State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB123 Enrolled                                 LRB9102228ACtm

 1        AN  ACT  concerning  the  regulation  of  the practice of
 2    architecture.

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

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

 7        (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
 8        Sec. 4.10.  The following Acts are repealed December  31,
 9    1999:
10        The  Fire  Equipment  Distributor and Employee Regulation
11    Act.
12        The Professional Engineering Practice Act of 1989.
13        The Structural Engineering Licensing Act of 1989.
14        The Illinois Architecture Practice Act of 1989.
15        The Illinois Landscape Architecture Act of 1989.
16        The Illinois Professional Land Surveyor Act of 1989.
17        The Land Sales Registration Act of 1989.
18        The Real Estate License Act of 1983.
19    (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20    86-1007; 86-1028.)

21        (5 ILCS 80/4.20 new)
22        Sec.  4.20.   Act  repealed  on  January  1,  2010.   The
23    following Act is repealed on January 1, 2010:
24        The Illinois Architecture Practice Act of 1989.

25        Section 10.  The Illinois Architecture  Practice  Act  of
26    1989  is  amended  by changing Sections  3, 8, 9, 10, 11, 12,
27    13, 14, 19, 21,  22,  and  38  and  adding  Section  16.5  as
28    follows:
SB123 Enrolled              -2-                LRB9102228ACtm
 1        (225 ILCS 305/3) (from Ch. 111, par. 1303)
 2        Sec.  3.   Application of Act.  Nothing in this Act shall
 3    be deemed or construed to prevent the practice of  structural
 4    engineering   as   defined   in  the  Structural  Engineering
 5    Licensing  Act  of  1989,  the   practice   of   professional
 6    engineering   as  defined  in  the  Professional  Engineering
 7    Practice Act of 1989, or the preparation of documents used to
 8    prescribe   work   to   be   done   inside   buildings    for
 9    non-loadbearing  interior construction, furnishings, fixtures
10    and  equipment,   or   the   offering   or   preparation   of
11    environmental  analysis,  feasibility studies, programming or
12    construction management services by persons other than  those
13    licensed   in   accordance  with  this  Act,  the  Structural
14    Engineering  Licensing  Act  of  1989  or  the   Professional
15    Engineering Practice Act of 1989.
16        Nothing   contained   in   this  Act  shall  prevent  the
17    draftsmen,  students,  project  representatives   and   other
18    employees of those lawfully practicing as licensed architects
19    under  the  provisions  of  this  Act,  from acting under the
20    direct supervision and control  of  their  employers,  or  to
21    prevent   the   employment  of  project  representatives  for
22    enlargement or alteration of buildings or any parts  thereof,
23    or prevent such project representatives from acting under the
24    direct  supervision  and control of the licensed architect by
25    whom  the  construction  documents  including  drawings   and
26    specifications   of   any   such   building,  enlargement  or
27    alteration were prepared.
28        Nothing in this Act or any  other  Act  shall  prevent  a
29    registered   architect   from   practicing   interior  design
30    services.   Nothing  in  this  Act  shall  be  construed   as
31    requiring  the  services  of  an  interior  designer  for the
32    interior designing of a single family residence.
33        This Act does not apply to any of the following:
34             (A)  The building, remodeling or  repairing  of  any
SB123 Enrolled              -3-                LRB9102228ACtm
 1        building  or  other  structure  outside  of the corporate
 2        limits of any city or village,  where  such  building  or
 3        structure  is  to  be, or is used for residential or farm
 4        purposes,  or  for  the  purposes  of   outbuildings   or
 5        auxiliary  buildings  in connection with such residential
 6        or farm premises.
 7             (B)  The construction, remodeling or repairing of  a
 8        detached single family residence on a single lot.
 9             (C)  The  construction, remodeling or repairing of a
10        two-family residence of  wood  frame  construction  on  a
11        single  lot,  not  more  than two stories and basement in
12        height.
13             (D)  Interior design services for buildings which do
14        not involve life safety or structural changes.
15        However, all buildings  not  included  in  the  preceding
16    paragraphs  (A) through (D), including multi-family buildings
17    and buildings previously exempt under  those  paragraphs  but
18    subsequently  non-exempt due to a change in occupancy or use,
19    are subject  to  the  requirements  of  this  Act.   Interior
20    alterations which result in life safety or structural changes
21    of the building are subject to the requirements of this Act.
22    (Source: P.A. 87-435; 88-650, eff. 9-16-94.)

