date,
14 at the time and place specified, shall result in the
15 forfeiture of the examination fee and denial of the
16 application.
17 (3) The fee for a certificate of registration for a
18 landscape architect qualified under the provisions of
19 subsection (b) of Section 11 herein is $100.
20 (4) The fee for the renewal of a certificate of
21 registration shall be calculated at the rate of $100 per
22 year.
23 (5) The fee for the restoration of a certificate of
24 registration is $40, plus payment of all lapsed renewal fees.
25 (b) General fees:
26 (1) The fee for the issuance of a duplicate certificate
27 of registration is $20.
28 (2) The fee for a certification of a registrant's record
29 issued for any purpose is $20.
30 (3) The fee to have the scoring of an examination
31 administered by the Department reviewed and verified is $20.
32 (4) The fee for a wall certificate showing registration
33 shall be the actual cost of producing such certificate.
34 (5) The fee for rosters as defined in Section 16 shall
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1 be the actual cost of producing such roster.
2 (Source: P.A. 86-932.)
3 (225 ILCS 315/15) (from Ch. 111, par. 8115)
4 Sec. 15. Disposition of funds. All of the fees
5 collected pursuant to this Act shall be deposited in the
6 General Professions Dedicated Landscape Architects'
7 Administration and Investigation Fund.
8 On January 1, 2000 the State Comptroller shall transfer
9 the balance of the monies in the Landscape Architects'
10 Administration and Investigation Fund into the General
11 Professions Dedicated Fund. Amounts appropriated for fiscal
12 year 2000 out of the Landscape Architects' Administration and
13 Investigation Fund may be paid out of the General Professions
14 Dedicated Fund.
15 The monies deposited in the General Professions Dedicated
16 Landscape Architects' Administration and Investigation Fund
17 may be used shall be appropriated to the Department for the
18 expenses of the Department in the administration of this Act.
19 Moneys from the Fund may also be used for direct and
20 allocable indirect costs related to the public purposes of
21 the Department of Professional Regulation. Moneys in the
22 Fund may be transferred to the Professions Indirect Cost Fund
23 as authorized by Section 61e of the Civil Administrative Code
24 of Illinois.
25 Money deposited in the Landscape Architects'
26 Administration and Investigation Fund pursuant to this
27 Section may be invested and reinvested, with all earnings
28 received from such investment to be deposited in the
29 Landscape Architects' Administration and Investigation Fund
30 and used for the same purposes as fees deposited in such
31 fund.
32 (Source: P.A. 89-204, eff. 1-1-96.)
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1 (225 ILCS 315/18.1)
2 Sec. 18.1. Grounds for Discipline.
3 (a) The Department may refuse to issue, renew, or may
4 revoke, suspend, place on probation, reprimand, or take other
5 disciplinary action as the Department considers appropriate,
6 including the issuance of fines not to exceed $1,000 for each
7 violation, with regard to any license for any one or more of
8 the following:
9 (1) Material misstatement in furnishing information
10 to the Department or to any other State agency.
11 (2) Negligent or intentional disregard of this Act,
12 or violation of any rules under this Act.
13 (3) Conviction of any crime under the laws of the
14 United States or any state or territory thereof that is a
15 felony, or that is a misdemeanor, an essential element of
16 which is dishonesty, or of any crime that is directly
17 related to the practice of the profession.
18 (4) Making any misrepresentation for the purpose of
19 obtaining a license, or violating any provision of this
20 Act or its rules.
21 (5) Professional incompetence or gross negligence
22 in the rendering of landscape architectural services.
23 (6) Aiding or assisting another person in violating
24 any provision of this Act or any rules.
25 (7) Failing to provide information within 60 days
26 in response to a written request made by the Department.
27 (8) Engaging in dishonorable, unethical, or
28 unprofessional conduct of a character likely to deceive,
29 defraud, or harm the public and violating the rules of
30 professional conduct adopted by the Department.
31 (9) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants, or any other chemical
33 agent or drug that results in an inability to practice
34 with reasonable skill, judgment, or safety.
