[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2647
LRB9100291ACtmA
1 AN ACT concerning regulated professions, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Sunset Act is amended by
6 changing Section 4.10 and adding Section 4.20 as follows:
7 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
8 Sec. 4.10. The following Acts are repealed December 31,
9 1999:
10 The Fire Equipment Distributor and Employee Regulation
11 Act.
12 The Professional Engineering Practice Act of 1989.
13 The Structural Engineering Licensing Act of 1989.
14 The Illinois Architecture Practice Act of 1989.
15 The Illinois Landscape Architecture Act of 1989.
16 The Illinois Professional Land Surveyor Act of 1989.
17 The Land Sales Registration Act of 1989.
18 The Real Estate License Act of 1983.
19 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20 86-1007; 86-1028.)
21 (5 ILCS 80/4.20 new)
22 Sec. 4.20. Acts repealed on January 1, 2010. The
23 following Acts are repealed on January 1, 2010:
24 The Illinois Architecture Practice Act of 1989.
25 The Professional Engineering Practice Act of 1989.
26 The Illinois Professional Land Surveyor Act of 1989.
27 The Structural Engineering Practice Act of 1989.
28 Section 15. The Architectural, Engineering, and Land
29 Surveying Qualifications Based Selection Act is amended by
-2- LRB9100291ACtmA
1 changing Sections 15 and 65 as follows:
2 (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
3 Sec. 15. Definitions. As used in this Act:
4 "Architectural services" means any professional service
5 as defined in Section 5 of the Illinois Architecture Practice
6 Act of 1989.
7 "Engineering services" means any professional service as
8 defined in Section 4 of the Professional Engineering Practice
9 Act of 1989 or Section 5 of the Structural Engineering
10 Practice Licensing Act of 1989.
11 "Firm" means any individual, sole proprietorship, firm,
12 partnership, corporation, association, or other legal entity
13 permitted by law to practice the profession of architecture,
14 engineering, or land surveying and provide those services.
15 "Land surveying services" means any professional service
16 as defined in Section 5 of the Illinois Professional Land
17 Surveyor Act of 1989.
18 "Project" means any capital improvement project or any
19 design, study, plan, survey, or new or existing program
20 activity of a State agency, including development of new or
21 existing programs that require architectural, engineering, or
22 land surveying services.
23 "State agency" means any department, commission, council,
24 board, bureau, committee, institution, agency, university,
25 government corporation, authority, or other establishment or
26 official of this State.
27 (Source: P.A. 87-673.)
28 (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
29 Sec. 65. Scope. No person, corporation, or partnership
30 licensed or registered under the Illinois Architecture
31 Practice Act of 1989, the Professional Engineering Practice
32 Act of 1989, the Structural Engineering Practice Licensing
-3- LRB9100291ACtmA
1 Act of 1989, or the Illinois Professional Land Surveyor Act
2 of 1989 shall engage in any act or conduct, or be a party to
3 any contract, or agreement, in violation of the provisions of
4 this Act.
5 (Source: P.A. 87-673.)
6 Section 20. The Local Government Professional Services
7 Selection Act is amended by changing Section 3 as follows:
8 (50 ILCS 510/3) (from Ch. 85, par. 6403)
9 Sec. 3. Definitions. As used in this Act unless the
10 context specifically requires otherwise:
11 (1) "Firm" means any individual, firm, partnership,
12 corporation, association or other legal entity permitted by
13 law to practice the profession of architecture, engineering
14 or land surveying and provide architectural, engineering or
15 land surveying services.
16 (2) "Architectural services" means any professional
17 service as defined in Section 5 of the Illinois Architecture
18 Practice Act of 1989.
19 (3) "Engineering services" means any professional
20 service as defined in Section 4 of the Professional
21 Engineering Practice Act of 1989 or Section 5 of the
22 Structural Engineering Practice Licensing Act of 1989.
23 (4) "Land surveying services" means any professional
24 service as defined in Section 5 of the Illinois Professional
25 Land Surveyor Act of 1989.
26 (5) "Political subdivision" means any school district
27 and any unit of local government of fewer than 3,000,000
28 inhabitants, except home rule units.
29 (6) "Project" means any capital improvement project or
30 any study, plan, survey or new or existing program activity
31 of a political subdivision, including development of new or
32 existing programs which require architectural, engineering or
-4- LRB9100291ACtmA
1 land surveying services.
2 (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
3 Section 25. The Civil Administrative Code of Illinois is
4 amended by changing Section 62.1 as follows:
5 (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
6 Sec. 62.1. Design Professionals Dedicated Employees.
7 There is established within the Department of Professional
8 Regulation certain design professionals dedicated employees.
9 These employees shall be devoted exclusively to the
10 administration and enforcement of the Illinois Architecture
11 Practice Act, the Illinois Professional Land Surveyor Act of
12 1989, the Professional Engineering Practice Act of 1989, and
13 the Structural Engineering Practice Licensing Act of 1989.
14 The design professionals dedicated employees that the
15 Director shall employ, in conformity with the Personnel Code,
16 at a minimum shall consist of one full-time design licensing
17 Coordinator, one full-time Assistant Coordinator, 4 full-time
18 licensing clerks, one full-time attorney, and 2 full-time
19 investigators. These employees shall work exclusively in the
20 licensing and enforcement of the design profession Acts set
21 forth in this Section and shall not be used for the licensing
22 and enforcement of any other Act or other duties in the
23 Department of Professional Regulation.
24 (Source: P.A. 87-781.)
25 Section 30. The Illinois Architecture Practice Act of
26 1989 is amended by changing Sections 3, 8, 9, 10, 11, 12, 13,
27 14, 19, 21, 22, and 38 and adding Section 16.5 as follows:
28 (225 ILCS 305/3) (from Ch. 111, par. 1303)
29 Sec. 3. Application of Act. Nothing in this Act shall
30 be deemed or construed to prevent the practice of structural
-5- LRB9100291ACtmA
1 engineering as defined in the Structural Engineering Practice
2 Licensing Act of 1989, the practice of professional
3 engineering as defined in the Professional Engineering
4 Practice Act of 1989, or the preparation of documents used to
5 prescribe work to be done inside buildings for
6 non-loadbearing interior construction, furnishings, fixtures
7 and equipment, or the offering or preparation of
8 environmental analysis, feasibility studies, programming or
9 construction management services by persons other than those
10 licensed in accordance with this Act, the Structural
11 Engineering Practice Licensing Act of 1989 or the
12 Professional Engineering Practice Act of 1989.
13 Nothing contained in this Act shall prevent the
14 draftsmen, students, project representatives and other
15 employees of those lawfully practicing as licensed architects
16 under the provisions of this Act, from acting under the
17 direct supervision and control of their employers, or to
18 prevent the employment of project representatives for
19 enlargement or alteration of buildings or any parts thereof,
20 or prevent such project representatives from acting under the
21 direct supervision and control of the licensed architect by
22 whom the construction documents including drawings and
23 specifications of any such building, enlargement or
24 alteration were prepared.
25 Nothing in this Act or any other Act shall prevent a
26 registered architect from practicing interior design
27 services. Nothing in this Act shall be construed as
28 requiring the services of an interior designer for the
29 interior designing of a single family residence.
30 This Act does not apply to any of the following:
31 (A) The building, remodeling or repairing of any
32 building or other structure outside of the corporate
33 limits of any city or village, where such building or
34 structure is to be, or is used for farm residential or
-6- LRB9100291ACtmA
1 farm purposes, or for the purposes of outbuildings or
2 auxiliary buildings in connection with such residential
3 or farm premises.
4 (B) The construction, remodeling or repairing of a
5 detached single family residence on a single lot.
6 (C) The construction, remodeling or repairing of a
7 two-family residence of wood frame construction on a
8 single lot, not more than two stories and basement in
9 height.
10 (D) Interior design services for buildings which do
11 not involve life safety or structural changes.
12 However, all buildings not included in the preceding
13 paragraphs (A) through (D), including multi-family buildings
14 and buildings previously exempt under those paragraphs but
15 subsequently non-exempt due to a change in occupancy or use,
16 are subject to the requirements of this Act. Interior
17 alterations which result in life safety or structural changes
18 of the building are subject to the requirements of this Act.
19 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
20 (225 ILCS 305/8) (from Ch. 111, par. 1308)
21 Sec. 8. Powers and duties of the Department. Subject to
22 the provisions of this Act, the Department shall exercise the
23 following functions, powers and duties:
24 (a) Conduct examinations to ascertain the qualifications
25 and fitness of applicants for licensure as licensed
26 architects, and pass upon the qualifications and fitness of
27 applicants for licensure by endorsement;
28 (b) Prescribe rules for a method of examination of
29 candidates;
30 (c) Prescribe rules defining what constitutes a school,
31 college or university, or department of a university, or
32 other institution, reputable and in good standing, to
33 determine whether or not a school, college or university, or
-7- LRB9100291ACtmA
1 department of a university, or other institution is reputable
2 and in good standing by reference to a compliance with such
3 rules, and to terminate the approval of such school, college
4 or university or department of a university or other
5 institution that refuses admittance to applicants solely on
6 the basis of race, color, creed, sex or national origin. The
7 Department may adopt, as its own rules relating to education
8 requirements, those guidelines published from time to time by
9 the National Architectural Accrediting Board;
10 (d) Prescribe rules for diversified professional
11 training;
12 (e) Conduct oral interviews, disciplinary conferences
13 and formal evidentiary hearings on proceedings to impose
14 fines or to suspend, revoke, place on probationary status,
15 reprimand, and refuse to issue or restore any license issued
16 under the provisions of this Act for the reasons set forth in
17 Section 22 of this Act;
18 (f) Issue licenses to those who meet the requirements of
19 this Act; and
20 (g) Formulate and publish rules necessary or appropriate
21 to carrying out the provisions of this Act.
22 (h) To maintain membership in the National Council of
23 Architectural Registration Boards and participate in
24 activities of the Council by designation of individuals for
25 the various classifications of membership and the appointment
26 of delegates for attendance at regional and national meetings
27 of the Council. All costs associated with membership and
28 attendance of such delegates to any national meetings may be
29 funded from the Design Professionals Administration and
30 Investigation Fund.
31 Prior to issuance of any final decision or order that
32 deviates from any report or recommendation of the Board
33 relating to the qualification of applicants, discipline of
34 licensees or registrants, or promulgation of rules, the
-8- LRB9100291ACtmA
1 Director shall notify the Board in writing with an
2 explanation of any such deviation and provide a reasonable
3 time for the Board to submit writing comments to the Director
4 regarding the proposed action. In the event that the Board
5 fails or declines to submit such written comments within 30
6 days of said notification, the Director may issue a final
7 decision or orders consistent with the Director's original
8 decision. The Department may at any time seek the expert
9 advice and knowledge of the Board on any matter relating to
10 the enforcement of this Act.
11 (Source: P.A. 86-702.)
12 (225 ILCS 305/9) (from Ch. 111, par. 1309)
13 Sec. 9. Creation of the Board. The Director shall
14 appoint an Architecture Architect Licensing Board which will
15 consist of 6 members. Five members shall be licensed
16 architects, one of whom shall be a tenured member of the
17 architectural faculty of the University of Illinois. The
18 other 4 shall be licensed architects, residing in this State,
19 who have been engaged in the practice of architecture at
20 least 10 years. In addition to the 5 licensed architects,
21 there shall be one public member. The public member shall be
22 a voting member and shall not hold a license as an architect,
23 professional engineer, structural engineer or land surveyor.
24 Board members shall serve 5 year terms and until their
25 successors are appointed and qualified. For the initial
26 appointments made under this Act, however, 2 members shall be
27 appointed to serve for a period of one year, 2 members shall
28 be appointed to serve for a period of 3 years, and one member
29 shall be appointed for a period of 5 years. The public member
30 shall be appointed to an initial term of 5 years. In making
31 the designation of persons to the Board, the Director shall
32 give due consideration to recommendations by members and
33 organizations of the profession.
-9- LRB9100291ACtmA
1 The membership of the Board should reasonably reflect
2 representation from the geographic areas in this State.
3 No member shall be reappointed to the Board for a term
4 which would cause his continuous service on the Board to be
5 longer than 10 successive years. Service prior to the
6 effective date of this Act shall not be considered.
7 Appointments to fill vacancies shall be made in the same
8 manner as original appointments, for the unexpired portion of
9 the vacated term. Initial terms shall begin upon the
10 effective date of this Act and Board members in office on
11 that date under the predecessor Act may be appointed to
12 specific terms as indicated in this Section.
13 Persons holding office as members of the Board under the
14 Illinois Architecture Act immediately prior to the effective
15 date of this Act shall continue as members of the Board under
16 this Act until the expiration of the term for which they were
17 appointed and until their successors are appointed and
18 qualified.
19 A quorum of the Board shall consist of a majority of
20 Board members currently appointed. A majority vote of the
21 quorum is required for Board decisions. Four members shall
22 constitute a quorum of Board members. The Chairman shall
23 only vote on all matters to come before the Board in the case
24 of a tie vote.
25 The Director may remove any member of the Board for
26 misconduct, incompetence, neglect of duty, or for reasons
27 prescribed by law for removal of State officials.
28 The Director may remove a member of the Board who does
29 not attend 2 consecutive meetings.
30 The Director may terminate the appointment of any member
31 for cause which in the opinion of the Director reasonably
32 justifies such termination.
33 Notice of proposed rulemaking shall be transmitted to the
34 Board and the Department shall review the response of the
-10- LRB9100291ACtmA
1 Board and any recommendations made therein. The Department
2 may, at any time, seek the expert advice and knowledge of the
3 Board on any matter relating to the administration or
4 enforcement of this Act.
5 Members of the Board are immune from suit in any action
6 based upon any disciplinary proceedings or other activities
7 performed in good faith as members of the Board.
8 (Source: P.A. 86-702; 87-593.)
9 (225 ILCS 305/10) (from Ch. 111, par. 1310)
10 Sec. 10. Powers and duties of the Board.
11 (a) The Board shall hold at least 3 regular meetings each
12 year.;
13 (b) The Board shall annually elect a Chairperson and a
14 Vice Chairperson Chairman who shall be a licensed architects.
15 architect;
16 (c) The Board, upon request by the Department, may make
17 a curriculum evaluation to determine if courses conform to
18 the requirements of approved architectural programs.;
19 (d) The Board shall assist the Department in conducting
20 oral interviews, disciplinary conferences and formal
21 evidentiary hearings.;
22 (e) The Department may, at any time, seek the expert
23 advice and knowledge of the Board on any matter relating to
24 the enforcement of this Act.;
25 (f) The Board may appoint a subcommittee to serve as a
26 Complaint Committee to recommend the disposition of case
27 files according to procedures established by rule.;
28 (g) The Board shall review applicant qualifications to
29 sit for the examination or for licensure and shall make
30 recommendations to the Department. The Department shall
31 review the Board's recommendations on applicant
32 qualifications. The Director shall notify the Board in
33 writing with an explanation of any deviation from the Board's
-11- LRB9100291ACtmA
1 recommendation on applicant qualifications. After review of
2 the Director's written explanation of his reasons for
3 deviation, the Board shall have the opportunity to comment
4 upon the Director's decision.
5 (h) The Board shall submit written comments to the
6 Director within 30 days from notification of any final
7 decision or order from the Director that deviates from any
8 report or recommendation of the Board relating to the
9 qualifications of applicants, discipline of licensees or
10 registrants, or promulgation of rules.
11 (Source: P.A. 88-428.)
12 (225 ILCS 305/11) (from Ch. 111, par. 1311)
13 Sec. 11. Application for original license. Applications
14 for original licensure shall be made to the Department in
15 writing on forms prescribed by the Department and shall be
16 accompanied by the required fee, which is not refundable.
17 Any such application shall require information as in the
18 judgment of the Department will enable the Department to pass
19 on the qualifications of the applicant to practice
20 architecture. The Department may require an applicant, at the
21 applicant's expense, to have an evaluation of the applicant's
22 education in a foreign country by a nationally recognized
23 educational body approved by the Board in accordance with
24 rules prescribed by the Department.
25 An applicant who has graduated from an architectural
26 program outside the United States or its territories and
27 whose first language is not English shall submit
28 certification of passage of the Test of English as a Foreign
29 Language (TOEFL) and the Test of Spoken English (TSE) as
30 defined by rule before taking the licensure examination.
31 (Source: P.A. 89-594, eff. 8-1-96.)
32 (225 ILCS 305/12) (from Ch. 111, par. 1312)
-12- LRB9100291ACtmA
1 Sec. 12. Examinations; subjects; failure or refusal to
2 take examination. The Department shall authorize examination
3 of applicants as architects at such times and places as it
4 may determine. The examination shall be in English and shall
5 be written or written and graphic. It shall include at a
6 minimum the following subjects:
7 (a) pre-design, environmental analysis and
8 programming;
9 (b) site design;
10 (c) building design;
11 (d) structural technology (general, long span, and
12 lateral);
13 (e) life safety codes and technology, and energy
14 efficient design;
15 (f) barrier free design;
16 (g) mechanical, plumbing, and electrical systems
17 (principles of sanitation and ventilation as applied to
18 buildings);
19 (h) materials and methods;
20 (i) construction documents, technical submissions,
21 and professional practice, including the contractual
22 duties of an architect; and
23 It shall be the responsibility of the applicant to
24 be familiar with this Act and its rules.
25 Examination subject matter headings and bases on which
26 examinations are graded shall be indicated in rules
27 pertaining to this Act. The Department may adopt the
28 examinations and grading procedures of the National Council
29 of Architectural Registration Boards. Content of any
30 particular examination shall not be considered public record
31 under the Freedom of Information Act.
32 If an applicant neglects without an approved excuse or
33 refuses to take the next available examination offered for
34 licensure under this Act, the fee paid by the applicant shall
-13- LRB9100291ACtmA
1 be forfeited. If an applicant fails to pass an examination
2 for licensure under this Act within 3 6 years after filing an
3 application, the application shall be denied. The applicant
4 may, however, make a new application for examination
5 accompanied by the required fee and must furnish proof of
6 meeting the qualifications for examination in effect at the
7 time of the new application.
8 The Department may by rule prescribe additional subjects
9 for examination.
10 An applicant has one year from the date of notification
11 of successful completion of all the examination requirements
12 to apply to the Department for a license. If an applicant
13 fails to apply within one year, the applicant shall be
14 required to again take and pass the examination.
15 (Source: P.A. 86-702; 87-593.)
16 (225 ILCS 305/13) (from Ch. 111, par. 1313)
17 Sec. 13. Qualifications of applicants. Any person who
18 is of good moral character may take an examination for
19 licensure if he or she is a graduate with a first
20 professional degree in architecture from a program accredited
21 by the National Architectural Accrediting Board and has
22 completed such diversified professional training, including
23 academic training, as is required by rules of the Department.
24 In lieu of the requirement of graduation with a first
25 professional degree in architecture from a program accredited
26 by the National Architectural Accrediting Board, the
27 Department may admit an applicant who is a graduate with a
28 pre-professional 4 year baccalaureate degree accepted for
29 direct entry into a first professional master of architecture
30 degree program, and who has completed such additional
31 diversified professional training, including academic
32 training, as is required by rules of the Department. The
33 Department may adopt, as its own rules relating to
-14- LRB9100291ACtmA
1 diversified professional training, those guidelines published
2 from time to time by the National Council of Architectural
3 Registration Boards.
4 Good moral character means such character as will enable
5 a person to discharge the fiduciary duties of an architect to
6 that person's client and to the public in a manner which
7 protects health, safety and welfare. Evidence of inability
8 to discharge such duties may include the commission of an
9 offense justifying discipline under Section 19. In addition,
10 the Department may take into consideration whether the
11 applicant has engaged in conduct or actions that would
12 constitute grounds for discipline under this Act any felony
13 conviction of the applicant, but such a conviction shall not
14 operate as an absolute bar to qualification for examination
15 for licensure.
16 (Source: P.A. 89-387, eff. 8-20-95.)
17 (225 ILCS 305/14) (from Ch. 111, par. 1314)
18 Sec. 14. Display of license; Seal. Every holder of a
19 license as a licensed architect shall display it in a
20 conspicuous place in the principal office of the architect.
21 Every licensed architect shall have a reproducible seal,
22 or facsimile, the print of which shall contain the name of
23 the architect, the license number, and the words "Licensed
24 Architect, State of Illinois". The licensed architect shall
25 affix the signature, current date, date of license expiration
26 and seal to the first sheet of any bound set or loose sheets
27 of construction documents utilized as contract documents or
28 prepared for the review and approval of any governmental or
29 public authority having jurisdiction by that licensed
30 architect or under that licensed architect's direct
31 supervision and control. The sheet of construction documents
32 in which the seal is affixed shall indicate those documents
33 or parts thereof for which the seal shall apply. The seal and
-15- LRB9100291ACtmA
1 dates may be electronically affixed. The signature must be
2 in the original handwriting of the licensee. Signatures
3 generated by computer shall not be permitted. All
4 construction documents issued by any corporation,
5 partnership, professional service corporation, or
6 professional design firm as registered under this Act shall
7 contain the corporate or assumed business name and design
8 firm registration number, in addition to any other seal
9 requirements as set forth in this Section.
10 "Direct supervision and control" means that the architect
11 has exerted sufficient personal supervision, control, and
12 review of the activities of those employed to perform
13 architectural work to ensure that the construction documents
14 produced by those so employed and sealed by the architect
15 meet the standards of reasonable professional skill and
16 diligence and are of no lesser quality than if they had been
17 produced personally by the architect. The architect is
18 obligated to have detailed professional knowledge of the
19 construction documents the architect seals and to have
20 exercised professional judgement in all architectural matters
21 embodied in those construction documents. Merely reviewing
22 the construction documents produced by others, even if they
23 are licensed, does not constitute "direct supervision and
24 control" by the architect unless the architect has actually
25 exercised the supervision and control over the preparation of
26 the construction documents provided for in this Section.
27 (Source: P.A. 86-702; 86-1028.)
28 (225 ILCS 305/16.5 new)
29 Sec. 16.5. Continuing education. The Department may
30 promulgate rules of continuing education for persons licensed
31 under this Act. The Department shall consider the
32 recommendations of the Board in establishing the guidelines
33 for the continuing education requirements. The requirements
-16- LRB9100291ACtmA
1 of this Section apply to any person seeking renewal or
2 restoration under Section 16 or 17 of this Act.
