Full Text of SB0122 96th General Assembly
SB0122eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.20 and by adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: | 22 |
| The Medical Practice Act of 1987. | 23 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
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| (5 ILCS 80/4.30 new)
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| Sec. 4.30. Act repealed on January 1, 2020. The following | 3 |
| Act is repealed on January 1, 2020: | 4 |
| The Illinois Architecture Practice Act of 1989. | 5 |
| Section 10. The Illinois Architecture Practice Act of 1989 | 6 |
| is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, | 7 |
| 13, 21, 22, 23.5, 36, and 38 and by adding Sections 4.5 and | 8 |
| 17.5 as follows:
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| (225 ILCS 305/3) (from Ch. 111, par. 1303)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Application of Act. Nothing in this Act shall be
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| deemed or construed to prevent the practice of structural | 13 |
| engineering as
defined in the Structural Engineering Practice | 14 |
| Act of 1989, the practice
of professional engineering as | 15 |
| defined in the Professional Engineering
Practice Act of 1989, | 16 |
| or the preparation of documents used to prescribe
work to be | 17 |
| done inside buildings for non-loadbearing interior | 18 |
| construction,
furnishings, fixtures and equipment, or the | 19 |
| offering or preparation of
environmental analysis, feasibility | 20 |
| studies, programming or construction
management services by | 21 |
| persons other than those licensed in accordance with
this Act, | 22 |
| the Structural Engineering Practice Act of 1989 or
the | 23 |
| Professional Engineering Practice Act of 1989.
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| Nothing contained in this Act shall prevent the draftsmen, | 2 |
| students,
project representatives and other employees of those | 3 |
| lawfully practicing as
licensed architects under the | 4 |
| provisions of this Act, from acting under the responsible
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| direct supervision and control of their employers, or to | 6 |
| prevent the
employment of project representatives for | 7 |
| enlargement or alteration of
buildings or any parts thereof, or | 8 |
| prevent such project representatives
from acting under the | 9 |
| responsible direct supervision and control of the licensed
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| architect by whom the construction documents including | 11 |
| drawings and
specifications of any such building, enlargement | 12 |
| or alteration were prepared.
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| Nothing in this Act or any other Act shall prevent a | 14 |
| licensed
architect from practicing interior design services. | 15 |
| Nothing in this Act
shall be construed as requiring the | 16 |
| services of an interior designer for
the interior designing of | 17 |
| a single family residence.
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| The involvement of a licensed architect is not required for | 19 |
| the following:
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| (A) The building, remodeling or repairing of any | 21 |
| building
or other structure outside of the corporate limits | 22 |
| of any city or village,
where such building or structure is | 23 |
| to be, or is used for
farm purposes, or for the purposes of | 24 |
| outbuildings or auxiliary buildings
in connection with | 25 |
| such farm premises.
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| (B) The construction, remodeling or repairing of a |
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| detached
single family residence on a single lot.
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| (C) The construction, remodeling or repairing of a
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| two-family residence of wood frame construction on a single | 4 |
| lot, not more
than two stories and basement in height.
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| (D) Interior design services for buildings which
do not | 6 |
| involve life safety or structural changes.
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| However, when an ordinance of a unit of local government | 8 |
| requires the involvement of a licensed architect for any | 9 |
| buildings included in the preceding paragraphs (A) through (D), | 10 |
| the requirements of this Act shall apply. All buildings not | 11 |
| included in the preceding paragraphs (A)
through (D), including | 12 |
| multi-family buildings and buildings previously
exempt from | 13 |
| the involvement of a licensed architect under those paragraphs | 14 |
| but subsequently non-exempt due to a change
in occupancy or | 15 |
| use, are subject to the requirements of this Act. Interior
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| alterations which result in life safety or structural changes | 17 |
| of the
building are subject to the requirements of this Act.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/4) (from Ch. 111, par. 1304)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. In this Act:
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| "Architect, Retired" means a person who has been duly | 23 |
| licensed as an architect by the Department and has chosen to | 24 |
| relinquish or not renew his or her license pursuant to Section | 25 |
| 17.5 of this Act. |
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| "Architectural intern" means an unlicensed person who has | 2 |
| completed the education requirements, is actively | 3 |
| participating in the diversified professional training, and | 4 |
| maintains in good standing a training record as required for | 5 |
| licensure by this Act and may use the title "architectural | 6 |
| intern", but may not independently engage in the practice of | 7 |
| architecture. | 8 |
| "Board" means the Illinois Architecture Licensing Board | 9 |
| appointed by the Secretary. | 10 |
| (a) "Department" means the Department of Financial and | 11 |
| Professional Regulation.
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| "Design build" and "design build entity" means the project | 13 |
| delivery process defined in Title 68, Section 1150.85 of the | 14 |
| Illinois Administrative Code. | 15 |
| (b) "Director" means the Director of Professional | 16 |
| Regulation.
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| (c) "Board" means the Illinois Architecture Licensing | 18 |
| Board appointed by the Director.
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| (d) "Public health" as related to the practice of | 20 |
| architecture means the state of the well-being of the body or | 21 |
| mind of the building user.
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| (e) "Public safety" as related to the practice of | 23 |
| architecture means the state of being reasonably free from risk | 24 |
| of danger, damage, or injury.
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| (f) "Public welfare" as related to the practice of | 26 |
| architecture means the well-being of the building user |
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| resulting from the state of a physical environment that | 2 |
| accommodates human activity. | 3 |
| "Secretary" means the Secretary of Financial and | 4 |
| Professional Regulation.
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| (Source: P.A. 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/4.5 new) | 7 |
| (Section scheduled to be repealed on January 1, 2010) | 8 |
| Sec. 4.5. References to Department or Director of | 9 |
| Professional Regulation. References in this Act (i) to the | 10 |
| Department of Professional Regulation are deemed, in | 11 |
| appropriate contexts, to be references to the Department of | 12 |
| Financial and Professional Regulation and (ii) to the Director | 13 |
| of Professional Regulation are deemed, in appropriate | 14 |
| contexts, to be references to the Secretary of Financial and | 15 |
| Professional Regulation.
