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Public Act 91-0255
HB2645 Enrolled LRB9101211ACpc
AN ACT in relation to landscape architecture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.10 and adding Section 4.20 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Professional Engineering Practice Act of 1989.
The Structural Engineering Licensing Act of 1989.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1989.
The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed January 1, 2010:
The Illinois Landscape Architecture Act of 1989.
Section 10. The Illinois Landscape Architecture Act of
1989 is amended by changing Sections 7, 9, 11, 14, 15, and
18.1 as follows:
(225 ILCS 315/7) (from Ch. 111, par. 8107)
Sec. 7. Current Address. Every landscape architect
shall maintain a current address with the Department. It
shall be the responsibility of the registrant to notify the
Department in writing of any change of address.
(Source: P.A. 86-932.)
(225 ILCS 315/9) (from Ch. 111, par. 8109)
Sec. 9. Composition, qualification, and terms of Board.
(a) The Director shall appoint a Board consisting of 5
persons who are residents of the State of Illinois and who
shall be appointed by and shall serve in an advisory capacity
to the Director. Four persons shall be individuals
experienced in landscape architectural work who would qualify
upon application to the Department under the provisions of
this Act to be registered landscape architects, one of whom
shall be tenured member of the landscape architecture faculty
of the University of Illinois and 3 of whom shall have
engaged in landscape architectural work for at least 5 years.
The fifth person shall be a public member, not an employee of
the State of Illinois, who is not registered under this Act
or a similar Act of another jurisdiction. The public member
may not be elected or appointed as chairman of the Board or
serve in such capacity in any other manner.
(b) Members of the Board shall serve 5 year terms and
until their successors are appointed and qualified. No;
provided, that the initial appointments shall be as follows:
one member for a term of one year; 2 members for 2 years; and
2 members for 3 years, and until their successors are
appointed and qualified. Except for initial appointments, no
member shall be reappointed to the Board for a term which
would cause that member's cumulative service on the Board to
be longer than 10 years. No member who is an initial
appointment to the Board shall be reappointed to the Board
for a term which would cause that member's cumulative service
on the Board to be longer than 13 years. Appointments to
fill vacancies shall be made in the same manner as original
appointments for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this
Act.
(c) The Director may remove any member of the Board for
cause, which may include without limitation a member who does
not attend 2 consecutive meetings.
(d) The Director shall consider the recommendations of
the Board on questions involving standards of professional
conduct, discipline, and qualifications of candidates and
registrants under this Act.
(e) A quorum of the Board shall consist of a majority of
members currently appointed. A majority vote of the quorum
is required for board decisions.
(f) The board shall annually elect a chairperson and
vice chairperson, both of whom shall be licensed landscape
architects.
(Source: P.A. 86-932.)
(225 ILCS 315/11) (from Ch. 111, par. 8111)
Sec. 11. Initial Registration Qualifications.
(a) Every person applying to the Department for
registration shall do so on forms approved by the Department
and shall pay the required fee. Every person applying to the
Department for initial registration shall submit, with his
application, satisfactory evidence that the person holds an
approved professional degree in landscape architecture from
an approved and accredited program, as such terms are defined
by the rules and regulations of the Department, and that he
has had such practical experience in landscape architectural
work as shall be required by the rules and regulations of the
Department. In lieu of evidence of any approved professional
degree in landscape architecture, the applicant may submit
satisfactory evidence of such other education or experience
as shall be required by the rules and regulations of the
Department; provided, however, that after January 1, 1993
every applicant for initial registration must have an
approved professional degree. If an applicant is qualified
the Department shall, by means of a written examination,
examine the applicant on such technical and professional
subjects as shall be required by the rules and regulations of
the Department.
(b) The Department may exempt from such written
examination an applicant who holds a certificate of
qualification issued by the National Council of Landscape
Architecture Registration Boards, or who holds a registration
in another state which has equivalent or substantially
equivalent requirements as the State of Illinois.
(c) The Department shall adopt rules determining
requirements for practical training and education. The
Department may also adopt the examinations and recommended
grading procedures of the National Council of Landscape
Architectural Registration Boards and the accreditation
procedures of the Landscape Architectural Accrediting Board.
The Department shall issue a certificate of registration to
each applicant who satisfies the requirements set forth in
this Section. Such registration shall be effective upon
issuance.
(d) If an applicant neglects, fails without an approved
excuse, or refuses to take an examination or fails to pass an
examination to obtain a certificate of registration under
this Act within 3 years after filing the application, the
application shall be denied. However, such applicant may
thereafter submit a new application accompanied by the
required fee.
(e) Any person who has been engaged in the practice of
landscape architecture prior to the effective date of this
Act, shall, upon application within 2 years from the
effective date of this Act and upon payment of the required
current registration fee and application fee, be issued
registration without examination upon furnishing to the
Department satisfactory proof that he was so engaged prior to
such date. The Director, through the Board, shall accept as
satisfactory evidence of the competency and qualifications of
the applicant for registration the following:
(1) A diploma of graduation or satisfactory completion
certificate from a college, school, or university offering an
accredited program in landscape architecture, together with
evidence of at least 2 years of actual, practical experience
in landscape architectural work of a grade and character
acceptable to the Board; or
(2) Evidence that the applicant has a total of at least
7 years of actual, practical experience in landscape
architectural work of a grade and character acceptable to the
Board and has been actually engaged in the active practice of
landscape architecture for not less than 4 years immediately
prior to the effective date of this Act.