3 (225 ILCS 305/19) (from Ch. 111, par. 1319)
4 Sec. 19. Fees.
5 (a) The Department shall provide by rule for a schedule
6 of fees to be paid for licenses by all applicants. All fees
7 are not refundable.
8 (b) The fees for the administration and enforcement of
9 this Act, including but not limited to original licensure,
10 renewal, and restoration, shall be set by rule by the
11 Department. The following fees are not refundable.
12 (a) Licensure fees.
13 (1) The fee for application for a license is $100.
14 (2) In addition, applicants for any examination are
15 required to pay, either to the Department or to the
16 designated testing service, a fee covering the cost of
17 determining the applicant's eligibility and providing the
18 examination. Failure to appear for the examination on
19 the scheduled date, at the time and place specified,
20 after the applicant's application for examination has
21 been received and acknowledged by the Department or the
22 designated testing service, shall result in the
23 forfeiture of the examination fee.
24 (3) The fee for a license for an architect
25 registered or licensed under the laws of another state or
26 territory of the United States or province is $100.
27 (4) The fee for the renewal of a license shall be
28 $60.
29 (5) The fee for the restoration of a license other
30 than from inactive status is $10 plus payment of all
31 lapsed renewal fees.
32 (6) The fee for application for a license as an
33 architecture corporation or partnership is $75.
-17- LRB9100291ACtmA
1 (7) The fee for renewal of a license or certificate
2 of registration as a professional design firm is $75.
3 (b) General fees.
4 (1) The fee for the issuance of a duplicate
5 license, for the issuance of a replacement license for a
6 license which has been lost or destroyed or for the
7 issuance of a license with a change of name or address
8 other than during the renewal period is $20. No fee is
9 required for name and address changes on Department
10 records when no duplicate license is issued.
11 (2) The fee for a certification of a licensee's
12 record for any purpose is $20.
13 (3) The fee for rescoring an examination is the
14 cost to the Department of rescoring the examination, plus
15 any fees charged by the applicable testing service to
16 have the examination rescored.
17 (4) The fee for a wall certificate showing
18 licensure is the actual cost of producing such
19 certificate.
20 (5) The fee for a roster of licensed architects in
21 this State is the actual cost of producing such a roster.
22 Professional Administration and Investigation Fund. Of the
26 moneys deposited into the Design Professionals Administration
27 and Investigation Fund, the Department may use such funds as
28 necessary and available to produce and distribute newsletters
29 to persons licensed under this Act.
30 Any person who delivers a check or other payment to the
31 Department that is returned to the Department unpaid by the
32 financial institution upon which it is drawn shall pay to the
33 Department, in addition to the amount already owed to the
34 Department, a fine of $50. If the check or other payment was
-18- LRB9100291ACtmA
1 for a renewal or issuance fee and that person practices
2 without paying the renewal fee or issuance fee and the fine
3 due, an additional fine of $100 shall be imposed. The fines
4 imposed by this Section are in addition to any other
5 discipline provided under this Act for unlicensed practice or
6 practice on a nonrenewed license. The Department shall notify
7 the person that payment of fees and fines shall be paid to
8 the Department by certified check or money order within 30
9 calendar days of the notification. If, after the expiration
10 of 30 days from the date of the notification, the person has
11 failed to submit the necessary remittance, the Department
12 shall automatically terminate the license or certificate or
13 deny the application, without hearing. If, after termination
14 or denial, the person seeks a license or certificate, he or
15 she shall apply to the Department for restoration or issuance
16 of the license or certificate and pay all fees and fines due
17 to the Department. The Department may establish a fee for the
18 processing of an application for restoration of a license or
19 certificate to pay all expenses of processing this
20 application. The Director may waive the fines due under this
21 Section in individual cases where the Director finds that the
22 fines would be unreasonable or unnecessarily burdensome.
23 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
24 (225 ILCS 305/21) (from Ch. 111, par. 1321)
25 Sec. 21. Professional design firm registration;
26 conditions.
27 (a) Nothing in this Act shall prohibit the formation,
28 under the provisions of the Professional Service Corporation
29 Act, of a corporation to offer the practice of architecture.
30 Any business, including a not formed under the provisions
31 of the Professional Service Corporation, that Act and not
32 registered as such with the Department, and which includes
33 the practice of architecture within its stated purposes,
-19- LRB9100291ACtmA
1 practices architecture, or holds itself out as available to
2 practice architecture, shall register with the Department
3 under this Section. Any professional service corporation,
4 sole proprietorship, or professional design firm offering
5 architectural services must have a resident architect
6 overseeing the architectural practices in each location in
7 which architectural services are provided.
8 Any sole proprietorship not owned and operated by an
9 Illinois licensed design professional licensed under this Act
10 shall be prohibited from offering architectural services to
11 the public. "Illinois licensed design professional" means a
12 person who holds an active license as an architect under this
13 Act, as a structural engineer under the Structural
14 Engineering Practice Licensing Act of 1989, or as a
15 professional engineer under the Professional Engineering
16 Practice Act of 1989. Any sole proprietorship owned and
17 operated by an architect with an active license issued under
18 this Act and conducting or transacting such business under an
19 assumed name in accordance with the provisions of the Assumed
20 Business Name Act shall comply with the registration
21 requirements of a professional design firm. Any sole
22 proprietorship owned and operated by an architect with an
23 active license issued under this Act and conducting or
24 transacting such business under the real name of the sole
25 proprietor is exempt from the registration requirements of a
26 professional design firm.
27 (b) Any corporation, including a Professional Service
28 Corporation, partnership, limited liability company, or
29 professional design firm seeking to be registered under this
30 Section shall not be registered unless:
31 (1) two-thirds of the board of directors, in the
32 case of a corporation, or two-thirds of the general
33 partners, in the case of a partnership, or two-thirds of
34 the members, in the case of a limited liability company,
-20- LRB9100291ACtmA
1 are licensed under the laws of any State to practice
2 architecture, professional engineering, land surveying,
3 or structural engineering; and
4 (2) the person having the architectural practice in
5 this State in his charge is (A) a director in the case of
6 a corporation, a general partner in the case of a
7 partnership, or a member in the case of a limited
8 liability company, and (B) holds a license under this
9 Act.
10 Any corporation, limited liability company, professional
11 service corporation, or partnership qualifying under this
12 Section and practicing in this State shall file with the
13 Department any information concerning its officers,
14 directors, members, managers, partners or beneficial owners
15 as the Department may, by rule, require.
16 (c) No business shall offer the practice or hold itself
17 out as available to offer the practice of architecture until
18 it is registered with the Department.
19 (d) Any business seeking to be registered under this
20 Section shall make application on a form provided by the
21 Department and shall provide any information requested by the
22 Department, which shall include but shall not be limited to
23 all of the following:
24 (1) The name and architect's license number of at
25 least one person designated as the managing agent in
26 responsible charge of the practice of architecture in
27 Illinois. In the case of a corporation, the corporation
28 shall also submit a certified copy of the resolution by
29 the board of directors designating at least one managing
30 agent. If a limited liability company, the company shall
31 submit a certified copy of either its articles of
32 organization or operating agreement designating the
33 managing agent.
34 (2) The names and architect's, professional
-21- LRB9100291ACtmA
1 engineer's, or structural engineer's, or land surveyor's
2 license numbers of the directors, in the case of a
3 corporation, the members, in the case of a limited
4 liability company, or general partners, in the case of a
5 partnership.
6 (3) A list of all locations at which the
7 professional design firm provides architectural services.
8 (4) A list of all assumed names of the business.
9 Nothing in this Section shall be construed to exempt a
10 business from compliance with the requirements of the
11 Assumed Business Name Act.
12 It is the responsibility of the professional design firm
13 to provide the Department notice, in writing, of any changes
14 in the information requested on the application.
15 (e) In the event a managing agent is terminated or
16 terminates his status as managing agent of the professional
17 design firm, the managing agent and professional design firm
18 shall notify the Department of this fact in writing, by
19 certified mail, within 10 business days of termination.
20 Thereafter, the professional design firm, if it has so
21 informed the Department, has 30 days in which to notify the
22 Department of the name and architect's license number of the
23 architect who is the newly designated managing agent. If a
24 corporation, the corporation shall also submit a certified
25 copy of a resolution by the board of directors designating
26 the new managing agent. If a limited liability company, the
27 company shall also submit a certified copy of either its
28 articles of organization or operating agreement designating
29 the new managing agent. The Department may, upon good cause
30 shown, extend the original 30 day period.
31 If the professional design firm has not notified the
32 Department in writing, by certified mail within the specified
33 time, the registration shall be terminated without prior
34 hearing. Notification of termination shall be sent by
-22- LRB9100291ACtmA
1 certified mail to the last known address of the business. If
2 the professional design firm continues to operate and offer
3 architectural services after the termination, the Department
4 may seek prosecution under Sections 22, 36, and 36a of this
5 Act for the unlicensed practice of architecture.
6 (f) No professional design firm shall be relieved of
7 responsibility for the conduct or acts of its agents,
8 employees, or officers by reason of its compliance with this
9 Section, nor shall any individual practicing architecture be
10 relieved of the responsibility for professional services
11 performed by reason of the individual's employment or
12 relationship with a professional design firm registered under
13 this Section.
14 (g) Disciplinary action against a professional design
15 firm registered under this Section shall be administered in
16 the same manner and on the same grounds as disciplinary
17 action against a licensed architect. All disciplinary action
18 taken or pending against a corporation or partnership before
19 the effective date of this amendatory Act of 1993 shall be
20 continued or remain in effect without the Department filing
21 separate actions.
22 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
23 (225 ILCS 305/22) (from Ch. 111, par. 1322)
24 Sec. 22. Refusal, suspension and revocation of licenses;
25 Causes.
26 (a) The Department may, singularly or in combination,
27 refuse to issue, renew or restore, or may suspend or revoke
28 any license or registration, or may place on probation,
29 reprimand, or fine, with a civil penalty not to exceed
30 $10,000 for each violation, any person, corporation, or
31 partnership, or professional design firm licensed or
32 registered under this Act for any of the following reasons:
33 (1) material misstatement in furnishing information
-23- LRB9100291ACtmA
1 to the Department;
2 (2) negligence, incompetence or misconduct in the
3 practice of architecture;
4 (3) failure to comply with any of the provisions of
5 this Act or any of the rules;
6 (4) making any misrepresentation for the purpose of
7 obtaining licensure;
8 (5) purposefully making false statements or signing
9 false statements, certificates or affidavits to induce
10 payment;
11 (6) conviction of any crime under the laws of the
12 United States, or any state or territory thereof, which
13 is a felony, whether related to the practice of
14 architecture or not; or conviction of any crime, whether
15 a felony, misdemeanor, or otherwise, an essential element
16 of which is dishonesty, wanton disregard for the rights
17 of others, or which is directly related to the practice
18 of architecture;
19 (7) aiding or assisting another person in violating
20 any provision of this Act or its rules;
21 (8) signing, affixing the licensed architect's seal
22 or permitting the architect's seal to be affixed to any
23 construction documents not prepared by the architect or
24 under that architect's direct supervision and control;
25 (9) engaging in dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,
27 defraud or harm the public;
28 (10) habitual intoxication or addiction to the use
29 of drugs;
30 (11) making a statement of compliance pursuant to
31 the Environmental Barriers Act that construction
32 documents prepared by the Licensed Architect or prepared
33 under the licensed architect's direct supervision and
34 control for construction or alteration of an occupancy
-24- LRB9100291ACtmA
1 required to be in compliance with the Environmental
2 Barriers Act are in compliance with the Environmental
3 Barriers Act when such construction documents are not in
4 compliance;
5 (12) a finding by the Board that an applicant or a
6 registrant has failed to pay a fine imposed by the
7 Department or a registrant, whose license has been placed
8 on probationary status, has violated the terms of
9 probation;
10 (13) discipline by another state, territory,
11 foreign country, the District of Columbia, the United
12 States government, or any other governmental agency, if
13 at least one of the grounds for discipline is the same or
14 substantially equivalent to those set forth herein;
15 (14) failure to provide information in response to
16 a written request made by the Department within 30 days
17 after the receipt of such written request;
18 (15) physical illness, including, but not limited
19 to, deterioration through the aging process or loss of
20 motor skill which results in the inability to practice
21 the profession with reasonable judgment, skill or safety.
22 (a-5) In enforcing this Section, the Board upon a
23 showing of a possible violation may compel a person licensed
24 to practice under this Act, or who has applied for licensure
25 or certification pursuant to this Act, to submit to a mental
26 or physical examination, or both, as required by and at the
27 expense of the Department. The examining physicians shall be
28 those specifically designated by the Board. The Board or the
29 Department may order the examining physician to present
30 testimony concerning this mental or physical examination of
31 the licensee or applicant. No information shall be excluded
32 by reason of any common law or statutory privilege relating
33 to communications between the licensee or applicant and the
34 examining physician. The person to be examined may have, at
-25- LRB9100291ACtmA
1 his or her own expense, another physician of his or her
2 choice present during all aspects of the examination.
3 Failure of any person to submit to a mental or physical
4 examination, when directed, shall be grounds for suspension
5 of a license until the person submits to the examination if
6 the Board finds, after notice and hearing, that the refusal
7 to submit to the examination was without reasonable cause.
8 If the Board finds a person unable to practice because of
9 the reasons set forth in this Section, the Board may require
10 that person to submit to care, counseling, or treatment by
11 physicians approved or designated by the Board as a
12 condition, term, or restriction for continued, reinstated, or
13 renewed licensure to practice; or, in lieu of care,
14 counseling, or treatment, the Board may recommend to the
15 Department to file a complaint to immediately suspend, revoke
16 or otherwise discipline the license of the person. Any
17 person whose license was granted, continued, reinstated,
18 renewed, disciplined, or supervised subject to such terms,
19 conditions, or restrictions and who fails to comply with such
20 terms, conditions, or restrictions shall be referred to the
21 Director for a determination as to whether the person shall
22 have his or her license suspended immediately, pending a
23 hearing by the Board.
24 (b) The determination by a circuit court that a licensee
25 is subject to involuntary admission or judicial admission, as
26 provided in the Mental Health and Developmental Disabilities
27 Code, operates as an automatic suspension. Such suspension
28 will end only upon a finding by a court that the patient is
29 no longer subject to involuntary admission or judicial
30 admission, the issuance of an order so finding and
31 discharging the patient, and the recommendation of the Board
32 to the Director that the licensee be allowed to resume
33 practice.
34 The Department may refuse to issue or may suspend the
-26- LRB9100291ACtmA
1 license of any person who fails to file a return, or to pay
2 the tax, penalty or interest shown in a filed return, or to
3 pay any final assessment of tax, penalty or interest, as
4 required by any tax Act administered by the Illinois
5 Department of Revenue, until such time as the requirements of
6 any such tax Act are satisfied.
7 Persons who assist the Department as consultants or
8 expert witnesses in the investigation or prosecution of
9 alleged violations of the Act, licensure matters, restoration
10 proceedings, or criminal prosecutions, shall not be liable
11 for damages in any civil action or proceeding as a result of
12 such assistance, except upon proof of actual malice. The
13 attorney general shall defend such persons in any such action
14 or proceeding.
15 (Source: P.A. 88-428.)
16 (225 ILCS 305/38) (from Ch. 111, par. 1338)
17 Sec. 38. Fund; appropriations; investments; audits.
18 Moneys deposited in the Design Professionals Administration
19 and Investigation Fund shall be appropriated to the
20 Department exclusively for expenses of the Department and the
21 Board in the administration of this Act, the Illinois
22 Professional Land Surveyor Act of 1989, the Professional
23 Engineering Practice Act of 1989, and the Structural
24 Engineering Practice Licensing Act of 1989. The expenses of
25 the Department under this Act shall be limited to the
26 ordinary and contingent expenses of the Design Professionals
27 Dedicated Employees within the Department as established
28 under Section 62.1 of the Civil Administrative Code of
29 Illinois and other expenses related to the administration and
30 enforcement of this Act.
31 Moneys from the Fund may also be used for direct and
32 allocable indirect costs related to the public purposes of
33 the Department of Professional Regulation. Moneys in the
-27- LRB9100291ACtmA
1 Fund may be transferred to the Professions Indirect Cost Fund
2 as authorized by Section 61e of the Civil Administrative Code
3 of Illinois.
4 All fines and penalties under Sections 22 and 36 shall be
5 deposited in the Design Professionals Professional
6 Administration and Investigation Fund.
7 Moneys in the Design Professionals Professional
8 Administration and Investigation Fund may be invested and
9 reinvested, with all earnings received from the investments
10 to be deposited in the Design Professionals Administration
11 and Investigation Fund and used for the same purposes as fees
12 deposited in the Fund.
13 Upon the completion of any audit of the Department as
14 prescribed by the Illinois State Auditing Act that includes
15 an audit of the Design Professionals Administration and
16 Investigation Fund, the Department shall make the audit open
17 to inspection by any interested person. The copy of the
18 audit report required to be submitted to the Department by
19 this Section is an addition to copies of audit reports
20 required to be submitted to other State officers and agencies
21 by Section 3-14 of the Illinois State Auditing Act.
22 (Source: P.A. 89-204, eff. 1-1-96.)
23 Section 35. The Interior Design Professional Title Act
24 is amended by changing Section 4 as follows:
25 (225 ILCS 310/4) (from Ch. 111, par. 8204)
26 Sec. 4. (a) No individual shall, without a valid
27 registration as an interior designer issued by the
28 Department, in any manner hold himself out to the public as
29 an interior designer or attach the title "interior designer"
30 or any other name or designation which would in any way imply
31 that he is able to use the title "interior designer" as
32 defined in this Act. No individual shall, without a valid
-28- LRB9100291ACtmA
1 registration as a residential interior designer issued by the
2 Department, in any manner hold himself out to the public as a
3 residential interior designer, or use the title "residential
4 interior designer" or any name or designation that would in
5 any way imply that he is able to use the title "residential
6 interior designer" as defined in this Act.
7 (a-5) Nothing in this Act shall be construed as
8 preventing or restricting the services offered or advertised
9 by an interior designer who is registered under this Act.
10 (b) Nothing in this Act shall prevent the employment, by
11 an interior designer or residential interior designer,
12 association, partnership, or a corporation furnishing
13 interior design or residential interior design services for
14 remuneration, of persons not registered as interior designers
15 or residential interior designers to perform services in
16 various capacities as needed, provided that the persons do
17 not represent themselves as, or use the title of, "interior
18 designer", "registered interior designer", "residential
19 interior designer" or "registered residential interior
20 designer".
21 (c) Nothing in this Act shall be construed to limit the
22 activities and use of the title "interior designer" or
23 "residential interior designer" on the part of a person not
24 registered under this Act who is a graduate of an interior
25 design program and a full-time employee of a duly chartered
26 institution of higher education insofar as such person
27 engages in public speaking, with or without remuneration,
28 provided that such person does not represent himself to be an
29 interior designer or use the title "registered interior
30 designer" or "registered residential interior designer".
31 (d) Nothing contained in this Act shall restrict any
32 person not registered under this Act from carrying out any of
33 the activities listed in the definition of "the profession of
34 interior design" in under paragraph (f) of Section 3 (3) if
-29- LRB9100291ACtmA
1 such person does not represent himself or his services in any
2 manner prohibited by this Act.
3 (e) Nothing in this Act shall be construed as preventing
4 or restricting the practice, services, or activities of any
5 person licensed in this State under any other law from
6 engaging in the profession or occupation for which he is
7 licensed.
8 (f) Nothing in this Act shall be construed as preventing
9 or restricting the practice, services, or activities of
10 engineers licensed under the Professional Engineering
11 Practice Act of 1989 or the Structural Engineering Practice
12 Licensing Act of 1989; architects licensed pursuant to the
13 Illinois Architectural Practice Act of 1989; any interior
14 decorator or individual offering interior decorating services
15 including, but not limited to, the selection of surface
16 materials, window treatments, wall coverings, furniture,
17 accessories, paint, floor coverings, and lighting fixtures;
18 or builders, home furnishings salespersons, and similar
19 purveyors of goods and services relating to homemaking.
20 (g) Nothing in this Act or any other Act shall prevent a
21 licensed architect from practicing interior design services
22 or from using the title "interior designer" or "residential
23 interior designer". Nothing in this Act shall be construed
24 as requiring the services of an interior designer or
25 residential interior designer for the interior designing of a
26 single family residence.
27 (h) Nothing in this Act shall authorize interior
28 designers or residential interior designers to perform
29 services, including life safety services that they are
30 prohibited from performing, or any practice (i) that is
31 restricted in the Illinois Architecture Practice Act of 1989,
32 the Professional Engineering Practice Act of 1989, or the
33 Structural Engineering Practice Licensing Act of 1989, or
34 (ii) that they are not authorized to perform under the
-30- LRB9100291ACtmA
1 Environmental Barriers Act.
2 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
3 Section 40. The Illinois Plumbing License Law is amended
4 by changing Section 3 as follows:
5 (225 ILCS 320/3) (from Ch. 111, par. 1103)
6 Sec. 3. (1) All planning and designing of plumbing
7 systems and all plumbing shall be performed only by plumbers
8 licensed under the provisions of this Act hereinafter called
9 "licensed plumbers" and "licensed apprentice plumbers". The
10 inspection of plumbing and plumbing systems shall be done
11 only by the sponsor or his or her agent who shall be an
12 Illinois licensed plumber. Nothing herein contained shall
13 prohibit licensed plumbers or licensed apprentice plumbers
14 under supervision from planning, designing, inspecting,
15 installing, repairing, maintaining, altering or extending
16 building sewers in accordance with this Act. No person who
17 holds a license or certificate of registration under the
18 Illinois Architecture Practice Act of 1989, or the Structural
19 Engineering Practice Licensing Act of 1989, or the
20 Professional Engineering Practice Act of 1989 shall be
21 prevented from planning and designing plumbing systems.
