State of Illinois
91st General Assembly
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Public Act 91-0255

HB2645 Enrolled                                LRB9101211ACpc

    AN ACT in relation to landscape architecture.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Regulatory  Sunset  Act  is amended by
changing Section 4.10 and adding Section 4.20 as follows:

    (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
    Sec. 4.10.  The following Acts are repealed December  31,
1999:
    The  Fire  Equipment  Distributor and Employee Regulation
Act.
    The Professional Engineering Practice Act of 1989.
    The Structural Engineering Licensing Act of 1989.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Land Sales Registration Act of 1989.
    The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)

    (5 ILCS 80/4.20 new)
    Sec.  4.20.  Act  repealed  on  January  1,  2010.    The
following Act is repealed January 1, 2010:
    The Illinois Landscape Architecture Act of 1989.

    Section  10.   The Illinois Landscape Architecture Act of
1989 is amended by changing Sections 7, 9, 11,  14,  15,  and
18.1 as follows:

    (225 ILCS 315/7) (from Ch. 111, par. 8107)
    Sec.  7.   Current  Address.   Every  landscape architect
shall maintain a current  address  with  the  Department.  It
shall  be  the responsibility of the registrant to notify the
Department in writing of any change of address.
(Source: P.A. 86-932.)

    (225 ILCS 315/9) (from Ch. 111, par. 8109)
    Sec. 9.  Composition, qualification, and terms of  Board.
(a)  The  Director  shall  appoint  a  Board  consisting of 5
persons who are residents of the State of  Illinois  and  who
shall be appointed by and shall serve in an advisory capacity
to   the   Director.    Four  persons  shall  be  individuals
experienced in landscape architectural work who would qualify
upon application to the Department under  the  provisions  of
this  Act  to be registered landscape architects, one of whom
shall be tenured member of the landscape architecture faculty
of the University of  Illinois  and  3  of  whom  shall  have
engaged in landscape architectural work for at least 5 years.
The fifth person shall be a public member, not an employee of
the  State  of Illinois, who is not registered under this Act
or a similar Act of another jurisdiction.  The public  member
may  not  be elected or appointed as chairman of the Board or
serve in such capacity in any other manner.
    (b)  Members of the Board shall serve 5  year  terms  and
until  their  successors  are  appointed  and qualified.  No;
provided, that the initial appointments shall be as  follows:
one member for a term of one year; 2 members for 2 years; and
2  members  for  3  years,  and  until  their  successors are
appointed and qualified.  Except for initial appointments, no
member shall be reappointed to the Board  for  a  term  which
would  cause that member's cumulative service on the Board to
be longer than 10 years.     No  member  who  is  an  initial
appointment  to  the  Board shall be reappointed to the Board
for a term which would cause that member's cumulative service
on the Board to be longer than  13  years.   Appointments  to
fill  vacancies  shall be made in the same manner as original
appointments for the unexpired portion of the  vacated  term.
Initial  terms  shall  begin  upon the effective date of this
Act.
    (c)  The Director may remove any member of the Board  for
cause, which may include without limitation a member who does
not attend 2 consecutive meetings.
    (d)  The  Director  shall consider the recommendations of
the Board on questions involving  standards  of  professional
conduct,  discipline,  and  qualifications  of candidates and
registrants under this Act.
    (e)  A quorum of the Board shall consist of a majority of
members currently appointed.  A majority vote of  the  quorum
is required for board decisions.
    (f)  The  board  shall  annually  elect a chairperson and
vice chairperson, both of whom shall  be  licensed  landscape
architects.
(Source: P.A. 86-932.)