(Source: P.A. 86-932.)
(225 ILCS 315/14) (from Ch. 111, par. 8114)
Sec. 14. Fees. The Department shall establish by rule a
schedule of fees for the administration and maintenance of
this Act. These fees are not refundable. The following fees
are not refundable:
(a) Registration fees:
(1) The fee for application for a certificate of
registration is $100.
(2) Applicants for an examination shall be required to
pay, either to the Department or the designated testing
service, a fee covering the cost of providing the examination
on the scheduled date, at the time and place specified.
Failure to appear for the examination on the scheduled date,
at the time and place specified, shall result in the
forfeiture of the examination fee and denial of the
application.
(3) The fee for a certificate of registration for a
landscape architect qualified under the provisions of
subsection (b) of Section 11 herein is $100.
(4) The fee for the renewal of a certificate of
registration shall be calculated at the rate of $100 per
year.
(5) The fee for the restoration of a certificate of
registration is $40, plus payment of all lapsed renewal fees.
(b) General fees:
(1) The fee for the issuance of a duplicate certificate
of registration is $20.
(2) The fee for a certification of a registrant's record
issued for any purpose is $20.
(3) The fee to have the scoring of an examination
administered by the Department reviewed and verified is $20.
(4) The fee for a wall certificate showing registration
shall be the actual cost of producing such certificate.
(5) The fee for rosters as defined in Section 16 shall
be the actual cost of producing such roster.
(Source: P.A. 86-932.)
(225 ILCS 315/15) (from Ch. 111, par. 8115)
Sec. 15. Disposition of funds. All of the fees
collected pursuant to this Act shall be deposited in the
General Professions Dedicated Landscape Architects'
Administration and Investigation Fund.
On January 1, 2000 the State Comptroller shall transfer
the balance of the monies in the Landscape Architects'
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal
year 2000 out of the Landscape Architects' Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
The monies deposited in the General Professions Dedicated
Landscape Architects' Administration and Investigation Fund
may be used shall be appropriated to the Department for the
expenses of the Department in the administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
Money deposited in the Landscape Architects'
Administration and Investigation Fund pursuant to this
Section may be invested and reinvested, with all earnings
received from such investment to be deposited in the
Landscape Architects' Administration and Investigation Fund
and used for the same purposes as fees deposited in such
fund.
(Source: P.A. 89-204, eff. 1-1-96.)
(225 ILCS 315/18.1)
Sec. 18.1. Grounds for Discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department considers appropriate,
including the issuance of fines not to exceed $1,000 for each
violation, with regard to any license for any one or more of
the following:
(1) Material misstatement in furnishing information
to the Department or to any other State agency.
(2) Negligent or intentional disregard of this Act,
or violation of any rules under this Act.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony, or that is a misdemeanor, an essential element of
which is dishonesty, or of any crime that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act or its rules.
(5) Professional incompetence or gross negligence
in the rendering of landscape architectural services.
(6) Aiding or assisting another person in violating
any provision of this Act or any rules.
(7) Failing to provide information within 60 days
in response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to practice
with reasonable skill, judgment, or safety.
(10) Discipline by another jurisdiction, if at
least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered.
(12) A finding by the Board that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(12.5) A finding by the Board that the licensee has
failed to pay a fine imposed by the Department.
(13) Abandonment of a client.
(14) Willfully filing false reports relating to a
licensee's practice, including but not limited to, false
records filed with federal or State agencies or
departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(16) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) Failure to file a return, or to pay the tax,
penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(b) Any fines imposed under this Section shall not
exceed $1,000 for each violation.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Board to the Director that the licensee be allowed to
resume professional practice.
(d) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a person registered under
this Act or who has applied for registration pursuant to this
Act to submit to a mental or physical examination, or both,
as required by and at the expense of the Department. The
examining physicians shall be those specifically designated
by the Board. The Board or the Department may order the
examining physician to present testimony concerning this
mental or physical examination of the registrant or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the registrant or applicant and the examining
physician. The person to be examined may have, at his or her
own expense, another physician of his or her choice present
during all aspects of the examination. Failure of any person
to submit to a mental or physical examination when directed
shall be grounds for suspension of a registration until the
person submits to the examination if the Board finds, after
notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed registration; or, in lieu of care, counseling, or
treatment, the Board may recommend that the Department file a
complaint to immediately suspend, revoke, or otherwise
discipline the registration of the person. Any person whose
registration was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions and who fails to comply with such terms,
conditions, or restrictions shall be referred to the Director
for a determination as to whether the person shall have his
or her registration suspended immediately, pending a hearing
by the Board.
(Source: P.A. 88-363.)
(30 ILCS 105/5.278 rep.)
Section 15. The State Finance Act is amended by
repealing Section 5.278.
Section 99. Effective date. This Act takes effect on
December 30, 1999, except that Section 15 takes effect
January 2, 2000.
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