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1 (10) Discipline by another jurisdiction, if at
2 least one of the grounds for the discipline is the same
3 or substantially equivalent to those set forth in this
4 Section.
5 (11) Directly or indirectly giving to or receiving
6 from any person, firm, corporation, partnership, or
7 association any fee, commission, rebate, or other form of
8 compensation for any professional service not actually
9 rendered.
10 (12) A finding by the Board that the licensee,
11 after having the license placed on probationary status,
12 has violated the terms of probation.
13 (12.5) A finding by the Board that the licensee has
14 failed to pay a fine imposed by the Department.
15 (13) Abandonment of a client.
16 (14) Willfully filing false reports relating to a
17 licensee's practice, including but not limited to, false
18 records filed with federal or State agencies or
19 departments.
20 (15) Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act, and
23 upon proof by clear and convincing evidence that the
24 licensee has caused a child to be an abused child or
25 neglected child as defined in the Abused and Neglected
26 Child Reporting Act.
27 (16) Physical or mental disability, including
28 deterioration through the aging process or loss of
29 abilities and skills that results in the inability to
30 practice the profession with reasonable judgment, skill,
31 or safety.
32 (17) Solicitation of professional services by using
33 false or misleading advertising.
34 (18) Failure to file a return, or to pay the tax,
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1 penalty, or interest shown in a filed return, or to pay
2 any final assessment of tax, penalty, or interest, as
3 required by any tax Act administered by the Illinois
4 Department of Revenue or any successor agency or the
5 Internal Revenue Service or any successor agency.
6 (b) Any fines imposed under this Section shall not
7 exceed $1,000 for each violation.
8 (c) The determination by a court that a licensee is
9 subject to involuntary admission or judicial admission as
10 provided in the Mental Health and Developmental Disabilities
11 Code will result in an automatic suspension of his or her
12 license. The suspension will end upon a finding by a court
13 that the licensee is no longer subject to involuntary
14 admission or judicial admission, the issuance of an order so
15 finding and discharging the patient, and the recommendation
16 of the Board to the Director that the licensee be allowed to
17 resume professional practice.
18 (d) In enforcing this Section, the Board, upon a showing
19 of a possible violation, may compel a person registered under
20 this Act or who has applied for registration pursuant to this
21 Act to submit to a mental or physical examination, or both,
22 as required by and at the expense of the Department. The
23 examining physicians shall be those specifically designated
24 by the Board. The Board or the Department may order the
25 examining physician to present testimony concerning this
26 mental or physical examination of the registrant or
27 applicant. No information shall be excluded by reason of any
28 common law or statutory privilege relating to communications
29 between the registrant or applicant and the examining
30 physician. The person to be examined may have, at his or her
31 own expense, another physician of his or her choice present
32 during all aspects of the examination. Failure of any person
33 to submit to a mental or physical examination when directed
34 shall be grounds for suspension of a registration until the
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1 person submits to the examination if the Board finds, after
2 notice and hearing, that the refusal to submit to the
3 examination was without reasonable cause.
4 If the Board finds a person unable to practice because of
5 the reasons set forth in this Section, the Board may require
6 that person to submit to care, counseling, or treatment by
7 physicians approved or designated by the Board as a
8 condition, term, or restriction for continued, reinstated, or
9 renewed registration; or, in lieu of care, counseling, or
10 treatment, the Board may recommend that the Department file a
11 complaint to immediately suspend, revoke, or otherwise
12 discipline the registration of the person. Any person whose
13 registration was granted, continued, reinstated, renewed,
14 disciplined, or supervised subject to such terms, conditions,
15 or restrictions and who fails to comply with such terms,
16 conditions, or restrictions shall be referred to the Director
17 for a determination as to whether the person shall have his
18 or her registration suspended immediately, pending a hearing
19 by the Board.
20 (Source: P.A. 88-363.)
21 (30 ILCS 105/5.278 rep.)
22 Section 15. The State Finance Act is amended by
23 repealing Section 5.278.
24 Section 99. Effective date. This Act takes effect on
25 December 30, 1999, except that Section 15 takes effect
26 January 2, 2000.".