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| (225 ILCS 305/5) (from Ch. 111, par. 1305)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Architect defined; Acts constituting practice. | 19 |
| (a) An
architect is a person who is qualified by education, | 20 |
| training, experience,
and examination, and who is licensed | 21 |
| under the laws of this State, to
practice architecture.
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| (b) The practice of architecture within the meaning and | 23 |
| intent of this Act
includes the offering or furnishing of | 24 |
| professional services, such as
consultation, environmental |
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| analysis, feasibility studies, programming,
planning, | 2 |
| aesthetic and structural design, technical submissions
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| consisting of drawings and specifications and other documents | 4 |
| required in
the construction process, administration of | 5 |
| construction contracts, project
representation, and | 6 |
| construction management, in connection with the
construction | 7 |
| of any private or public building, building structure,
building | 8 |
| project, or addition to or alteration or restoration thereof.
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| (c) Nothing contained in this Section imposes upon a person | 10 |
| licensed under this Act the responsibility for the performance | 11 |
| of any of the activities set forth in subsection (b), unless | 12 |
| such person specifically contracts to provide the function. | 13 |
| (Source: P.A. 92-360, eff. 1-1-02.)
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| (225 ILCS 305/6) (from Ch. 111, par. 1306)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Technical submissions. All
technical submissions
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| intended for use in construction in the State of Illinois shall | 18 |
| be prepared
and administered in accordance with standards of | 19 |
| reasonable professional
skill and diligence. Care shall be | 20 |
| taken to reflect the requirements of
State statutes and, where | 21 |
| applicable, county and municipal building
ordinances in such | 22 |
| submissions. In recognition that
architects are licensed
for | 23 |
| the protection of the public health, safety and welfare, | 24 |
| submissions
shall be of such quality and scope, and be so | 25 |
| administered, as to conform to
professional standards.
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| Technical submissions are the designs,
drawings and | 2 |
| specifications which
establish the scope of the architecture to | 3 |
| be constructed, the standard of
quality for materials, | 4 |
| workmanship, equipment, and construction systems,
and the | 5 |
| studies and other technical reports and calculations prepared | 6 |
| in
the
course of the
practice of architecture.
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| No officer, board, commission, or other public entity who | 8 |
| receives technical submissions shall accept for filing or | 9 |
| approval any technical submissions relating to services | 10 |
| requiring the involvement of an architect that do not bear the | 11 |
| seal and signature of an architect licensed under this Act. | 12 |
| It is unlawful to affix one's seal to technical | 13 |
| submissions, if it masks the true identity of the person who | 14 |
| actually exercised responsible control of the preparation of | 15 |
| such work. An architect who seals and signs technical | 16 |
| submissions is not responsible for damage caused by subsequent | 17 |
| changes to or uses of those technical submissions, where the | 18 |
| subsequent changes or uses, including changes or uses made by | 19 |
| State or local governmental agencies, are not authorized or | 20 |
| approved in writing by the architect who originally sealed and | 21 |
| signed the technical submissions. | 22 |
| (Source: P.A. 92-360, eff. 1-1-02.)
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| (225 ILCS 305/8) (from Ch. 111, par. 1308)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. Powers and duties of the Department.
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| (1) Subject to the provisions of this Act, the Department | 2 |
| shall
exercise the following functions, powers, and duties:
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| (a) conduct examinations to ascertain the | 4 |
| qualifications and fitness
of applicants for licensure as | 5 |
| licensed architects, and pass upon the
qualifications and | 6 |
| fitness of applicants for licensure by endorsement;
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| (b) prescribe rules for a method of examination of | 8 |
| candidates;
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| (c) prescribe rules defining what constitutes a | 10 |
| school, college or
university, or department of a | 11 |
| university, or other institution, reputable
and in good | 12 |
| standing, to determine whether or not a school, college or
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| university, or department of a university, or other | 14 |
| institution is
reputable and in good standing by reference | 15 |
| to compliance with such
rules, and to terminate the | 16 |
| approval of such school, college or university
or | 17 |
| department of a university or other institution that | 18 |
| refuses admittance
to applicants solely on the basis of | 19 |
| race, color, creed, sex or national
origin. The Department | 20 |
| may adopt, as its own rules relating to education
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| requirements, those guidelines published from time to time | 22 |
| by the National
Architectural Accrediting Board;
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| (d) prescribe rules for diversified professional | 24 |
| training;
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| (e) conduct oral interviews, disciplinary conferences | 26 |
| and formal
evidentiary hearings on proceedings to impose |
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| fines or to suspend, revoke,
place on probationary status, | 2 |
| reprimand, and refuse to issue or restore any
license | 3 |
| issued under the provisions of this Act for the reasons set | 4 |
| forth
in Section 22 of this Act;
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| (f) issue licenses to those who meet the requirements | 6 |
| of this Act;
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| (g) formulate and publish rules necessary or | 8 |
| appropriate to carrying out
the provisions of this Act; and
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| (h) maintain membership in the National Council of | 10 |
| Architectural
Registration Boards and participate in | 11 |
| activities of the Council by
designation of individuals for | 12 |
| the various classifications of membership and
the | 13 |
| appointment of delegates for attendance at regional and | 14 |
| national meetings
of the Council. All costs associated with | 15 |
| membership and attendance of such
delegates to any national | 16 |
| meetings may be funded from the Design Professionals
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| Administration and Investigation Fund.
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| (2) Prior to issuance of any final decision or order that | 19 |
| deviates from
any report or recommendation of the Board | 20 |
| relating to the qualification of
applicants, discipline of | 21 |
| licensees or registrants, or promulgation of rules,
the | 22 |
| Director shall notify the Board in writing with an explanation | 23 |
| of the deviation and provide a reasonable time for the Board to | 24 |
| submit
written comments to the Director regarding the proposed
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| action. In the event that the Board fails or declines to submit
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| written comments within 30 days of the notification, the |
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| Director
may issue a final decision or order consistent with | 2 |
| the
Director's original decision. The Department may at any | 3 |
| time seek the expert
advice and knowledge of the Board on any | 4 |
| matter relating to the enforcement of
this Act.