22 (2) Nothing herein contained shall prohibit the owner
23 occupant or lessee occupant of a single family residence, or
24 the owner of a single family residence under construction for
25 his or her occupancy, from planning, installing, altering or
26 repairing the plumbing system of such residence, provided
27 that (i) such plumbing shall comply with the minimum
28 standards for plumbing contained in the Illinois State
29 Plumbing Code, and shall be subject to inspection by the
30 Department or the local governmental unit if it retains a
31 licensed plumber as an inspector; and (ii) such owner, owner
32 occupant or lessee occupant shall not employ other than a
-31- LRB9100291ACtmA
1 plumber licensed pursuant to this Act to assist him or her.
2 For purposes of this subsection, a person shall be
3 considered an "occupant" if and only if he or she has taken
4 possession of and is living in the premises as his or her
5 bona fide sole and exclusive residence, or, in the case of
6 an owner of a single family residence under construction for
7 his or her occupancy, he or she expects to take possession of
8 and live in the premises as his or her bona fide sole and
9 exclusive residence, and he or she has a current intention to
10 live in such premises as his or her bona fide sole and
11 exclusive residence for a period of not less than 6 months
12 after the completion of the plumbing work performed pursuant
13 to the authorization of this subsection, or, in the case of
14 an owner of a single family residence under construction for
15 his or her occupancy, for a period of not less than 6 months
16 after the completion of construction of the residence.
17 Failure to possess and live in the premises as a sole and
18 exclusive residence for a period of 6 months or more shall
19 create a rebuttable presumption of a lack of such intention.
20 (3) The employees of a firm, association, partnership or
21 corporation who engage in plumbing shall be licensed plumbers
22 or licensed apprentice plumbers. At least one member of every
23 firm, association or partnership engaged in plumbing work,
24 and at least one corporate officer of every corporation
25 engaged in plumbing work, as the case may be, shall be a
26 licensed plumber. A retired plumber cannot fulfill the
27 requirements of this subsection (3).
28 (4) (a) A licensed apprentice plumber shall plan, design
29 and install plumbing only under the supervision of the
30 sponsor or his or her agent who is also an Illinois
31 licensed plumber.
32 (b) An applicant for licensing as an apprentice
33 plumber shall be at least 16 years of age and apply on
34 the application form provided by the Department. Such
-32- LRB9100291ACtmA
1 application shall verify that the applicant is sponsored
2 by an Illinois licensed plumber or an approved
3 apprenticeship program and shall contain the name and
4 license number of the licensed plumber or program
5 sponsor.
6 (c) No licensed plumber shall sponsor more than 2
7 licensed apprentice plumbers at the same time. If 2
8 licensed apprentice plumbers are sponsored by a plumber
9 at the same time, one of the apprentices must have, at a
10 minimum, 2 years experience as a licensed apprentice. No
11 licensed plumber sponsor or his or her agent may
12 supervise 2 licensed apprentices with less than 2 years
13 experience at the same time. The sponsor or agent shall
14 supervise and be responsible for the plumbing performed
15 by a licensed apprentice.
16 (d) No agent shall supervise more than 2 licensed
17 apprentices at the same time.
18 (e) No licensed plumber may, in any capacity,
19 supervise more than 2 licensed apprentice plumbers at the
20 same time.
21 (f) No approved apprenticeship program may sponsor
22 more licensed apprentices than 2 times the number of
23 licensed plumbers available to supervise those licensed
24 apprentices.
25 (g) No approved apprenticeship program may sponsor
26 more licensed apprentices with less than 2 years
27 experience than it has licensed plumbers available to
28 supervise those licensed apprentices.
29 (h) No individual shall work as an apprentice
30 plumber unless he or she is properly licensed under this
31 Act. The Department shall issue an apprentice plumber's
32 license to each approved applicant.
33 (i) No licensed apprentice plumber shall serve more
34 than a 6 year licensed apprenticeship period. If, upon
-33- LRB9100291ACtmA
1 completion of a 6 year licensed apprenticeship period,
2 such licensed apprentice plumber does not apply for the
3 examination for a plumber's license and successfully pass
4 the examination for a plumber's license, his or her
5 apprentice plumber's license shall not be renewed.
6 Nothing contained in P.A. 83-878, entitled "An Act in
7 relation to professions", approved September 26, 1983, was
8 intended by the General Assembly nor should it be construed
9 to require the employees of a governmental unit or privately
10 owned municipal water supplier who operate, maintain or
11 repair a water or sewer plant facility which is owned or
12 operated by such governmental unit or privately owned
13 municipal water supplier to be licensed plumbers under this
14 Act. In addition, nothing contained in P.A. 83-878 was
15 intended by the General Assembly nor should it be construed
16 to permit persons other than licensed plumbers to perform the
17 installation, repair, maintenance or replacement of plumbing
18 fixtures, such as toilet facilities, floor drains, showers
19 and lavatories, and the piping attendant to those fixtures,
20 within such facility or in the construction of a new
21 facility.
22 Nothing contained in P.A. 83-878, entitled "An Act in
23 relation to professions", approved September 26, 1983, was
24 intended by the General Assembly nor should it be construed
25 to require the employees of a governmental unit or privately
26 owned municipal water supplier who install, repair or
27 maintain water service lines from water mains in the street,
28 alley or curb line to private property lines and who install,
29 repair or maintain water meters to be licensed plumbers under
30 this Act if such work was customarily performed prior to the
31 effective date of such Act by employees of such governmental
32 unit or privately owned municipal water supplier who were not
33 licensed plumbers. Any such work which was customarily
34 performed prior to the effective date of such Act by persons
-34- LRB9100291ACtmA
1 who were licensed plumbers or subcontracted to persons who
2 were licensed plumbers must continue to be performed by
3 persons who are licensed plumbers or subcontracted to persons
4 who are licensed plumbers. When necessary under this Act,
5 the Department shall make the determination whether or not
6 persons who are licensed plumbers customarily performed such
7 work.
8 (Source: P.A. 89-665, eff. 8-14-96.)
9 Section 45. The Professional Engineering Practice Act of
10 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 10,
11 12, 14, 15, 20, 23, 24, 44, and 47 and by adding Section 17.5
12 as follows:
13 (225 ILCS 325/3) (from Ch. 111, par. 5203)
14 Sec. 3. Application of the Act; Exemptions.
15 (a) Nothing in this Act shall be construed to prevent
16 the practice of structural engineering as defined in the
17 Structural Engineering Practice Licensing Act of 1989 or the
18 practice of architecture as defined in the Illinois
19 Architecture Practice Act of 1989 or the regular and
20 customary practice of construction contracting and
21 construction management as performed by construction
22 contractors.
23 (b) Nothing in this Act shall prevent:
24 (1) Employees, including project representatives,
25 of professional engineers lawfully practicing as sole
26 owners, partnerships or corporations under this Act, from
27 acting under the direct supervision of their employers.
28 (2) The employment of owner's representatives by
29 the owner during the constructing, adding to, or altering
30 of a project, or any parts thereof, provided that such
31 owner's representative shall not have the authority to
32 deviate from the technical submissions without the prior
-35- LRB9100291ACtmA
1 approval of the professional engineer for the project.
2 (3) The practice of officers and employees of the
3 Government of the United States while engaged within this
4 State in the practice of the profession of engineering
5 for the Government.
6 (4) Services performed by employees of a business
7 organization engaged in utility, industrial or
8 manufacturing operations, or by employees of laboratory
9 research affiliates of such business organization which
10 are rendered in connection with the fabrication or
11 production, sale, and installation of products, systems,
12 or nonengineering services of the business organization
13 or its affiliates.
14 (5) Inspection, maintenance and service work done
15 by employees of the State of Illinois, any political
16 subdivision thereof or any municipality.
17 (6) The activities performed by those ordinarily
18 designated as chief engineer of plant operation, chief
19 operating engineer, locomotive, stationary, marine, power
20 plant or hoisting and portable engineers, electrical
21 maintenance or service engineers, personnel employed in
22 connection with construction, operation or maintenance of
23 street lighting, traffic control signals, police and fire
24 alarm systems, waterworks, steam, electric, and sewage
25 treatment and disposal plants, or the services ordinarily
26 performed by any worker regularly employed as a
27 locomotive, stationary, marine, power plant, or hoisting
28 and portable engineer or electrical maintenance or
29 service engineer for any corporation, contractor or
30 employer.
31 (7) The activities performed by a person ordinarily
32 designated as a supervising engineer or supervising
33 electrical maintenance or service engineer who supervises
34 the operation of, or who operates, machinery or
-36- LRB9100291ACtmA
1 equipment, or who supervises construction or the
2 installation of equipment within a plant which is under
3 such person's immediate supervision.
4 (8) The services, for private use, of contractors
5 or owners in the construction of engineering works or the
6 installation of equipment.
7 (c) No officer, board, commission, or other public
8 entity charged with the enforcement of codes and ordinances
9 involving a professional engineering project shall accept for
10 filing or approval any technical submissions that do not bear
11 the seal and signature of a professional engineer licensed
12 under this Act.
13 (d) Nothing contained in this Section imposes upon a
14 person licensed under this Act the responsibility for the
15 performance of any of the foregoing functions unless such
16 person specifically contracts to provide it.
17 (Source: P.A. 86-667; 86-1475.)
18 (225 ILCS 325/4) (from Ch. 111, par. 5204)
19 Sec. 4. Definitions. As used in this Act:
20 (a) "Approved engineering curriculum" means an
21 engineering curriculum of 4 academic years or more which
22 meets the standards established by the rules of the
23 Department.
24 (b) "Board" means the State Board of Professional
25 Engineers of the Department of Professional Regulation,
26 previously known as the Examining Committee.
27 (c) "Department" means the Department of Professional
28 Regulation.
29 (d) "Design professional" means an architect, structural
30 engineer or professional engineer practicing in conformance
31 with the Illinois Architecture Practice Act of 1989, the
32 Structural Engineering Practice Licensing Act of 1989 or the
33 Professional Engineering Practice Act of 1989.
-37- LRB9100291ACtmA
1 (e) "Director" means the Director of Professional
2 Regulation.
3 (f) "Direct supervision/responsible charge" means work
4 prepared under the control of a licensed professional
5 engineer or that work as to which that professional engineer
6 has detailed professional knowledge.
7 (g) "Engineering college" means a school, college,
8 university, department of a university or other educational
9 institution, reputable and in good standing in accordance
10 with rules prescribed by the Department, and which grants
11 baccalaureate degrees in engineering.
12 (h) "Engineering system or facility" means a system or
13 facility whose design is based upon the application of the
14 principles of science for the purpose of modification of
15 natural states of being.
16 (i) "Engineer intern" means a person who is a candidate
17 for licensure as a professional engineer and who has been
18 enrolled as an engineer intern.
19 (j) "Enrollment" means an action by the Department to
20 record those individuals who have met the Board's
21 requirements for an engineer intern.
22 (k) "License" means an official document issued by the
23 Department to an individual, a corporation, or a partnership,
24 a professional service corporation, a limited liability
25 company, or a sole proprietorship, signifying authority to
26 practice.
27 (l) "Negligence in the practice of professional
28 engineering" means the failure to exercise that degree of
29 reasonable professional skill, judgment and diligence
30 normally rendered by professional engineers in the practice
31 of professional engineering.
32 (m) "Professional engineer" means a person licensed
33 under the laws of the State of Illinois to practice
34 professional engineering.
-38- LRB9100291ACtmA
1 (n) "Professional engineering" means the application of
2 science to the design of engineering systems and facilities
3 using the knowledge, skills, ability and professional
4 judgment developed through professional engineering
5 education, training and experience.
6 (o) "Professional engineering practice" means the
7 consultation on, conception, investigation, evaluation,
8 planning, and design of, and selection of materials and
9 methods to be used in, administration of construction
10 contracts for, or site observation of an engineering system
11 or facility, where such consultation, conception,
12 investigation, evaluation, planning, design, selection,
13 administration, or observation requires extensive knowledge
14 of engineering laws, formulae, materials, practice, and
15 construction methods. A person shall be construed to
16 practice or offer to practice professional engineering,
17 within the meaning and intent of this Act, who practices, or
18 who, by verbal claim, sign, advertisement, letterhead, card,
19 or any other way, is represented to be a professional
20 engineer, or through the use of the initials "P.E." or the
21 title "engineer" or any of its derivations or some other
22 title implies licensure as a professional engineer, or holds
23 himself out as able to perform any service which is
24 recognized as professional engineering practice.
25 Examples of the practice of professional engineering
26 include, but need not be limited to, transportation
27 facilities and publicly owned utilities for a region or
28 community, railroads, railways, highways, subways, canals,
29 harbors, river improvements; irrigation works; aircraft,
30 airports and landing fields; waterworks, piping systems and
31 appurtenances, sewers, sewage disposal works; plants for the
32 generation of power; devices for the utilization of power;
33 boilers; refrigeration plants, air conditioning systems and
34 plants; heating systems and plants; plants for the
-39- LRB9100291ACtmA
1 transmission or distribution of power; electrical plants
2 which produce, transmit, distribute, or utilize electrical
3 energy; works for the extraction of minerals from the earth;
4 plants for the refining, alloying or treating of metals;
5 chemical works and industrial plants involving the use of
6 chemicals and chemical processes; plants for the production,
7 conversion, or utilization of nuclear, chemical, or radiant
8 energy; forensic engineering, geotechnical engineering
9 including, subsurface investigations; soil classification,
10 geology and geohydrology, incidental to the practice of
11 professional engineering; energy analysis, environmental
12 design, hazardous waste mitigation and control; recognition,
13 measurement, evaluation and control of environmental systems
14 and emissions; automated building management systems; or the
15 provision of professional engineering site observation of the
16 construction of works and engineering systems. Nothing
17 contained in this Section imposes upon a person licensed
18 under this Act the responsibility for the performance of any
19 of the foregoing functions unless such person specifically
20 contracts to provide it.
21 (p) "Project representative" means the professional
22 engineer's representative at the project site who assists in
23 the administration of the construction contract.
24 (q) "Registered" means the same as "licensed" for
25 purposes of this Act.
26 (r) "Related science curriculum" means a 4 year program
27 of study, the satisfactory completion of which results in a
28 Bachelor of Science degree, and which contains courses from
29 such areas as life, earth, engineering and computer sciences,
30 including but not limited to, physics and chemistry. In the
31 study of these sciences, the objective is to acquire
32 fundamental knowledge about the nature of its phenomena,
33 including quantitative expression, appropriate to particular
34 fields of engineering.
-40- LRB9100291ACtmA
1 (s) "Rules" means those rules promulgated pursuant to
2 this Act.
3 (t) "Seal" means the seal in compliance with Section 14
4 of this Act.
5 (u) "Site observation" is visitation of the construction
6 site for the purpose of reviewing, as available, the quality
7 and conformance of the work to the technical submissions as
8 they relate to design.
9 (v) "Support design professional" means a professional
10 engineer practicing in conformance with the Professional
11 Engineering Practice Act of 1989, who provides services to
12 the design professional who has contract responsibility.
13 (w) "Technical submissions" means designs, drawings, and
14 specifications which establish the standard of quality for
15 materials, workmanship, equipment, and the construction
16 systems, studies, and other technical reports prepared in the
17 course of a design professional's practice.
18 (Source: P.A. 88-372.)
19 (225 ILCS 325/5) (from Ch. 111, par. 5205)
20 Sec. 5. Powers and duties of the Department. Subject to
21 the provisions of this Act, the Department shall exercise the
22 following functions, powers and duties:
23 (a) To pass upon the qualifications and conduct
24 examinations of applicants for licensure as professional
25 engineers or enrollment as engineer interns and pass upon the
26 qualifications of applicants by endorsement and issue a
27 license or enrollment to those who are found to be fit and
28 qualified;
29 (b) To prescribe rules for the method, conduct and
30 grading of the examination of applicants;
31 (c) To license corporations, and partnerships,
32 professional service corporations, limited liability
33 companies, and sole proprietorships for the practice of
-41- LRB9100291ACtmA
1 professional engineering and issue a license to those who
2 qualify;
3 (d) To conduct investigations and hearings regarding
4 violations of this Act and take disciplinary or other actions
5 as provided in this Act as a result of the proceedings;
6 (e) To prescribe rules as to what shall constitute an
7 engineering or related science curriculum and to determine if
8 a specific engineering curriculum is in compliance with the
9 rules, and to terminate the approval of a specific
10 engineering curriculum for non-compliance with such rules;
11 (f) To promulgate rules required for the administration
12 of this Act, including rules of professional conduct;
13 (g) To maintain membership in the National Council of
14 Examiners for Engineering and Surveying and participate in
15 activities of the Council by designation of individuals for
16 the various classifications of membership, the appointment of
17 delegates for attendance at zone and national meetings of the
18 Council, and the funding of the delegates for attendance at
19 the meetings of the Council; and
20 (h) To obtain written recommendations from the Board
21 regarding qualifications of individuals for licensure and
22 enrollment, definitions of curriculum content and approval of
23 engineering curricula, standards of professional conduct and
24 formal disciplinary actions, and the promulgation of the
25 rules affecting these matters.
26 Prior to issuance of any final decision or order that
27 deviates from any report or recommendations of the Board
28 relating to the qualification of applicants, discipline of
29 licensees or registrants, or promulgation of rules, the
30 Director shall notify the Board in writing with an
31 explanation of any such deviation and provide a reasonable
32 time for the Board to submit written comments to the Director
33 regarding the proposed action. In the event that the Board
34 fails or declines to submit such written comments within 30
-42- LRB9100291ACtmA
1 days of said notification, the Director may issue a final
2 decision or orders consistent with the Director's original
3 decision. The Department may at any time seek the expert
4 advice and knowledge of the Board on any matter relating to
5 the enforcement of this Act.
6 None of the functions, powers or duties enumerated in
7 this Section shall be exercised by the Department except upon
8 the action and report in writing of the Board.
9 (Source: P.A. 89-61, eff. 6-30-95.)
10 (225 ILCS 325/6) (from Ch. 111, par. 5206)
11 Sec. 6. Composition, qualifications and terms of the
12 Board. (a) The Board shall be appointed by the Director and
13 shall consist of 10 members, one of whom shall be a public
14 member and 9 of whom shall be professional engineers licensed
15 under this Act. In addition each member who is a
16 professional engineer shall:
17 (1) be a citizen of the United States, and
18 (2) be a resident of this State.
19 (b) In addition, each member who is a professional
20 engineer shall:
21 (1) have not less than 12 years of experience in the
22 practice of professional engineering, and shall hold an
23 active license as a professional engineer in Illinois;
24 (2) have been in charge of professional engineering work
25 for at least 5 years. For the purposes of this Section, any
26 period in which a person has been in charge of teaching
27 engineering in an engineering college with the rank of
28 assistant professor or higher shall be considered as time in
29 which such person was in charge of professional engineering
30 work.
31 The terms for all members shall be for 5 years. On the
32 expiration of the term of any member or in the event of a
33 vacancy, the Director shall appoint a member who shall hold
-43- LRB9100291ACtmA
1 office until the expiration of the term for which the member
2 is appointed and until a successor has been appointed and
3 qualified.
4 No member shall be reappointed to the Board for a term
5 which would cause that individual's continuous service on the
6 Board to be longer than 15 successive years.
7 In implementing the 5 year terms, the Director shall vary
8 the terms to enable the Board to have no more than 2 terms
9 expire in any one year.
10 The public member shall not be an employee of the State
11 of Illinois. The public member shall be an Illinois resident
12 and a citizen of the United States.
13 In making appointments to the Board, the Director shall
14 give due consideration to recommendations by members of the
15 profession and by organizations therein.
16 The Director may remove any member of the Board for
17 misconduct, incompetence, neglect of duty or for reasons
18 prescribed by law for removal of State officials.
19 The Director may remove a member of the Board who does
20 not attend 2 consecutive meetings. An appointment to fill a
21 vacancy thus created shall be to fill the unexpired term of
22 office and shall be in accordance with this Section.
23 A quorum of the Board shall consist of not less than 6
24 members. a majority of Board members appointed. Majority
25 vote of the quorum is required for Board decisions.
26 Each member of the Board shall receive compensation when
27 attending Board meetings or meetings approved by the Director
28 and shall be reimbursed for all actual traveling expenses.
29 Members of the Board shall be immune from suit in any
30 action based upon any disciplinary proceedings or other
31 activities performed in good faith as members of the Board.
32 Persons holding office as members of the Board
33 immediately prior to the effective date of this Act under the
34 Act repealed herein shall continue as members of the Board
-44- LRB9100291ACtmA
1 until the expiration of the term for which they were
2 appointed and until their successors are appointed and
3 qualified.
4 (Source: P.A. 86-667.)
5 (225 ILCS 325/7) (from Ch. 111, par. 5207)
6 Sec. 7. Powers and duties of the Board. Subject to the
7 provisions of this Act, the Board shall exercise the
8 following functions, powers and duties:
9 (a) Review education and experience qualifications
10 of applicants, including conducting oral interviews as
11 deemed necessary by the Board, to determine eligibility
12 as an engineer intern or professional engineer and submit
13 to the Director written recommendations on applicant
14 qualifications for enrollment and licensure;
15 (b) The Board may appoint a subcommittee to serve
16 as a Complaint Committee to recommend the disposition of
17 case files according to procedures established by rule;
18 (c) Conduct hearings regarding disciplinary actions
19 and submit a written report and recommendations to the
20 Director as required by this Act and to provide a Board
21 member at informal conferences;
22 (d) Make visits to universities or colleges to
23 evaluate engineering curricula or to otherwise evaluate
24 engineering curricula and submit to the Director a
25 written recommendation of acceptability of a curriculum;
26 (e) Submit a written recommendation to the Director
27 concerning promulgation of rules as required in Section 5
28 and to recommend to the Director any rules or amendments
29 thereto for the administration of this Act;
30 (f) Hold at least 3 regular meetings each year; and
31 .
2 (h) Submit written comments to the Director within
3 30 days from notification of any final decision or order
4 from the Director that deviates from any report or
5 recommendation of the Board relating to the qualification
6 of applicants, discipline of licensees or registrants, or
7 promulgation of rules.
