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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0122eng SB122 Engrossed LRB9102226ACtm 1 AN ACT concerning professional land surveyors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.10 and adding Section 4.20 as follows: 6 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10) 7 Sec. 4.10. The following Acts are repealed December 31, 8 1999: 9 The Fire Equipment Distributor and Employee Regulation 10 Act. 11 The Professional Engineering Practice Act of 1989. 12 The Structural Engineering Licensing Act of 1989. 13 The Illinois Architecture Practice Act of 1989. 14 The Illinois Landscape Architecture Act of 1989. 15The Illinois Professional Land Surveyor Act of 1989.16 The Land Sales Registration Act of 1989. 17 The Real Estate License Act of 1983. 18 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987; 19 86-1007; 86-1028.) 20 (5 ILCS 80/4.20 new) 21 Sec. 4.20. Act repealed on January 1, 2010. The 22 following Act is repealed on January 1, 2010: 23 The Illinois Professional Land Surveyor Act of 1989. 24 Section 10. The Illinois Professional Land Surveyor Act 25 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12, 26 13, 14, 15, 18, 20, 21, 25 and 27 and adding Section 18.5 as 27 follows: 28 (225 ILCS 330/4) (from Ch. 111, par. 3254) SB122 Engrossed -2- LRB9102226ACtm 1 Sec. 4. Definitions. As used in this Act: 2 (a) "Department" means the Department of Professional 3 Regulation. 4 (b) "Director" means the Director of Professional 5 Regulation. 6 (c) "Board" means the Land Surveyors LicensingExamining7Board. 8 (d) "Direct supervision and control" means the personal 9 review by a Licensed Professional Land Surveyor of each 10 survey, including, but not limited to, procurement, research, 11 field work, calculations, preparation of legal descriptions 12 and plats. The personal review shall be of such a nature as 13 to assure the client that the Professional Land Surveyor or 14 the firm for which the Professional Land Surveyor is employed 15 is the provider of the surveying services. 16 (e) "Responsible charge" means an individual responsible 17 for the various components of the land survey operations 18 subject to the overall supervision and control of the 19 Professional Land Surveyor. 20 (f) "Design professional" means a land surveyor, 21 architect, structural engineer, or professional engineer 22 practicing in conformance with this Act, the Illinois 23 Architecture Practice Act of 1989, the Structural Engineering 24 Licensing Act of 1989, or the Professional Engineering 25 Practice Act of 1989. 26 (g) "Professional Land Surveyor" means any person 27 licensed under the laws of the State of Illinois to practice 28 land surveying, as defined by this Act or its rules. 29 (h) "Land Surveyor-in-Training" means any person 30 licensed under the laws of the State of Illinois who has 31 qualified for, taken, and passed an examination in the 32 fundamental land surveyor-in-training subjects as provided by 33 this Act or its rules. 34 (i) "Land surveying experience" means those activities SB122 Engrossed -3- LRB9102226ACtm 1 enumerated in Section 5 of this Act, which, when exercised in 2 combination, to the satisfaction of the Board, is proof of an 3 applicant's broad range of training in and exposure to the 4 prevailing practice of land surveying. 5 (Source: P.A. 86-987; 86-1475.) 6 (225 ILCS 330/6) (from Ch. 111, par. 3256) 7 Sec. 6. Powers and duties of the Department. (a) The 8 Department shall exercise the powers and duties prescribed by 9 The Illinois Administrative Procedure Act for the 10 administration of licensing Acts. The Department shall also 11 exercise, subject to the provisions of this Act, the 12 following powers and duties: 13 (1) Conduct or authorize examinations to ascertain the 14 fitness and qualifications of applicants for licensure and 15 issue licenses to those who are found to be fit and 16 qualified. 17 (2) Prescribe rules for a method of examination. 18 (3) Conduct hearings on proceedings to revoke, suspend, 19 or refuse to issue, renew, or restore a license, or other 20 disciplinary actions. 21 (4) Promulgate rules and regulations required for the 22 administration of this Act. 23 (5) License corporations and partnerships for the 24 practice of professional surveying and issue a license to 25 those who qualify. 26 (6) Prescribe, adopt, and amend rules as to what shall 27 constitute a surveying or related science curriculum, 28 determine if a specific surveying curriculum is in compliance 29 with the rules, and terminate the approval of a specific 30 surveying curriculum for non-compliance with such rules. 31 (7) Maintain membership in the National Council of 32 Engineering Examiners and participate in activities of the 33 Council by designating individuals for the various SB122 Engrossed -4- LRB9102226ACtm 1 classifications of membership and appoint delegates for 2 attendance at zone and national meetings of the Council. 3 (8) Obtain written recommendations from the Board 4 regarding qualification of individuals for licensing, 5 definition of curriculum content and approval of surveying 6 curriculums, standards of professional conduct and 7 disciplinary actions, promulgate and amend the rules 8 affecting these matters, and consult with the Board on other 9 matters affecting administration of the Act. 10 (a-5) The Department may promulgate rules for a Code of 11 Ethics and Standards of Practice to be followed by persons 12 licensed under this Act. The Department shall consider the 13 recommendations of the Board in establishing the Code of 14 Ethics and Standards of Practice. 