23        (225 ILCS 305/8) (from Ch. 111, par. 1308)
24        Sec. 8.  Powers and duties of the Department.  Subject to
25    the provisions of this Act, the Department shall exercise the
26    following functions, powers and duties:
27        (a)  Conduct examinations to ascertain the qualifications
28    and   fitness   of   applicants  for  licensure  as  licensed
29    architects, and pass upon the qualifications and  fitness  of
30    applicants for licensure by endorsement;
31        (b)  Prescribe  rules  for  a  method  of  examination of
32    candidates;
33        (c)  Prescribe rules defining what constitutes a  school,
SB123 Enrolled              -4-                LRB9102228ACtm
 1    college  or  university,  or  department  of a university, or
 2    other  institution,  reputable  and  in  good  standing,   to
 3    determine  whether or not a school, college or university, or
 4    department of a university, or other institution is reputable
 5    and in good standing by reference to a compliance  with  such
 6    rules,  and to terminate the approval of such school, college
 7    or  university  or  department  of  a  university  or   other
 8    institution  that  refuses admittance to applicants solely on
 9    the basis of race, color, creed, sex or national origin.  The
10    Department may adopt, as its own rules relating to  education
11    requirements, those guidelines published from time to time by
12    the National Architectural Accrediting Board;
13        (d)  Prescribe   rules   for   diversified   professional
14    training;
15        (e)  Conduct  oral  interviews,  disciplinary conferences
16    and formal evidentiary  hearings  on  proceedings  to  impose
17    fines  or  to  suspend, revoke, place on probationary status,
18    reprimand, and refuse to issue or restore any license  issued
19    under the provisions of this Act for the reasons set forth in
20    Section 22 of this Act;
21        (f)  Issue licenses to those who meet the requirements of
22    this Act; and
23        (g)  Formulate and publish rules necessary or appropriate
24    to carrying out the provisions of this Act.
25        (h)  To  maintain  membership  in the National Council of
26    Architectural  Registration   Boards   and   participate   in
27    activities  of  the Council by designation of individuals for
28    the various classifications of membership and the appointment
29    of delegates for attendance at regional and national meetings
30    of the Council.  All costs  associated  with  membership  and
31    attendance  of such delegates to any national meetings may be
32    funded  from  the  Design  Professionals  Administration  and
33    Investigation Fund.
34        Prior to issuance of any final  decision  or  order  that
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 1    deviates  from  any  report  or  recommendation  of the Board
 2    relating to the qualification of  applicants,  discipline  of
 3    licensees  or  registrants,  or  promulgation  of  rules, the
 4    Director  shall  notify  the  Board  in   writing   with   an
 5    explanation  of  any  such deviation and provide a reasonable
 6    time for the Board to submit writing comments to the Director
 7    regarding the proposed action.  In the event that  the  Board
 8    fails  or  declines to submit such written comments within 30
 9    days of said notification, the Director  may  issue  a  final
10    decision  or  orders  consistent with the Director's original
11    decision.  The Department may at any  time  seek  the  expert
12    advice  and  knowledge of the Board on any matter relating to
13    the enforcement of this Act.
14    (Source: P.A. 86-702.)

15        (225 ILCS 305/9) (from Ch. 111, par. 1309)
16        Sec. 9.  Creation  of  the  Board.   The  Director  shall
17    appoint  an Architecture Architect Licensing Board which will
18    consist of  6  members.    Five  members  shall  be  licensed
19    architects,  one  of  whom  shall  be a tenured member of the
20    architectural faculty of the  University  of  Illinois.   The
21    other 4 shall be licensed architects, residing in this State,
22    who  have  been  engaged  in  the practice of architecture at
23    least 10 years.  In addition to the  5  licensed  architects,
24    there shall be one public member.  The public member shall be
25    a voting member and shall not hold a license as an architect,
26    professional engineer, structural engineer or land surveyor.
27        Board  members  shall  serve 5 year terms and until their
28    successors are  appointed  and  qualified.  For  the  initial
29    appointments made under this Act, however, 2 members shall be
30    appointed  to serve for a period of one year, 2 members shall
31    be appointed to serve for a period of 3 years, and one member
32    shall be appointed for a period of 5 years. The public member
33    shall be appointed to an initial term of 5 years.  In  making
SB123 Enrolled              -6-                LRB9102228ACtm
 1    the  designation  of persons to the Board, the Director shall
 2    give due consideration  to  recommendations  by  members  and
 3    organizations of the profession.
 4        The  membership  of  the  Board should reasonably reflect
 5    representation from the geographic areas in this State.
 6        No member shall be reappointed to the Board  for  a  term
 7    which  would cause his or her continuous service on the Board
 8    to be longer than 10 successive years.  Service prior to  the
 9    effective date of this Act shall not be considered.
10        Appointments  to fill vacancies shall be made in the same
11    manner as original appointments, for the unexpired portion of
12    the vacated  term.    Initial  terms  shall  begin  upon  the
13    effective  date  of  this  Act and Board members in office on
14    that date under the  predecessor  Act  may  be  appointed  to
15    specific terms as indicated in this Section.
16        Persons  holding office as members of the Board under the
17    Illinois Architecture Act immediately prior to the  effective
18    date of this Act shall continue as members of the Board under
19    this Act until the expiration of the term for which they were
20    appointed  and  until  their  successors  are  appointed  and
21    qualified.
22        A  quorum  of  the  Board  shall consist of a majority of
23    Board members currently appointed.  A majority  vote  of  the
24    quorum  is  required for Board decisions.  Four members shall
25    constitute a quorum of Board  members.   The  Chairman  shall
26    only vote on all matters to come before the Board in the case
27    of a tie vote.
28        The  Director  may  remove  any  member  of the Board for
29    misconduct, incompetence, neglect of  duty,  or  for  reasons
30    prescribed by law for removal of State officials.
31        The  Director  may  remove a member of the Board who does
32    not attend 2 consecutive meetings.
33        The Director may terminate the appointment of any  member
34    for  cause  which  in  the opinion of the Director reasonably
SB123 Enrolled              -7-                LRB9102228ACtm
 1    justifies such termination.
 2        Notice of proposed rulemaking shall be transmitted to the
 3    Board and the Department shall review  the  response  of  the
 4    Board  and  any recommendations made therein.  The Department
 5    may, at any time, seek the expert advice and knowledge of the
 6    Board  on  any  matter  relating  to  the  administration  or
 7    enforcement of this Act.
 8        Members of the Board are immune from suit in  any  action
 9    based  upon  any disciplinary proceedings or other activities
10    performed in good faith as members of the Board.
11    (Source: P.A. 86-702; 87-593.)