8 Prior to issuance of any final decision or order which
9 deviates from any report or recommendation of the Board
10 relating to the qualification of applicants, discipline of
11 licensees or registrants, or promulgation of rules, the
12 Director shall notify the Board and the Secretary of State in
13 writing with an explanation of any such deviation and provide
14 a reasonable time for the Board to submit written comments to
15 the Director regarding the proposed action. In the event
16 that the Board fails or declines to submit such written
17 comments within 30 days of said notification, the Director
18 may issue a final decision or order consistent with the
19 Director's original decision. The Department may at any time
20 seek the expert advice and knowledge of the Board on any
21 matter relating to the enforcement of this Act.
22 (Source: P.A. 88-428.)
23 (225 ILCS 325/8) (from Ch. 111, par. 5208)
24 Sec. 8. Applications for licensure. (a) Applications
25 for licensure shall (1) be on forms prescribed and furnished
26 by the Department, (2) contain statements made under oath
27 showing the applicant's education and a detailed summary of
28 the applicant's technical work, and (3) contain references as
29 required by the Department.
30 (b) Applicants shall have obtained the education and
31 experience as required in Section 10 or Section 11 prior to
32 submittal of application for examination, except as provided
33 in subsection (b) of Section 11. Allowable experience shall
-46- LRB9100291ACtmA
1 commence at the date of the baccalaureate degree, except:
2 (1) Credit for one year of experience shall be given for
3 a graduate of a baccalaureate curriculum providing a
4 cooperative program, which is supervised industrial or field
5 experience of at least one academic calendar year which
6 alternates with periods of full-time academic training, when
7 such program is certified by the university, or
8 (2) Credit shall be given for professional engineering
9 experience as defined by rule for employment prior to receipt
10 of a baccalaureate degree if the employment is full-time
11 while the applicant takes 8 or more years (16 semesters or 24
12 quarters minimum) as a part-time student to earn the degree
13 concurrent with the employment.
14 The Board may conduct oral interviews of any applicant
15 under Sections 10, 11 or 19 to assist in the evaluation of
16 the qualifications of the applicant.
17 It is the responsibility of the applicant to supplement
18 the application, when requested by the Board, by provision of
19 additional documentation of education, including transcripts,
20 course content and credentials of the engineering college or
21 college granting related science degrees, or of work
22 experience to permit the Board to determine the
23 qualifications of the applicant. The Department may require
24 an applicant, at the applicant's expense, to have an
25 evaluation of the applicant's education in a foreign country
26 by a nationally recognized educational body approved by the
27 Board in accordance with rules prescribed by the Department.
28 An applicant who graduated from an engineering program
29 outside the United States or its territories and whose first
30 language is not English shall submit certification of passage
31 of the Test of English as a Foreign Language (TOEFL) and the
32 Test of Spoken English (TSE) as defined by rule before taking
33 the licensure examination.
34 (Source: P.A. 89-61, eff. 6-30-95.)
-47- LRB9100291ACtmA
1 (225 ILCS 325/10) (from Ch. 111, par. 5210)
2 Sec. 10. Minimum standards for examination for licensure
3 as professional engineer. To qualify for licensure as a
4 professional engineer each applicant shall be:
5 (a) A graduate of an approved engineering curriculum of
6 at least 4 years who submits acceptable evidence to the Board
7 of an additional 4 years or more of experience in engineering
8 work of a grade and character which indicate that the
9 individual may be competent to practice professional
10 engineering, and who then passes a nominal 8-hour written
11 examination in the fundamentals of engineering, and a nominal
12 8-hour written examination in the principles and practice of
13 engineering. Upon passing both examinations, the applicant,
14 if otherwise qualified, shall be granted a license to
15 practice professional engineering in this State; or
16 (b) A graduate of a non-approved engineering curriculum
17 or a related science curriculum of at least 4 years and
18 meeting the requirements as set forth by rule, who submits
19 acceptable evidence to the Board of an additional 8 years or
20 more of experience in engineering work of a grade and
21 character which indicate that the individual may be competent
22 to practice professional engineering, and who then passes a
23 nominal 8-hour written examination in the fundamentals of
24 engineering and a nominal 8-hour written examination in the
25 principles and practice of engineering. Upon passing both
26 examinations, the applicant, if otherwise qualified, shall be
27 granted a license to practice professional engineering in
28 this State; or
29 (c) An engineer intern who meets the education and
30 experience qualifications of subsection (a) or (b) of this
31 Section and has passed the nominal 8-hour written examination
32 in the fundamentals of engineering, by application and
33 payment of the required fee, may then take the nominal 8-hour
34 written examination in the principles and practice of
-48- LRB9100291ACtmA
1 engineering. Upon passing that examination, the applicant,
2 if otherwise qualified, shall be granted a license to
3 practice professional engineering in this State.
4 (d) When considering an applicant's qualifications for
5 licensure under this Act, the Department may take into
6 consideration whether an applicant has engaged in conduct or
7 actions that would constitute a violation of the Standards of
8 Professional Conduct for this Act as provided for by
9 administrative rules.
10 (Source: P.A. 89-61, eff. 6-30-95.)
11 (225 ILCS 325/12) (from Ch. 111, par. 5212)
12 Sec. 12. Educational credits or teaching as equivalent
13 of experience. (a) After earning an acceptable baccalaureate
14 degree as required by subsection (a) or (b) of Section 10
15 in engineering or related science and upon completion of a
16 Master's degree in engineering, the applicant may receive one
17 year of experience credit. Upon completion of a Ph.D. in
18 engineering, an applicant may receive an additional year
19 experience credit for a maximum of 2 years.
20 (b) Teaching engineering subjects in an engineering
21 college is considered experience in engineering.
22 (c) (Blank). For an individual applying for licensure as
23 a professional engineer under subsection (a) or (b) of
24 Section 10, the examination for the fundamentals of
25 engineering shall be waived, if application is made before
26 January 1, 1994, for those individuals who have:
27 (1) a doctoral degree from an approved graduate
28 engineering program, and
29 (2) demonstrated, in accordance with standards set by
30 rule, a broad knowledge of the fundamentals of engineering,
31 by course work gained either in a baccalaureate, masters, or
32 doctoral program.
33 (Source: P.A. 86-667.)
-49- LRB9100291ACtmA
1 (225 ILCS 325/14) (from Ch. 111, par. 5214)
2 Sec. 14. Seal. Every professional engineer shall have a
3 seal or stamp, the impression of which shall be reproducible
4 and contain the name of the professional engineer, the
5 professional engineer's license number, and the words
6 "Licensed Registered Professional Engineer of Illinois". Any
7 seal or stamp heretofore authorized under the laws of this
8 state for use by a professional engineer, including those
9 with the words "Registered Professional Engineer of
10 Illinois", shall serve the same purpose as the seal provided
11 for by this Act. When technical submissions are prepared
12 utilizing a computer or other electronic means, the seal may
13 be generated by the computer. Signatures generated by
14 computer shall not be permitted.
15 The professional engineer who has contract responsibility
16 shall seal a cover sheet of the technical submissions, and
17 those individual portions of the technical submissions for
18 which the professional engineer is legally and professionally
19 responsible. The professional engineer practicing as the
20 support design professional shall seal those individual
21 portions of technical submissions for which the professional
22 engineer is legally and professionally responsible.
23 The use of a professional engineer's seal on technical
24 submissions constitutes a representation by the professional
25 engineer that the work has been prepared by or under the
26 personal supervision of the professional engineer or
27 developed in conjunction with the use of accepted engineering
28 standards. The use of the seal further represents that the
29 work has been prepared and administered in accordance with
30 the standards of reasonable professional skill and diligence.
31 It is unlawful to affix one's seal to technical
32 submissions if it masks the true identity of the person who
33 actually exercised direction, control and supervision of the
34 preparation of such work. A professional engineer who seals
-50- LRB9100291ACtmA
1 and signs technical submissions is not responsible for damage
2 caused by subsequent changes to or uses of those technical
3 submissions, where the subsequent changes or uses, including
4 changes or uses made by State or local governmental agencies,
5 are not authorized or approved by the professional engineer
6 who originally sealed and signed the technical submissions.
7 (Source: P.A. 88-372.)
8 (225 ILCS 325/15) (from Ch. 111, par. 5215)
9 Sec. 15. Technical submissions. All technical
10 submissions prepared by or under the personal supervision of
11 a professional engineer shall bear that professional
12 engineer's seal, signature, and license expiration date. The
13 licensee's written signature and date of signing, along with
14 the date of license expiration, shall be placed adjacent to
15 the seal. Computer generated signatures are not permitted.
16 All technical submissions intended for use in
17 construction in the State of Illinois shall be prepared and
18 administered in accordance with standards of reasonable
19 professional skill and diligence. Care shall be taken to
20 reflect the requirements of State statutes and, where
21 applicable, county and municipal ordinances in such
22 documents. In recognition that professional engineers are
23 licensed for the protection of the public health, safety and
24 welfare, documents shall be of such quality and scope, and be
25 so administered as to conform to professional standards.
26 (Source: P.A. 89-61, eff. 6-30-95.)
27 (225 ILCS 325/17.5 new)
28 Sec. 17.5. Continuing education. The Department may
29 promulgate rules of continuing education for persons licensed
30 under this Act. The Department shall consider the
31 recommendations of the Board in establishing the guidelines
32 for the continuing education requirements. The requirements
-51- LRB9100291ACtmA
1 of this Section apply to any person seeking renewal or
2 restoration under Section 17 or 18 of this Act.
3 (225 ILCS 325/20) (from Ch. 111, par. 5220)
4 Sec. 20. Fees.
5 (a) The Department shall provide by rule for a schedule
6 of fees be paid for licenses by all applicants. All fees are
7 not refundable.
8 (b) The fees for the administration and enforcement of
9 this Act, including but not limited to original licensure,
10 renewal, and restoration, shall be set by rule by the
11 Department. The following fees are not refundable:
12 (a) Certificate of engineer intern.
13 (1) The fee for application for a certificate of
14 enrollment is $20.
15 (2) In addition, applicants for any examination
16 shall be required to pay, either to the Department or to
17 the designated testing service, a fee covering the cost
18 of providing the examination. Failure to appear for the
19 examination on the scheduled date, at the time and place
20 specified, after the applicant's application for each
21 examination has been received and acknowledged by the
22 Department or the designated testing service, shall
23 result in the forfeiture of the examination fee.
24 (b) Certificate of professional engineer.
25 (1) The fee for application for a license by
26 examination is $100.
27 (2) In addition, applicants for any examination
28 shall be required to pay, either to the Department or to
29 the designated testing service, a fee covering the cost
30 of providing the examination. Failure to appear for the
31 examination on the scheduled date, at the time and place
32 specified, after the applicant's application for each
33 examination has been received and acknowledged by the
-52- LRB9100291ACtmA
1 Department or the designated testing service, shall
2 result in the forfeiture of the examination fee.
3 (3) The fee for application for a license by
4 endorsement for a professional engineer registered or
5 licensed under the laws of another state or territory of
6 the United States or of a foreign country or province is
7 $100.
8 (4) The biennial fee for the renewal of a license
9 shall be $60.
10 (5) The fee for application for the restoration of
11 a license other than from inactive status is $10 plus
12 payment of all lapsed renewal fees.
13 (c) Professional design firm registration fees.
14 (1) The fee for application for a certificate of
15 registration as a professional design firm is $75.
16 (2) The biennial fee for renewal of a certificate
17 of registration as a professional design firm shall be
18 $75.
19 (d) General fees.
20 (1) The fee for the issuance of a duplicate
21 license, for the issuance of a replacement license for a
22 license which has been lost or destroyed or for the
23 issuance of a license with a change of name or address
24 other than during the renewal period is $20. No fee is
25 required for name and address changes on Department
26 records when no duplicate license is issued.
27 (2) The fee for a certification of a registrant's
28 record for any purpose is $20.
29 (3) The fee for retabulating the numerical score of
30 an examination is the cost to the Department of
31 retabulating the examination, plus any fees charged by
32 the applicable testing service to have the examination
33 retabulated.
34 (4) The fee for a wall certificate showing
-53- LRB9100291ACtmA
1 licensure is the actual cost of producing such a
2 certificate.
3 (5) The fee for a roster of persons licensed as
4 professional engineers and of professional design firms
5 in this State is the actual cost of producing such a
6 roster.
7 (e) Any person who delivers a check or other payment to
8 the Department that is returned to the Department unpaid by
9 the financial institution upon which it is drawn shall pay to
10 the Department, in addition to the amount already owed to the
11 Department, a fine of $50. If the check or other payment was
12 for a renewal or issuance fee and that person practices
13 without paying the renewal fee or issuance fee and the fine
14 due, an additional fine of $100 shall be imposed. The fines
15 imposed by this Section are in addition to any other
16 discipline provided under this Act for unlicensed practice or
17 practice on a nonrenewed license. The Department shall
18 notify the person that payment of fees and fines shall be
19 paid to the Department by certified check or money order
20 within 30 calendar days of the notification. If, after the
21 expiration of 30 days from the date of the notification, the
22 person has failed to submit the necessary remittance, the
23 Department shall automatically terminate the license or
24 certificate or deny the application, without hearing. If,
25 after termination or denial, the person seeks a license or
26 certificate, he or she shall apply to the Department for
27 restoration or issuance of the license or certificate and pay
28 all fees and fines due to the Department. The Department may
29 establish a fee for the processing of an application for
30 restoration of a license or certificate to pay all expenses
31 of processing this application. The Director may waive the
32 fines due under this Section in individual cases where the
33 Director finds that the fines would be unreasonable or
34 unnecessarily burdensome.
-54- LRB9100291ACtmA
1 (c)(f) Disposition of fees and fines collected. All the
2 fees and fines collected pursuant to this Section shall be
3 deposited in the Design Professionals Administration and
4 Investigation Fund. Of the moneys deposited into the Design
5 Professionals Administration and Investigation Fund, the
6 Department may use such funds as necessary and available to
7 produce and distribute newsletters to persons licensed under
8 this Act.
9 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
10 eff. 6-30-95; 89-235, eff. 8-4-95.)
11 (225 ILCS 325/23) (from Ch. 111, par. 5223)
12 Sec. 23. Professional design firm registration.
13 (a) Nothing in this Act shall prohibit the formation,
14 under the provisions of the Professional Service Corporation
15 Act, as amended, of a corporation to practice professional
16 engineering.
17 Any business, including a Professional Service
18 Corporation, that not formed under the provisions of the
19 Professional Service Corporation Act and not registered as
20 such with the Department, and which includes within its
21 stated purposes or practices, or holds itself out as
22 available to practice, professional engineering, shall be
23 registered with the Department pursuant to the provisions set
24 forth in this Section.
25 Any sole proprietorship not owned and operated by an
26 Illinois licensed design professional licensed under this Act
27 shall be prohibited from offering professional engineering
28 services to the public. Any sole proprietorship owned and
29 operated by a professional engineer with an active license
30 issued under this Act and conducting or transacting such
31 business under an assumed name in accordance with the
32 provisions of the Assumed Business Name Act shall comply with
33 the registration requirements of a professional design firm.
-55- LRB9100291ACtmA
1 Any sole proprietorship owned and operated by a professional
2 engineer with an active license issued under this Act and
3 conducting or transacting such business under the real name
4 of the sole proprietor is exempt from the registration
5 requirements of a professional design firm. "Illinois
6 licensed design professional" means a person who holds an
7 active license as a professional engineer under this Act, as
8 an architect under the Illinois Architecture Practice Act of
9 1989, or as a structural engineer under the Structural
10 Engineering Practice Licensing Act of 1989.
11 (b) Any professional design firm seeking to be
12 registered pursuant to the provisions of this Section shall
13 not be registered unless one or more managing agents in
14 charge of professional engineering activities in this State
15 are designated by the professional design firm. Each
16 managing agent must at all times maintain a valid, active
17 license to practice professional engineering in Illinois.
18 No individual whose license to practice professional
19 engineering in this State is currently in a suspended or
20 revoked status shall act as a managing agent for a
21 professional design firm.
22 (c) Any business seeking to be registered under this
23 Section shall make application on a form provided by the
24 Department and shall provide such information as requested by
25 the Department, which shall include, but not be limited to:
26 (1) the name and license number of the person
27 designated as the managing agent in responsible charge of
28 the practice of professional engineering in Illinois. In
29 the case of a corporation, the corporation shall also
30 submit a certified copy of the resolution by the board of
31 directors designating the managing agent. In the case of
32 a limited liability company, the company shall submit a
33 certified copy of either its articles of organization or
34 operating agreement designating the managing agent;
-56- LRB9100291ACtmA
1 (2) the names and license numbers of the directors,
2 in the case of a corporation, the members, in the case of
3 a limited liability company, or general partners, in the
4 case of a partnership;
5 (3) a list of all office locations at which the
6 professional design firm provides professional
7 engineering services to the public; and
8 (4) a list of all assumed names of the business.
9 Nothing in this Section shall be construed to exempt a
10 professional design firm, sole proprietorship, or
11 professional service corporation from compliance with the
12 requirements of the Assumed Business Name Act.
13 It is the responsibility of the professional design firm
14 to provide the Department notice, in writing, of any changes
15 in the information requested on the application.
16 (d) The Department shall issue to each business a
17 certificate of registration to practice professional
18 engineering or offer the services of its licensees in this
19 State upon submittal of a proper application for registration
20 and payment of fees. The expiration date and renewal period
21 for each registration and renewal procedures shall be
22 established by rule.
23 (e) In the event a managing agent is terminated or
24 terminates his status as managing agent of the professional
25 design firm, the managing agent and professional design firm
26 shall notify the Department of this fact in writing, by
27 certified mail, within 10 business days of such termination.
28 Thereafter, the professional design firm, if it has so
29 informed the Department, shall have 30 days in which to
30 notify the Department of the name and license number of a
31 newly designated managing agent. If a corporation, the
32 corporation shall also submit a certified copy of a
33 resolution by the board of directors designating the new
34 managing agent. If a limited liability company, the company
-57- LRB9100291ACtmA
1 shall also submit a certified copy of either its articles of
2 organization or operating agreement designating the new
3 managing agent. The Department may, upon good cause shown,
4 extend the original 30 day period.
5 If the professional design firm has not notified the
6 Department in writing, by certified mail within the specified
7 time, the registration shall be terminated without prior
8 hearing. Notification of termination shall be sent by
9 certified mail to the last known address of the business. If
10 the professional design firm continues to operate and offer
11 professional engineering services after the termination, the
12 Department may seek prosecution under Sections 24, 39, and 40
13 of this Act for the unlicensed practice of professional
14 engineering.
15 (f) No professional design firm shall be relieved of
16 responsibility for the conduct or acts of its agent,
17 employees, members, managers, or officers by reason of its
18 compliance with this Section, nor shall any individual
19 practicing professional engineering be relieved of the
20 responsibility for professional services performed by reason
21 of the individual's employment or relationship with a
22 professional design firm registered under this Section.
23 (g) Disciplinary action against a professional design
24 firm registered under this Section shall be administered in
25 the same manner and on the same grounds as disciplinary
26 action against a licensed professional engineer. All
27 disciplinary action taken or pending against a corporation or
28 partnership before the effective date of this amendatory Act
29 of 1993 shall be continued or remain in effect without the
30 Department filing separate actions.
31 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
32 (225 ILCS 325/24) (from Ch. 111, par. 5224)
33 Sec. 24. Rules of professional conduct; Disciplinary
-58- LRB9100291ACtmA
1 action.
2 (a) The Department shall adopt rules setting standards
3 of professional conduct and establish appropriate penalty for
4 the breach of such rules. The Department may, singularly or
5 in combination, refuse to issue, restore, or renew a license
6 or registration, revoke or suspend a license or registration,
7 or place on probation, reprimand, or impose a civil penalty
8 not to exceed $10,000 upon any person, corporation,
9 partnership, or professional design firm licensed or
10 registered under this Act for any one or combination of the
11 following:
12 (1) Material misstatement in furnishing information
13 to the Department.
14 (2) Failure to comply with any provisions of this
15 Act or any of its rules.
16 (3) Conviction of any crime under the laws of the
17 United States, or any state or territory thereof, which
18 is a felony, whether related to practice or not, or
19 conviction of any crime, whether a felony, misdemeanor,
20 or otherwise, an essential element of which is dishonesty
21 or which is directly related to the practice of
22 engineering.
23 (4) Making any misrepresentation for the purpose of
24 obtaining licensure, or in applying for restoration or
25 renewal; or practice of any fraud or deceit in taking any
26 examination to qualify for licensure under this Act.
27 (5) Purposefully making false statements or signing
28 false statements, certificates, or affidavits to induce
29 payment.
30 (6) Negligence, incompetence or misconduct in the
31 practice of professional engineering as a licensed
32 professional engineer or in working as an engineer
33 intern.
34 (7) Aiding or assisting another person in violating
-59- LRB9100291ACtmA
1 any provision of this Act or its rules.
2 (8) Failing to provide information in response to a
3 written request made by the Department within 30 days
4 after receipt of such written request.
5 (9) Engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud or harm the public.
8 (10) Habitual intoxication or addiction to the use
9 of drugs.
10 (11) Discipline by the United States Government,
11 another state, District of Columbia, territory, foreign
12 nation or government agency, if at least one of the
13 grounds for the discipline is the same or substantially
14 equivalent to those set forth in this Act.
15 (12) Directly or indirectly giving to or receiving
16 from any person, firm, corporation, partnership or
17 association any fee, commission, rebate or other form of
18 compensation for any professional services not actually
19 or personally rendered.
20 (13) A finding by the Board that an applicant or a
21 registrant has failed to pay a fine imposed by the
22 Department, a registrant whose license has been placed on
23 probationary status has violated the terms of probation,
24 or a registrant has practiced on an expired, inactive,
25 suspended, or revoked license.
26 (14) Signing, affixing the professional engineer's
27 seal or permitting the professional engineer's seal to be
28 affixed to any technical submissions not prepared as
29 required by Section 14 or completely reviewed by the
30 professional engineer or under the professional
31 engineer's direct supervision.
32 (15) Physical illness, including but not limited to
33 deterioration through the aging process or loss of motor
34 skill, which results in the inability to practice the
-60- LRB9100291ACtmA
1 profession with reasonable judgment, skill or safety.
2 (16) The making of a statement pursuant to the
3 Environmental Barriers Act that a plan for construction
4 or alteration of a public facility or for construction of
5 a multi-story housing unit is in compliance with the
6 Environmental Barriers Act when such plan is not in
7 compliance.
