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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
91_SB0123enr 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 The following Acts are repealed December 31, 9 1999: 10 The Fire Equipment Distributor and Employee Regulation 11 Act. 12 The Professional Engineering Practice Act of 1989. 13 The Structural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 Act repealed on January 1, 2010. The 23 following Act is repealed on January 1, 2010: 24 The Illinois Architecture Practice Act of 1989. 25 Section 10.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 orfarm 4 purposes, or for the purposes of outbuildings or 5 auxiliary buildings in connection with such residential6 orfarm 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 SB123 Enrolled -5- LRB9102228ACtm 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 ArchitectLicensing 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 initial29 appointments made under this Act, however, 2 members shall be30 appointed to serve for a period of one year, 2 members shall31 be appointed to serve for a period of 3 years, and one member32 shall be appointed for a period of 5 years. The public member33 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 shall25 constitute a quorum of Board members. The Chairman shall26 only vote on all matters to come before the Board in the case27 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 member34 for cause which in the opinion of the Director reasonablySB123 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 Chairmanwho shall be alicensed 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) , environmental12 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, long24 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 safety29 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 of4 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 professional13 practice, including the contractual duties of an14 architect; and15 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 6years 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 felony5 conviction of the applicant, but such a conviction shall not6 operate as an absolute bar to qualification for examination7 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 are8 required to pay, either to the Department or to the9 designated testing service, a fee covering the cost of10 determining the applicant's eligibility and providing the11 examination. Failure to appear for the examination on12 the scheduled date, at the time and place specified,13 after the applicant's application for examination has14 been received and acknowledged by the Department or the15 designated testing service, shall result in the16 forfeiture of the examination fee.17 (3) The fee for a license for an architect18 registered or licensed under the laws of another state or19 territory of the United States or province is $100.20 (4) The fee for the renewal of a license shall be21 $60.22 (5) The fee for the restoration of a license other23 than from inactive status is $10 plus payment of all24 lapsed renewal fees.25 (6) The fee for application for a license as an26 architecture corporation or partnership is $75.27 (7) The fee for renewal of a license or certificate28 of registration as a professional design firm is $75.29 (b) General fees.30 (1) The fee for the issuance of a duplicate31 license, for the issuance of a replacement license for a32 license which has been lost or destroyed or for the33 issuance of a license with a change of name or address34 other than during the renewal period is $20. No fee isSB123 Enrolled -15- LRB9102228ACtm 1 required for name and address changes on Department2 records when no duplicate license is issued.3 (2) The fee for a certification of a licensee's4 record for any purpose is $20.5 (3) The fee for rescoring an examination is the6 cost to the Department of rescoring the examination, plus7 any fees charged by the applicable testing service to8 have the examination rescored.9 (4) The fee for a wall certificate showing10 licensure is the actual cost of producing such11 certificate.12 (5) The fee for a roster of licensed architects in13 this State is the actual cost of producing such a roster.14 15 All of the fees and fines collected pursuant to this 16 Section shall be deposited in the Design Professionals 17 ProfessionalAdministration 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 provisions23 of theProfessional Service Corporation, that Act and not24 registered as such with the Department, and whichincludes 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 LicensingAct 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, orstructural 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 a33 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 Professional32 Administration and Investigation Fund. 33 Moneys in the Design Professionals ProfessionalSB123 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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