12        (225 ILCS 305/10) (from Ch. 111, par. 1310)
13        Sec. 10.  Powers and duties of the Board.
14        (a) The Board shall hold at least 3 regular meetings each
15    year.;
16        (b)  The Board shall annually elect a Chairperson  and  a
17    Vice Chairperson Chairman who shall be a licensed architects.
18     architect;
19        (c)  The  Board, upon request by the Department, may make
20    a curriculum evaluation to determine if  courses  conform  to
21    the requirements of approved architectural programs.;
22        (d)  The  Board shall assist the Department in conducting
23    oral  interviews,   disciplinary   conferences   and   formal
24    evidentiary hearings.;
25        (e)  The  Department  may,  at  any time, seek the expert
26    advice and knowledge of the Board on any matter  relating  to
27    the enforcement of this Act.;
28        (f)  The  Board  may appoint a subcommittee to serve as a
29    Complaint Committee to  recommend  the  disposition  of  case
30    files according to procedures established by rule.;
31        (g)  The  Board  shall review applicant qualifications to
32    sit for the examination  or  for  licensure  and  shall  make
33    recommendations  to  the  Department.   The  Department shall
SB123 Enrolled              -8-                LRB9102228ACtm
 1    review   the    Board's    recommendations    on    applicant
 2    qualifications.   The  Director  shall  notify  the  Board in
 3    writing with an explanation of any deviation from the Board's
 4    recommendation on applicant qualifications.  After review  of
 5    the  Director's written explanation of his or her reasons for
 6    deviation, the Board shall have the  opportunity  to  comment
 7    upon the Director's decision.
 8        (h)  The  Board  shall  submit  written  comments  to the
 9    Director within  30  days  from  notification  of  any  final
10    decision  or  order  from the Director that deviates from any
11    report  or  recommendation  of  the  Board  relating  to  the
12    qualifications of  applicants,  discipline  of  licensees  or
13    registrants, or promulgation of rules.
14    (Source: P.A. 88-428.)

15        (225 ILCS 305/11) (from Ch. 111, par. 1311)
16        Sec. 11.  Application for original license.  Applications
17    for  original  licensure  shall  be made to the Department in
18    writing on forms prescribed by the Department  and  shall  be
19    accompanied  by  the  required  fee, which is not refundable.
20    Any such application shall  require  information  as  in  the
21    judgment of the Department will enable the Department to pass
22    on   the   qualifications   of   the  applicant  to  practice
23    architecture. The Department may require an applicant, at the
24    applicant's expense, to have an evaluation of the applicant's
25    education in a foreign country  by  a  nationally  recognized
26    educational  body  approved  by  the Board in accordance with
27    rules prescribed by the Department.
28        An applicant who  has  graduated  from  an  architectural
29    program  outside  the  United  States  or its territories and
30    whose  first   language   is   not   English   shall   submit
31    certification  of passage of the Test of English as a Foreign
32    Language (TOEFL) and the Test  of  Spoken  English  (TSE)  as
33    defined by rule before taking the licensure examination.
SB123 Enrolled              -9-                LRB9102228ACtm
 1    (Source: P.A. 89-594, eff. 8-1-96.)

 2        (225 ILCS 305/12) (from Ch. 111, par. 1312)
 3        Sec.  12.   Examinations; subjects; failure or refusal to
 4    take examination.  The Department shall authorize examination
 5    of applicants as architects at such times and  places  as  it
 6    may determine.  The examination shall be in English and shall
 7    be  written  or  written  and graphic.  It shall include at a
 8    minimum the following subjects:
 9             "(a)  pre-design      (environmental       analysis,
10        architectural  programming, and application of principles
11        of project management  and  coordination),  environmental
12        analysis and programming;
13             (b)  site   planning   (site  analysis,  design  and
14        development,   parking,   and   application   of   zoning
15        requirements) design;
16             (c)  building  planning  (conceptual   planning   of
17        functional  and  space  relationships,  building  design,
18        interior  space  layout,  barrier-free  design,  and  the
19        application  of  the  life  safety  code requirements and
20        principles of energy efficient design) design;
21             (d)  building technology (application of  structural
22        systems,   building   components,   and   mechanical  and
23        electrical systems) structural technology (general,  long
24        span, and lateral);
25             (e)  general structures (identification, resolution,
26        and incorporation of structural systems and the long span
27        design   on  the  technical  aspects  of  the  design  of
28        buildings and the process and construction)  life  safety
29        codes and technology, and energy efficient design;
30             (f)  lateral  forces  (identification and resolution
31        of the effects of lateral forces on the technical aspects
32        of  the  design  of  buildings   and   the   process   of
33        construction) barrier free design;
SB123 Enrolled              -10-               LRB9102228ACtm
 1             (g)  mechanical,  plumbing,  and  electrical systems
 2        (as  applied  to  the  design  of  buildings,   including
 3        plumbing   and   acoustical   systems)   (principles   of
 4        sanitation and ventilation as applied to buildings);
 5             (h)  materials and methods (as related to the design
 6        of buildings and the technical aspects of construction);
 7        and
 8             (i)  construction documents and services (conduct of
 9        architectural  practice  as  it  relates  to construction
10        documents, bidding, and construction  administration  and
11        contractual documents from beginning to end of a building
12        project).,   technical   submissions,   and  professional
13        practice,  including  the  contractual   duties   of   an
14        architect; and
15             It  shall  be the responsibility of the applicant to
16        be familiar with this Act and its rules.
17        Examination subject matter headings and  bases  on  which
18    examinations   are   graded   shall  be  indicated  in  rules
19    pertaining  to  this  Act.   The  Department  may  adopt  the
20    examinations and grading procedures of the  National  Council
21    of   Architectural   Registration  Boards.   Content  of  any
22    particular examination shall not be considered public  record
23    under the Freedom of Information Act.
24        If  an  applicant  neglects without an approved excuse or
25    refuses to take the next available  examination  offered  for
26    licensure under this Act, the fee paid by the applicant shall
27    be  forfeited.   If an applicant fails to pass an examination
28    for licensure under this Act within 3 6 years after filing an
29    application, the application shall be denied.  The  applicant
30    may,   however,   make  a  new  application  for  examination
31    accompanied by the required fee and  must  furnish  proof  of
32    meeting  the  qualifications for examination in effect at the
33    time of the new application.
34        The Department may by rule prescribe additional  subjects
SB123 Enrolled              -11-               LRB9102228ACtm
 1    for examination.
 2        An  applicant  has one year from the date of notification
 3    of successful completion of all the examination  requirements
 4    to  apply  to  the Department for a license.  If an applicant
 5    fails to apply  within  one  year,  the  applicant  shall  be
 6    required to again take and pass the examination.
 7    (Source: P.A. 86-702; 87-593.)