8 (17) Failing to file a return, or to pay the tax,
9 penalty or interest shown in a filed return, or to pay
10 any final assessment of tax, penalty or interest as
11 required by a tax Act administered by the Illinois
12 Department of Revenue, until such time as the
13 requirements of any such tax Act are satisfied.
14 (a-5) In enforcing this Section, the Board upon a
15 showing of a possible violation may compel a person licensed
16 to practice under this Act, or who has applied for licensure
17 or certification pursuant to this Act, to submit to a mental
18 or physical examination, or both, as required by and at the
19 expense of the Department. The examining physicians shall be
20 those specifically designated by the Board. The Board or the
21 Department may order the examining physician to present
22 testimony concerning this mental or physical examination of
23 the licensee or applicant. No information shall be excluded
24 by reason of any common law or statutory privilege relating
25 to communications between the licensee or applicant and the
26 examining physician. The person to be examined may have, at
27 his or her own expense, another physician of his or her
28 choice present during all aspects of the examination.
29 Failure of any person to submit to a mental or physical
30 examination, when directed, shall be grounds for suspension
31 of a license until the person submits to the examination if
32 the Board finds, after notice and hearing, that the refusal
33 to submit to the examination was without reasonable cause.
34 If the Board finds a person unable to practice because of
-61- LRB9100291ACtmA
1 the reasons set forth in this Section, the Board may require
2 that person to submit to care, counseling, or treatment by
3 physicians approved or designated by the Board as a
4 condition, term, or restriction for continued, reinstated, or
5 renewed licensure to practice; or, in lieu of care,
6 counseling, or treatment, the Board may recommend to the
7 Department to file a complaint to immediately suspend,
8 revoke, or otherwise discipline the license of the person.
9 Any 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
17 registrant is subject to involuntary admission or judicial
18 admission as provided in the Mental Health and Developmental
19 Disabilities Code, as now or hereafter amended, operates as
20 an automatic suspension. Such suspension will end only upon
21 a finding by a court that the patient is no longer subject to
22 involuntary admission or judicial admission, the issuance of
23 an order so finding and discharging the patient, and the
24 recommendation of the Board to the Director that the
25 registrant be allowed to resume practice.
26 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
27 eff. 6-30-95.)
28 (225 ILCS 325/44) (from Ch. 111, par. 5244)
29 Sec. 44. Fund; appropriations; investments; audits.
30 Moneys deposited in the Design Professionals Administration
31 and Investigation Fund shall be appropriated to the
32 Department exclusively for expenses of the Department and the
33 Board in the administration of this Act, the Illinois
-62- LRB9100291ACtmA
1 Professional Land Surveyor Act of 1989, the Illinois
2 Architecture Practice Act, and the Structural Engineering
3 Practice Licensing Act of 1989. The expenses of the
4 Department under this Act shall be limited to the ordinary
5 and contingent expenses of the Design Professionals Dedicated
6 Employees within the Department as established under Section
7 62.1 of the Civil Administrative Code of Illinois and other
8 expenses related to the administration and enforcement of
9 this Act.
10 Moneys from the Fund may also be used for direct and
11 allocable indirect costs related to the public purposes of
12 the Department of Professional Regulation. Moneys in the
13 Fund may be transferred to the Professions Indirect Cost Fund
14 as authorized by Section 61e of the Civil Administrative Code
15 of Illinois.
16 Moneys in the Design Professionals Administration and
17 Investigation Fund may be invested and reinvested with all
18 earnings received from the investments to be deposited in the
19 Design Professionals Administration and Investigation Fund
20 and used for the same purposes as fees deposited in the Fund.
21 All fines and penalties under Section 24, and Section 39,
22 Section 42, and Section 43 shall be deposited in the Design
23 Professionals Administration and Investigation Fund.
24 Upon the completion of any audit of the Department as
25 prescribed by the Illinois State Auditing Act that audit
26 includes an audit of the Design Professionals Administration
27 and Investigation Fund, the Department shall make the audit
28 report open to inspection by any interested person. The copy
29 of the audit report required to be submitted to the
30 Department by this Section is in addition to copies of audit
31 reports required to be submitted to other State officers and
32 agencies by Section 3-14 of the Illinois State Auditing Act.
33 (Source: P.A. 89-204, eff. 1-1-96.)
-63- LRB9100291ACtmA
1 (225 ILCS 325/47) (from Ch. 111, par. 5247)
2 Sec. 47. Practice of structural engineering or
3 architecture. No professional engineer shall practice either
4 structural engineering as defined in the Structural
5 Engineering Practice Licensing Act of 1989 or architecture as
6 defined in the Illinois Architecture Practice Act of 1989
7 unless he is licensed pursuant to the provisions of either
8 the Structural Engineering Licensing Act of 1989 or the
9 Illinois Architecture Practice Act, respectively.
10 (Source: P.A. 86-667; 86-1475.)
11 Section 50. The Illinois Professional Land Surveyor Act
12 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
13 13, 14, 15, 18, 20, 21, 25, 27, and 48 and adding Section
14 18.5 as follows:
15 (225 ILCS 330/4) (from Ch. 111, par. 3254)
16 Sec. 4. Definitions. As used in this Act:
17 (a) "Department" means the Department of Professional
18 Regulation.
19 (b) "Director" means the Director of Professional
20 Regulation.
21 (c) "Board" means the Land Surveyors Licensing Examining
22 Licensing Act of 1989, or the Professional
8 Engineering Practice Act of 1989.
9 (g) "Professional Land Surveyor" means any person
10 licensed under the laws of the State of Illinois to practice
11 land surveying, as defined by this Act or its rules.
12 (h) "Land Surveyor-in-Training" means any person
13 licensed under the laws of the State of Illinois who has
14 qualified for, taken, and passed an examination in the
15 fundamental land surveyor-in-training subjects as provided by
16 this Act or its rules.
17 (i) "Land surveying experience" means those activities
18 enumerated in Section 5 of this Act, which, when exercised in
19 combination, to the satisfaction of the Board, is proof of an
20 applicant's broad range of training in and exposure to the
21 prevailing practice of land surveying.
22 (Source: P.A. 86-987; 86-1475.)
23 (225 ILCS 330/6) (from Ch. 111, par. 3256)
24 Sec. 6. Powers and duties of the Department. (a) The
25 Department shall exercise the powers and duties prescribed by
26 The Illinois Administrative Procedure Act for the
27 administration of licensing Acts. The Department shall also
28 exercise, subject to the provisions of this Act, the
29 following powers and duties:
30 (1) Conduct or authorize examinations to ascertain the
31 fitness and qualifications of applicants for licensure and
32 issue licenses to those who are found to be fit and
33 qualified.
-65- LRB9100291ACtmA
1 (2) Prescribe rules for a method of examination.
2 (3) Conduct hearings on proceedings to revoke, suspend,
3 or refuse to issue, renew, or restore a license, or other
4 disciplinary actions.
5 (4) Promulgate rules and regulations required for the
6 administration of this Act.
7 (5) License corporations and partnerships for the
8 practice of professional surveying and issue a license to
9 those who qualify.
10 (6) Prescribe, adopt, and amend rules as to what shall
11 constitute a surveying or related science curriculum,
12 determine if a specific surveying curriculum is in compliance
13 with the rules, and terminate the approval of a specific
14 surveying curriculum for non-compliance with such rules.
15 (7) Maintain membership in the National Council of
16 Engineering Examiners and participate in activities of the
17 Council by designating individuals for the various
18 classifications of membership and appoint delegates for
19 attendance at zone and national meetings of the Council.
20 (8) Obtain written recommendations from the Board
21 regarding qualification of individuals for licensing,
22 definition of curriculum content and approval of surveying
23 curriculums, standards of professional conduct and
24 disciplinary actions, promulgate and amend the rules
25 affecting these matters, and consult with the Board on other
26 matters affecting administration of the Act.
27 (a-5) The Department may promulgate rules for a Code of
28 Ethics and Standards of Practice to be followed by persons
29 licensed under this Act. The Department shall consider the
30 recommendations of the Board in establishing the Code of
31 Ethics and Standards of Practice.
32 (b) The Department shall consult with the Board in
33 promulgating rules. Notice of proposed rulemaking shall be
34 transmitted to the Board and the Department shall review the
-66- LRB9100291ACtmA
1 Board's response and recommendations.
2 (c) The Department shall review the Board's
3 recommendation of the applicants' qualifications. The
4 Director shall notify the Board in writing with an
5 explanation of any deviation from the Board's recommendation.
6 After review of the Director's written explanation of his
7 reasons for deviation, the Board shall have the opportunity
8 to comment upon the Director's decision.
9 Whenever the Director is not satisfied that substantial
10 justice has been done in the revocation or suspension of a
11 license, or other disciplinary action the Director may order
12 re-hearing by the same or other boards.
13 None of the functions, powers or duties enumerated in
14 this Section shall be exercised by the Department except upon
15 the action and report in writing of the Board.
16 (Source: P.A. 86-987.)
17 (225 ILCS 330/7) (from Ch. 111, par. 3257)
18 Sec. 7. Creation of the Board; Composition and
19 qualifications and terms of the Board. The Board shall be
20 appointed by the Director and shall consist of 7 members, one
21 of whom shall be a public member and 6 of whom shall be
22 Professional Land Surveyors. The members shall be residents
23 of Illinois. Each Professional Land Surveyor member shall
24 (a) currently hold a valid Professional Land Surveyor license
25 in Illinois and shall have held the license under this Act or
26 its predecessor for the previous 10 year period, and (b) have
27 not been disciplined within the last 10 year period under
28 this Act or its predecessor. The public member shall not be
29 an employee of the State of Illinois or of the federal
30 government, and shall not be licensed under this Act or any
31 other Act the Department administers.
32 Members shall be appointed who reasonably represent the
33 different geographic areas of Illinois and shall serve for 5
-67- LRB9100291ACtmA
1 year terms, and until their successors are qualified and
2 appointed. The term of the initial appointments shall be as
3 follows: the public member shall be appointed to serve for 3
4 years, 2 land surveyor members shall be appointed to serve
5 for 2 years, 2 land surveyor members shall be appointed to
6 serve for 4 years, and 2 land surveyor members shall be
7 appointed to serve for 5 years, and until their successors
8 are qualified and appointed. A member shall not be eligible
9 for appointment to more than 2 consecutive 5 year terms.
10 Appointments to fill vacancies shall be made in the same
11 manner as original appointments, for the unexpired portion of
12 the term. Initial terms shall begin on the effective date of
13 this Act. Board members currently appointed under this The
14 Illinois Land Surveyors Act and in office on the effective
15 date of this Act shall continue to hold office until their
16 terms expire and they are replaced initial appointees under
17 this Act are qualified and appointed. All appointments shall
18 be made on the basis of individual professional
19 qualifications with the exception of the public member and
20 shall not be based upon race, sex, or religious or political
21 affiliations.
22 Each member of the Board shall receive compensation when
23 attending to the work of the Board or any of its committees
24 and for time spent in necessary travel. In addition, members
25 shall be reimbursed for actual traveling, incidentals and
26 expenses necessarily incurred in carrying out their duties as
27 members of the Board.
28 The Director shall consider the advice and
29 recommendations of the Board on issues involving standards of
30 professional conduct, discipline and qualifications of the
31 candidates and licensees under this Act.
32 The Director shall make the Board appointments within 90
33 days of any vacancy. The Professional Land Surveyor members
34 shall be selected from a current list of candidates updated
-68- LRB9100291ACtmA
1 by June 1 of each year, as submitted by members of the land
2 surveying profession and by affiliated organizations.
3 Members of the Board shall be immune from suit in any
4 action based upon any disciplinary proceedings or other
5 activities performed in good faith as members of the Board.
6 The Director may remove any member of the Board for
7 misconduct, incompetence, neglect of duty, or for any reason
8 prescribed by law for removal of State Officials or for not
9 attending 2 consecutive Board meetings.
10 (Source: P.A. 86-987.)
11 (225 ILCS 330/8) (from Ch. 111, par. 3258)
12 Sec. 8. Powers and duties of the Board; quorum. Subject
13 to the provisions of this Act, the Board shall exercise the
14 following functions, powers, and duties:
15 (a) Review education and experience qualifications of
16 applicants to determine eligibility as a Professional Land
17 Surveyor or Land Surveyor-in-Training and submit to the
18 Director written recommendations on applicant qualifications
19 for licensing;
20 (b) Conduct hearings regarding disciplinary actions and
21 submit a written report to the Director as required by this
22 Act and provide a Board member at informal conferences;
23 (c) Visit universities or colleges to evaluate surveying
24 curricula and submit to the Director a written recommendation
25 of acceptability of the curriculum;
26 (d) Submit a written recommendation to the Director
27 concerning promulgation or amendment of rules for the
28 administration of this Act;
29 (e) The Department may at any time seek the expert
30 advice and knowledge of the Board on any matter relating to
31 the enforcement of this Act;
32 (f) The Board may appoint a subcommittee to serve as a
33 Complaint Committee to recommend the disposition of case
-69- LRB9100291ACtmA
1 files according to procedures established by rule;
2 (g) Hold at least 3 regular meetings each year; and
3 (h) The Board shall annually elect a Chairperson and a
4 Vice Chairperson chairman who shall be licensed an Illinois
5 Professional Land Surveyors Surveyor.
6 A quorum of the Board shall consist of a majority of
7 Board members appointed.
8 (Source: P.A. 88-428.)
9 (225 ILCS 330/10) (from Ch. 111, par. 3260)
10 Sec. 10. Application for original license. Every person
11 who desires to obtain a license shall apply to the Department
12 in writing, upon forms prepared and furnished by the
13 Department. Each application shall contain statements made
14 under oath, showing the applicant's education, a detailed
15 summary of his land surveying experience, and verification of
16 the applicant's land surveying experience by the applicant's
17 supervisor who shall be a licensed land surveyor and at least
18 one reference who is a Professional Land Surveyor having
19 personal knowledge of the applicant's land surveying
20 experience and who shall certify the applicant's experience
21 to the satisfaction of the Board, and the application shall
22 be accompanied with the required fee. The Department may
23 require an applicant, at the applicant's expense, to have an
24 evaluation of the applicant's education in a foreign country
25 by a nationally recognized educational body approved by the
26 Board in accordance with rules prescribed by the Department.
27 An applicant who graduated from a land surveying program
28 outside the United States or its territories and whose first
29 language is not English shall submit certification of passage
30 of the Test of English as a Foreign Language (TOEFL) and the
31 Test of Spoken English (TSE) as defined by rule before taking
32 the licensure examination.
33 (Source: P.A. 89-594, eff. 8-1-96.)
-70- LRB9100291ACtmA
1 (225 ILCS 330/12) (from Ch. 111, par. 3262)
2 Sec. 12. Qualifications for licensing.
3 (a) A person is qualified to receive a license as a
4 Professional Land Surveyor and the Department shall issue a
5 license to a person:
6 (1) who has applied in writing in the required form
7 and substance to the Department;
8 (2) (blank);
9 (3) who is of good moral character;
10 (4) who has been issued a acquired an Illinois
11 license as a Land Surveyor-in-Training;
12 (5) who has at least 4 years of responsible charge
13 experience, subsequent to passage of an examination for
14 licensure as a Land Surveyor-in-Training, verified by a
15 Professional Land Surveyor in responsible charge of land
16 surveying operations under the direct supervision and
17 control of a an Illinois Professional Land Surveyor; and
18 (6) who has passed an examination authorized by the
19 Department to determine his fitness to receive a license
20 as a Professional Land Surveyor.
21 (b) A person is qualified to receive a license as a Land
22 Surveyor-in-Training and the Department shall issue a license
23 to a person:
24 (1) who has applied in writing in the required form
25 and substance to the Department;
26 (2) (blank);
27 (3) who is of good moral character;
28 (4) who has the required education and experience
29 in the practice of land surveying as set forth in this
30 Act; and
31 (5) who has passed an examination authorized by the
32 Department to determine his or her fitness to receive a
33 license as a Land Surveyor-in-Training in accordance with
34 this Act.
-71- LRB9100291ACtmA
1 In determining moral character under this Section, the
2 Department may take into consideration whether the applicant
3 has engaged in conduct or actions that would constitute
4 grounds for discipline under this Act any felony conviction
5 or any violation of this Act by the applicant, but such a
6 conviction shall not operate as an absolute bar to licensing.
7 (Source: P.A. 89-387, eff. 8-20-95.)
8 (225 ILCS 330/13) (from Ch. 111, par. 3263)
9 Sec. 13. Qualifications for examination for Licensed
10 Land Surveyor-in-Training. (a) Applicants for the
11 examination for Land Surveyor-in-Training shall have:
12 (1) a baccalaureate degree in Land Surveying from an
13 accredited college or university;, or a baccalaureate degree
14 in a related science including at least 24 semester hours of
15 land surveying courses from a Board approved curriculum of an
16 accredited institution;
17 (2) a baccalaureate degree in a related science
18 including at least 24 semester hours of land surveying
19 courses from a Board approved curriculum of an accredited
20 institution. a baccalaureate degree in a related science as
21 approved by the Board, from an accredited college or
22 university and 2 years land surveying experience;
23 (3) an associate degree in Land Surveying Technology
24 from an accredited junior college and 3 years land surveying
25 experience;
26 (4) an associate degree in engineering technology from
27 an accredited junior college and 4 years land surveying
28 experience; or
29 (5) a high school diploma or its equivalent and 8 years
30 land surveying experience.
31 Beginning January 1, 1998, an applicant must have a
32 baccalaureate degree in land surveying from an accredited
33 college or university, or a baccalaureate degree in a related
-72- LRB9100291ACtmA
1 science including at least 24 semester hours of land
2 surveying courses from a Board approved curriculum of an
3 accredited institution, to be eligible for licensing as a
4 Land Surveyor-in-Training.
5 (Source: P.A. 86-987.)
6 (225 ILCS 330/14) (from Ch. 111, par. 3264)
7 Sec. 14. License to be displayed. Every holder of a
8 license as a Professional Land Surveyor or Land
9 Surveyor-in-Training shall display it in a conspicuous
10 location place in his or her principal office, place of
11 business, or place of employment, or any other offices or
12 places of business or employment where the Professional Land
13 Surveyor or Land Surveyor-in-Training regularly practices.
14 (Source: P.A. 86-987.)
15 (225 ILCS 330/15) (from Ch. 111, par. 3265)
16 Sec. 15. Seal. Every Professional Land Surveyor shall
17 have a reproducible seal or facsimile, which may be computer
18 generated, the impression of which shall contain the name of
19 the land surveyor, his place of business, the license number,
20 of the Professional Land Surveyor, and the words
21 "Professional Land Surveyor, State of Illinois". A
22 Professional Land Surveyor shall seal or stamp all documents
23 prepared by or under the direct supervision and control of
24 the Professional Land Surveyor. Any seal authorized or
25 approved by the Department under the Illinois Land Surveyors
26 Act shall serve the same purpose as the seal provided for by
27 this Act. Signatures generated by computer shall not be
28 permitted. The licensee's written signature and date of
29 signing along with the date of license expiration shall be
30 placed adjacent to the seal.
31 (Source: P.A. 90-655, eff. 7-30-98.)
-73- LRB9100291ACtmA
1 (225 ILCS 330/18) (from Ch. 111, par. 3268)
2 Sec. 18. Renewal, reinstatement or restoration of
3 license; Persons in military service. The expiration date
4 and renewal period for each license as a Professional Land
5 Surveyor issued under this Act shall be set by rule. The
6 holder of a license may renew such license during the month
7 preceding the expiration date by paying the required fee.
8 Each application for renewal shall be impressed with the
9 Professional Land Surveyor's seal or stamp.
10 Any Professional Land Surveyor whose license has been
11 inactive expired for less than 5 years is required to pay the
12 current renewal fee and shall have his or her license
13 restored.
14 If the Professional Land Surveyor has not maintained an
15 active practice in another jurisdiction satisfactory to the
16 Department, the Department shall determine, by an evaluation
17 program established by rule, the person's fitness to resume
18 active status and may require that person to successfully
19 complete an examination.
20 A Professional Land Surveyor whose license has been
21 expired for more than 5 years may have the license restored
22 by making application to the Department and filing proof
23 acceptable to the Board of fitness to have the license
24 restored, including, but not limited to, sworn evidence
25 certifying to active practice in another jurisdiction and
26 payment of the required renewal, reinstatement or restoration
27 fee.
28 However, any Professional Land Surveyor whose license
29 expired while engaged (a) in federal service on active duty
30 with the armed forces of the United States, or the State
31 Militia called into active service or training, or (b) in
32 training or education under the supervision of the United
33 States preliminary to induction into the military service,
34 may have a license renewed without paying any lapsed
-74- LRB9100291ACtmA
1 reinstatement or restoration fees upon passing an oral
2 examination by the Board, or without taking any examination,
3 if approved by the Board, if, within 2 years after the
4 termination other than by dishonorable discharge of such
5 service, training, or education, the licensee furnishes the
6 Department with an affidavit to the effect the licensee was
7 so engaged and that the service, training, or education has
8 so terminated.
9 A license for a Land Surveyor-in-Training is valid for 10
10 years and may not be renewed.
11 (Source: P.A. 86-987.)
12 (225 ILCS 330/18.5 new)
13 Sec. 18.5. Continuing education. The Department may
14 promulgate rules of continuing education for persons licensed
15 under this Act. The Department shall consider the
16 recommendations of the Board in establishing the guidelines
17 for the continuing education requirements. The requirements
18 of this Section apply to any person seeking renewal or
19 restoration under Section 18 or 19 of this Act.