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| (3) The Department may in its discretion, but shall not be | 6 |
| required to, retain the ability to employ or utilize the legal | 7 |
| services of outside counsel and the investigative services of | 8 |
| outside personnel to assist the Department. However, no | 9 |
| attorney employed or used by the Department shall prosecute a | 10 |
| matter or provide legal services to the Department or Board | 11 |
| with respect to
the same matter. | 12 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| (225 ILCS 305/9) (from Ch. 111, par. 1309)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Creation of the Board. The Director shall appoint | 16 |
| an
Architecture Licensing Board which will consist of 6 | 17 |
| members.
Five members
shall be licensed architects, one of whom | 18 |
| shall be a tenured member of the
architectural faculty of an | 19 |
| Illinois public university accredited by the National | 20 |
| Architectural Accrediting Board the University of Illinois . | 21 |
| The other 4 shall be
licensed architects, residing in this | 22 |
| State, who have been engaged in the
practice of architecture at | 23 |
| least 10 years. In addition to the 5 licensed
architects, there | 24 |
| shall be one public member. The public member shall be a
voting | 25 |
| member and shall not hold a license as an architect, |
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| professional
engineer, structural engineer or land surveyor.
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| Board members shall serve 5 year terms and until their | 3 |
| successors are
appointed and qualified. In making the | 4 |
| designation of
persons to the Board, the Director shall give | 5 |
| due consideration to
recommendations by members and | 6 |
| organizations of the profession.
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| The membership of the Board should reasonably reflect | 8 |
| representation from
the geographic areas in this State.
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| No member shall be reappointed to the Board for a term | 10 |
| which would cause
his or her continuous service on the Board to | 11 |
| be longer than 10 successive
years.
Service prior to the | 12 |
| effective date of this Act shall not be considered.
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| Appointments to fill vacancies shall be made in the same | 14 |
| manner as
original appointments, for the unexpired portion of | 15 |
| the vacated term.
Initial terms shall begin upon the effective | 16 |
| date of this Act and Board
members in office on that date under | 17 |
| the predecessor Act may be appointed
to specific terms as | 18 |
| indicated in this Section.
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| Persons holding office as members of the Board under the | 20 |
| Illinois
Architecture Act immediately prior to the effective | 21 |
| date of this Act shall
continue as members of the Board under | 22 |
| this Act until the expiration of the
term for which they were | 23 |
| appointed and until their successors are appointed and
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| qualified.
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| A quorum of the Board shall consist of a majority of Board | 26 |
| members
currently appointed. A majority vote of the quorum is |
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| required for Board
decisions.
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| The Director may remove any member of the Board for | 3 |
| misconduct,
incompetence, neglect of duty, or for reasons | 4 |
| prescribed by law for
removal of State officials.
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| The Director may remove a member of the Board who does not | 6 |
| attend 2
consecutive meetings.
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| Notice of proposed rulemaking shall be transmitted to the | 8 |
| Board and the
Department shall review the response of the Board | 9 |
| and any recommendations
made therein. The Department may, at | 10 |
| any time, seek the expert advice and
knowledge of the Board on | 11 |
| any matter relating to the administration or
enforcement of | 12 |
| this Act.
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| Members of the Board are immune from suit in any action | 14 |
| based upon
any disciplinary proceedings or other activities | 15 |
| performed in good faith as
members of the Board.
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/10) (from Ch. 111, par. 1310)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Powers and duties of the Board.
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| (a) The Board shall hold at
least 3 regular meetings each | 21 |
| year.
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| (b) The Board shall annually elect a Chairperson and a Vice | 23 |
| Chairperson who
shall be licensed
architects.
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| (c) The Board, upon request by the Department, may make a | 25 |
| curriculum
evaluation to determine if courses conform to the |
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| requirements of approved
architectural programs.
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| (d) The Board shall assist the Department in conducting | 3 |
| oral interviews,
disciplinary conferences and formal | 4 |
| evidentiary hearings.
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| (e) The Department may, at any time, seek the expert advice | 6 |
| and knowledge
of the Board on any matter relating to the | 7 |
| enforcement of this Act.
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| (f) The Board may appoint a subcommittee to serve as a | 9 |
| Complaint Committee
to recommend the disposition of case files | 10 |
| according to procedures established
by rule in Title 68, | 11 |
| Section 1150.95 of the Illinois Administrative Code .
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| (g) The Board shall review applicant qualifications to sit | 13 |
| for
the examination or for licensure and shall make | 14 |
| recommendations to the
Department. The Department shall review | 15 |
| the Board's recommendations on
applicant qualifications. The | 16 |
| Director shall notify the Board in writing
with an explanation | 17 |
| of any deviation from the Board's recommendation on
applicant | 18 |
| qualifications. After review of the Director's written
| 19 |
| explanation of his or her reasons for deviation, the Board | 20 |
| shall have the
opportunity to comment upon the Director's | 21 |
| decision.
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| (h) The Board shall submit written comments to the Director | 23 |
| within 30 days
from
notification of any final decision or order | 24 |
| from the Director that deviates
from any report or | 25 |
| recommendation of the Board relating to the qualifications
of | 26 |
| applicants, discipline of licensees or registrants , unlicensed |
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| practice , or promulgation of
rules.
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| (i) The Board may recommend that the Department contract | 3 |
| with a corporation or other business entity to assist in the | 4 |
| providing of investigative, legal, prosecutorial, and other | 5 |
| services necessary to perform its duties pursuant to Section | 6 |
| 8.3 of this Act. | 7 |
| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/11) (from Ch. 111, par. 1311)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 11. Application for original license. Applications | 11 |
| for original
licensure shall be made to the Department in | 12 |
| writing on forms prescribed by
the Department and shall be | 13 |
| accompanied by the required fee, which is
not refundable. Any | 14 |
| such application shall require information as in
the judgment | 15 |
| of the Department will enable the Department to pass on the
| 16 |
| qualifications of the applicant to practice architecture.
The | 17 |
| Department may require an applicant, at the applicant's | 18 |
| expense, to have
an evaluation of the applicant's education in | 19 |
| a foreign country by a nationally
recognized educational body | 20 |
| approved by the Board in accordance with rules
prescribed by | 21 |
| the Department.
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| An applicant who has graduated from an architectural | 23 |
| program outside the
United
States or its territories and whose | 24 |
| first language is not English shall submit
certification of | 25 |
| passage of the Test of English as a Foreign Language (TOEFL)
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| and a test of spoken English the Test of Spoken English (TSE) | 2 |
| as defined by rule .