15 (b) The Department shall consult with the Board in 16 promulgating rules. Notice of proposed rulemaking shall be 17 transmitted to the Board and the Department shall review the 18 Board's response and recommendations. 19 (c) The Department shall review the Board's 20 recommendation of the applicants' qualifications. The 21 Director shall notify the Board in writing with an 22 explanation of any deviation from the Board's recommendation. 23 After review of the Director's written explanation of his or 24 her reasons for deviation, the Board shall have the 25 opportunity to comment upon the Director's decision. 26 Whenever the Director is not satisfied that substantial 27 justice has been done in the revocation or suspension of a 28 license, or other disciplinary action the Director may order 29 re-hearing by the same or other boards. 30 None of the functions, powers or duties enumerated in 31 this Section shall be exercised by the Department except upon 32 the action and report in writing of the Board. 33 (Source: P.A. 86-987.) SB122 Engrossed -5- LRB9102226ACtm 1 (225 ILCS 330/7) (from Ch. 111, par. 3257) 2 Sec. 7. Creation of the Board; Composition and 3 qualifications and terms of the Board. The Board shall be 4 appointed by the Director and shall consist of 7 members, one 5 of whom shall be a public member and 6 of whom shall be 6 Professional Land Surveyors. The members shall be residents 7 of Illinois. Each Professional Land Surveyor member shall 8 (a) currently hold a valid Professional Land Surveyor license 9 in Illinois and shall have held the license under this Act or 10 its predecessor for the previous 10 year period, and (b) have 11 not been disciplined within the last 10 year period under 12 this Act or its predecessor. The public member shall not be 13 an employee of the State of Illinois or of the federal 14 government, and shall not be licensed under this Act or any 15 other Act the Department administers. 16 Members shall be appointed who reasonably represent the 17 different geographic areas of Illinois and shall serve for 5 18 year terms, and until their successors are qualified and 19 appointed.The term of the initial appointments shall be as20follows: the public member shall be appointed to serve for 321years, 2 land surveyor members shall be appointed to serve22for 2 years, 2 land surveyor members shall be appointed to23serve for 4 years, and 2 land surveyor members shall be24appointed to serve for 5 years, and until their successors25are qualified and appointed.A member shall not be eligible 26 for appointment to more than 2 consecutive 5 year terms. 27 Appointments to fill vacancies shall be madein the same28manner as original appointments,for the unexpired portion of 29 the term. Initial terms shall begin on the effective date of 30 this Act. Board members currently appointed under thisThe31Illinois Land SurveyorsAct and in office on the effective 32 date of this Act shall continue to hold office until their 33 terms expire and they are replacedinitial appointees under34this Act are qualified and appointed. All appointments shall SB122 Engrossed -6- LRB9102226ACtm 1 be made on the basis of individual professional 2 qualifications with the exception of the public member and 3 shall not be based upon race, sex, or religious or political 4 affiliations. 5 Each member of the Board shall receive compensation when 6 attending to the work of the Board or any of its committees 7 and for time spent in necessary travel. In addition, members 8 shall be reimbursed for actual traveling, incidentals and 9 expenses necessarily incurred in carrying out their duties as 10 members of the Board. 11 The Director shall consider the advice and 12 recommendations of the Board on issues involving standards of 13 professional conduct, discipline and qualifications of the 14 candidates and licensees under this Act. 15 The Director shall make the Board appointments within 90 16 days of any vacancy. The Professional Land Surveyor members 17 shall be selected from a current list of candidates updated 18 by June 1 of each year, as submitted by members of the land 19 surveying profession and by affiliated organizations. 20 Members of the Board shall be immune from suit in any 21 action based upon any disciplinary proceedings or other 22 activities performed in good faith as members of the Board. 23 The Director may remove any member of the Board for 24 misconduct, incompetence, neglect of duty, or for any reason 25 prescribed by law for removal of State Officials or for not 26 attending 2 consecutive Board meetings. 27 (Source: P.A. 86-987.) 