 8        (225 ILCS 305/13) (from Ch. 111, par. 1313)
 9        Sec.  13.   Qualifications of applicants.  Any person who
10    is of good  moral  character  may  take  an  examination  for
11    licensure   if   he  or  she  is  a  graduate  with  a  first
12    professional degree in architecture from a program accredited
13    by the  National  Architectural  Accrediting  Board  and  has
14    completed  such  diversified professional training, including
15    academic training, as is required by rules of the Department.
16    In lieu  of  the  requirement  of  graduation  with  a  first
17    professional degree in architecture from a program accredited
18    by   the   National   Architectural  Accrediting  Board,  the
19    Department may admit an applicant who is a  graduate  with  a
20    pre-professional  4  year  baccalaureate  degree accepted for
21    direct entry into a first professional master of architecture
22    degree  program,  and  who  has  completed  such   additional
23    diversified   professional   training,   including   academic
24    training,  as  is  required  by rules of the Department.  The
25    Department  may  adopt,  as  its  own   rules   relating   to
26    diversified professional training, those guidelines published
27    from  time  to  time by the National Council of Architectural
28    Registration Boards.
29        Good moral character means such character as will  enable
30    a person to discharge the fiduciary duties of an architect to
31    that  person's  client  and  to  the public in a manner which
32    protects health, safety and welfare.  Evidence  of  inability
33    to  discharge  such  duties  may include the commission of an
SB123 Enrolled              -12-               LRB9102228ACtm
 1    offense justifying discipline under Section 19.  In addition,
 2    the  Department  may  take  into  consideration  whether  the
 3    applicant has  engaged  in  conduct  or  actions  that  would
 4    constitute  grounds  for discipline under this Act any felony
 5    conviction of the applicant, but such a conviction shall  not
 6    operate  as  an absolute bar to qualification for examination
 7    for licensure.
 8    (Source: P.A. 89-387, eff. 8-20-95.)

 9        (225 ILCS 305/14) (from Ch. 111, par. 1314)
10        Sec. 14.  Display of license; Seal.  Every  holder  of  a
11    license  as  a  licensed  architect  shall  display  it  in a
12    conspicuous place in the principal office of the architect.
13        Every licensed architect shall have a reproducible  seal,
14    or  facsimile,  the  print of which shall contain the name of
15    the architect, the license number, and  the  words  "Licensed
16    Architect,  State of Illinois".  The licensed architect shall
17    affix the signature, current date, date of license expiration
18    and seal to the first sheet of any bound set or loose  sheets
19    of  construction  documents utilized as contract documents or
20    prepared for the review and approval of any  governmental  or
21    public   authority   having  jurisdiction  by  that  licensed
22    architect  or  under   that   licensed   architect's   direct
23    supervision and control.  The sheet of construction documents
24    in  which  the seal is affixed shall indicate those documents
25    or parts thereof for which the seal shall apply. The seal and
26    dates may be electronically affixed.  The signature  must  be
27    in  the  original  handwriting  of  the licensee.  Signatures
28    generated  by  computer  shall   not   be   permitted.    All
29    construction    documents    issued   by   any   corporation,
30    partnership,    professional    service    corporation,    or
31    professional design firm as registered under this  Act  shall
32    contain  the  corporate  or  assumed business name and design
33    firm registration number,  in  addition  to  any  other  seal
SB123 Enrolled              -13-               LRB9102228ACtm
 1    requirements as set forth in this Section.
 2        "Direct supervision and control" means that the architect
 3    has  exerted  sufficient  personal  supervision, control, and
 4    review  of  the  activities  of  those  employed  to  perform
 5    architectural work to ensure that the construction  documents
 6    produced  by  those  so  employed and sealed by the architect
 7    meet the  standards  of  reasonable  professional  skill  and
 8    diligence  and are of no lesser quality than if they had been
 9    produced personally  by  the  architect.   The  architect  is
10    obligated  to  have  detailed  professional  knowledge of the
11    construction  documents  the  architect  seals  and  to  have
12    exercised professional judgement in all architectural matters
13    embodied in those construction documents.   Merely  reviewing
14    the  construction  documents produced by others, even if they
15    are licensed, does not  constitute  "direct  supervision  and
16    control"  by  the architect unless the architect has actually
17    exercised the supervision and control over the preparation of
18    the construction documents provided for in this Section.
19    (Source: P.A. 86-702; 86-1028.)