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/12) (from Ch. 111, par. 1312)
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| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 12. Examinations; subjects; failure or refusal to take
| 7 |
| examination. The Department shall authorize examination of | 8 |
| applicants as
architects at such times and places as it may | 9 |
| determine. The examination
shall be in English and shall be | 10 |
| written or written and graphic. It shall
include at a minimum | 11 |
| the following subjects:
| 12 |
| (a) pre-design (environmental analysis, architectural | 13 |
| programming,
and application of principles of project | 14 |
| management and coordination);
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| (b) site planning (site analysis, design and | 16 |
| development, parking,
and application of zoning | 17 |
| requirements);
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| (c) building planning (conceptual planning of | 19 |
| functional and space
relationships, building design, | 20 |
| interior space layout, barrier-free design,
and the | 21 |
| application of the life safety code requirements and | 22 |
| principles of
energy efficient design);
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| (d) building technology (application of structural | 24 |
| systems, building
components, and mechanical and | 25 |
| electrical systems);
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| (e) general structures (identification, resolution, | 2 |
| and incorporation
of structural systems and the long span | 3 |
| design on the technical aspects of
the design of buildings | 4 |
| and the process and construction);
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| (f) lateral forces (identification and resolution of | 6 |
| the effects of
lateral forces on the technical aspects of | 7 |
| the design of buildings and the
process of construction);
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| (g) mechanical and electrical systems (as applied to | 9 |
| the
design of buildings, including plumbing and acoustical | 10 |
| systems);
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| (h) materials and methods (as related to the design of | 12 |
| buildings
and the technical aspects of construction); and
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| (i) construction documents and services (conduct of | 14 |
| architectural
practice as it relates to construction | 15 |
| documents, bidding, and construction
administration and | 16 |
| contractual documents from beginning to end of a building
| 17 |
| project).
| 18 |
| It shall be the responsibility of the applicant to be | 19 |
| familiar with
this Act and its rules.
| 20 |
| Examination subject matter headings and bases on which | 21 |
| examinations are
graded shall be indicated in rules pertaining | 22 |
| to this Act. The Department
may adopt the examinations and | 23 |
| grading procedures of the National Council
of Architectural | 24 |
| Registration Boards. Content of any particular
examination | 25 |
| shall not be considered public record under the Freedom of
| 26 |
| Information Act.
|
|
|
|
SB0122 Engrossed |
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LRB096 02999 ASK 14724 b |
|
| 1 |
| If an applicant neglects without an approved excuse or | 2 |
| refuses to take
the next available examination offered for | 3 |
| licensure under this Act, the
fee paid by the applicant shall | 4 |
| be forfeited. If an applicant fails to
pass an examination for | 5 |
| licensure under this Act within 3 years after
filing an | 6 |
| application, the application shall be denied. The applicant
| 7 |
| may, however, make a new application for examination | 8 |
| accompanied
by the required fee and must furnish proof of | 9 |
| meeting the qualifications
for examination in effect at the | 10 |
| time of the new application.
| 11 |
| An applicant shall have 5 years from the notification of | 12 |
| passage of the first examination to successfully complete all | 13 |
| examinations required by rule of the Department. | 14 |
| The Department may by rule prescribe additional subjects | 15 |
| for examination.
| 16 |
| An applicant has one year from the date of notification of
| 17 |
| successful completion of all the examination requirements to | 18 |
| apply to the
Department for a license. If an applicant fails to | 19 |
| apply within one year,
the applicant shall be required to again | 20 |
| take and pass the examination , unless the Department, upon | 21 |
| recommendation of the Board, determines that there is | 22 |
| sufficient cause for the delay that is not due to the fault of | 23 |
| the applicant .
| 24 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 25 |
| (225 ILCS 305/13) (from Ch. 111, par. 1313)
|
|
|
|
SB0122 Engrossed |
- 19 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 13. Qualifications of applicants. Any person who is of | 3 |
| good
moral character may apply take an examination for | 4 |
| licensure if he
or she
is
a graduate with a first professional | 5 |
| degree in architecture from a program
accredited by the | 6 |
| National Architectural Accrediting Board , has completed the | 7 |
| examination requirements set forth under Section 12 of this | 8 |
| Act, and has
completed such diversified professional training, | 9 |
| including academic
training, as is required by rules of the | 10 |
| Department. Until January 1, 2014, in lieu of the
requirement | 11 |
| of graduation with a first professional degree in architecture
| 12 |
| from a program accredited by the National Architectural | 13 |
| Accrediting Board,
the Department may admit an applicant who is | 14 |
| a graduate with a
pre-professional 4 year baccalaureate degree | 15 |
| accepted for direct entry into
a first professional master of | 16 |
| architecture degree program, and who has
completed such | 17 |
| additional diversified professional training, including
| 18 |
| academic training, as is required by rules of the Department. | 19 |
| The
Department may adopt, as its own rules relating to | 20 |
| diversified professional
training, those guidelines published | 21 |
| from time to time by the National
Council of Architectural | 22 |
| Registration Boards.
| 23 |
| Good moral character means such character as will enable a | 24 |
| person to
discharge the fiduciary duties of an architect to | 25 |
| that person's client and
to the public in a manner which | 26 |
| protects health, safety and welfare. Evidence
of inability to |
|
|
|
SB0122 Engrossed |
- 20 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| discharge such duties may include the commission of an
offense | 2 |
| justifying discipline under Section 22 19 . In addition, the
| 3 |
| Department may take into consideration whether the applicant | 4 |
| has engaged in
conduct or actions that would constitute grounds | 5 |
| for discipline under this
Act.