28 (225 ILCS 330/8) (from Ch. 111, par. 3258) 29 Sec. 8. Powers and duties of the Board; quorum. Subject 30 to the provisions of this Act, the Board shall exercise the 31 following functions, powers, and duties: 32 (a) Review education and experience qualifications of 33 applicants to determine eligibility as a Professional Land SB122 Engrossed -7- LRB9102226ACtm 1 Surveyor or Land Surveyor-in-Training and submit to the 2 Director written recommendations on applicant qualifications 3 for licensing; 4 (b) Conduct hearings regarding disciplinary actions and 5 submit a written report to the Director as required by this 6 Act and provide a Board member at informal conferences; 7 (c) Visit universities or colleges to evaluate surveying 8 curricula and submit to the Director a written recommendation 9 of acceptability of the curriculum; 10 (d) Submit a written recommendation to the Director 11 concerning promulgation or amendment of rules for the 12 administration of this Act; 13 (e) The Department may at any time seek the expert 14 advice and knowledge of the Board on any matter relating to 15 the enforcement of this Act; 16 (f) The Board may appoint a subcommittee to serve as a 17 Complaint Committee to recommend the disposition of case 18 files according to procedures established by rule; 19 (g) Hold at least 3 regular meetings each year; and 20 (h) The Board shall annually elect a Chairperson and a 21 Vice Chairpersonchairmanwho shall be licensedanIllinois 22 Professional Land SurveyorsSurveyor. 23 A quorum of the Board shall consist of a majority of 24 Board members appointed. 25 (Source: P.A. 88-428.) 26 (225 ILCS 330/10) (from Ch. 111, par. 3260) 27 Sec. 10. Application for original license. Every person 28 who desires to obtain a license shall apply to the Department 29 in writing, upon forms prepared and furnished by the 30 Department. Each application shall contain statements made 31 under oath, showing the applicant's education, a detailed 32 summary of his or her land surveying experience, and 33 verification of the applicant's land surveying experience by SB122 Engrossed -8- LRB9102226ACtm 1 the applicant's supervisor who shall be a licensed land 2 surveyor andat least one reference who is a Professional3Land Surveyor having personal knowledge of the applicant's4land surveying experience andwho shall certify the 5 applicant's experienceto the satisfaction of the Board, and 6 the application shall be accompanied with the required fee. 7 The Department may require an applicant, at the applicant's 8 expense, to have an evaluation of the applicant's education 9 in a foreign country by a nationally recognized educational 10 body approved by the Board in accordance with rules 11 prescribed by the Department. 12 An applicant who graduated from a land surveying program 13 outside the United States or its territories and whose first 14 language is not English shall submit certification of passage 15 of the Test of English as a Foreign Language (TOEFL) and the 16 Test of Spoken English (TSE) as defined by rulebefore taking17the licensure examination. 18 (Source: P.A. 89-594, eff. 8-1-96.) 19 (225 ILCS 330/12) (from Ch. 111, par. 3262) 20 Sec. 12. Qualifications for licensing. 21 (a) A person is qualified to receive a license as a 22 Professional Land Surveyor and the Department shall issue a 23 license 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 been issued aacquired an Illinois29 license as a Land Surveyor-in-Training; 30 (5) who has at least 4 years of responsible charge 31 experience, subsequent to passage of an examination for 32 licensure as a Land Surveyor-in-Training, verified by a 33 Professional Land Surveyor in responsible charge of land SB122 Engrossed -9- LRB9102226ACtm 1 surveying operations under the direct supervision and 2 control of aan IllinoisProfessional Land Surveyor; and 3 (6) who has passed an examination authorized by the 4 Department to determine his or her fitness to receive a 5 license as a Professional Land Surveyor. 6 (b) A person is qualified to receive a license as a Land 7 Surveyor-in-Training and the Department shall issue a license 8 to a person: 9 (1) who has applied in writing in the required form 10 and substance to the Department; 11 (2) (blank); 12 (3) who is of good moral character; 13 (4) who has the required educationand experience14in the practice of land surveyingas set forth in this 15 Act; and 16 (5) who has passed an examination authorized by the 17 Department to determine his or her fitness to receive a 18 license as a Land Surveyor-in-Training in accordance with 19 this Act. 20 In determining moral character under this Section, the 21 Department may take into consideration whether the applicant 22 has engaged in conduct or actions that would constitute 23 grounds for discipline under this Actany felony conviction24or any violation of this Act by the applicant, but such a25conviction shall not operate as an absolute bar to licensing. 26 (Source: P.A. 89-387, eff. 8-20-95.) 27 (225 ILCS 330/13) (from Ch. 111, par. 3263) 28 Sec. 13. Qualifications for examination for Licensed 29 Land Surveyor-in-Training.(a)Applicants for the 30 examination for Land Surveyor-in-Training shall have: 31 (1) a baccalaureate degree in Land Surveying from an 32 accredited college or university;,ora baccalaureate degree33in a related science including at least 24 semester hours ofSB122 Engrossed -10- LRB9102226ACtm 1land surveying courses from a Board approved curriculum of an2accredited institution;3 (2) a baccalaureate degree in a related science 4 including at least 24 semester hours of land surveying 5 courses from a Board approved curriculum of an accredited 6 institution.a baccalaureate degree in a related science as7approved by the Board, from an accredited college or8university and 2 years land surveying experience;9(3) an associate degree in Land Surveying Technology10from an accredited junior college and 3 years land surveying11experience;12(4) an associate degree in engineering technology from13an accredited junior college and 4 years land surveying14experience; or15(5) a high school diploma or its equivalent and 8 years16land surveying experience.17Beginning January 1, 1998, an applicant must have a18baccalaureate degree in land surveying from an accredited19college or university, or a baccalaureate degree in a related20science including at least 24 semester hours of land21surveying courses from a Board approved curriculum of an22accredited institution, to be eligible for licensing as a23Land Surveyor-in-Training.24 (Source: P.A. 86-987.) 