20        (225 ILCS 305/16.5 new)
21        Sec. 16.5.  Continuing  education.   The  Department  may
22    promulgate rules of continuing education for persons licensed
23    under   this   Act.    The   Department  shall  consider  the
24    recommendations of the Board in establishing  the  guidelines
25    for  the continuing education requirements.  The requirements
26    of this Section  apply  to  any  person  seeking  renewal  or
27    restoration under Section 16 or 17 of this Act.

28        (225 ILCS 305/19) (from Ch. 111, par. 1319)
29        Sec. 19.  Fees.
30        (a)  The  Department shall provide by rule for a schedule
31    of fees to be paid for licenses by all applicants.  All  fees
32    are not refundable.
SB123 Enrolled              -14-               LRB9102228ACtm
 1        (b)  The  fees  for the administration and enforcement of
 2    this Act, including but not limited  to  original  licensure,
 3    renewal,  and  restoration,  shall  be  set  by  rule  by the
 4    Department.  The following fees are not refundable.
 5        (a)  Licensure fees.
 6             (1)  The fee for application for a license is $100.
 7             (2)  In addition, applicants for any examination are
 8        required to pay, either  to  the  Department  or  to  the
 9        designated  testing  service,  a fee covering the cost of
10        determining the applicant's eligibility and providing the
11        examination.  Failure to appear for  the  examination  on
12        the  scheduled  date,  at  the  time and place specified,
13        after the applicant's  application  for  examination  has
14        been  received  and acknowledged by the Department or the
15        designated  testing  service,   shall   result   in   the
16        forfeiture of the examination fee.
17             (3)  The   fee   for  a  license  for  an  architect
18        registered or licensed under the laws of another state or
19        territory of the United States or province is $100.
20             (4)  The fee for the renewal of a license  shall  be
21        $60.
22             (5)  The  fee for the restoration of a license other
23        than from inactive status is  $10  plus  payment  of  all
24        lapsed renewal fees.
25             (6)  The  fee  for  application  for a license as an
26        architecture corporation or partnership is $75.
27             (7)  The fee for renewal of a license or certificate
28        of registration as a professional design firm is $75.
29        (b)  General fees.
30             (1)  The  fee  for  the  issuance  of  a   duplicate
31        license,  for the issuance of a replacement license for a
32        license which has been  lost  or  destroyed  or  for  the
33        issuance  of  a  license with a change of name or address
34        other than during the renewal period is $20.  No  fee  is
SB123 Enrolled              -15-               LRB9102228ACtm
 1        required  for  name  and  address  changes  on Department
 2        records when no duplicate license is issued.
 3             (2)  The fee for a  certification  of  a  licensee's
 4        record for any purpose is $20.
 5             (3)  The  fee  for  rescoring  an examination is the
 6        cost to the Department of rescoring the examination, plus
 7        any fees charged by the  applicable  testing  service  to
 8        have the examination rescored.
 9             (4)  The   fee   for   a  wall  certificate  showing
10        licensure  is  the  actual   cost   of   producing   such
11        certificate.
12             (5)  The  fee for a roster of licensed architects in
13        this State is the actual cost of producing such a roster.
15        All of the fees and  fines  collected  pursuant  to  this
16    Section  shall  be  deposited  in  the  Design  Professionals
17    Professional  Administration  and  Investigation Fund. Of the
18    moneys deposited into the Design Professionals Administration
19    and Investigation Fund, the Department may use such funds  as
20    necessary and available to produce and distribute newsletters
21    to persons licensed under this Act.
22        Any  person  who delivers a check or other payment to the
23    Department that is returned to the Department unpaid  by  the
24    financial institution upon which it is drawn shall pay to the
25    Department,  in  addition  to  the amount already owed to the
26    Department, a fine of $50. If the check or other payment  was
27    for  a  renewal  or  issuance  fee  and that person practices
28    without paying the renewal fee or issuance fee and  the  fine
29    due,  an  additional fine of $100 shall be imposed. The fines
30    imposed  by  this  Section  are  in  addition  to  any  other
31    discipline provided under this Act for unlicensed practice or
32    practice on a nonrenewed license. The Department shall notify
33    the person that payment of fees and fines shall  be  paid  to
34    the  Department  by  certified check or money order within 30
SB123 Enrolled              -16-               LRB9102228ACtm
 1    calendar days of the notification. If, after  the  expiration
 2    of  30 days from the date of the notification, the person has
 3    failed to submit the  necessary  remittance,  the  Department
 4    shall  automatically  terminate the license or certificate or
 5    deny the application, without hearing. If, after  termination
 6    or  denial,  the person seeks a license or certificate, he or
 7    she shall apply to the Department for restoration or issuance
 8    of the license or certificate and pay all fees and fines  due
 9    to the Department. The Department may establish a fee for the
10    processing  of an application for restoration of a license or
11    certificate  to  pay  all   expenses   of   processing   this
12    application.  The Director may waive the fines due under this
13    Section in individual cases where the Director finds that the
14    fines would be unreasonable or unnecessarily burdensome.
15    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)