| 6 |
| (Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
| 7 |
| (225 ILCS 305/17.5 new) | 8 |
| (Section scheduled to be repealed on January 1, 2010) | 9 |
| Sec. 17.5. Architect, Retired. Pursuant to Section 2105-15 | 10 |
| of the Department of Professional Regulation Law of
the Civil | 11 |
| Administrative Code of Illinois, the Department may grant the | 12 |
| title "Architect, Retired" to any person who has been duly | 13 |
| licensed as an architect by the Department and who chooses to | 14 |
| relinquish or not renew his or her license. The Department may, | 15 |
| by rule, exempt from continuing education requirements those | 16 |
| who are granted the title "Architect, Retired". Those persons | 17 |
| granted the title "Architect, Retired" may request restoration | 18 |
| to active status under the applicable provisions of this Act. | 19 |
| The use of the title "Architect, Retired" shall not | 20 |
| constitute representation of current licensure. Any person | 21 |
| without an active license shall not be permitted to practice | 22 |
| architecture as defined in this Act. | 23 |
| Nothing in this Section shall be construed to require the | 24 |
| Department to issue any certificate, credential, or other | 25 |
| official document indicating that a person has been granted the |
|
|
|
SB0122 Engrossed |
- 21 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| title "Architect, Retired".
| 2 |
| (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 21. Professional design firm registration; | 5 |
| conditions.
| 6 |
| (a) Nothing in this Act shall prohibit the formation, under | 7 |
| the provisions
of the Professional Service Corporation Act, of | 8 |
| a corporation to offer
the practice
of architecture.
| 9 |
| Any business, including a
Professional
Service | 10 |
| Corporation, that includes the practice of architecture within | 11 |
| its stated purposes,
practices architecture, or holds itself | 12 |
| out as available to practice
architecture shall
register with | 13 |
| the Department under this Section. Any professional service
| 14 |
| corporation, sole proprietorship, or professional design firm | 15 |
| offering
architectural services must have a resident architect | 16 |
| overseeing the
architectural practices in each location in | 17 |
| which architectural services are
provided.
| 18 |
| Any sole proprietorship not owned and operated by an | 19 |
| Illinois licensed design
professional licensed under this Act | 20 |
| shall be prohibited from offering
architectural services to the | 21 |
| public. "Illinois licensed design professional"
means a person | 22 |
| who holds an active license as an architect under this Act,
as | 23 |
| a structural engineer under the Structural Engineering | 24 |
| Practice Act of
1989, or as a professional engineer under the | 25 |
| Professional Engineering
Practice Act of 1989. Any sole |
|
|
|
SB0122 Engrossed |
- 22 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| proprietorship owned and operated by an
architect with an | 2 |
| active license issued under this Act and conducting or
| 3 |
| transacting such business under an assumed name in accordance | 4 |
| with the
provisions of the Assumed Business Name Act shall | 5 |
| comply with the registration
requirements of a professional | 6 |
| design firm.
Any sole proprietorship owned and
operated by an
| 7 |
| architect with an active license issued under this Act and | 8 |
| conducting or
transacting such business under the real name of | 9 |
| the sole proprietor is
exempt from the
registration | 10 |
| requirements of a professional design firm.
| 11 |
| (b) Any corporation, including a Professional Service
| 12 |
| Corporation, partnership, limited liability company, or | 13 |
| professional
design firm
seeking to be registered under this | 14 |
| Section shall not be registered unless:
| 15 |
| (1) two-thirds of the board of directors, in the case | 16 |
| of a corporation,
or two-thirds of the general partners, in | 17 |
| the case of a partnership, or
two-thirds of the members, in | 18 |
| the case of a limited liability company, are
licensed under | 19 |
| the laws of any State to practice architecture, | 20 |
| professional
engineering, land surveying, or structural | 21 |
| engineering; and
| 22 |
| (2) the person having the architectural practice in | 23 |
| this State in his
charge is (A) a director in the case of a | 24 |
| corporation, a general
partner in the case of a | 25 |
| partnership, or a member in the case of a limited
liability | 26 |
| company, and (B) holds a license under this Act.
|
|
|
|
SB0122 Engrossed |
- 23 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| Any corporation, limited liability company, professional | 2 |
| service
corporation, or partnership qualifying under this | 3 |
| Section and
practicing in this State shall file with the | 4 |
| Department any information
concerning its officers, directors, | 5 |
| members, managers, partners or
beneficial owners as the | 6 |
| Department may, by rule, require.
| 7 |
| (c) No business shall offer the practice or hold itself out | 8 |
| as available
to offer the practice
of architecture until it is | 9 |
| registered with the Department. Every entity registered as a | 10 |
| professional design firm shall display its certificate of | 11 |
| registration or a facsimile thereof in a conspicuous place in | 12 |
| each office offering architectural services.
| 13 |
| (d) Any business seeking to be registered under this
| 14 |
| Section shall make application on a form provided by the | 15 |
| Department and
shall provide any information requested by the | 16 |
| Department, which shall
include but shall not be limited to all | 17 |
| of the following:
| 18 |
| (1) The name and architect's license number of at least | 19 |
| one person
designated as the managing agent in responsible | 20 |
| charge of the practice of
architecture in Illinois. In the | 21 |
| case of a corporation, the corporation
shall also submit a | 22 |
| certified copy of the resolution by the board of
directors | 23 |
| designating at least one managing agent. If a limited | 24 |
| liability
company, the company shall submit a certified | 25 |
| copy of either its articles of
organization or operating | 26 |
| agreement designating the managing agent.
|
|
|
|
SB0122 Engrossed |
- 24 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| (2) The names and architect's, professional | 2 |
| engineer's, structural
engineer's, or land surveyor's | 3 |
| license numbers of the directors, in the
case
of a | 4 |
| corporation,
the members, in the case of a limited | 5 |
| liability company, or general
partners, in the case of a | 6 |
| partnership.
| 7 |
| (3) A list of all locations at which the professional | 8 |
| design firm
provides architectural services.
| 9 |
| (4) A list of all assumed names of the business. | 10 |
| Nothing in this
Section shall be construed to exempt a | 11 |
| business from compliance with the
requirements of the | 12 |
| Assumed Business Name Act.
| 13 |
| It is the responsibility of the professional design firm to
| 14 |
| provide the Department notice, in writing, of any changes in | 15 |
| the
information requested on the application.
| 16 |
| (e) In the event a managing agent is terminated or | 17 |
| terminates his or her
status
as managing agent of the | 18 |
| professional design firm, the managing agent and
professional | 19 |
| design firm shall notify the Department of this fact in | 20 |
| writing,
by
certified mail, within 10 business days of | 21 |
| termination.