20 (225 ILCS 330/20) (from Ch. 111, par. 3270)
21 Sec. 20. Endorsement. Upon payment of the required fee,
22 an applicant who is a Professional Land Surveyor, a Land
23 Surveyor-in-Training, or registered, or licensed, or
24 otherwise legally recognized as a Land Surveyor under the
25 laws of another state or territory of the United States may
26 be granted a license as an Illinois Professional Land
27 Surveyor by the Department with approval of the Board upon
28 the following conditions:
29 (a) That the applicant meets the requirements for
30 licensing in this State, and that the requirements for
31 licensing or other legal recognition of Land Surveyors in the
32 particular state or territory were, at the date of issuance
-75- LRB9100291ACtmA
1 of the license or certificate, equivalent to the requirements
2 then in effect in the State of Illinois; however, the
3 applicant shall be exempt from the requirements of item (5)
4 of subsection (a) of Section 12 of this Act if he or she (1)
5 applied for a license under this Section between September 1,
6 1996 and October 31, 1996 and (2) has 10 or more years of
7 supervised experience as a land surveyor; and
8 (b) That the applicant passes a jurisdictional
9 examination to determine the applicant's knowledge of the
10 surveying tasks unique to the State of Illinois and the laws
11 pertaining thereto.
12 (Source: P.A. 90-602, eff. 6-26-98.)
13 (225 ILCS 330/21) (from Ch. 111, par. 3271)
14 Sec. 21. Fees. The following fees are not refundable:
15 (a) The Department shall provide by rule for a schedule
16 of fees to be paid for licenses by all applicants. All fees
17 are not refundable The fee for application for a license as a
18 Land Surveyor-in-Training is $70.
19 (b) The fees for the administration and enforcement of
20 the Act, including but not limited to original licensure,
21 renewal, and restoration, shall be set by rule by the
22 Department The fee for application for a license as a
23 Professional Land Surveyor is $150.
24 (c) All fees and fines collected shall be deposited in
25 the Design Professionals Administration and Investigation
26 Fund. Of the moneys deposited into the Design Professionals
27 Administration and Investigation Fund, the Department may use
28 such funds as necessary to produce and distribute newsletters
29 to persons licensed under this Act The fee for a license for
30 a Professional Land Surveyor registered or licensed under the
31 laws of another state or territory of the United States or of
32 a foreign country or province is $150.
33 (d) The fee for the renewal of a license shall be $60.
-76- LRB9100291ACtmA
1 (e) The fee for the restoration of a license other than
2 from inactive status is $10 plus payment of all lapsed
3 renewal fees, the total fee not to exceed $110.
4 (f) The fee for a certificate of registration as a
5 Professional Land Surveyor Firm is $75.
6 (g) The fee for the renewal of a certificate of
7 registration as a professional land surveying firm shall be
8 $60.
9 (h) The fee for the issuance of a replacement license,
10 for a license which has been lost or destroyed, or for the
11 issuance of a license with a change of name or address other
12 than during the renewal period is $20. No fee is required
13 for name and address changes on Department records when no
14 duplicate license is issued.
15 (i) The fee for a certification of a licensee's record
16 for any purpose is $20.
17 (j) The fee for an examination to determine preliminary
18 education is $20.
19 (k) The fee for rescoring an examination is the cost to
20 the Department of rescoring the examination, plus any fees
21 charged by the applicable testing service to have the
22 examination rescored.
23 (l) The fee for a wall certificate showing licensure is
24 the actual cost of producing such certificate.
25 (m) The fee for a roster of persons licensed as Land
26 Surveyor-in-Training or Professional Land Surveyor in this
27 State is the actual cost of producing such a roster.
28 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
29 (225 ILCS 330/25) (from Ch. 111, par. 3275)
30 Sec. 25. Professional design land surveying firm
31 registration.
32 (a) Nothing in this Act shall prohibit the formation,
33 under the provisions of the Professional Service Corporation
-77- LRB9100291ACtmA
1 Act, of a corporation to offer the practice of professional
2 land surveying.
3 Any business, including a Professional Service
4 Corporation, that includes within its stated purposes or
5 practices, or holds itself out as available to practice,
6 professional land surveying shall be registered with the
7 Department pursuant to the provisions set forth in this
8 Section.
9 Any sole proprietorship not owned and operated by an
10 Illinois licensed design professional licensed under this Act
11 shall be prohibited from offering professional land surveyor
12 services to the public. Any sole proprietorship owned and
13 operated by a professional land surveyor with an active
14 license issued under this Act and conducting or transacting
15 such business under an assumed name in accordance with the
16 provisions of the Assumed Business Name Act shall comply with
17 the registration requirements of a professional design firm.
18 Any sole proprietorship owned and operated by a Professional
19 Land Surveyor with an active license issued under this Act
20 and conducting or transacting such business under the real
21 name of the sole proprietor is exempt from the registration
22 requirements of a professional design firm. "Illinois
23 licensed design professional" means a person who holds an
24 active license as a professional engineer under the
25 Professional Engineering Practice Act of 1989, as an
26 architect under the Illinois Architecture Practice Act of
27 1989, as a structural engineer under the Structural
28 Engineering Practice Act of 1989, or as a Professional Land
29 Surveyor under this Act.
30 (b) Any professional design firm seeking to be
31 registered pursuant to the provisions of this Section shall
32 not be registered unless one or more managing agents in
33 charge of land surveyor activities in this State are
34 designated by the professional design firm. Each managing
-78- LRB9100291ACtmA
1 agent must at all times maintain a valid, active license to
2 practice professional land surveying in Illinois.
3 No individual whose license to practice professional land
4 surveying in this State is currently in a suspended or
5 revoked state shall act as a managing agent for a
6 professional design firm.
7 (c) Any business seeking to be registered under this
8 Section shall make application on a form provided by the
9 Department and shall provide such information as requested by
10 the Department, which shall include, but not be limited to:
11 (1) the name and license number of the person
12 designated as the managing agent in responsible charge of
13 the practice of professional land surveying in Illinois.
14 In the case of a corporation, the corporation shall also
15 submit a certified copy of the resolution by the board of
16 directors designating the managing agent. In the case of
17 a limited liability company, the company shall submit a
18 certified copy of either its articles or organization or
19 operating agreement designating the managing agent;
20 (2) the names and license numbers of the directors,
21 in the case of a corporation, the members, in the case of
22 a limited liability company, or general partners, in the
23 case of a partnership;
24 (3) a list of all office locations at which the
25 professional design firm provides professional land
26 surveying services to the public; and
27 (4) a list of all assumed names of the business.
28 Nothing in this Section shall be construed to exempt a
29 professional design firm, sole proprietorship, or
30 professional service corporation from compliance with the
31 requirements of the Assumed Business Name Act.
32 It is the responsibility of the professional design firm
33 to provide the Department notice, in writing, of any changes
34 in the information requested on the application.
-79- LRB9100291ACtmA
1 (d) The Department shall issue to each business a
2 certificate of registration to practice professional land
3 surveying or offer the services of its licensees in this
4 State upon submittal of a proper application for registration
5 and payment of fees. The expiration date and renewal period
6 for each registration and renewal procedures shall be
7 established by rule.
8 (e) In the event a managing agent is terminated or
9 terminates his status as managing agent of the professional
10 design firm, the managing agent and a professional design
11 firm shall notify the Department of this fact in writing, by
12 certified mail, within 10 business days of such termination.
13 Thereafter, the professional design firm, if it has so
14 informed the Department, shall have 30 days in which to
15 notify the Department of the name and licensure number of a
16 newly designated managing agent. If a corporation, the
17 corporation shall also submit a certified copy of a
18 resolution by the board of directors designating the new
19 managing agent. If a limited liability company, the company
20 shall also submit a certified copy of either its articles of
21 organization or operating agreement designating the new
22 managing agent. The Department may, upon good cause shown,
23 extend the original 30 day period.
24 If the professional design firm has not notified the
25 Department in writing, by certified mail within the specified
26 time, the registration shall be terminated without prior
27 hearing. Notification of termination shall be sent by
28 certified mail to the last known address of the business. If
29 the professional design firm continues to operate and offer
30 professional land surveyor services after the termination,
31 the Department may seek prosecution under Sections 27, 43,
32 and 46 of this Act for the unlicensed practice of
33 professional land surveying.
34 No professional design firm shall be relieved of
-80- LRB9100291ACtmA
1 responsibility for the conduct or acts of its agent,
2 employees, members, managers, or officers by reason of its
3 compliance with this Section, nor shall any individual
4 practicing professional land surveying be relieved of the
5 responsibility for professional services performed by reason
6 of the individual's employment or relationship with a
7 professional design firm registered under this Section.
8 (g) Disciplinary action against a professional design
9 firm registered under this Section shall be administered in
10 the same manner and on the same grounds as disciplinary
11 action against a licensed professional land surveyor. All
12 disciplinary action taken or pending against a corporation or
13 partnership before the effective date of this amendatory Act
14 of 1999 shall be continued or remain in effect without the
15 Department filing separate actions. Upon payment of the
16 required fee the Department shall issue, upon the approval of
17 the Board, without examination, a certificate of registration
18 as a professional land surveying firm to offer the services
19 of its licensed Illinois professional land surveyors to any
20 corporation, partnership, or limited liability company which
21 applies for one in writing if:
22 (1) In a case of a corporation a majority of its
23 officers and board of directors are licensed as
24 professional land surveyors in Illinois.
25 (2) In the case of a limited liability company, a
26 majority of its members are licensed professional land
27 surveyors in Illinois.
28 (3) In the case of a partnership, all members of
29 the partnership are licensed professional land surveyors
30 in Illinois.
31 (b) All surveying by the professional land surveying
32 firm must be done under the direct supervision and control of
33 an officer of a managing agent who holds a license as a
34 professional land surveyor. The managing agent must be
-81- LRB9100291ACtmA
1 designated on the professional land surveying firm
2 application. The managing agent must be:
3 (1) an officer of the corporation;
4 (2) a member of the limited liability company; or
5 (3) a member of the partnership.
6 When a managing agent is terminated or terminates his or
7 her status, the managing agent shall notify the Department in
8 writing by certified mail within 10 business days of the
9 termination. Thereafter, the professional land surveying firm
10 shall, within 30 days, notify the Department of the name and
11 professional land surveyor's license number of the newly
12 designated managing agent. The Department may, upon good
13 cause, extend the 30 day period. If the professional land
14 surveying firm fails to notify the Department in writing by
15 certified mail within the specified time, the registration
16 shall be terminated without prior hearing. Notification of
17 termination shall be sent by certified mail to the last known
18 address of the business. If the professional land surveying
19 firm continues to operate and offer land surveying services
20 after the termination, the Department may seek prosecution
21 under Sections 27, 43, and 43a of this Act for the unlicensed
22 practice of land surveying.
23 (h) (c) Any professional services corporation, sole
24 proprietorship, or professional design land surveying firm
25 offering land surveying services must have a resident land
26 surveyor overseeing the land surveying practices in each
27 location in which land surveying services are provided.
28 (d) Any sole proprietorship not owned and operated by an
29 Illinois professional land surveyor shall be prohibited from
30 offering land surveying services to the public. Any sole
31 proprietorship owned and operated by a land surveyor with an
32 active license issued under this Act and conducting or
33 transacting such business under an assumed name in accordance
34 with the provisions of the Assumed Business Name Act shall
-82- LRB9100291ACtmA
1 comply with the registration requirements of a professional
2 land surveying firm. Any sole proprietorship owned and
3 operated by a professional land surveyor with an active
4 license issued under this Act and conducting or transacting
5 such business under the real name of the sole proprietor is
6 exempt from the registration requirements of a professional
7 land surveying firm.
8 (e) Disciplinary action against a professional land
9 surveying firm registered under this Section shall be
10 administered in the same manner and on the same grounds as
11 disciplinary action against a licensed land surveyor. All
12 disciplinary action taken or pending against a corporation or
13 partnership before the effective date of this amendatory Act
14 of 1993 shall be continued or remain in effect without the
15 Department filing separate actions.
16 (f) A professional land surveying firm shall provide
17 notice in writing to the Department of any change in the
18 information requested upon an application.
19 (g) Nothing in this Section shall be construed to exempt
20 a business from compliance with the requirements of the
21 Assumed Business Name Act.
22 (h) Nothing in this Act shall restrict licensees from
23 forming professional service corporations under the
24 provisions of the Professional Service Corporation Act, as
25 now or hereafter amended, and having these corporations
26 licensed for the practice of land surveying.
27 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
28 (225 ILCS 330/27) (from Ch. 111, par. 3277)
29 Sec. 27. Grounds for disciplinary action.
30 (a) The Department may, singularly or in combination,
31 refuse to issue, restore, or renew, or may revoke or suspend
32 a license or registration, or may place on probation,
33 censure, reprimand or impose a civil penalty not to exceed
-83- LRB9100291ACtmA
1 $10,000, upon any person, corporation, partnership, or
2 professional land surveying firm licensed or registered under
3 this Act for any one or combination of the following:
4 (1) material misstatement in furnishing information
5 to the Department;
6 (2) violation, including, but not limited to,
7 neglect or intentional disregard, of this Act, or its
8 rules;
9 (3) conviction of any crime under the laws of the
10 United States, or any state or territory thereof, which
11 is a felony, whether related to practice or not, or
12 conviction of any crime, whether a felony, misdemeanor,
13 or otherwise, an essential element of which is dishonesty
14 or which is directly related to the practice of land
15 surveying;
16 (4) making any misrepresentation for the purpose of
17 obtaining a license, or in applying for restoration or
18 renewal, or the practice of any fraud or deceit in taking
19 any examination to qualify for licensure under this Act;
20 (5) purposefully making false statements or signing
21 false statements, certificates, or affidavits to induce
22 payment;
23 (6) proof of carelessness, incompetence,
24 negligence, or misconduct in practicing land surveying;
25 (7) aiding or assisting another person in violating
26 any provision of this Act or its rules;
27 (8) failing to provide information in response to a
28 written request made by the Department within 30 days
29 after receipt of such written request;
30 (9) engaging in dishonorable, unethical, or
31 unprofessional conduct of a character likely to deceive,
32 defraud, or harm the public;
33 (10) habitual intoxication or addiction to the use
34 of drugs;
-84- LRB9100291ACtmA
1 (11) discipline by the United States government,
2 another state, District of Columbia, territory, foreign
3 nation or government agency if at least one of the
4 grounds for the discipline is the same or substantially
5 equivalent to those set forth in this Act;
6 (12) directly or indirectly giving to or receiving
7 from any person, firm, corporation, partnership, or
8 association any fee, commission, rebate, or other form of
9 compensation for any professional services not actually
10 or personally rendered;
11 (12.5) issuing a map or plat of survey where the
12 fee for professional services is contingent on a real
13 estate transaction closing;
14 (13) a finding by the Board that an applicant or
15 licensee has failed to pay a fine imposed by the
16 Department or a licensee whose license has been placed on
17 probationary status has violated the terms of probation;
18 (14) practicing on an expired, inactive, suspended,
19 or revoked license;
20 (15) signing, affixing the Professional Land
21 Surveyor's seal or permitting the Professional Land
22 Surveyor's seal to be affixed to any map or plat of
23 survey not prepared by the Professional Land Surveyor or
24 under the Professional Land Surveyor's direct supervision
25 and control;
26 (16) physical illness, including but not limited to
27 deterioration through the aging process or loss of motor
28 skill, which results in the inability to practice the
29 profession with reasonable judgment, skill, or safety;
30 (17) issuing a check or other guarantee to the
31 order of the Department which is not honored on 2
32 occasions by the financial institution upon which it is
33 drawn because of insufficient funds;
34 (18) failure to adequately supervise or control
-85- LRB9100291ACtmA
1 land surveying operations being performed by
2 subordinates.
3 (a-5) In enforcing this Section, the Board upon a
4 showing of a possible violation may compel a person licensed
5 to practice under this Act, or who has applied for licensure
6 or certification pursuant to this Act, to submit to a mental
7 or physical examination, or both, as required by and at the
8 expense of the Department. The examining physicians shall be
9 those specifically designated by the Board. The Board or the
10 Department may order the examining physician to present
11 testimony concerning this mental or physical examination of
12 the licensee or applicant. No information shall be excluded
13 by reason of any common law or statutory privilege relating
14 to communications between the licensee or applicant and the
15 examination physician. The person to be examined may have,
16 at his or her own expense, another physician of his or her
17 choice present during all aspects of the examination.
18 Failure of any person to submit to a mental or physical
19 examination, when directed, shall be grounds for suspension
20 of a licensee until the person submits to the examination if
21 the Board finds, after notice and hearing, that the refusal
22 to submit to the examination was without reasonable cause.
23 If the Board finds a person unable to practice because of
24 the reasons set forth in this Section, the Board may require
25 that person to submit to care, counseling, or treatment by
26 physicians approved or designated by the Board as a
27 condition, term, or restriction for continued, reinstated, or
28 renewed licensure to practice; or, in lieu of care,
29 counseling, or treatment, the Board may recommend to the
30 Department to file a complaint to immediately suspend,
31 revoke, or otherwise discipline the license of the person.
32 Any person whose license was granted, continued, reinstated,
33 renewed, disciplined, or supervised subject to such terms,
34 conditions, or restrictions and who fails to comply with such
-86- LRB9100291ACtmA
1 terms, conditions, or restrictions shall be referred to the
2 Director for a determination as to whether the person shall
3 have his or her license suspended immediately, pending a
4 hearing by the Board.
5 (b) The determination by a circuit court that a licensee
6 is subject to involuntary admission or judicial admission as
7 provided in the Mental Health and Developmental Disabilities
8 Code, as now or hereafter amended, operates as an automatic
9 license suspension. Such suspension will end only upon a
10 finding by a court that the patient is no longer subject to
11 involuntary admission or judicial admission and the issuance
12 of an order so finding and discharging the patient and upon
13 the recommendation of the Board to the Director that the
14 licensee be allowed to resume his practice.
15 (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
16 (225 ILCS 330/48) (from Ch. 111, par. 3298)
17 Sec. 48. Fund, appropriations, investments and audits.
18 The moneys deposited in the Design Professionals
19 Administration and Investigation Fund from fines and fees
20 under this Act shall be appropriated to the Department
21 exclusively for expenses of the Department and the Board in
22 the administration of this Act, the Illinois Architecture
23 Practice Act, the Professional Engineering Practice Act of
24 1989, and the Structural Engineering Practice Licensing Act
25 of 1989. The expenses of the Department under this Act shall
26 be limited to the ordinary and contingent expenses of the
27 Design Professionals Dedicated Employees within the
28 Department as established under Section 62.1 of the Civil
29 Administrative Code of Illinois and other expenses related to
30 the administration and enforcement of this Act.
31 Moneys from the Fund may also be used for direct and
32 allocable indirect costs related to the public purposes of
33 the Department of Professional Regulation. Moneys in the
-87- LRB9100291ACtmA
1 Fund may be transferred to the Professions Indirect Cost Fund
2 as authorized by Section 61e of the Civil Administrative Code
3 of Illinois.
4 Moneys in the Design Professionals Administration and
5 Investigation Fund may be invested and reinvested with all
6 earnings received from the investments to be deposited in the
7 Design Professionals Administration and Investigation Fund
8 and used for the same purposes as fees deposited in that
9 Fund.
10 Upon the completion of any audit of the Department as
11 prescribed by the Illinois State Auditing Act that includes
12 an audit of the Design Professionals Administration and
13 Investigation Fund, the Department shall make the audit open
14 to inspection by any interested person. The copy of the
15 audit report required to be submitted to the Department by
16 this Section is in addition to copies of audit reports
17 required to be submitted to other State officers and agencies
18 by Section 3-14 of the Illinois State Auditing Act.
19 (Source: P.A. 89-204, eff. 1-1-96.)
20 Section 55. The Structural Engineering Licensing Act of
21 1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
22 11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
23 follows:
24 (225 ILCS 340/2) (from Ch. 111, par. 6602)
25 Sec. 2. This Act shall be known and may be cited as the
26 Structural Engineering Practice Licensing Act of 1989.
27 (Source: P.A. 86-711.)
28 (225 ILCS 340/4) (from Ch. 111, par. 6604)
29 Sec. 4. In this Act:
30 (a) "Department" means the Department of Professional
31 Regulation.
-88- LRB9100291ACtmA
1 (b) "Director" means the Director of the Department of
2 Professional Regulation.
3 (c) "Board" means the Structural Engineering Board
4 appointed by the Director.
5 (d) "Negligence in the practice of structural
6 engineering" means the failure to exercise that degree of
7 reasonable professional skill, judgment and diligence
8 normally rendered by structural engineers in the practice of
9 structural engineering.
10 (e) "Structural engineer intern" means a person who is a
11 candidate for licensure as a structural engineer and who has
12 been enrolled as a structural engineer intern.
13 (f) "Structural engineer" means a person licensed under
14 the laws of the State of Illinois to practice structural
15 engineering.
16 (Source: P.A. 86-711.)
17 (225 ILCS 340/6) (from Ch. 111, par. 6606)
18 Sec. 6. The Department of Professional Regulation shall
19 exercise the following functions, powers and duties subject
20 to the provisions of this Act:
21 (1) Conduct examinations to ascertain the qualifications
22 and fitness of applicants for licensure as licensed
23 structural engineers, and pass upon the qualifications and
24 fitness of applicants for licensure by endorsement.
25 (2) Prescribe rules for a method of examination of
26 candidates.
27 (3) Prescribe rules defining what shall constitute a
28 school, college or university or department of a university,
29 or other institution, reputable and in good standing, and to
30 determine the reputability and good standing of a school,
31 college or other institution reputable and in good standing
32 by reference to a compliance with such rules; provided that
33 no school, college or university, or department of a
-89- LRB9100291ACtmA
1 university or other institution that refuses admittance to
2 applicants, solely on account of race, color, creed, sex,
3 religion, physical or mental handicap unrelated to ability,
4 or national origin shall be considered reputable and in good
5 standing.
6 (3.5) Register corporations, partnerships, professional
7 service corporations, limited liability companies, and sole
8 proprietorships for the practice of structural engineering
9 and issue a license to those who qualify.
10 (4) Investigate complaints, conduct oral interviews,
11 disciplinary conferences, and formal evidentiary hearings on
12 proceedings to refuse to issue, renew or restore, or to
13 suspend or revoke a license, or to place on probation or
14 reprimand a licensee for reasons set forth in Section 20 of
15 this Act.
16 (5) Formulate rules necessary to carry out the
17 provisions of this Act.