25 (225 ILCS 330/14) (from Ch. 111, par. 3264) 26 Sec. 14. License to be displayed. Every holder of a 27 license as a Professional Land Surveyor or Land 28 Surveyor-in-Training shall display it in a conspicuous 29 locationplacein his or herprincipaloffice, place of 30 business, or place of employment, or any other offices or31places of business or employment where the Professional Land32Surveyor or Land Surveyor-in-Training regularly practices. 33 (Source: P.A. 86-987.) SB122 Engrossed -11- LRB9102226ACtm 1 (225 ILCS 330/15) (from Ch. 111, par. 3265) 2 Sec. 15. Seal. Every Professional Land Surveyor shall 3 have a reproducible seal or facsimile, which may be computer 4 generated, the impression of which shall contain the name of 5 the land surveyor, his or her place of business, the license 6 number, of the Professional Land Surveyor, and the words 7 "Professional Land Surveyor, State of Illinois". A 8 Professional Land Surveyor shall sealor stampall documents 9 prepared by or under the direct supervision and control of 10 the Professional Land Surveyor. Any seal authorized or 11 approved by the Department under the Illinois Land Surveyors 12 Act shall serve the same purpose as the seal provided for by 13 this Act. Signatures generated by computer shall not be 14 permitted. The licensee's written signature and date of 15 signing along with the date of license expiration shall be 16 placed adjacent to the seal. 17 (Source: P.A. 90-655, eff. 7-30-98.) 18 (225 ILCS 330/18) (from Ch. 111, par. 3268) 19 Sec. 18. Renewal, reinstatement or restoration of 20 license; Persons in military service. The expiration date 21 and renewal period for each license as a Professional Land 22 Surveyor issued under this Act shall be set by rule. The 23 holder of a license may renew such license during the month 24 preceding the expiration date by paying the required fee. 25Each application for renewal shall be impressed with the26Professional Land Surveyor's seal or stamp.27 Any Professional Land Surveyor whose license has been 28 inactiveexpiredfor less than 5 years is required to pay the 29 current renewal fee and shall have his or her license 30 restored. 31 If the Professional Land Surveyor has not maintained an 32 active practice in another jurisdiction satisfactory to the 33 Department, the Department shall determine, by an evaluation SB122 Engrossed -12- LRB9102226ACtm 1 program established by rule, the person's fitness to resume 2 active status and may require that person to successfully 3 complete an examination. 4 A Professional Land Surveyor whose license has been 5 expired for more than 5 years may have the license restored 6 by making application to the Department and filing proof 7 acceptable to the Board of fitness to have the license 8 restored, including, but not limited to, sworn evidence 9 certifying to active practice in another jurisdiction and 10 payment of the required renewal, reinstatement or restoration 11 fee. 12 However, any Professional Land Surveyor whose license 13 expired while engaged (a) in federal service on active duty 14 with the armed forces of the United States, or the State 15 Militia called into active service or training, or (b) in 16 training or education under the supervision of the United 17 States preliminary to induction into the military service, 18 may have a license renewed without paying any lapsed 19 reinstatement or restoration fees upon passing an oral 20 examination by the Board, or without taking any examination, 21 if approved by the Board, if, within 2 years after the 22 termination other than by dishonorable discharge of such 23 service, training, or education, the licensee furnishes the 24 Department with an affidavit to the effect the licensee was 25 so engaged and that the service, training, or education has 26 so terminated. 27 A license for a Land Surveyor-in-Training is valid for 10 28 years and may not be renewed. 29 (Source: P.A. 86-987.) 30 (225 ILCS 330/18.5 new) 31 Sec. 18.5. Continuing education. The Department may 32 promulgate rules of continuing education for persons licensed 33 under this Act. The Department shall consider the SB122 Engrossed -13- LRB9102226ACtm 1 recommendations of the Board in establishing the guidelines 2 for the continuing education requirements. The requirements 3 of this Section apply to any person seeking renewal or 4 restoration under Section 18 or 19 of this Act. 5 (225 ILCS 330/20) (from Ch. 111, par. 3270) 6 Sec. 20. Endorsement. Upon payment of the required fee, 7 an applicant who is a Professional Land Surveyor,a Land8Surveyor-in-Training, orregistered,orlicensed, or 9 otherwise legally recognized as a Land Surveyor under the 10 laws of another state or territory of the United States may 11 be granted a license as an Illinois Professional Land 12 Surveyor by the Department with approval of the Board upon 13 the following conditions: 