| 22 |
| Thereafter, the professional design firm, if it has so | 23 |
| informed the
Department, has 30 days in which to notify the | 24 |
| Department of the name and
architect's license number of the | 25 |
| architect who is the newly designated
managing agent. If a | 26 |
| corporation, the corporation shall also submit a certified
copy |
|
|
|
SB0122 Engrossed |
- 25 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| of a resolution by the board of directors designating the new | 2 |
| managing
agent. If a limited liability company, the company | 3 |
| shall also submit a
certified copy of either its articles of | 4 |
| organization or operating agreement
designating the new | 5 |
| managing agent. The Department may, upon good cause shown,
| 6 |
| extend the original 30 day period.
| 7 |
| If the professional design firm has not notified the | 8 |
| Department in writing,
by certified mail within the specified | 9 |
| time, the registration shall be
terminated without prior | 10 |
| hearing. Notification of termination shall be sent by
certified | 11 |
| mail to the last known address of the business. If the | 12 |
| professional
design firm continues to operate and offer | 13 |
| architectural services after the
termination, the Department | 14 |
| may seek prosecution under Sections 22, 36, and 36a
of this Act | 15 |
| for the unlicensed practice of architecture.
| 16 |
| (f) No professional design firm shall be relieved of | 17 |
| responsibility
for the conduct or acts of its agents, | 18 |
| employees, or officers by reason of
its compliance with this | 19 |
| Section, nor shall any individual practicing
architecture be | 20 |
| relieved of the responsibility for professional services
| 21 |
| performed by reason of the individual's employment or | 22 |
| relationship with a
professional design firm registered under | 23 |
| this Section.
| 24 |
| (g) Disciplinary action against a professional design firm | 25 |
| registered
under this Section shall be administered in the same | 26 |
| manner and on the same
grounds as disciplinary action against a |
|
|
|
SB0122 Engrossed |
- 26 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| licensed architect. All
disciplinary action taken or pending | 2 |
| against a corporation or partnership
before the effective date | 3 |
| of this amendatory Act of 1993 shall be continued or
remain in | 4 |
| effect without the Department filing separate actions.
| 5 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
| 6 |
| (225 ILCS 305/22) (from Ch. 111, par. 1322)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 22. Refusal, suspension and revocation of licenses; | 9 |
| Causes.
| 10 |
| (a) The Department may , singularly or in combination, | 11 |
| refuse to issue or to ,
renew , place on probation, or restore, | 12 |
| or may suspend , or
revoke , or take other disciplinary or | 13 |
| non-disciplinary action as deemed appropriate, including the | 14 |
| imposition of fines any license or registration, or may place | 15 |
| on probation, reprimand,
or fine, with a civil penalty not to | 16 |
| exceed $10,000 for each violation, as the Department may deem | 17 |
| proper, with regard to a license any
person, corporation, or | 18 |
| partnership, or professional design firm licensed or
| 19 |
| registered under this Act for any one or combination of the | 20 |
| following causes reasons :
| 21 |
| (1) material misstatement in furnishing information to | 22 |
| the Department;
| 23 |
| (2) negligence, incompetence or misconduct in the | 24 |
| practice of
architecture;
| 25 |
| (3) failure to comply with any of the provisions of |
|
|
|
SB0122 Engrossed |
- 27 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| this Act or any of the
rules;
| 2 |
| (4) making any misrepresentation for the purpose of | 3 |
| obtaining licensure;
| 4 |
| (5) purposefully making false statements or signing | 5 |
| false statements,
certificates or affidavits to induce | 6 |
| payment;
| 7 |
| (6) conviction or plea of guilty or nolo contendere of | 8 |
| any crime under the laws of the United States , or any
state | 9 |
| or territory thereof that , which is a felony , whether | 10 |
| related to the
practice of architecture or not; or | 11 |
| conviction of any crime, whether a
felony, misdemeanor, or | 12 |
| otherwise, an essential element of which is
dishonesty , | 13 |
| wanton disregard for the rights of others, or that which is | 14 |
| directly
related to the practice of the profession | 15 |
| architecture ;
| 16 |
| (7) aiding or assisting another person in violating any | 17 |
| provision of
this Act or its rules;
| 18 |
| (8) signing, affixing the licensed architect's seal or | 19 |
| permitting the
architect's seal to be affixed to any | 20 |
| technical submission construction documents not prepared
| 21 |
| by the architect or under that architect's responsible | 22 |
| direct supervision and control;
| 23 |
| (9) engaging in dishonorable, unethical or | 24 |
| unprofessional conduct of a
character likely to deceive, | 25 |
| defraud or harm the public;
| 26 |
| (10) habitual intoxication or addiction to the use of |
|
|
|
SB0122 Engrossed |
- 28 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| drugs;
| 2 |
| (11) making a statement of compliance pursuant to the | 3 |
| Environmental
Barriers Act that technical submissions | 4 |
| construction documents prepared by the architect Licensed | 5 |
| Architect or
prepared under the licensed architect's | 6 |
| responsible direct supervision and control for
| 7 |
| construction or alteration of an occupancy required to be | 8 |
| in compliance with
the Environmental Barriers Act are in | 9 |
| compliance with the Environmental
Barriers Act when such | 10 |
| technical submissions construction documents are not in | 11 |
| compliance;
| 12 |
| (12) a finding by the Board that an applicant or | 13 |
| registrant
has failed to pay a fine imposed by the | 14 |
| Department or a
registrant, whose license has been
placed | 15 |
| on probationary status, has violated the terms of | 16 |
| probation;
| 17 |
| (13) discipline by another state, territory, foreign | 18 |
| country, the
District of Columbia, the United States | 19 |
| government, or any other
governmental agency, if at least | 20 |
| one of the grounds for discipline is the
same or | 21 |
| substantially equivalent to those set forth herein;
| 22 |
| (14) failure to provide information in response to a | 23 |
| written request
made by the Department within 30 days after | 24 |
| the receipt of such written
request;
| 25 |
| (15) physical illness, mental illness, or other | 26 |
| impairment that including, but not limited to, |
|
|
|
SB0122 Engrossed |
- 29 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| deterioration
through the aging process or loss of motor | 2 |
| skill which results in the
inability to practice the | 3 |
| profession with reasonable judgment, skill , and or safety , | 4 |
| including without limitation deterioration through the | 5 |
| aging process, mental illness, or disability .