    (225 ILCS 315/11) (from Ch. 111, par. 8111)
    Sec. 11.  Initial Registration Qualifications.
    (a)  Every   person   applying   to  the  Department  for
registration shall do so on forms approved by the  Department
and shall pay the required fee.  Every person applying to the
Department  for  initial  registration shall submit, with his
application, satisfactory evidence that the person  holds  an
approved  professional  degree in landscape architecture from
an approved and accredited program, as such terms are defined
by the rules and regulations of the Department, and  that  he
has  had such practical experience in landscape architectural
work as shall be required by the rules and regulations of the
Department.  In lieu of evidence of any approved professional
degree in landscape architecture, the  applicant  may  submit
satisfactory  evidence  of such other education or experience
as shall be required by the  rules  and  regulations  of  the
Department;  provided,  however,  that  after January 1, 1993
every  applicant  for  initial  registration  must  have   an
approved  professional  degree.  If an applicant is qualified
the Department shall, by  means  of  a  written  examination,
examine  the  applicant  on  such  technical and professional
subjects as shall be required by the rules and regulations of
the Department.
    (b)  The  Department  may  exempt   from   such   written
examination   an   applicant   who  holds  a  certificate  of
qualification issued by the  National  Council  of  Landscape
Architecture Registration Boards, or who holds a registration
in  another  state  which  has  equivalent  or  substantially
equivalent requirements as the State of Illinois.
    (c)  The   Department   shall   adopt  rules  determining
requirements  for  practical  training  and  education.   The
Department may also adopt the  examinations  and  recommended
grading  procedures  of  the  National  Council  of Landscape
Architectural  Registration  Boards  and  the   accreditation
procedures  of the Landscape Architectural Accrediting Board.
The Department shall issue a certificate of  registration  to
each  applicant  who  satisfies the requirements set forth in
this Section.  Such  registration  shall  be  effective  upon
issuance.
    (d)  If  an applicant neglects, fails without an approved
excuse, or refuses to take an examination or fails to pass an
examination to obtain a  certificate  of  registration  under
this  Act  within  3  years after filing the application, the
application shall be denied.   However,  such  applicant  may
thereafter  submit  a  new  application  accompanied  by  the
required fee.
    (e)  Any  person  who has been engaged in the practice of
landscape architecture prior to the effective  date  of  this
Act,   shall,  upon  application  within  2  years  from  the
effective date of this Act and upon payment of  the  required
current  registration  fee  and  application  fee,  be issued
registration  without  examination  upon  furnishing  to  the
Department satisfactory proof that he was so engaged prior to
such date.  The Director, through the Board, shall accept  as
satisfactory evidence of the competency and qualifications of
the applicant for registration the following:
    (1)  A  diploma  of graduation or satisfactory completion
certificate from a college, school, or university offering an
accredited program in landscape architecture,  together  with
evidence  of at least 2 years of actual, practical experience
in landscape architectural work  of  a  grade  and  character
acceptable to the Board; or
    (2)  Evidence  that the applicant has a total of at least
7  years  of  actual,  practical  experience   in   landscape
architectural work of a grade and character acceptable to the
Board and has been actually engaged in the active practice of
landscape  architecture for not less than 4 years immediately
prior to the effective date of this Act.
(Source: P.A. 86-932.)

    (225 ILCS 315/14) (from Ch. 111, par. 8114)
    Sec. 14.  Fees.  The Department shall establish by rule a
schedule of fees for the administration  and  maintenance  of
this  Act.  These fees are not refundable. The following fees
are not refundable:
    (a)  Registration fees:
    (1)  The  fee  for  application  for  a  certificate   of
registration is $100.
    (2)  Applicants  for  an examination shall be required to
pay, either to  the  Department  or  the  designated  testing
service, a fee covering the cost of providing the examination
on  the  scheduled  date,  at  the  time and place specified.
Failure to appear for the examination on the scheduled  date,