16        (225 ILCS 305/21) (from Ch. 111, par. 1321)
17        Sec.  21.    Professional   design   firm   registration;
18    conditions.
19        (a)  Nothing  in  this  Act shall prohibit the formation,
20    under the provisions of the Professional Service  Corporation
21    Act, of a corporation to offer the practice of architecture.
22        Any business, including a not formed under the provisions
23    of  the  Professional  Service  Corporation, that Act and not
24    registered as such with the Department,  and  which  includes
25    the  practice  of  architecture  within  its stated purposes,
26    practices architecture, or holds itself out as  available  to
27    practice  architecture,  shall  register  with the Department
28    under this Section.  Any  professional  service  corporation,
29    sole  proprietorship,  or  professional  design firm offering
30    architectural  services  must  have  a   resident   architect
31    overseeing  the  architectural  practices in each location in
32    which architectural services are provided.
33        Any sole proprietorship not  owned  and  operated  by  an
SB123 Enrolled              -17-               LRB9102228ACtm
 1    Illinois licensed design professional licensed under this Act
 2    shall  be  prohibited from offering architectural services to
 3    the public.  "Illinois licensed design professional" means  a
 4    person who holds an active license as an architect under this
 5    Act,   as   a   structural   engineer  under  the  Structural
 6    Engineering  Practice  Licensing  Act  of  1989,  or   as   a
 7    professional  engineer  under  the  Professional  Engineering
 8    Practice  Act  of  1989.   Any  sole proprietorship owned and
 9    operated by an architect with an active license issued  under
10    this Act and conducting or transacting such business under an
11    assumed name in accordance with the provisions of the Assumed
12    Business   Name   Act  shall  comply  with  the  registration
13    requirements  of  a  professional  design  firm.   Any   sole
14    proprietorship  owned  and  operated  by an architect with an
15    active license  issued  under  this  Act  and  conducting  or
16    transacting  such  business  under  the real name of the sole
17    proprietor is exempt from the registration requirements of  a
18    professional design firm.
19        (b)  Any  corporation,  including  a Professional Service
20    Corporation,  partnership,  limited  liability  company,   or
21    professional  design firm seeking to be registered under this
22    Section shall not be registered unless:
23             (1)  two-thirds of the board of  directors,  in  the
24        case  of  a  corporation,  or  two-thirds  of the general
25        partners, in the case of a partnership, or two-thirds  of
26        the  members, in the case of a limited liability company,
27        are licensed under the laws  of  any  State  to  practice
28        architecture,  professional  engineering, land surveying,
29        or structural engineering; and
30             (2)  the person having the architectural practice in
31        this State in his charge is (A) a director in the case of
32        a corporation,  a  general  partner  in  the  case  of  a
33        partnership,  or  a  member  in  the  case  of  a limited
34        liability company, and (B) holds  a  license  under  this
SB123 Enrolled              -18-               LRB9102228ACtm
 1        Act.
 2        Any  corporation, limited liability company, professional
 3    service corporation, or  partnership  qualifying  under  this
 4    Section  and  practicing  in  this  State shall file with the
 5    Department   any   information   concerning   its   officers,
 6    directors, members, managers, partners or  beneficial  owners
 7    as the Department may, by rule, require.
 8        (c)  No  business shall offer the practice or hold itself
 9    out as available to offer the practice of architecture  until
10    it is registered with the Department.
11        (d)  Any  business  seeking  to  be registered under this
12    Section shall make application on  a  form  provided  by  the
13    Department and shall provide any information requested by the
14    Department,  which  shall include but shall not be limited to
15    all of the following:
16             (1)  The name and architect's license number  of  at
17        least  one  person  designated  as  the managing agent in
18        responsible charge of the  practice  of  architecture  in
19        Illinois.   In the case of a corporation, the corporation
20        shall also submit a certified copy of the  resolution  by
21        the  board of directors designating at least one managing
22        agent. If a limited liability company, the company  shall
23        submit  a  certified  copy  of  either  its  articles  of
24        organization   or  operating  agreement  designating  the
25        managing agent.
26             (2)  The   names   and   architect's,   professional
27        engineer's, or structural engineer's, or land  surveyor's
28        license  numbers  of  the  directors,  in  the  case of a
29        corporation, the  members,  in  the  case  of  a  limited
30        liability  company, or general partners, in the case of a
31        partnership.
32             (3)  A  list  of  all   locations   at   which   the
33        professional design firm provides architectural services.
34             (4)  A  list  of  all assumed names of the business.
SB123 Enrolled              -19-               LRB9102228ACtm
 1        Nothing in this Section shall be construed  to  exempt  a
 2        business  from  compliance  with  the requirements of the
 3        Assumed Business Name Act.
 4        It is the responsibility of the professional design  firm
 5    to  provide the Department notice, in writing, of any changes
 6    in the information requested on the application.
 7        (e)  In the event  a  managing  agent  is  terminated  or
 8    terminates  his  or  her  status  as  managing  agent  of the
 9    professional design firm, the managing agent and professional
10    design firm shall notify  the  Department  of  this  fact  in
11    writing,  by  certified  mail,  within  10  business  days of
12    termination.
13        Thereafter, the professional design firm, if  it  has  so
14    informed  the  Department, has 30 days in which to notify the
15    Department of the name and architect's license number of  the
16    architect  who  is  the newly designated managing agent. If a
17    corporation, the corporation shall also  submit  a  certified
18    copy  of  a  resolution by the board of directors designating
19    the new managing agent. If a limited liability  company,  the
20    company  shall  also  submit  a  certified copy of either its
21    articles of organization or operating  agreement  designating
22    the  new  managing agent. The Department may, upon good cause
23    shown, extend the original 30 day period.
24        If the professional design  firm  has  not  notified  the
25    Department in writing, by certified mail within the specified
26    time,  the  registration  shall  be  terminated without prior
27    hearing.   Notification  of  termination  shall  be  sent  by
28    certified mail to the last known address of the business.  If
29    the professional design firm continues to operate  and  offer
30    architectural  services after the termination, the Department
31    may seek prosecution under Sections 22, 36, and 36a  of  this
32    Act for the unlicensed practice of architecture.
33        (f)  No  professional  design  firm  shall be relieved of
34    responsibility  for  the  conduct  or  acts  of  its  agents,
SB123 Enrolled              -20-               LRB9102228ACtm
 1    employees, or officers by reason of its compliance with  this
 2    Section,  nor shall any individual practicing architecture be
 3    relieved of  the  responsibility  for  professional  services
 4    performed   by  reason  of  the  individual's  employment  or
 5    relationship with a professional design firm registered under
 6    this Section.
 7        (g)  Disciplinary action against  a  professional  design
 8    firm  registered  under this Section shall be administered in
 9    the same manner and  on  the  same  grounds  as  disciplinary
10    action against a licensed architect.  All disciplinary action
11    taken  or pending against a corporation or partnership before
12    the effective date of this amendatory Act of  1993  shall  be
13    continued  or  remain in effect without the Department filing
14    separate actions.
15    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

