Public Act 098-0289
 
SB1826 EnrolledLRB098 07550 MGM 37621 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Electronic Commerce Security Act is amended  
by changing Section 5-120 as follows:
 



    (5 ILCS 175/5-120)



    Sec. 5-120. Electronic signatures. 

    (a) Where a rule of law requires a signature, or provides 
for certain
consequences if a
document is not signed, an 
electronic signature satisfies that rule of law.

    (a-5)  In the course of exercising any permitting, 
licensing, or other regulatory function, a municipality may 
accept, but shall not require, documents with an electronic 
signature, including, but not limited to, the technical 
submissions of a design professional with an electronic 
signature. 
    (b) An electronic signature may be proved in any manner, 
including by
showing that a
procedure existed by which a party 
must of necessity have executed a symbol or
security procedure 
for
the purpose of verifying that an electronic record is that 
of such party in
order to proceed further with a
transaction.

    (c) The provisions of this Section shall not apply:


        (1) when its application would involve a construction 
    of a rule of law
that is clearly
inconsistent with the 
    manifest intent of the lawmaking body or repugnant to the

    context of the
same rule of law, provided that the mere 
    requirement of a "signature" or that a
record be
"signed" 
    shall not by itself be sufficient to establish such intent;


        (2) to any rule of law governing the creation or 
    execution of a will or
trust, living
will, or healthcare 
    power of attorney; and


        (3) to any record that serves as a unique and 
    transferable instrument of
rights and
obligations 
    including, without limitation, negotiable instruments and 
    other
instruments of title
wherein possession of the 
    instrument is deemed to confer title, unless an
electronic 
    version of
such record is created, stored, and transferred 
    in a manner that allows for the
existence of only
one 
    unique, identifiable, and unalterable original with the 
    functional
attributes of an equivalent
physical 
    instrument, that can be possessed by only one person, and 
    which cannot
be copied
except in a form that is readily 
    identifiable as a copy.

(Source: P.A. 90-759, eff. 7-1-99.)

 
    Section 10. The Illinois Architecture Practice Act of 1989 
is amended  by changing Section 14 as follows:
 



    (225 ILCS 305/14)  (from Ch. 111, par. 1314)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 14. Display of license; Seal. Every holder of a 
license as a
licensed architect shall display it in a 
conspicuous place in the principal
office of the architect.

    Every licensed architect shall have a reproducible
seal, or 
facsimile,
the print of which shall contain the name of the 
architect, the license
number, and the words "Licensed 
Architect, State of Illinois".  The
licensed architect shall 
affix the signature, current date, date of license
expiration 
and seal to the first sheet of any bound set or loose sheets of

technical submissions utilized as contract
documents between 
the parties to the contract or prepared for the
review and 
approval of any governmental or public authority having

jurisdiction by that licensed architect or under that licensed

architect's responsible control.  The sheet
of technical 
submissions in which the seal is affixed shall indicate those 
documents or
parts thereof for which the seal shall apply.
The 
seal and dates may be electronically affixed. The licensee may 
provide, at his or her sole discretion, an original signature 
in the licensee's handwriting, a scanned copy of the document 
bearing an original signature, or a signature generated by a 
computer.  The signature must be
in the original handwriting of 
the licensee.  Signatures generated by computer
shall not be 
permitted.  All technical submissions issued by any 
corporation,
partnership, professional service corporation, or 
professional design firm as
registered under this Act shall 
contain the corporate or assumed business name
and design firm 
registration number, in addition to any other seal
requirements 
as set forth in this Section.

    "Responsible control" means that amount of control over and 
detailed
professional knowledge of
the content of technical 
submissions during their preparation as is ordinarily

exercised by architects
applying the required professional 
standard of care. Merely reviewing or
reviewing and correcting 
the
technical submissions or any portion thereof prepared by 
those not in the
regular employment of the
office where the 
architect is resident without control over the content of such

work throughout its
preparation does not constitute 
responsible control.

    An architect licensed under the laws of this jurisdiction 
shall not sign and
seal technical
submissions that were not 
prepared by or under the responsible control of the
architect 
except that:


        (1) the architect may sign and seal those portions of 
    the technical
submissions that were
prepared by or under 
    the responsible control of persons who hold a license
under 
    this Act, and
who shall have signed and sealed the 
    documents, if the architect has reviewed
in whole or in

    part such portions and has either coordinated their 
    preparation or integrated
them into his or
her work;


        (2) the architect may sign and seal portions of the 
    professional work that
are not
required by this Act to be 
    prepared by or under the responsible control of an

    architect if the
architect has reviewed and adopted in 
    whole or in part such portions and has
integrated them
into 
    his or her work; and


        (3) a partner or corporate officer of a professional 
    design firm
registered in Illinois
who is licensed under 
    the architecture licensing laws of this State, and who
has 
    professional
knowledge of the content of the technical 
    submissions and intends to be
responsible for the
adequacy 
    of the technical submissions, may sign and seal technical 
    submissions
that are prepared
by or under the responsible 
    control of architects who are licensed in this
State and 
    who are in
the regular employment of the professional 
    design firm.