14 (a) That the applicant meets the requirements for 15 licensing in this State, and that the requirements for 16 licensing or other legal recognition of Land Surveyors in the 17 particular state or territory were, at the date of issuance 18 of the license or certificate, equivalent to the requirements 19 then in effect in the State of Illinois;however, the20applicant shall be exempt from the requirements of item (5)21of subsection (a) of Section 12 of this Act if he or she (1)22applied for a license under this Section between September 1,231996 and October 31, 1996 and (2) has 10 or more years of24supervised experience as a land surveyor;and 25 (b) That the applicant passes a jurisdictional 26 examination to determine the applicant's knowledge of the 27 surveying tasks unique to the State of Illinois and the laws 28 pertaining thereto. 29 (Source: P.A. 90-602, eff. 6-26-98.) 30 (225 ILCS 330/21) (from Ch. 111, par. 3271) 31 Sec. 21. Fees.The following fees are not refundable:32 (a) The Department shall provide by rule for a schedule SB122 Engrossed -14- LRB9102226ACtm 1 of fees to be paid for licenses by all applicants. All fees 2 are not refundableThe fee for application for a license as a3Land Surveyor-in-Training is $70. 4 (b) The fees for the administration and enforcement of 5 the Act, including but not limited to original licensure, 6 renewal, and restoration, shall be set by rule by the 7 DepartmentThe fee for application for a license as a8Professional Land Surveyor is $150. 9 (c) All fees and fines collected shall be deposited in 10 the Design Professionals Administration and Investigation 11 Fund. Of the moneys deposited into the Design Professionals 12 Administration and Investigation Fund, the Department may use 13 such funds as necessary to produce and distribute newsletters 14 to persons licensed under this ActThe fee for a license for15a Professional Land Surveyor registered or licensed under the16laws of another state or territory of the United States or of17a foreign country or province is $150. 18(d) The fee for the renewal of a license shall be $60.19(e) The fee for the restoration of a license other than20from inactive status is $10 plus payment of all lapsed21renewal fees, the total fee not to exceed $110.22(f) The fee for a certificate of registration as a23Professional Land Surveyor Firm is $75.24(g) The fee for the renewal of a certificate of25registration as a professional land surveying firm shall be26$60.27(h) The fee for the issuance of a replacement license,28for a license which has been lost or destroyed, or for the29issuance of a license with a change of name or address other30than during the renewal period is $20. No fee is required31for name and address changes on Department records when no32duplicate license is issued.33(i) The fee for a certification of a licensee's record34for any purpose is $20.SB122 Engrossed -15- LRB9102226ACtm 1(j) The fee for an examination to determine preliminary2education is $20.3(k) The fee for rescoring an examination is the cost to4the Department of rescoring the examination, plus any fees5charged by the applicable testing service to have the6examination rescored.7(l) The fee for a wall certificate showing licensure is8the actual cost of producing such certificate.9(m) The fee for a roster of persons licensed as Land10Surveyor-in-Training or Professional Land Surveyor in this11State is the actual cost of producing such a roster.12 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.) 13 (225 ILCS 330/25) (from Ch. 111, par. 3275) 14 Sec. 25. Professional designland surveyingfirm 15 registration. 16 (a) Nothing in this Act shall prohibit the formation, 17 under the provisions of the Professional Service Corporation 18 Act, of a corporation to offer the practice of professional 19 land surveying. 20 Any business, including a Professional Service 21 Corporation, that includes within its stated purposes or 22 practices, or holds itself out as available to practice, 23 professional land surveying shall be registered with the 24 Department pursuant to the provisions set forth in this 25 Section. 26 Any sole proprietorship not owned and operated by an 27 Illinois licensed design professional licensed under this Act 28 shall be prohibited from offering professional land surveyor 29 services to the public. Any sole proprietorship owned and 30 operated by a professional land surveyor with an active 31 license issued under this Act and conducting or transacting 32 such business under an assumed name in accordance with the 33 provisions of the Assumed Business Name Act shall comply with SB122 Engrossed -16- LRB9102226ACtm 1 the registration requirements of a professional design firm. 2 Any sole proprietorship owned and operated by a Professional 3 Land Surveyor with an active license issued under this Act 4 and conducting or transacting such business under the real 5 name of the sole proprietor is exempt from the registration 6 requirements of a professional design firm. "Illinois 7 licensed design professional" means a person who holds an 8 active license as a professional engineer under the 9 Professional Engineering Practice Act of 1989, as an 10 architect under the Illinois Architecture Practice Act of 11 1989, as a structural engineer under the Structural 12 Engineering Practice Act of 1989, or as a Professional Land 13 Surveyor under this Act. 14 (b) Any professional design firm seeking to be 15 registered pursuant to the provisions of this Section shall 16 not be registered unless one or more managing agents in 17 charge of land surveyor activities in this State are 18 designated by the professional design firm. Each managing 19 agent must at all times maintain a valid, active license to 20 practice professional land surveying in Illinois. 