| 6 |
| (a-5) In enforcing this Section, the Board upon a showing | 7 |
| of a possible
violation may request that the Department compel | 8 |
| a person licensed to practice under this Act, or who has
| 9 |
| applied for licensure or certification pursuant to this Act, to | 10 |
| submit to a
mental or physical examination, or both, as | 11 |
| required by and at the expense of
the Department. The examining | 12 |
| physicians shall be those specifically
designated
by the | 13 |
| Department. The Department may order the examining physician to
| 14 |
| present testimony concerning this mental or physical | 15 |
| examination of the
licensee or applicant. No information shall | 16 |
| be excluded by reason of any
common law or statutory privilege | 17 |
| relating to communications between the
licensee or applicant | 18 |
| and the examining physician. The person to be examined
may | 19 |
| have, at his or her own expense, another physician of his or | 20 |
| her choice
present during all aspects of the examination. | 21 |
| Failure of any person to submit
to a mental or physical | 22 |
| examination, when directed, shall be grounds for
suspension of | 23 |
| a license until the person submits to the examination if the
| 24 |
| Department finds, after notice and hearing, that the refusal to | 25 |
| submit to the
examination was without reasonable cause.
| 26 |
| If the Board finds a person unable to practice because of |
|
|
|
SB0122 Engrossed |
- 30 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| the reasons set
forth in this Section, the Board may recommend | 2 |
| that the Department require that person to submit to care,
| 3 |
| counseling, or treatment by physicians approved or designated | 4 |
| by the Department as
a condition, term, or restriction for | 5 |
| continued, reinstated, or renewed
licensure to practice; or, in | 6 |
| lieu of care, counseling, or treatment, the Board
may recommend | 7 |
| to the Department to file a complaint to immediately suspend,
| 8 |
| revoke or otherwise discipline the license of the person. Any | 9 |
| person whose
license was granted, continued, reinstated, | 10 |
| renewed, disciplined, or supervised
subject to such terms, | 11 |
| conditions, or restrictions and who fails to comply with
such | 12 |
| terms, conditions, or restrictions shall be referred to the | 13 |
| Director for
a determination as to whether the person shall | 14 |
| have his or her license
suspended immediately, pending a | 15 |
| hearing by the Board.
| 16 |
| (b) The determination by a circuit court that a licensee is | 17 |
| subject to
involuntary admission or judicial admission, as | 18 |
| provided in the Mental
Health and Developmental Disabilities | 19 |
| Code, operates as an automatic
suspension. Such suspension will | 20 |
| end only upon a finding by a court that
the patient is no | 21 |
| longer subject to involuntary admission or judicial
admission, | 22 |
| the issuance of an order so finding and discharging the | 23 |
| patient, and
the recommendation of the Board to the Director | 24 |
| that the licensee be
allowed to resume practice.
| 25 |
| The Department may refuse to issue or may suspend the | 26 |
| license of any
person who fails to file a return, or to pay the |
|
|
|
SB0122 Engrossed |
- 31 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| tax, penalty or interest
shown in a filed return, or to pay any | 2 |
| final assessment of tax, penalty or
interest, as required by | 3 |
| any tax Act administered by the Illinois
Department of Revenue, | 4 |
| until such time as the requirements of any such tax
Act are | 5 |
| satisfied.
| 6 |
| Persons who assist the Department as consultants or expert | 7 |
| witnesses in
the investigation or prosecution of alleged | 8 |
| violations of the Act,
licensure matters, restoration | 9 |
| proceedings, or criminal prosecutions, shall
not be liable for | 10 |
| damages in any civil action or proceeding as a result of
such | 11 |
| assistance, except upon proof of actual malice. The attorney | 12 |
| general
shall defend such persons in any such action or | 13 |
| proceeding.
| 14 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 15 |
| (225 ILCS 305/23.5)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 23.5. Unlicensed practice; violation; civil penalty.
| 18 |
| (a) Any person who practices, offers to practice, attempts | 19 |
| to practice, or
holds oneself out to practice as an architect | 20 |
| without being licensed under this
Act shall, in
addition to any | 21 |
| other penalty provided by law, pay a civil penalty to the
| 22 |
| Department in an amount not to exceed $10,000 $5,000 for each | 23 |
| offense as determined by
the Department. The civil penalty | 24 |
| shall be assessed by the Department after a
hearing is held in | 25 |
| accordance with the provisions set forth in this Act
regarding |
|
|
|
SB0122 Engrossed |
- 32 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| the provision of a hearing for the discipline of a licensee.
| 2 |
| (a-5) Any entity that advertises architecture services in a | 3 |
| telecommunications directory must include its architecture | 4 |
| firm registration number or, in the case of a sole proprietor, | 5 |
| his or her individual license number. Nothing in this | 6 |
| subsection (a-5) requires the publisher of a | 7 |
| telecommunications directory to investigate or verify the | 8 |
| accuracy of the registration or license number provided by the | 9 |
| advertiser of architecture services.
| 10 |
| (b) The Department has the authority and power to | 11 |
| investigate any and all
unlicensed activity.
| 12 |
| (c) The civil penalty shall be paid within 60 days after | 13 |
| the effective date
of the order imposing the civil penalty. The | 14 |
| order shall constitute a judgment
and may be filed and | 15 |
| execution had thereon in the same manner as any judgment
from | 16 |
| any court of record.