18 (6) Maintain membership in a national organization that
19 provides an acceptable structural engineering examination and
20 participate in activities of the organization by designation
21 of individuals for the various classifications of membership
22 and the appointment of delegates for attendance at regional
23 and national meetings of the organization. All costs
24 associated with membership and attendance of such delegates
25 to any national meetings may be funded from the Design
26 Professionals Administration and Investigation Fund.
27 Prior to issuance of any final decision or order that
28 deviates from any report or recommendation of the Board
29 relating to the qualification of applicants, discipline of
30 licensees or registrants, or promulgation of rules, the
31 Director shall notify the Board and the Secretary of State in
32 writing with an explanation of any such deviation and provide
33 a reasonable time for the Board to submit written comments to
34 the Director regarding the proposed action. In the event
-90- LRB9100291ACtmA
1 that the Board fails or declines to submit such written
2 comments within 30 days of said notification, the Director
3 may issue a final decision or order consistent with the
4 Director's original decision.
5 None of these functions, powers or duties shall be
6 exercised by the Department of Professional Regulation except
7 upon the action and report in writing of the Board.
8 (Source: P.A. 86-711.)
9 (225 ILCS 340/7) (from Ch. 111, par. 6607)
10 Sec. 7. The Director shall appoint a Structural
11 Engineering Board which shall consist of 6 members. Five
12 members shall be Illinois licensed structural engineers, who
13 have been engaged in the practice of structural engineering
14 for a minimum of 10 years, and one shall be a public member.
15 The public member shall be a voting member and shall not hold
16 a license as an architect, professional engineer, structural
17 engineer or land surveyor.
18 Members shall serve 5 year terms and until their
19 successors are appointed and qualified, except that of the
20 initial appointments, 2 members shall be appointed to serve
21 for one year, 2 shall be appointed to serve for 2 years and 2
22 shall be appointed to serve for 3 years and until their
23 successors are appointed and qualified.
24 In making the designation of persons to act, the Director
25 shall give due consideration to recommendations by members of
26 the profession and by organizations of the structural
27 engineering profession.
28 The membership of the Board should reasonably reflect
29 representation from the geographic areas in this State.
30 No member shall be reappointed to the Board for a term
31 which would cause his continuous service on the Board to be
32 longer than 10 successive years. Service prior to the
33 effective date of this Act shall not be considered in
-91- LRB9100291ACtmA
1 calculating length of service.
2 Appointments to fill vacancies shall be made in the same
3 manner as original appointments, for the unexpired portion of
4 the vacated term. Initial terms under this Act shall begin
5 upon the expiration of the terms of Committee members
6 appointed under The Illinois Structural Engineering Act.
7 Persons holding office as members of the Board Committee
8 under this the Illinois Structural Engineering Act on the
9 effective date of this Act shall serve as members of the
10 Board Committee under this Act until the expiration of the
11 term for which they were appointed and until their successors
12 are appointed and qualified under this Act.
13 A quorum of the Board shall consist of a majority of
14 Board members appointed. A majority of the quorum is
15 required for Board decisions. Four members shall constitute a
16 quorum of Board members. The Chairman shall only vote on all
17 matters to come before the Board in the case of a tie vote.
18 The Director may terminate the appointment of any member
19 for cause which in the opinion of the Director reasonably
20 justifies such termination, which may include, but is not
21 limited to, a Board member who does not attend 2 consecutive
22 meetings.
23 Notice of proposed rulemaking shall be transmitted to the
24 Board and the Department shall review the response of the
25 Board and any recommendations made therein. The Department
26 may, at any time, seek the expert advice and knowledge of the
27 Board on any matter relating to the administration or
28 enforcement of this Act.
29 Members of the Board shall be immune from suit in any
30 action based upon any disciplinary proceedings or other
31 activities performed in good faith as members of the Board.
32 Whenever the Director is not satisfied that substantial
33 justice has been done in an examination, the Director may
34 order a reexamination by the same or other examiners.
-92- LRB9100291ACtmA
1 (Source: P.A. 86-711; 87-756.)
2 (225 ILCS 340/8) (from Ch. 111, par. 6608)
3 Sec. 8. The Board has the following powers and duties:
4 (a) The Board shall hold at least 3 regular meetings
5 each year;
6 (b) The Board shall annually elect a Chairperson and a
7 Vice Chairperson, both of whom chairman who shall be Illinois
8 a licensed structural engineers engineer;
9 (c) The Board, upon request by the Department, may make
10 a curriculum evaluation to determine if courses conform to
11 requirements of approved engineering programs;
12 (d) The Department may at any time seek the expert
13 advice and knowledge of the Board on any matter relating to
14 the enforcement of this Act;
15 (e) The Board may appoint a subcommittee to serve as a
16 Complaint Committee to recommend the disposition of case
17 files according to procedures established by rule;
18 (f) The Board shall assist the Department in conducting
19 oral interviews, disciplinary conferences, and formal
20 evidentiary hearings; and
21 (g) The Board shall review applicant qualifications to
22 sit for the examination or for licensure and shall make
23 recommendations to the Department, and. the Department shall
24 review the Board's recommendations on applicant
25 qualifications; and. Prior to issuance of any final decision
26 or order which deviates from any report or recommendation of
27 the Board relating to the qualification of applicants,
28 discipline of licensees or registrants, or promulgation of
29 rules, the Director shall notify the Board and the Secretary
30 of State in writing with an explanation of any such deviation
31 and provide a reasonable time for the Board to submit written
32 comments to the Director regarding the proposed action. In
33 the event that the Board fails or declines to submit such
-93- LRB9100291ACtmA
1 written comments within 30 days of said notification, the
2 Director may issue a final decision or order consistent with
3 the Director's original decision.
4 (h) The Board shall submit written comments to the
5 Director within 30 days from notification of any final
6 decision or order from the Director that deviates from any
7 report or recommendation of the Board relating to the
8 qualification of applicants, discipline of licensees or
9 registrants, or promulgation of rules.
10 (Source: P.A. 88-428.)
11 (225 ILCS 340/9) (from Ch. 111, par. 6609)
12 Sec. 9. Applications for original licenses shall be made
13 to the Department in writing on forms prescribed by the
14 Department and shall be accompanied by the required fee,
15 which is not refundable. The application shall require such
16 information as in the judgment of the Department will enable
17 the Department to pass on the qualifications of the applicant
18 for a license. The Department may require an applicant, at
19 the applicant's expense, to have an evaluation of the
20 applicant's education in a foreign county by a nationally
21 recognized educational body approved by the Board in
22 accordance with rules prescribed by the Department.
23 An applicant who graduated from a structural engineering
24 program outside the United States or its territories and
25 whose first language is not English shall submit
26 certification of passage of the Test of English as a Foreign
27 Language (TOEFL) and the Test of Spoken English (TSE) as
28 defined by rule before taking the licensure examination.
29 (Source: P.A. 89-594, eff. 8-1-96.)
30 (225 ILCS 340/10) (from Ch. 111, par. 6610)
31 Sec. 10. The Department shall authorize examinations of
32 applicants as structural engineers at such times and places
-94- LRB9100291ACtmA
1 as it may determine. The examination of applicants shall be
2 of a character to give a fair test of the qualifications of
3 the applicant to practice structural engineering.
4 Applicants for examination as structural engineers are
5 required to pay, either to the Department or the designated
6 testing service, a fee covering the cost of providing the
7 examination. Failure to appear for the examination on the
8 scheduled date, at the time and place specified, after the
9 applicant's application for examination has been received and
10 acknowledged by the Department or the designated testing
11 service, shall result in the forfeiture of the examination
12 fee.
13 If an applicant neglects, fails without an approved
14 excuse or refuses to take the next available examination
15 offered for licensure under this Act, the fee paid by the
16 applicant shall be forfeited to the Department and the
17 application denied. If an applicant fails to pass an
18 examination for a licensure under this Act within 3 years
19 after filing the application, the application shall be
20 denied. However, such applicant may thereafter make a new
21 application for examination accompanied by the required fee,
22 and must furnish proof of meeting the qualifications for
23 examination in effect at the time of new application.
24 An applicant has one year from the date of notification
25 of successful completion of the examination to apply to the
26 Department for a license. If an applicant fails to apply
27 within one year, the applicant shall be required to again
28 take and pass the examination unless licensed in another
29 jurisdiction of the United States within one year of passing
30 the examination.
31 (Source: P.A. 86-711.)
32 (225 ILCS 340/11) (from Ch. 111, par. 6611)
33 Sec. 11. A person is qualified for enrollment licensure
-95- LRB9100291ACtmA
1 as a structural engineer intern or licensure as a structural
2 engineer if that person has applied in writing in form and
3 substance satisfactory to the Department and:
4 (a) The applicant is of good moral character. In
5 determining moral character under this Section, the
6 Department may take into consideration whether the applicant
7 has engaged in conduct or actions that would constitute
8 grounds for discipline under this Act. any felony conviction
9 of the applicant, but such a conviction shall not operate as
10 an absolute bar to licensure;
11 (a-5) The applicant, if a structural engineer intern
12 applicant, has met the minimum standards for enrollment as a
13 structural engineer intern, which are as follows:
14 (1) is a graduate of an approved engineering
15 curriculum of at least 4 years meeting the requirements
16 as set forth by rule and passes a nominal 8-hour written
17 examination in the fundamentals of engineering; or
18 (2) is a graduate of a related science curriculum
19 of at least 4 years meeting the requirements as set forth
20 by rule and passes a nominal 8-hour written examination
21 in the fundamentals of engineering.
22 (b) The applicant, if a structural engineer applicant,
23 has met the minimum standards for licensure as a structural
24 engineer, which are as follows:
25 (1) is a graduate of an approved engineering
26 curriculum of at least 4 years meeting the requirements
27 as set forth by rule and submits evidence acceptable to
28 the Department of an additional 4 years or more of
29 experience in structural engineering work of a grade and
30 character which indicates that the individual may be
31 competent to practice structural engineering as set forth
32 by rule; or
33 (2) is a graduate of an approved related science
34 curriculum of at least 4 years meeting the requirements
-96- LRB9100291ACtmA
1 as set forth by rule who submits evidence acceptable to
2 the Department of an additional 8 years or more of
3 progressive experience in structural engineering work of
4 a grade and character which indicates that the individual
5 may be competent to practice structural engineering as
6 set forth by rule.; and
7 (c) The applicant, if a structural engineer applicant,
8 has passed an examination conducted by the Department to
9 determine his fitness to receive a license as a Structural
10 Engineer.
11 (Source: P.A. 86-711.)
12 (225 ILCS 340/12) (from Ch. 111, par. 6612)
13 Sec. 12. Every holder of a license as a structural
14 engineer shall display it in a conspicuous place in the
15 holder's principal office, place of business or employment.
16 Every licensed structural engineer shall have a
17 reproducible seal or facsimile, the print of which shall
18 contain the name, place of business and license number of the
19 structural engineer, and the words "Licensed Structural
20 Engineer," "State of Illinois." The licensed structural
21 engineer shall stamp with this seal all plans, drawings, and
22 specifications prepared by or under the engineer's
23 supervision.
24 A licensed structural engineer may seal documents not
25 produced by the licensed structural engineer when the
26 documents have either been produced by others working under
27 the licensed structural engineer's personal supervision and
28 control or when the licensed structural engineer has
29 sufficiently reviewed the documents to ensure that they have
30 met the standards of reasonable professional skill and
31 diligence. In reviewing the work of others, the licensed
32 structural engineer shall, where necessary, do calculations
33 recalculations, redesign, or any other work necessary to be
-97- LRB9100291ACtmA
1 done to meet such standards and should retain evidence of
2 having done such review. The documents sealed by the
3 licensed structural engineer shall be of no lesser quality
4 than if they had been produced by the licensed structural
5 engineer. The licensed structural engineer who seals the work
6 of others is obligated to provide sufficient supervision and
7 review of such work so that the public is protected.
8 The licensed structural engineer shall affix the
9 signature, current date, date of license expiration and seal
10 to the first sheet of any bound set or loose sheets prepared
11 by the licensed structural engineer or under that licensed
12 structural engineer's immediate supervision.
13 (Source: P.A. 86-711.)
14 (225 ILCS 340/14.5 new)
15 Sec. 14.5. Continuing education. The Department may
16 promulgate rules of continuing education for persons licensed
17 under this Act. The Department shall consider the
18 recommendations of the Board in establishing the guidelines
19 for the continuing education requirements. The requirements
20 of this Section apply to any person seeking renewal or
21 restoration under Section 14 or 15 of this Act.
22 (225 ILCS 340/16) (from Ch. 111, par. 6616)
23 Sec. 16. The Department may, in its discretion, license
24 as a structural engineer upon, without examination on payment
25 of the required fee, an applicant who is a structural
26 engineer licensed under the laws of another state or
27 territory, or of another country, if the requirements for
28 licensure in the state, territory or country were, at the
29 date of licensure, substantially equivalent to the
30 requirements in force in this State on that date.
31 Applicants have 3 years from the date of application to
32 complete the application process. If the process has not
-98- LRB9100291ACtmA
1 been completed in 3 years, the application shall be denied,
2 the fee forfeited and the applicant must reapply and meet the
3 requirements in effect at the time of reapplication.
4 (Source: P.A. 86-711.)
5 (225 ILCS 340/17) (from Ch. 111, par. 6617)
6 Sec. 17. Fees.
7 (a) The Department shall provide by rule for a schedule
8 of fees to be paid for licenses by all applicants. All fees
9 are not refundable.
10 (b) The fees for the administration and enforcement of
11 the Act, including but not limited to original licensure,
12 renewal, and restoration, shall be set by rule by the
13 Department.
14 (c) All fees and fines collected shall be deposited in
15 the Design Professionals Administration and Investigation
16 Fund. Of the moneys deposited into the Design Professionals
17 Administration and Investigation Fund, the Department may use
18 such funds as necessary and available to produce and
19 distribute newsletters to persons licensed under this Act.
20 (a) The following fees are not refundable:
21 (1) The fee for application for a license is $100.
22 (2) In addition, applicants for any examination
23 shall be required to pay, either to the Department or to
24 the designated testing service, a fee covering the cost
25 of determining an applicant's eligibility and providing
26 the examination. Failure to appear for the examination on
27 the scheduled date, at the time and place specified,
28 after the applicant's application for each examination
29 has been received and acknowledged by the Department or
30 the designated testing service, shall result in the
31 forfeiture of the examination fee.
32 (3) The fee for a license for a structural engineer
33 registered or licensed under the laws of another state or
-99- LRB9100291ACtmA
1 territory of the United States, or a foreign country or
2 province is $100.
3 (4) The fee for the renewal of a license shall be
4 $60.
5 (5) The fee for the restoration of a license other
6 than from inactive status is $10 plus payment of all
7 lapsed renewal fees.
8 (6) The fee for application for a certificate of
9 registration as a professional design firm is $75.
10 (7) The fee for renewal of a certificate of
11 registration as a professional design firm shall be $75.
12 (b) General fees.
13 (1) The fee for the issuance of a license, for the
14 issuance of a replacement license for a license which has
15 been lost or destroyed or for the issuance of a license
16 with a change of name or address other than during the
17 renewal period is $20. No fee is required for name and
18 address changes on Department records when no duplicate
19 license is issued.
20 (2) The fee for a certification of a registrant's
21 record for any purpose is $20.
22 (3) The fee for rescoring an examination is the
23 cost to the Department for rescoring the examination plus
24 any fees charged by the applicable testing service.
25 (4) The fee for a wall certificate showing
26 licensure is the actual cost of producing such
27 certificate.
28 (5) The fee for a roster of persons licensed as
29 structural engineers in this State is the actual cost of
30 producing such a roster.
31 All of the fees collected pursuant to this Section shall
32 be deposited in the Design Professionals Administration and
33 Investigation Fund.
-100- LRB9100291ACtmA
1 (c) Any person who delivers a check or other payment to
2 the Department that is returned to the Department unpaid by
3 the financial institution upon which it is drawn shall pay to
4 the Department, in addition to the amount already owed to the
5 Department, a fine of $50. If the check or other payment was
6 for a renewal or issuance fee and that person practices
7 without paying the renewal fee or issuance fee and the fine
8 due, an additional fine of $100 shall be imposed. The fines
9 imposed by this Section are in addition to any other
10 discipline provided under this Act for unlicensed practice or
11 practice on a nonrenewed license. The Department shall notify
12 the person that payment of fees and fines shall be paid to
13 the Department by certified check or money order within 30
14 calendar days of the notification. If, after the expiration
15 of 30 days from the date of the notification, the person has
16 failed to submit the necessary remittance, the Department
17 shall automatically terminate the license or certificate or
18 deny the application, without hearing. If, after termination
19 or denial, the person seeks a license or certificate, he or
20 she shall apply to the Department for restoration or issuance
21 of the license or certificate and pay all fees and fines due
22 to the Department. The Department may establish a fee for the
23 processing of an application for restoration of a license or
24 certificate to pay all expenses of processing this
25 application. The Director may waive the fines due under this
26 Section in individual cases where the Director finds that the
27 fines would be unreasonable or unnecessarily burdensome.
28 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
29 (225 ILCS 340/19) (from Ch. 111, par. 6619)
30 Sec. 19. Professional design firm registration;
31 conditions.
32 (a) Nothing in this Act prohibits the formation, under
33 the provisions of the Professional Service Corporation Act,
-101- LRB9100291ACtmA
1 as amended, of a corporation to practice structural
2 engineering.
3 Any business, including a Professional Service
4 Corporation, that not formed under the provisions of the
5 Professional Service Corporation Act and not registered as
6 such with the Department, and which includes within its
7 stated purposes, practices, or holds itself out as available
8 to practice, structural engineering, shall be registered with
9 the Department pursuant to the provisions of this Section.
10 Any sole proprietorship not owned and operated by an
11 Illinois licensed design professional licensed under this Act
12 shall be prohibited from offering structural engineering
13 services to the public. "Illinois licensed design
14 professional" means a person who holds an active license as a
15 structural engineer under this Act, as an architect under the
16 Illinois Architecture Practice Act of 1989, or as a
17 professional engineer under the Professional Engineering
18 Practice Act of 1989. Any sole proprietorship owned and
19 operated by a structural engineer with an active license
20 issued under this Act and conducting or transacting such
21 business under an assumed name in accordance with the
22 provisions of the Assumed Business Name Act shall comply with
23 the registration requirements of a professional design firm.
24 Any sole proprietorship owned and operated by a structural
25 engineer with an active license issued under this Act and
26 conducting or transacting such business under the real name
27 of the sole proprietor is exempt from the registration
28 requirements of a professional design firm.
29 Any partnership which includes within its purpose,
30 practices, or holds itself out as available to practice
31 structural engineering, shall register with the Department
32 pursuant to the provisions set forth in this Section.
33 (b) Any professional design firm seeking to be
34 registered under the provisions of this Section shall not be
-102- LRB9100291ACtmA
1 registered unless a managing agent in charge of structural
2 engineering activities in this State is designated by the
3 professional design firm. A managing agent must at all times
4 maintain a valid, active license to practice structural
5 engineering in Illinois.
6 No individual whose license to practice structural
7 engineering in this State is currently in a suspended or
8 revoked status shall act as a managing agent for a
9 professional design firm.
10 (c) No business shall practice or hold itself out as
11 available to practice structural engineering until it is
12 registered with the Department.
13 (d) Any business seeking to be registered under this
14 Section shall apply for a certificate of registration on a
15 form provided by the Department and shall provide such
16 information as requested by the Department, which shall
17 include but shall not be limited to:
18 (1) the name and license number of the person
19 designated as the managing agent in responsible charge of
20 the practice of structural engineering in Illinois. In
21 the case of a corporation, the corporation shall also
22 submit a certified copy of the resolution by the board of
23 directors designating the managing agent. In the case of
24 a limited liability company, the company shall submit a
25 certified copy of either its articles of organization or
26 operating agreement designating the managing agent;
27 (2) the names and license numbers of the directors,
28 in the case of a corporation, the members, in the case of
29 a limited liability company, or general partners, in the
30 case of a partnership;
31 (3) a list of all locations at which the
32 professional design firm provides structural engineering
33 services to the public; and
34 (4) A list of all assumed names of the business.
-103- LRB9100291ACtmA
1 Nothing in this Section shall be construed to exempt a
2 professional design firm, sole proprietorship, or
3 professional service corporation from compliance with the
4 requirements of the Assumed Business Name Act.
5 It shall be the responsibility of the professional design
6 firm to provide the Department notice, in writing, of any
7 changes in the information requested on the application.
8 (e) In the event a managing agent is terminated or
9 terminates his status as managing agent of the professional
10 design firm, such managing agent and professional design firm
11 shall notify the Department of this fact in writing, by
12 certified mail, within 10 business days of such termination.
13 Thereafter, the professional design firm, if it has so
14 informed the Department, shall have 30 days in which to
15 notify the Department of the name and registration number of
16 a newly designated managing agent. If a corporation, the
17 corporation shall also submit a certified copy of a
18 resolution by the board of directors designating the new
19 managing agent. If a limited liability company, the company
20 shall also submit a certified copy of either its articles of
21 organization or operating agreement designating the new
22 managing agent. The Department may, upon good cause shown,
23 extend the original 30 day period.
24 If the professional design firm fails to notify the
25 Department in writing by certified mail within the specified
26 time, the registration shall be terminated without prior
27 hearing. Notification of termination shall be sent by
28 certified mail to the last known address of the business. If
29 the professional design firm continues to operate and offer
30 structural engineering services after the termination, the
31 Department may seek prosecution under Sections 20, 34, and
32 34a of this Act for the unlicensed practice of structural
33 engineering.
34 (f) No professional design firm shall be relieved of
-104- LRB9100291ACtmA
1 responsibility for the conduct or acts of its agents,
2 employees, members, managers, or officers by reason of its
3 compliance with this Section, nor shall any individual
4 practicing structural engineering be relieved of the
5 responsibility for professional services performed by reason
6 of the individual's employment or relationship with a
7 professional design firm registered under this Section.
8 (g) Disciplinary action against a professional design
9 firm registered under this Section shall be administered in
10 the same manner and on the same grounds as disciplinary
11 action against a licensed structural engineer. All
12 disciplinary action taken or pending against a corporation or
13 partnership before the effective date of this amendatory Act
14 of 1993 shall be continued or remain in effect without the
15 Department filing separate actions.
16 It is unlawful for any person to practice, or to attempt
17 to practice, structural engineering, without being licensed
18 under this Act. It is unlawful for any business not subject
19 to the sole proprietorship exemption to offer or provide
20 structural engineering services without active registration
21 issued by the Department as a professional design firm or
22 professional service corporation.