21 No individual whose license to practice professional land 22 surveying in this State is currently in a suspended or 23 revoked state shall act as a managing agent for a 24 professional design firm. 25 (c) Any business seeking to be registered under this 26 Section shall make application on a form provided by the 27 Department and shall provide such information as requested by 28 the Department, which shall include, but not be limited to: 29 (1) the name and license number of the person 30 designated as the managing agent in responsible charge of 31 the practice of professional land surveying in Illinois. 32 In the case of a corporation, the corporation shall also 33 submit a certified copy of the resolution by the board of 34 directors designating the managing agent. In the case of SB122 Engrossed -17- LRB9102226ACtm 1 a limited liability company, the company shall submit a 2 certified copy of either its articles of organization or 3 operating agreement designating the managing agent; 4 (2) the names and license numbers of the directors, 5 in the case of a corporation, the members, in the case of 6 a limited liability company, or general partners, in the 7 case of a partnership; 8 (3) a list of all office locations at which the 9 professional design firm provides professional land 10 surveying services to the public; and 11 (4) a list of all assumed names of the business. 12 Nothing in this Section shall be construed to exempt a 13 professional design firm, sole proprietorship, or 14 professional service corporation from compliance with the 15 requirements of the Assumed Business Name Act. 16 It is the responsibility of the professional design firm 17 to provide the Department notice, in writing, of any changes 18 in the information requested on the application. 19 (d) The Department shall issue to each business a 20 certificate of registration to practice professional land 21 surveying or offer the services of its licensees in this 22 State upon submittal of a proper application for registration 23 and payment of fees. The expiration date and renewal period 24 for each registration and renewal procedures shall be 25 established by rule. 26 (e) In the event a managing agent is terminated or 27 terminates his or her status as managing agent of the 28 professional design firm, the managing agent and a 29 professional design firm shall notify the Department of this 30 fact in writing, by certified mail, within 10 business days 31 of such termination. Thereafter, the professional design 32 firm, if it has so informed the Department, shall have 30 33 days in which to notify the Department of the name and 34 licensure number of a newly designated managing agent. If a SB122 Engrossed -18- LRB9102226ACtm 1 corporation, the corporation shall also submit a certified 2 copy of a resolution by the board of directors designating 3 the new managing agent. If a limited liability company, the 4 company shall also submit a certified copy of either its 5 articles of organization or operating agreement designating 6 the new managing agent. The Department may, upon good cause 7 shown, extend the original 30 day period. 8 If the professional design firm has not notified the 9 Department in writing, by certified mail within the specified 10 time, the registration shall be terminated without prior 11 hearing. Notification of termination shall be sent by 12 certified mail to the last known address of the business. If 13 the professional design firm continues to operate and offer 14 professional land surveyor services after the termination, 15 the Department may seek prosecution under Sections 27, 43, 16 and 46 of this Act for the unlicensed practice of 17 professional land surveying. 18 No professional design firm shall be relieved of 19 responsibility for the conduct or acts of its agent, 20 employees, members, managers, or officers by reason of its 21 compliance with this Section, nor shall any individual 22 practicing professional land surveying be relieved of the 23 responsibility for professional services performed by reason 24 of the individual's employment or relationship with a 25 professional design firm registered under this Section. 26 (g) Disciplinary action against a professional design 27 firm registered under this Section shall be administered in 28 the same manner and on the same grounds as disciplinary 29 action against a licensed professional land surveyor. All 30 disciplinary action taken or pending against a corporation or 31 partnership before the effective date of this amendatory Act 32 of 1999 shall be continued or remain in effect without the 33 Department filing separate actions.Upon payment of the34required fee the Department shall issue, upon the approval ofSB122 Engrossed -19- LRB9102226ACtm 1the Board, without examination, a certificate of registration2as a professional land surveying firm to offer the services3of its licensed Illinois professional land surveyors to any4corporation, partnership, or limited liability company which5applies for one in writing if:6(1) In a case of a corporation