16        (225 ILCS 305/22) (from Ch. 111, par. 1322)
17        Sec. 22.  Refusal, suspension and revocation of licenses;
18    Causes.
19        (a) The Department may,  singularly  or  in  combination,
20    refuse  to  issue, renew or restore, or may suspend or revoke
21    any license or  registration,  or  may  place  on  probation,
22    reprimand,  or  fine,  with  a  civil  penalty  not to exceed
23    $10,000 for  each  violation,  any  person,  corporation,  or
24    partnership,   or   professional   design  firm  licensed  or
25    registered under this Act for any of the following reasons:
26             (1)  material misstatement in furnishing information
27        to the Department;
28             (2)  negligence, incompetence or misconduct  in  the
29        practice of architecture;
30             (3)  failure to comply with any of the provisions of
31        this Act or any of the rules;
32             (4)  making any misrepresentation for the purpose of
33        obtaining licensure;
SB123 Enrolled              -21-               LRB9102228ACtm
 1             (5)  purposefully making false statements or signing
 2        false  statements,  certificates  or affidavits to induce
 3        payment;
 4             (6)  conviction of any crime under the laws  of  the
 5        United  States,  or any state or territory thereof, which
 6        is  a  felony,  whether  related  to  the   practice   of
 7        architecture  or not; or conviction of any crime, whether
 8        a felony, misdemeanor, or otherwise, an essential element
 9        of which is dishonesty, wanton disregard for  the  rights
10        of  others,  or which is directly related to the practice
11        of architecture;
12             (7)  aiding or assisting another person in violating
13        any provision of this Act or its rules;
14             (8)  signing, affixing the licensed architect's seal
15        or permitting the architect's seal to be affixed  to  any
16        construction  documents  not prepared by the architect or
17        under that architect's direct supervision and control;
18             (9)  engaging   in   dishonorable,   unethical    or
19        unprofessional  conduct of a character likely to deceive,
20        defraud or harm the public;
21             (10)  habitual intoxication or addiction to the  use
22        of drugs;
23             (11)  making  a  statement of compliance pursuant to
24        the  Environmental   Barriers   Act   that   construction
25        documents  prepared by the Licensed Architect or prepared
26        under the licensed  architect's  direct  supervision  and
27        control  for  construction  or alteration of an occupancy
28        required to  be  in  compliance  with  the  Environmental
29        Barriers  Act  are  in  compliance with the Environmental
30        Barriers Act when such construction documents are not  in
31        compliance;
32             (12)  a  finding by the Board that an applicant or a
33        registrant has failed  to  pay  a  fine  imposed  by  the
34        Department or a registrant, whose license has been placed
SB123 Enrolled              -22-               LRB9102228ACtm
 1        on   probationary  status,  has  violated  the  terms  of
 2        probation;
 3             (13)  discipline  by   another   state,   territory,
 4        foreign  country,  the  District  of Columbia, the United
 5        States government, or any other governmental  agency,  if
 6        at least one of the grounds for discipline is the same or
 7        substantially equivalent to those set forth herein;
 8             (14)  failure  to provide information in response to
 9        a written request made by the Department within  30  days
10        after the receipt of such written request;
11             (15)  physical  illness,  including, but not limited
12        to, deterioration through the aging process  or  loss  of
13        motor  skill  which  results in the inability to practice
14        the profession with reasonable judgment, skill or safety.
15        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
16    showing of a possible violation may compel a person  licensed
17    to  practice under this Act, or who has applied for licensure
18    or certification pursuant to this Act, to submit to a  mental
19    or  physical  examination, or both, as required by and at the
20    expense of the Department.  The examining physicians shall be
21    those specifically designated by the Board.  The Board or the
22    Department may  order  the  examining  physician  to  present
23    testimony  concerning  this mental or physical examination of
24    the licensee or applicant.  No information shall be  excluded
25    by  reason  of any common law or statutory privilege relating
26    to communications between the licensee or applicant  and  the
27    examining  physician.  The person to be examined may have, at
28    his or her own expense,  another  physician  of  his  or  her
29    choice   present  during  all  aspects  of  the  examination.
30    Failure of any person to  submit  to  a  mental  or  physical
31    examination,  when  directed, shall be grounds for suspension
32    of a license until the person submits to the  examination  if
33    the  Board  finds, after notice and hearing, that the refusal
34    to submit to the examination was without reasonable cause.
SB123 Enrolled              -23-               LRB9102228ACtm
 1        If the Board finds a person unable to practice because of
 2    the reasons set forth in this Section, the Board may  require
 3    that  person  to  submit to care, counseling, or treatment by
 4    physicians  approved  or  designated  by  the  Board   as   a
 5    condition, term, or restriction for continued, reinstated, or
 6    renewed   licensure   to  practice;  or,  in  lieu  of  care,
 7    counseling, or treatment, the  Board  may  recommend  to  the
 8    Department to file a complaint to immediately suspend, revoke
 9    or  otherwise  discipline  the  license  of  the person.  Any
10    person whose  license  was  granted,  continued,  reinstated,
11    renewed,  disciplined,  or  supervised subject to such terms,
12    conditions, or restrictions and who fails to comply with such
13    terms, conditions, or restrictions shall be referred  to  the
14    Director  for  a determination as to whether the person shall
15    have his or her  license  suspended  immediately,  pending  a
16    hearing by the Board.
17        (b)  The determination by a circuit court that a licensee
18    is subject to involuntary admission or judicial admission, as
19    provided  in the Mental Health and Developmental Disabilities
20    Code, operates as an automatic suspension.   Such  suspension
21    will  end  only upon a finding by a court that the patient is
22    no  longer  subject  to  involuntary  admission  or  judicial
23    admission,  the  issuance  of  an  order   so   finding   and
24    discharging  the patient, and the recommendation of the Board
25    to the Director  that  the  licensee  be  allowed  to  resume
26    practice.
27        The  Department  may  refuse  to issue or may suspend the
28    license of any person who fails to file a return, or  to  pay
29    the  tax,  penalty or interest shown in a filed return, or to
30    pay any final assessment of  tax,  penalty  or  interest,  as
31    required   by  any  tax  Act  administered  by  the  Illinois
32    Department of Revenue, until such time as the requirements of
33    any such tax Act are satisfied.
34        Persons who  assist  the  Department  as  consultants  or
SB123 Enrolled              -24-               LRB9102228ACtm
 1    expert  witnesses  in  the  investigation  or  prosecution of
 2    alleged violations of the Act, licensure matters, restoration
 3    proceedings, or criminal prosecutions, shall  not  be  liable
 4    for  damages in any civil action or proceeding as a result of
 5    such assistance, except upon proof  of  actual  malice.   The
 6    attorney general shall defend such persons in any such action
 7    or proceeding.
 8    (Source: P.A. 88-428.)