| 17 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 18 |
| (225 ILCS 305/36) (from Ch. 111, par. 1336)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 36. Violations. Each of the following Acts constitutes | 21 |
| a
Class A misdemeanor for the first offense and a Class 4 | 22 |
| felony for a second
or subsequent offense:
| 23 |
| (a) the practice, attempt to practice or offer to | 24 |
| practice architecture,
or the advertising or putting out of | 25 |
| any sign or card or other device which
might indicate to |
|
|
|
SB0122 Engrossed |
- 33 - |
LRB096 02999 ASK 14724 b |
|
| 1 |
| the public that the person is entitled to practice
| 2 |
| architecture, without a license as a licensed architect, or | 3 |
| registration as a
professional design firm issued by the | 4 |
| Department. Each day of practicing
architecture or | 5 |
| attempting to practice architecture, and each instance of
| 6 |
| offering to practice architecture, without a license as a | 7 |
| licensed architect
or registration as a professional | 8 |
| design firm constitutes a separate offense;
| 9 |
| (b) the making of any wilfully false oath or | 10 |
| affirmation in any matter
or proceeding where an oath or | 11 |
| affirmation is required by this Act;
| 12 |
| (c) the affixing of a licensed architect's seal to any | 13 |
| technical submissions construction
documents which have | 14 |
| not been prepared by that architect or under the
| 15 |
| architect's responsible direct supervision and control;
| 16 |
| (d) the violation of any provision of this Act or its | 17 |
| rules;
| 18 |
| (e) using or attempting to use an expired, inactive, | 19 |
| suspended, or
revoked license, or the certificate or seal | 20 |
| of another, or impersonating
another licensee;
| 21 |
| (f) obtaining or attempting to obtain a license or | 22 |
| registration by
fraud; or
| 23 |
| (g) If any person, sole proprietorship, professional | 24 |
| service corporation,
limited liability company, | 25 |
| corporation or partnership, or other entity
practices | 26 |
| architecture or advertises or displays any sign or card or |
|
|
|
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|
| 1 |
| other
device that might indicate to the public that the | 2 |
| person or entity is entitled
to practice as an architect or | 3 |
| use the title "architect" or any of its
derivations unless | 4 |
| the person or other entity holds an active license as an
| 5 |
| architect or registration as a professional design firm in | 6 |
| the State; then, in
addition to any other penalty provided | 7 |
| by law any person or other entity who
violates this | 8 |
| subsection (g) shall forfeit and pay to the Design | 9 |
| Professionals
Administration and Investigation Fund a | 10 |
| civil penalty in an amount determined
by the Department of | 11 |
| not more than $10,000 $5,000 for each offense.
| 12 |
| An unlicensed person who has completed the education | 13 |
| requirements, is actively participating in the diversified | 14 |
| professional training, and maintains in good standing a | 15 |
| training record as required for licensure by this Act may use | 16 |
| the title "architectural intern", but may not independently | 17 |
| engage in the practice of architecture.
| 18 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 19 |
| (225 ILCS 305/38) (from Ch. 111, par. 1338)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 38. Fund; appropriations; investments; audits. Moneys
| 22 |
| deposited in the Design Professionals Administration and | 23 |
| Investigation Fund
shall be appropriated to the Department | 24 |
| exclusively for expenses of the
Department and the Board in the | 25 |
| administration of this Act, the Illinois
Professional Land |
|
|
|
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LRB096 02999 ASK 14724 b |
|
| 1 |
| Surveyor Act of 1989, the Professional Engineering
Practice Act | 2 |
| of 1989, and the Structural Engineering Practice Act of
1989. | 3 |
| The expenses of the Department under this Act shall be limited | 4 |
| to the
ordinary and contingent expenses of the Design | 5 |
| Professionals Dedicated
Employees within the Department as | 6 |
| established under Section 2105-75 of the
Department of | 7 |
| Professional Regulation Law (20 ILCS 2105/2105-75) and other
| 8 |
| expenses related to the administration and enforcement of this | 9 |
| Act.
| 10 |
| Moneys from the Fund may also be used for direct and | 11 |
| allocable indirect
costs related to the public purposes of the | 12 |
| Department of Financial and Professional
Regulation. Moneys in | 13 |
| the Fund may be transferred to the Professions Indirect
Cost | 14 |
| Fund as authorized by Section 2105-300 of the Department of
| 15 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
| 16 |
| All fines and penalties under Sections 22 and 36 shall be | 17 |
| deposited in
the Design Professionals Administration and | 18 |
| Investigation Fund.
| 19 |
| Moneys in the Design Professionals Administration and | 20 |
| Investigation Fund
may be invested and reinvested, with all | 21 |
| earnings received from the
investments to be deposited in the | 22 |
| Design Professionals Administration and
Investigation Fund and | 23 |
| used for the same purposes as fees deposited in
the Fund.
| 24 |
| Upon the completion of any audit of the Department as | 25 |
| prescribed by the
Illinois State Auditing Act that includes an | 26 |
| audit of the Design
Professionals Administration and |
|
|
|
SB0122 Engrossed |
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|
| 1 |
| Investigation Fund, the Department shall
make the audit open to | 2 |
| inspection by any interested person. The copy of
the audit | 3 |
| report required to be submitted to the Department by this
| 4 |
| Section is an addition to copies of audit reports required to | 5 |
| be submitted
to other State officers and agencies by Section | 6 |
| 3-14 of the Illinois
State Auditing Act.
| 7 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239, | 8 |
| eff. 1-1-00;
92-16, eff. 6-28-01.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.20 |
|
| 4 |
| 5 ILCS 80/4.30 new |
|
| 5 |
| 225 ILCS 305/3 |
from Ch. 111, par. 1303 |
| 6 |
| 225 ILCS 305/4 |
from Ch. 111, par. 1304 |
| 7 |
| 225 ILCS 305/4.5 new |
|
| 8 |
| 225 ILCS 305/5 |
from Ch. 111, par. 1305 |
| 9 |
| 225 ILCS 305/6 |
from Ch. 111, par. 1306 |
| 10 |
| 225 ILCS 305/8 |
from Ch. 111, par. 1308 |
| 11 |
| 225 ILCS 305/9 |
from Ch. 111, par. 1309 |
| 12 |
| 225 ILCS 305/10 |
from Ch. 111, par. 1310 |
| 13 |
| 225 ILCS 305/11 |
from Ch. 111, par. 1311 |
| 14 |
| 225 ILCS 305/12 |
from Ch. 111, par. 1312 |
| 15 |
| 225 ILCS 305/13 |
from Ch. 111, par. 1313 |
| 16 |
| 225 ILCS 305/17.5 new |
|
| 17 |
| 225 ILCS 305/21 |
from Ch. 111, par. 1321 |
| 18 |
| 225 ILCS 305/22 |
from Ch. 111, par. 1322 |
| 19 |
| 225 ILCS 305/23.5 |
|
| 20 |
| 225 ILCS 305/36 |
from Ch. 111, par. 1336 |
| 21 |
| 225 ILCS 305/38 |
from Ch. 111, par. 1338 |
| |
|