a majority of its7officers and board of directors are licensed as8professional land surveyors in Illinois.9(2) In the case of a limited liability company, a10majority of its members are licensed professional land11surveyors in Illinois.12(3) In the case of a partnership, all members of13the partnership are licensed professional land surveyors14in Illinois.15(b) All surveying by the professional land surveying16firm must be done under the direct supervision and control of17an officer of a managing agent who holds a license as a18professional land surveyor. The managing agent must be19designated on the professional land surveying firm20application. The managing agent must be:21(1) an officer of the corporation;22(2) a member of the limited liability company; or23(3) a member of the partnership.24When a managing agent is terminated or terminates his or25her status, the managing agent shall notify the Department in26writing by certified mail within 10 business days of the27termination. Thereafter, the professional land surveying firm28shall, within 30 days, notify the Department of the name and29professional land surveyor's license number of the newly30designated managing agent. The Department may, upon good31cause, extend the 30 day period. If the professional land32surveying firm fails to notify the Department in writing by33certified mail within the specified time, the registration34shall be terminated without prior hearing. Notification ofSB122 Engrossed -20- LRB9102226ACtm 1termination shall be sent by certified mail to the last known2address of the business. If the professional land surveying3firm continues to operate and offer land surveying services4after the termination, the Department may seek prosecution5under Sections 27, 43, and 43a of this Act for the unlicensed6practice of land surveying.7 (h)(c)Any professional services corporation, sole 8 proprietorship, or professional designland surveyingfirm 9 offering land surveying services must have a resident land 10 surveyor overseeing the land surveying practices in each 11 location in which land surveying services are provided. 12(d) Any sole proprietorship not owned and operated by an13Illinois professional land surveyor shall be prohibited from14offering land surveying services to the public. Any sole15proprietorship owned and operated by a land surveyor with an16active license issued under this Act and conducting or17transacting such business under an assumed name in accordance18with the provisions of the Assumed Business Name Act shall19comply with the registration requirements of a professional20land surveying firm. Any sole proprietorship owned and21operated by a professional land surveyor with an active22license issued under this Act and conducting or transacting23such business under the real name of the sole proprietor is24exempt from the registration requirements of a professional25land surveying firm.26(e) Disciplinary action against a professional land27surveying firm registered under this Section shall be28administered in the same manner and on the same grounds as29disciplinary action against a licensed land surveyor. All30disciplinary action taken or pending against a corporation or31partnership before the effective date of this amendatory Act32of 1993 shall be continued or remain in effect without the33Department filing separate actions.34(f) A professional land surveying firm shall provideSB122 Engrossed -21- LRB9102226ACtm 1notice in writing to the Department of any change in the2information requested upon an application.3(g) Nothing in this Section shall be construed to exempt4a business from compliance with the requirements of the5Assumed Business Name Act.6(h) Nothing in this Act shall restrict licensees from7forming professional service corporations under the8provisions of the Professional Service Corporation Act, as9now or hereafter amended, and having these corporations10licensed for the practice of land surveying.11 (Source: P.A. 88-428; 89-594, eff. 8-1-96.) 12 (225 ILCS 330/27) (from Ch. 111, par. 3277) 13 Sec. 27. Grounds for disciplinary action. 14 (a) The Department may, singularly or in combination, 15 refuse to issue, restore, or renew, or may revoke or suspend 16 a license or registration, or may place on probation, 17 censure, reprimand or impose a civil penalty not to exceed 18 $10,000, upon any person, corporation, partnership, or 19 professional land surveying firm licensed or registered under 20 this Act for any one or combination of the following: 21 (1) material misstatement in furnishing information 22 to the Department; 23 (2) violation, including, but not limited to, 24 neglect or intentional disregard, of this Act, or its 25 rules; 26 (3) conviction of any crime under the laws of the 27 United States, or any state or territory thereof, which 28 is a felony, whether related to practice or not, or 29 conviction of any crime, whether a felony, misdemeanor, 30 or otherwise, an essential element of which is dishonesty 31 or which is directly related to the practice of land 32 surveying; 33 (4) making any misrepresentation for the purpose of SB122 Engrossed -22- LRB9102226ACtm 1 obtaining a license, or in applying for restoration or 2 renewal, or the practice of any fraud or deceit in taking 3 any examination to qualify for licensure under this Act; 4 (5) purposefully making false statements or signing 5 false statements, certificates, or affidavits to