    The architect exercising responsible control under which 
the documents or
portions of the
documents were prepared shall 
be identified on the documents or portions of the
documents by 
name and
Illinois license number.

    Any licensed architect who signs and seals technical 
submissions not prepared
by that architect
but prepared under 
the architect's responsible control by persons not regularly

employed in the office
where the architect is resident shall 
maintain and make available to the board
upon request for at

least 5 years following such signing and sealing, adequate and 
complete records
demonstrating the
nature and extent of the 
architect's control over and detailed professional
knowledge 
of such
technical submissions throughout their preparation.

(Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02.)

 
    Section 15. The Professional Engineering Practice Act of 
1989 is amended  by changing Section 14 as follows:
 



    (225 ILCS 325/14)  (from Ch. 111, par. 5214)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 14. Seal. Every professional engineer shall
have a 
seal or
stamp, the print of which shall
be reproducible and

contain the name of the
professional engineer, the professional 
engineer's license number, and
the words "Licensed 
Professional Engineer of Illinois".
Any
reproducible stamp 
heretofore authorized under the laws of this
state for use by a

professional engineer, including those with the words 
"Registered
Professional Engineer of Illinois",
shall serve 
the same purpose as the seal provided
for by this Act. The 
engineer shall be responsible for his seal and signature as 
defined by rule.
When technical submissions are prepared 
utilizing a computer or other
electronic means, the seal may be 
generated by the computer. The licensee may provide, at his or 
her sole discretion, an original signature in the licensee's 
handwriting, a scanned copy of the technical submission bearing 
an original signature, or a signature generated by a computer.  
Signatures
generated by computer shall not be permitted.

    The use of a professional engineer's seal on technical 
submissions
constitutes a representation by the professional 
engineer that the work
has been prepared by or under the 
personal supervision of the professional
engineer or developed 
in conjunction with the use of accepted engineering
standards.  
The use of the seal further represents that the work has been

prepared and administered in accordance with the
standards of 
reasonable professional skill and diligence.

    It is unlawful to affix one's seal to technical submissions 
if
it masks the true identity of the person who actually 
exercised
direction, control and supervision of the 
preparation of such work.  A
professional engineer who seals and 
signs technical submissions is not
responsible for damage 
caused by subsequent changes to or uses of those
technical 
submissions, where the subsequent changes or uses, including

changes or uses made by State or local governmental agencies, 
are not
authorized or approved by the professional engineer who 
originally
sealed and signed the technical submissions.

(Source: P.A. 96-626, eff. 8-24-09.)

 
    Section 20. The Illinois Professional Land Surveyor Act of 
1989 is amended  by changing Section 15 as follows:
 



    (225 ILCS 330/15)  (from Ch. 111, par. 3265)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 15. Seal. Every Professional Land Surveyor shall have 
a
reproducible seal or facsimile, which may be computer 
generated, the
impression of which
shall contain the name of 
the land surveyor, his or her place of business,
the license

number, of the Professional Land Surveyor, and the words 
"Professional Land
Surveyor, State of Illinois".  Signatures 
generated by computer or rubber
stamp shall not be permitted.  A

Professional Land Surveyor shall seal all documents prepared by 
or
under the direct supervision and control of the Professional 
Land Surveyor.
Any seal authorized or approved by the 
Department under the Illinois Land
Surveyors Act shall serve 
the same purpose as the seal provided for by this
Act.  The

licensee's written signature and date of signing along with the 
date of license
expiration shall be placed adjacent to the 
seal. The licensee may provide, at his or her sole discretion, 
an original signature in the licensee's handwriting, a scanned 
copy of the document bearing an original signature, or a 
signature generated by a computer. 
    It is unlawful to affix one's seal to documents if it masks 
the true identity of the person who actually exercised 
direction, control, and supervision of the preparation of that 
work. A  Professional  Land Surveyor who seals and signs 
documents is not responsible for damage caused by subsequent 
changes to or uses of those documents where the subsequent 
changes or uses, including changes or uses made by State or 
local governmental agencies, are not authorized or approved by 
the Professional Land Surveyor who originally sealed and signed 
the documents. 

(Source: P.A. 93-467, eff. 1-1-04.)