at  the  time  and  place  specified,  shall  result  in  the
forfeiture   of   the  examination  fee  and  denial  of  the
application.
    (3)  The fee for a  certificate  of  registration  for  a
landscape   architect   qualified  under  the  provisions  of
subsection (b) of Section 11 herein is $100.
    (4)  The  fee  for  the  renewal  of  a  certificate   of
registration  shall  be  calculated  at  the rate of $100 per
year.
    (5)  The fee for the  restoration  of  a  certificate  of
registration is $40, plus payment of all lapsed renewal fees.
    (b)  General fees:
    (1)  The  fee for the issuance of a duplicate certificate
of registration is $20.
    (2)  The fee for a certification of a registrant's record
issued for any purpose is $20.
    (3)  The fee  to  have  the  scoring  of  an  examination
administered by the Department reviewed and verified is $20.
    (4)  The  fee for a wall certificate showing registration
shall be the actual cost of producing such certificate.
    (5)  The fee for rosters as defined in Section  16  shall
be the actual cost of producing such roster.
(Source: P.A. 86-932.)

    (225 ILCS 315/15) (from Ch. 111, par. 8115)
    Sec.  15.   Disposition  of  funds.    All  of  the  fees
collected  pursuant  to  this  Act  shall be deposited in the
General   Professions   Dedicated    Landscape    Architects'
Administration and Investigation Fund.
    On  January  1, 2000 the State Comptroller shall transfer
the balance  of  the  monies  in  the  Landscape  Architects'
Administration   and  Investigation  Fund  into  the  General
Professions Dedicated Fund.  Amounts appropriated for  fiscal
year 2000 out of the Landscape Architects' Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
    The monies deposited in the General Professions Dedicated
Landscape  Architects'  Administration and Investigation Fund
may be used shall be appropriated to the Department  for  the
expenses of the Department in the administration of this Act.
    Moneys  from  the  Fund  may  also be used for direct and
allocable indirect costs related to the  public  purposes  of
the  Department  of  Professional  Regulation.  Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
    Money   deposited   in    the    Landscape    Architects'
Administration   and  Investigation  Fund  pursuant  to  this
Section may be invested and  reinvested,  with  all  earnings
received   from  such  investment  to  be  deposited  in  the
Landscape Architects' Administration and  Investigation  Fund
and  used  for  the  same  purposes as fees deposited in such
fund.
(Source: P.A. 89-204, eff. 1-1-96.)