 9        (225 ILCS 305/38) (from Ch. 111, par. 1338)
10        Sec.  38.   Fund;  appropriations;  investments;  audits.
11    Moneys  deposited  in the Design Professionals Administration
12    and  Investigation  Fund  shall  be   appropriated   to   the
13    Department exclusively for expenses of the Department and the
14    Board  in  the  administration  of  this  Act,  the  Illinois
15    Professional  Land  Surveyor  Act  of  1989, the Professional
16    Engineering  Practice  Act  of  1989,  and   the   Structural
17    Engineering  Licensing  Act  of  1989.   The  expenses of the
18    Department under this Act shall be limited  to  the  ordinary
19    and contingent expenses of the Design Professionals Dedicated
20    Employees  within the Department as established under Section
21    62.1 of the Civil Administrative Code of Illinois  and  other
22    expenses  related  to  the  administration and enforcement of
23    this Act.
24        Moneys from the Fund may also  be  used  for  direct  and
25    allocable  indirect  costs  related to the public purposes of
26    the Department of Professional  Regulation.   Moneys  in  the
27    Fund may be transferred to the Professions Indirect Cost Fund
28    as authorized by Section 61e of the Civil Administrative Code
29    of Illinois.
30        All fines and penalties under Sections 22 and 36 shall be
31    deposited    in   the   Design   Professionals   Professional
32    Administration and Investigation Fund.
33        Moneys   in   the   Design   Professionals   Professional
SB123 Enrolled              -25-               LRB9102228ACtm
 1    Administration and Investigation Fund  may  be  invested  and
 2    reinvested,  with  all earnings received from the investments
 3    to be deposited in the  Design  Professionals  Administration
 4    and Investigation Fund and used for the same purposes as fees
 5    deposited in the Fund.
 6        Upon  the  completion  of  any audit of the Department as
 7    prescribed by the Illinois State Auditing Act  that  includes
 8    an  audit  of  the  Design  Professionals  Administration and
 9    Investigation Fund, the Department shall make the audit  open
10    to  inspection  by  any  interested  person.  The copy of the
11    audit report required to be submitted to  the  Department  by
12    this  Section  is  an  addition  to  copies  of audit reports
13    required to be submitted to other State officers and agencies
14    by Section 3-14 of the Illinois State Auditing Act.
15    (Source: P.A. 89-204, eff. 1-1-96.)

16        Section 99.  Effective date.  This Act  takes  effect  on
17    January  1,  2000,  except  that  Section 5 takes effect upon
18    becoming law.

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