induce 6 payment; 7 (6) proof of carelessness, incompetence, 8 negligence, or misconduct in practicing land surveying; 9 (7) aiding or assisting another person in violating 10 any provision of this Act or its rules; 11 (8) failing to provide information in response to a 12 written request made by the Department within 30 days 13 after receipt of such written request; 14 (9) engaging in dishonorable, unethical, or 15 unprofessional conduct of a character likely to deceive, 16 defraud, or harm the public; 17 (10) habitual intoxication or addiction to the use 18 of drugs; 19 (11) discipline by the United States government, 20 another state, District of Columbia, territory, foreign 21 nation or government agency if at least one of the 22 grounds for the discipline is the same or substantially 23 equivalent to those set forth in this Act; 24 (12) directly or indirectly giving to or receiving 25 from any person, firm, corporation, partnership, or 26 association any fee, commission, rebate, or other form of 27 compensation for any professional services not actually 28 or personally rendered; 29 (12.5) issuing a map or plat of survey where the 30 fee for professional services is contingent on a real 31 estate transaction closing; 32 (13) a finding by the Board that an applicant or 33 licensee has failed to pay a fine imposed by the 34 Department or a licensee whose license has been placed on SB122 Engrossed -23- LRB9102226ACtm 1 probationary status has violated the terms of probation; 2 (14) practicing on an expired, inactive, suspended, 3 or revoked license; 4 (15) signing, affixing the Professional Land 5 Surveyor's seal or permitting the Professional Land 6 Surveyor's seal to be affixed to any map or plat of 7 survey not prepared by the Professional Land Surveyor or 8 under the Professional Land Surveyor's direct supervision 9 and control; 10 (16) physical illness, including but not limited to 11 deterioration through the aging process or loss of motor 12 skill, which results in the inability to practice the 13 profession with reasonable judgment, skill, or safety; 14 (17) issuing a check or other guarantee to the 15 order of the Department which is not honored on 2 16 occasions by the financial institution upon which it is 17 drawn because of insufficient funds; 18 (18) failure to adequately supervise or control 19 land surveying operations being performed by 20 subordinates. 21 (a-5) In enforcing this Section, the Board upon a 22 showing of a possible violation may compel a person licensed 23 to practice under this Act, or who has applied for licensure 24 or certification pursuant to this Act, to submit to a mental 25 or physical examination, or both, as required by and at the 26 expense of the Department. The examining physicians shall be 27 those specifically designated by the Board. The Board or the 28 Department may order the examining physician to present 29 testimony concerning this mental or physical examination of 30 the licensee or applicant. No information shall be excluded 31 by reason of any common law or statutory privilege relating 32 to communications between the licensee or applicant and the 33 examination physician. The person to be examined may have, 34 at his or her own expense, another physician of his or her SB122 Engrossed -24- LRB9102226ACtm 1 choice present during all aspects of the examination. 2 Failure of any person to submit to a mental or physical 3 examination, when directed, shall be grounds for suspension 4 of a licensee until the person submits to the examination if 5 the Board finds, after notice and hearing, that the refusal 6 to submit to the examination was without reasonable cause. 7 If the Board finds a person unable to practice because of 8 the reasons set forth in this Section, the Board may require 9 that person to submit to care, counseling, or treatment by 10 physicians approved or designated by the Board as a 11 condition, term, or restriction for continued, reinstated, or 12 renewed licensure to practice; or, in lieu of care, 13 counseling, or treatment, the Board may recommend to the 14 Department to file a complaint to immediately suspend, 15 revoke, or otherwise discipline the license of the person. 16 Any person whose license was granted, continued, reinstated, 17 renewed, disciplined, or supervised subject to such terms, 18 conditions, or restrictions and who fails to comply with such 19 terms, conditions, or restrictions shall be referred to the 20 Director for a determination as to whether the person shall 21 have his or her license suspended immediately, pending a 22 hearing by the Board. 23 (b) The determination by a circuit court that a licensee 24 is subject to involuntary admission or judicial admission as 25 provided in the Mental Health and Developmental Disabilities 26 Code, as now or hereafter amended, operates as an automatic 27 license suspension. Such suspension will end only upon a 28 finding by a court that the patient is no longer subject to 29 involuntary admission or judicial admission and the issuance 30 of an order so finding and discharging the patient and upon 31 the recommendation of the Board to the Director that the 32 licensee be allowed to resume his or her practice. 33 (Source: P.A. 88-428; 88-595, eff. 8-26-94.) SB122 Engrossed -25- LRB9102226ACtm 1 Section 99. Effective date. This Act takes effect on 2 January 1, 2000, except that Section 5 takes effect upon 3 becoming law.