    (225 ILCS 315/18.1)
    Sec. 18.1.  Grounds for Discipline.
    (a)  The Department may refuse to issue,  renew,  or  may
revoke, suspend, place on probation, reprimand, or take other
disciplinary  action as the Department considers appropriate,
including the issuance of fines not to exceed $1,000 for each
violation, with regard to any license for any one or more  of
the following:
         (1)  Material misstatement in furnishing information
    to the Department or to any other State agency.
         (2)  Negligent or intentional disregard of this Act,
    or violation of any rules under this Act.
         (3)  Conviction  of  any crime under the laws of the
    United States or any state or territory thereof that is a
    felony, or that is a misdemeanor, an essential element of
    which is dishonesty, or of any  crime  that  is  directly
    related to the practice of the profession.
         (4)  Making any misrepresentation for the purpose of
    obtaining  a  license, or violating any provision of this
    Act or its rules.
         (5)  Professional incompetence or  gross  negligence
    in the rendering of landscape architectural services.
         (6)  Aiding or assisting another person in violating
    any provision of this Act or any rules.
         (7)  Failing  to  provide information within 60 days
    in response to a written request made by the Department.
         (8)  Engaging   in   dishonorable,   unethical,   or
    unprofessional conduct of a character likely to  deceive,
    defraud,  or  harm  the public and violating the rules of
    professional conduct adopted by the Department.
         (9)  Habitual  or  excessive  use  or  addiction  to
    alcohol, narcotics, stimulants,  or  any  other  chemical
    agent  or  drug  that results in an inability to practice
    with reasonable skill, judgment, or safety.
         (10)  Discipline  by  another  jurisdiction,  if  at
    least one of the grounds for the discipline is  the  same
    or  substantially  equivalent  to those set forth in this
    Section.
         (11)  Directly or indirectly giving to or  receiving
    from  any  person,  firm,  corporation,  partnership,  or
    association any fee, commission, rebate, or other form of
    compensation  for  any  professional service not actually
    rendered.
         (12)  A finding by  the  Board  that  the  licensee,
    after  having  the license placed on probationary status,
    has violated the terms of probation.
         (12.5)  A finding by the Board that the licensee has
    failed to pay a fine imposed by the Department.
         (13)  Abandonment of a client.
         (14)  Willfully filing false reports relating  to  a
    licensee's  practice, including but not limited to, false
    records  filed  with  federal  or   State   agencies   or
    departments.
         (15)  Being  named  as a perpetrator in an indicated
    report by the Department of Children and Family  Services
    under  the  Abused and Neglected Child Reporting Act, and
    upon proof by clear  and  convincing  evidence  that  the
    licensee  has  caused  a  child  to be an abused child or
    neglected child as defined in the  Abused  and  Neglected
    Child Reporting Act.
         (16)  Physical   or   mental  disability,  including
    deterioration  through  the  aging  process  or  loss  of
    abilities and skills that results  in  the  inability  to
    practice  the profession with reasonable judgment, skill,
    or safety.
         (17)  Solicitation of professional services by using
    false or misleading advertising.
         (18)  Failure to file a return, or to pay  the  tax,
    penalty,  or  interest shown in a filed return, or to pay
    any final assessment of tax,  penalty,  or  interest,  as
    required  by  any  tax  Act  administered by the Illinois
    Department of Revenue or  any  successor  agency  or  the
    Internal Revenue Service or any successor agency.
    (b)  Any  fines  imposed  under  this  Section  shall not
exceed $1,000 for each violation.
    (c)  The determination by a  court  that  a  licensee  is
subject  to  involuntary  admission  or judicial admission as
provided in the Mental Health and Developmental  Disabilities
Code  will  result  in  an automatic suspension of his or her
license.  The suspension will end upon a finding by  a  court
that  the  licensee  is  no  longer  subject  to  involuntary
admission  or judicial admission, the issuance of an order so
finding and discharging the patient, and  the  recommendation
of  the Board to the Director that the licensee be allowed to
resume professional practice.
    (d)  In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a person registered under
this Act or who has applied for registration pursuant to this
Act to submit to a mental or physical examination,  or  both,
as  required  by  and  at the expense of the Department.  The
examining physicians shall be those  specifically  designated
by  the  Board.   The  Board  or the Department may order the
examining physician  to  present  testimony  concerning  this
mental   or   physical   examination  of  the  registrant  or
applicant.  No information shall be excluded by reason of any
common law or statutory privilege relating to  communications
between   the  registrant  or  applicant  and  the  examining
physician.  The person to be examined may have, at his or her
own expense, another physician of his or her  choice  present
during all aspects of the examination.  Failure of any person
to  submit  to a mental or physical examination when directed
shall be grounds for suspension of a registration  until  the
person  submits  to the examination if the Board finds, after
notice and  hearing,  that  the  refusal  to  submit  to  the
examination was without reasonable cause.
    If the Board finds a person unable to practice because of
the  reasons set forth in this Section, the Board may require
that person to submit to care, counseling,  or  treatment  by
physicians   approved   or  designated  by  the  Board  as  a
condition, term, or restriction for continued, reinstated, or
renewed registration; or, in lieu  of  care,  counseling,  or
treatment, the Board may recommend that the Department file a
complaint   to  immediately  suspend,  revoke,  or  otherwise
discipline the registration of the person.  Any person  whose
registration  was  granted,  continued,  reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions and who fails  to  comply  with  such  terms,
conditions, or restrictions shall be referred to the Director
for  a  determination as to whether the person shall have his
or her registration suspended immediately, pending a  hearing
by the Board.
(Source: P.A. 88-363.)

    (30 ILCS 105/5.278 rep.)
    Section   15.  The   State  Finance  Act  is  amended  by
repealing Section 5.278.

    Section 99.  Effective date.  This Act  takes  effect  on
December  30,  1999,  except  that  Section  15  takes effect
January 2, 2000.

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