23 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
24 (225 ILCS 340/20) (from Ch. 111, par. 6620)
25 Sec. 20. (a) The Department may, singularly or in
26 combination, refuse to issue, renew, or restore, or may
27 suspend or revoke any license or certificate of registration,
28 or may place on probation, reprimand, or fine, with a civil
29 penalty not to exceed $10,000 for each violation, any person,
30 corporation, partnership, or professional design firm
31 registered or licensed under this Act for any of the
32 following reasons:
33 (1) Material misstatement in furnishing information
-105- LRB9100291ACtmA
1 to the Department;
2 (2) Negligence, incompetence or misconduct in the
3 practice of structural engineering;
4 (3) Making any misrepresentation for the purpose of
5 obtaining licensure;
6 (4) The affixing of a licensed structural
7 engineer's seal to any plans, specifications or drawings
8 which have not been prepared by or under the immediate
9 personal supervision of that licensed structural engineer
10 or reviewed as provided in this Act;
11 (5) Conviction of any crime under the laws of the
12 United States, or any state or territory thereof, which
13 is a felony, whether related to the practice of
14 Structural Engineering or not, or conviction of any
15 crime, whether a felony, misdemeanor, or otherwise, an
16 essential element of which is dishonesty, or which is
17 directly related to the practice of structural
18 engineering;
19 (6) Making a statement of compliance pursuant to
20 the Environmental Barriers Act, as now or hereafter
21 amended, that a plan for construction or alteration of a
22 public facility or for construction of a multi-story
23 housing unit is in compliance with the Environmental
24 Barriers Act when such plan is not in compliance;
25 (7) Failure to comply with any of the provisions of
26 this Act or its rules;
27 (8) Aiding or assisting another person in violating
28 any provision of this Act or its rules;
29 (9) Engaging in dishonorable, unethical or
30 unprofessional conduct of a character likely to deceive,
31 defraud or harm the public, as defined by rule;
32 (10) Habitual intoxication or addiction to the use
33 of drugs;
34 (11) A finding by the Board that an applicant or
-106- LRB9100291ACtmA
1 licensee has failed to pay a fine imposed by the
2 Department or a licensee whose license has been placed on
3 probationary status, has violated the terms of probation;
4 (12) Discipline by another state, territory,
5 foreign country, the District of Columbia, the United
6 States government, or any other governmental agency, if
7 at least one of the grounds for discipline is the same or
8 substantially equivalent to those set forth in this
9 Section;
10 (13) Failure to provide information in response to
11 a written request made by the Department within 30 days
12 after the receipt of such written request; or
13 (14) Physical illness, which results in the
14 inability to practice the profession of structural
15 engineering with reasonable judgment, skill or safety; or
16 including, but not limited to, deterioration through the
17 aging process or loss of motor skill.
18 (a-5) In enforcing this Section, the Board upon a
19 showing of a possible violation may compel a person licensed
20 to practice under this Act, or who has applied for licensure
21 or certification pursuant to this Act, to submit to a mental
22 or physical examination, or both, as required by and at the
23 expense of the Department. The examining physicians shall be
24 those specifically designated by the Board. The Board or the
25 Department may order the examining physician to present
26 testimony concerning this mental or physical examination of
27 the licensee or applicant. No information shall be excluded
28 by reason of any common law or statutory privilege relating
29 to communications between the licensee or applicant and the
30 examining physician. The person to be examined may have, at
31 his or her own expense, another physician of his or her
32 choice present during all aspects of the examination.
33 Failure of any person to submit to a mental or physical
34 examination, when directed, shall be grounds for suspension
-107- LRB9100291ACtmA
1 of a license until the person submits to the examination if
2 the Board finds, after notice and hearing, that the refusal
3 to submit to the examination was without reasonable cause.
4 If the Board finds a person unable to practice because of
5 the reasons set forth in this Section, the Board may require
6 that person to submit to care, counseling, or treatment by
7 physicians approved or designated by the Board as a
8 condition, term, or restriction for continued, reinstated, or
9 renewed licensure to practice; or, in lieu of care,
10 counseling, or treatment, the Board may recommend to the
11 Department to file a complaint to immediately suspend,
12 revoke, or otherwise discipline the license of the person.
13 Any person whose license was granted, continued, reinstated,
14 renewed, disciplined, or supervised subject to such terms,
15 conditions, or restrictions and who fails to comply with such
16 terms, conditions, or restrictions shall be referred to the
17 Director for a determination as to whether the person shall
18 have his or her license suspended immediately, pending a
19 hearing by the Board.
20 (b) The determination by a circuit court that a licensee
21 is subject to involuntary admission or judicial admission, as
22 provided in the Mental Health and Developmental Disabilities
23 Code, operates as an automatic suspension. Such suspension
24 will end only upon a finding by a court that the patient is
25 no longer subject to involuntary admission or judicial
26 admission, the issuance of an order so finding and
27 discharging the patient, and the recommendation of the Board
28 to the Director that the licensee be allowed to resume
29 practice.
30 The Department may refuse to issue, or may suspend, the
31 license of any person who fails to file a return, or to pay
32 the tax, penalty or interest shown in a filed return, or to
33 pay any final assessment of tax, penalty or interest, as
34 required by any tax Act administered by the Illinois
-108- LRB9100291ACtmA
1 Department of Revenue, until such time as the requirements of
2 such tax Act are satisfied.
3 Persons who assist the Department as consultants or
4 expert witnesses in the investigation or prosecution of
5 alleged violations of the Act, licensure matters, restoration
6 proceedings, or criminal prosecutions, are not liable for
7 damages in any civil action or proceeding as a result of such
8 assistance, except upon proof of actual malice. The Attorney
9 General of the State of Illinois shall defend such persons in
10 any such action or proceeding.
11 (Source: P.A. 88-428.)
12 Section 60. The Private Detective, Private Alarm,
13 Private Security, and Locksmith Act of 1993 is amended by
14 changing Section 30 as follows:
15 (225 ILCS 446/30)
16 Sec. 30. Exemptions.
17 (a) This Act does not apply to:
18 (1) An officer or employee of the United States,
19 this State, or any political subdivision of either while
20 the officer or employee is engaged in the performance of
21 his or her official duties within the course and scope of
22 his or her employment with the United States, this State,
23 or any political subdivision of either. However, any
24 person who offers his or her services as a private
25 detective or private security contractor, or any title
26 when similar services are performed for compensation,
27 fee, or other valuable consideration, whether received
28 directly or indirectly, is subject to this Act and its
29 licensing requirements.
30 (2) An attorney-at-law licensed to practice in
31 Illinois while engaging in the practice of law.
32 (3) A person engaged exclusively in the business of
-109- LRB9100291ACtmA
1 obtaining and furnishing information as to the financial
2 rating or credit worthiness of persons; and a person who
3 provides consumer reports in connection with:
4 (i) Credit transactions involving the consumer
5 on whom the information is to be furnished and
6 involving the extensions of credit to the consumer.
7 (ii) Information for employment purposes.
8 (iii) Information for the underwriting of
9 insurance involving the consumer.
10 (4) Insurance adjusters legally employed or under
11 contract as adjusters and who engage in no other
12 investigative activities other than those directly
13 connected with adjustment of claims against an insurance
14 company or self-insured by which they are employed or
15 with which they have a contract. No insurance adjuster
16 or company may utilize the term "investigation" or any
17 derivative thereof in its company name or in its
18 advertising other than for the handling of insurance
19 claims.
20 For the purposes of this Code, "insurance adjuster"
21 includes any person expressly authorized to act on behalf
22 of an insurance company or self-insured and any employee
23 thereof who acts or appears to act on behalf of the
24 insurance company or self-insured in matters relating to
25 claims, including but not limited to independent
26 contractors while performing claim services at the
27 direction of the company.
28 (5) A person engaged exclusively and employed by a
29 person, firm, association, or corporation in the business
30 of transporting persons or property in interstate
31 commerce and making an investigation related to the
32 business of that employer.
33 (6) Any person, watchman, or guard employed
34 exclusively and regularly by one employer in connection
-110- LRB9100291ACtmA
1 with the affairs of that employer only and there exists
2 an employer/employee relationship.
3 (7) Any law enforcement officer, as defined in the
4 Illinois Police Training Act, who has successfully
5 completed the requirements of basic law enforcement and
6 firearms training as prescribed by the Illinois Law
7 Enforcement Training Standards Board, employed by an
8 employer in connection with the affairs of that employer,
9 provided he or she is exclusively employed by the
10 employer during the hours or times he or she is scheduled
11 to work for that employer, and there exists an employer
12 and employee relationship.
13 In this subsection an "employee" is a person who is
14 employed by an employer who has the right to control and
15 direct the employee who performs the services in
16 question, not only as to the result to be accomplished by
17 the work, but also as to the details and means by which
18 the result is to be accomplished; and an "employer" is
19 any person or entity, with the exception of a private
20 detective, private detective agency, private security
21 contractor, private security contractor agency, private
22 alarm contractor, or private alarm contractor agency,
23 whose purpose it is to hire persons to perform the
24 business of a private detective, private detective
25 agency, private security contractor, private security
26 contractor agency, private alarm contractor, or private
27 alarm contractor agency.
28 (8) A person who sells burglar alarm systems and
29 does not install, monitor, maintain, alter, repair,
30 service, or respond to burglar alarm systems at protected
31 premises or premises to be protected, provided:
32 (i) The burglar alarm systems are
33 approved either by Underwriters Laboratories or
34 another authoritative source recognized by the
-111- LRB9100291ACtmA
1 Department and are identified by a federally
2 registered trademark.
3 (ii) The owner of the trademark has
4 expressly authorized the person to sell the
5 trademark owner's products, and the person
6 provides proof of this authorization upon the
7 request of the Department.
8 (iii) The owner of the trademark
9 maintains, and provides upon the Department's
10 request, a certificate evidencing insurance for
11 bodily injury or property damage arising from
12 faulty or defective products in an amount not
13 less than $1,000,000 combined single limit;
14 provided that the policy of insurance need not
15 relate exclusively to burglar alarm systems.
16 (9) A person who sells, installs, maintains, or
17 repairs automobile alarm systems.
18 (9-5) A person, firm, or corporation engaged solely
19 and exclusively in tracing and compiling lineage or
20 ancestry.
21 (b) Nothing in this Act prohibits any of the following:
22 (A) Servicing, installing, repairing, or rebuilding
23 automotive locks by automotive service dealers, as long
24 as they do not hold themselves out to the public as
25 locksmiths.
26 (B) Police, fire, or other municipal employees from
27 opening a lock in an emergency situation, as long as they
28 do not hold themselves out to the public as locksmiths.
29 (C) Any merchant or retail or hardware store from
30 duplicating keys, from installing, servicing, repairing,
31 rebuilding, reprogramming, or maintaining electronic
32 garage door devices or from selling locks or similar
33 security accessories not prohibited from sale by the
34 State of Illinois, as long as they do not hold themselves
-112- LRB9100291ACtmA
1 out to the public as locksmiths.
2 (D) The installation or removal of complete locks
3 or locking devices by members of the building trades when
4 doing so in the course of residential or commercial new
5 construction or remodeling, as long as they do not hold
6 themselves out to the public as locksmiths.
7 (E) The employees of towing services, repossessors,
8 or auto clubs from opening automotive locks in the normal
9 course of their duties, as long as they do not hold
10 themselves out to the public as locksmiths. Additionally,
11 this Act shall not prohibit employees of towing services
12 from opening motor vehicle locks to enable a vehicle to
13 be moved without towing, provided that the towing service
14 does not hold itself out to the public, by yellow page
15 advertisement, through a sign at the facilities of the
16 towing service, or by any other advertisement, as a
17 locksmith.
18 (F) The practice of locksmithing by students in the
19 course of study in programs approved by the Department,
20 provided that the students do not hold themselves out to
21 the public as locksmiths.
22 (G) Servicing, installing, repairing, or rebuilding
23 locks by a lock manufacturer or anyone employed by a lock
24 manufacturer, as long as they do not hold themselves out
25 to the public as locksmiths.
26 (H) The provision of any of the products or
27 services in the practice of locksmithing as identified in
28 Section 5 of this Act by a business licensed by the State
29 of Illinois as a private alarm contractor or private
30 alarm contractor agency, as long as the principal purpose
31 of the services provided to a customer is not the
32 practice of locksmithing and the business does not hold
33 itself out to the public as a locksmith agency.
34 (I) Any maintenance employee of a property
-113- LRB9100291ACtmA
1 management company at a multi-family residential building
2 from servicing, installing, repairing, or opening locks
3 for tenants as long as the maintenance employee does not
4 hold himself or herself out to the public as a locksmith.
5 (J) A person, firm, or corporation from engaging in
6 fire protection engineering, including the design,
7 testing, and inspection of fire protection systems.
8 (K) The practice of professional engineering as
9 defined in the Professional Engineering Practice Act of
10 1989.
11 (L) The practice of structural engineering as
12 defined in the Structural Engineering Practice Licensing
13 Act of 1989.
14 (M) The practice of architecture as defined in the
15 Illinois Architecture Practice Act of 1989.
16 (N) The activities of persons or firms licensed
17 under the Illinois Public Accounting Act if performed in
18 the course of their professional practice.
19 (c) This Act does not prohibit any persons legally
20 regulated in this State under any other Act from engaging in
21 the practice for which they are licensed, provided that they
22 do not represent themselves by any title prohibited by this
23 Act.
24 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
25 90-633, eff. 7-24-98.)
26 Section 65. The Professional Geologist Licensing Act is
27 amended by changing Section 20 as follows:
28 (225 ILCS 745/20)
29 Sec. 20. Exemptions. Nothing in this Act shall be
30 construed to restrict the use of the title "geologist" or
31 similar words by any person engaged in a practice of geology
32 exempted under this Act, provided the person does not hold
-114- LRB9100291ACtmA
1 himself or herself out as being a licensed professional
2 geologist or does not practice professional geology in a
3 manner requiring licensure under this Act. Performance of
4 the following activities does not require licensure as a
5 licensed professional geologist under this Act:
6 (a) The practice of professional geology by an employee
7 or a subordinate of a licensee under this Act, provided the
8 work does not include responsible charge of geological work
9 and is performed under the direct supervision of a licensed
10 professional geologist who is responsible for the work.
11 (b) The practice of professional geology by officers and
12 employees of the United States government within the scope of
13 their employment.
14 (c) The practice of professional geology as geologic
15 research to advance basic knowledge for the purpose of
16 offering scientific papers, publications, or other
17 presentations (i) before meetings of scientific societies,
18 (ii) internal to a partnership, corporation, proprietorship,
19 or government agency, or (iii) for publication in scientific
20 journals, or in books.
21 (d) The teaching of geology in schools, colleges, or
22 universities, as defined by rule.
23 (e) The practice of professional geology exclusively in
24 the exploration for or development of energy resources or
25 base, precious and nonprecious minerals, including sand,
26 gravel, and aggregate, that does not require, by law, rule,
27 or ordinance, the submission of reports, documents, or oral
28 or written testimony to public agencies. Public agencies
29 may, by law or by rule, allow required oral or written
30 testimony, reports, permit applications, or other documents
31 based on the science of geology to be submitted to them by
32 persons not licensed under this Act. Unless otherwise
33 required by State or federal law, public agencies may not
34 require that the geology-based aspects of testimony, reports,
-115- LRB9100291ACtmA
1 permits, or other documents so exempted be reviewed by,
2 approved, or otherwise certified by any person who is not a
3 licensed professional geologist. Licensure is not required
4 for the submission and review of reports or documents or the
5 provision of oral or written testimony made under the Well
6 Abandonment Act, the Illinois Oil and Gas Act, the Surface
7 Coal Mining Land Conservation and Reclamation Act, or the
8 Surface-Mined Land Conservation and Reclamation Act.
9 (f) The practice of professional engineering as defined
10 in the Professional Engineering Practice Act of 1989.
11 (g) The practice of structural engineering as defined in
12 the Structural Engineering Practice Licensing Act of 1989.
13 (h) The practice of architecture as defined in the
14 Illinois Architecture Practice Act of 1989.
15 (i) The practice of land surveying as defined in the
16 Illinois Professional Land Surveyor Act of 1989.
17 (j) The practice of landscape architecture as defined in
18 the Illinois Landscape Architecture Act of 1989.
19 (Source: P.A. 89-366, eff. 7-1-96.)
20 Section 70. The Environmental Barriers Act is amended by
21 changing Section 7 as follows:
22 (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
23 Sec. 7. Penalties.
24 (a) Any owner constructing or altering a public facility
25 or constructing a multi-story housing unit in violation of
26 this Act shall be guilty of a business offense punishable by
27 a fine not to exceed $250 per day, and each day the owner is
28 in violation of this Act constitutes a separate offense.
29 (b) Any architect or engineer negligently or
30 intentionally stating pursuant to Section 5 of this Act that
31 a plan is in compliance with this Act when such plan is not
32 in compliance shall be subject to a suspension, revocation or
-116- LRB9100291ACtmA
1 refusal of restoration of his or her certificate of
2 registration or license pursuant to the Illinois Architecture
3 Practice Act of 1989, the Professional Engineering Practice
4 Act of 1989 and the Structural Engineering Practice Licensing
5 Licensing Act of
2 1989, (d) "land surveying" as defined in Section 2 of the
3 Illinois Professional Land Surveyor Act of 1989; or
4 (2) a combination of the following personal
5 services: (a) the practice of medicine in all of its
6 branches, (b) the practice of podiatry as defined in
7 Section 5 of the Podiatric Medical Practice Act of 1987,
8 (c) the practice of dentistry as defined in the Illinois
9 Dental Practice Act, (d) the practice of optometry as
10 defined in the Illinois Optometric Practice Act of 1987.
11 (Source: P.A. 90-230, eff. 1-1-98.)
12 Section 999. Effective date. This Act takes effect
13 January 1, 2000, except that Section 5 takes effect upon
14 becoming law.
-118- LRB9100291ACtmA
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.10 from Ch. 127, par. 1904.10
4 5 ILCS 80/4.20 new
5 30 ILCS 535/15 from Ch. 127, par. 4151-15
6 30 ILCS 535/65 from Ch. 127, par. 4151-65
7 50 ILCS 510/3 from Ch. 85, par. 6403
8 110 ILCS 355/62.1 from Ch. 127, par. 62.1
9 225 ILCS 305/3 from Ch. 111, par. 1303
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 305/14 from Ch. 111, par. 1314
17 225 ILCS 305/16.5 new
18 225 ILCS 305/19 from Ch. 111, par. 1319
19 225 ILCS 305/21 from Ch. 111, par. 1321
20 225 ILCS 305/22 from Ch. 111, par. 1322
21 225 ILCS 305/38 from Ch. 111, par. 1338
22 225 ILCS 310/4 from Ch. 111, par. 8204
23 225 ILCS 320/3 from Ch. 111, par. 1103
24 225 ILCS 325/3 from Ch. 111, par. 5203
25 225 ILCS 325/4 from Ch. 111, par. 5204
26 225 ILCS 325/5 from Ch. 111, par. 5205
27 225 ILCS 325/6 from Ch. 111, par. 5206
28 225 ILCS 325/7 from Ch. 111, par. 5207
29 225 ILCS 325/8 from Ch. 111, par. 5208
30 225 ILCS 325/10 from Ch. 111, par. 5210
31 225 ILCS 325/12 from Ch. 111, par. 5212
32 225 ILCS 325/14 from Ch. 111, par. 5214
33 225 ILCS 325/15 from Ch. 111, par. 5215
34 225 ILCS 325/17.5 new
-119- LRB9100291ACtmA
1 225 ILCS 325/20 from Ch. 111, par. 5220
2 225 ILCS 325/23 from Ch. 111, par. 5223
3 225 ILCS 325/24 from Ch. 111, par. 5224
4 225 ILCS 325/44 from Ch. 111, par. 5244
5 225 ILCS 325/47 from Ch. 111, par. 5247
6 225 ILCS 330/4 from Ch. 111, par. 3254
7 225 ILCS 330/6 from Ch. 111, par. 3256
8 225 ILCS 330/7 from Ch. 111, par. 3257
9 225 ILCS 330/8 from Ch. 111, par. 3258
10 225 ILCS 330/10 from Ch. 111, par. 3260
11 225 ILCS 330/12 from Ch. 111, par. 3262
12 225 ILCS 330/13 from Ch. 111, par. 3263
13 225 ILCS 330/14 from Ch. 111, par. 3264
14 225 ILCS 330/15 from Ch. 111, par. 3265
15 225 ILCS 330/18 from Ch. 111, par. 3268
16 225 ILCS 330/18.5 new
17 225 ILCS 330/20 from Ch. 111, par. 3270
18 225 ILCS 330/21 from Ch. 111, par. 3271
19 225 ILCS 330/25 from Ch. 111, par. 3275
20 225 ILCS 330/27 from Ch. 111, par. 3277
21 225 ILCS 330/48 from Ch. 111, par. 3298
22 225 ILCS 340/2 from Ch. 111, par. 6602
23 225 ILCS 340/4 from Ch. 111, par. 6604
24 225 ILCS 340/6 from Ch. 111, par. 6606
25 225 ILCS 340/7 from Ch. 111, par. 6607
26 225 ILCS 340/8 from Ch. 111, par. 6608
27 225 ILCS 340/9 from Ch. 111, par. 6609
28 225 ILCS 340/10 from Ch. 111, par. 6610
29 225 ILCS 340/11 from Ch. 111, par. 6611
30 225 ILCS 340/12 from Ch. 111, par. 6612
31 225 ILCS 340/14.5 new
32 225 ILCS 340/16 from Ch. 111, par. 6616
33 225 ILCS 340/17 from Ch. 111, par. 6617
34 225 ILCS 340/19 from Ch. 111, par. 6619
-120- LRB9100291ACtmA
1 225 ILCS 340/20 from Ch. 111, par. 6620
2 225 ILCS 446/30
3 225 ILCS 745/20
4 410 ILCS 25/7 from Ch. 111 1/2, par. 3717
5 805 ILCS 10/3.6 from Ch. 32, par. 415-3.6