SB0126eng 91st General Assembly


91_SB0126eng

 
SB126 Engrossed                                LRB9102229ACcs

 1        AN ACT concerning structural engineers.

 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  The following Acts are repealed December 31,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.
15        The 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   Act  repealed  on  January  1,  2010.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22    following Act is repealed on January 1, 2010: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 Structural Engineering Practice Act of 1989.

24        Section  10.   The  Architectural,  Engineering, and Land
25    Surveying Qualifications Based Selection Act  is  amended  by
26    changing Sections 15 and 65 as follows:

27        (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
28        Sec. 15.  Definitions.  As used in this Act:
 
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 1        "Architectural  services"  means any professional service
 2    as defined in Section 5 of the Illinois Architecture Practice
 3    Act of 1989.
 4        "Engineering services" means any professional service  as
 5    defined in Section 4 of the Professional Engineering Practice
 6    Act  of  1989  or  Section  5  of  the Structural Engineering
 7    Practice Licensing Act of 1989.
 8        "Firm" means any individual, sole  proprietorship,  firm,
 9    partnership,  corporation, association, or other legal entity
10    permitted by law to practice the profession of  architecture,
11    engineering, or land surveying and provide those services.
12        "Land  surveying services" means any professional service
13    as defined in Section 5 of  the  Illinois  Professional  Land
14    Surveyor Act of 1989.
15        "Project"  means  any  capital improvement project or any
16    design, study, plan,  survey,  or  new  or  existing  program
17    activity  of  a State agency, including development of new or
18    existing programs that require architectural, engineering, or
19    land surveying services.
20        "State agency" means any department, commission, council,
21    board, bureau, committee,  institution,  agency,  university,
22    government  corporation, authority, or other establishment or
23    official of this State.
24    (Source: P.A. 87-673.)

25        (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
26        Sec. 65.  Scope.  No person, corporation, or  partnership
27    licensed   or  registered  under  the  Illinois  Architecture
28    Practice Act of 1989, the Professional  Engineering  Practice
29    Act  of  1989,  the Structural Engineering Practice Licensing
30    Act of 1989, or the Illinois Professional Land  Surveyor  Act
31    of  1989 shall engage in any act or conduct, or be a party to
32    any contract, or agreement, in violation of the provisions of
33    this Act.
 
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 1    (Source: P.A. 87-673.)

 2        Section 15.  The Local Government  Professional  Services
 3    Selection Act is amended by changing Section 3 as follows:

 4        (50 ILCS 510/3) (from Ch. 85, par. 6403)
 5        Sec.  3.   Definitions.   As  used in this Act unless the
 6    context specifically requires otherwise:
 7        (1)  "Firm"  means  any  individual,  firm,  partnership,
 8    corporation, association or other legal entity  permitted  by
 9    law  to  practice the profession of architecture, engineering
10    or land surveying and provide architectural,  engineering  or
11    land surveying services.
12        (2)  "Architectural   services"  means  any  professional
13    service as defined in Section 5  of the Illinois Architecture
14    Practice Act of 1989.
15        (3)  "Engineering  services"   means   any   professional
16    service   as   defined  in  Section  4  of  the  Professional
17    Engineering  Practice  Act  of  1989  or  Section  5  of  the
18    Structural Engineering Practice Licensing Act of 1989.
19        (4)  "Land surveying  services"  means  any  professional
20    service  as defined in Section 5 of the Illinois Professional
21    Land Surveyor Act of 1989.
22        (5)  "Political subdivision" means  any  school  district
23    and  any  unit  of  local  government of fewer than 3,000,000
24    inhabitants, except home rule units.
25        (6)  "Project" means any capital improvement  project  or
26    any  study,  plan, survey or new or existing program activity
27    of a political subdivision, including development of  new  or
28    existing programs which require architectural, engineering or
29    land surveying services.
30    (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)

31        Section 20.  The Civil Administrative Code of Illinois is
 
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 1    amended by changing Section 62.1 as follows:

 2        (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
 3        Sec.  62.1.  Design  Professionals  Dedicated  Employees.
 4    There  is  established  within the Department of Professional
 5    Regulation certain design professionals dedicated  employees.
 6    These   employees   shall   be  devoted  exclusively  to  the
 7    administration and enforcement of the  Illinois  Architecture
 8    Practice  Act, the Illinois Professional Land Surveyor Act of
 9    1989, the Professional Engineering Practice Act of 1989,  and
10    the  Structural  Engineering  Practice Licensing Act of 1989.
11    The  design  professionals  dedicated  employees   that   the
12    Director shall employ, in conformity with the Personnel Code,
13    at  a minimum shall consist of one full-time design licensing
14    Coordinator, one full-time Assistant Coordinator, 4 full-time
15    licensing clerks, one full-time  attorney,  and  2  full-time
16    investigators.  These employees shall work exclusively in the
17    licensing and enforcement of the design profession  Acts  set
18    forth in this Section and shall not be used for the licensing
19    and  enforcement  of  any  other  Act  or other duties in the
20    Department of Professional Regulation.
21    (Source: P.A. 87-781.)

22        Section 25.  The Illinois Architecture  Practice  Act  of
23    1989  is  amended  by  changing  Sections  3,  21,  and 38 as
24    follows:

25        (225 ILCS 305/3) (from Ch. 111, par. 1303)
26        Sec. 3.  Application of Act.  Nothing in this  Act  shall
27    be  deemed or construed to prevent the practice of structural
28    engineering as defined in the Structural Engineering Practice
29      Licensing  Act  of  1989,  the  practice  of   professional
30    engineering   as  defined  in  the  Professional  Engineering
31    Practice Act of 1989, or the preparation of documents used to
 
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 1    prescribe   work   to   be   done   inside   buildings    for
 2    non-loadbearing  interior construction, furnishings, fixtures
 3    and  equipment,   or   the   offering   or   preparation   of
 4    environmental  analysis,  feasibility studies, programming or
 5    construction management services by persons other than  those
 6    licensed   in   accordance  with  this  Act,  the  Structural
 7    Engineering  Practice  Licensing   Act   of   1989   or   the
 8    Professional Engineering Practice Act of 1989.
 9        Nothing   contained   in   this  Act  shall  prevent  the
10    draftsmen,  students,  project  representatives   and   other
11    employees of those lawfully practicing as licensed architects
12    under  the  provisions  of  this  Act,  from acting under the
13    direct supervision and control  of  their  employers,  or  to
14    prevent   the   employment  of  project  representatives  for
15    enlargement or alteration of buildings or any parts  thereof,
16    or prevent such project representatives from acting under the
17    direct  supervision  and control of the licensed architect by
18    whom  the  construction  documents  including  drawings   and
19    specifications   of   any   such   building,  enlargement  or
20    alteration were prepared.
21        Nothing in this Act or any  other  Act  shall  prevent  a
22    registered   architect   from   practicing   interior  design
23    services.   Nothing  in  this  Act  shall  be  construed   as
24    requiring  the  services  of  an  interior  designer  for the
25    interior designing of a single family residence.
26        This Act does not apply to any of the following:
27             (A)  The building, remodeling or  repairing  of  any
28        building  or  other  structure  outside  of the corporate
29        limits of any city or village,  where  such  building  or
30        structure  is  to  be, or is used for residential or farm
31        purposes,  or  for  the  purposes  of   outbuildings   or
32        auxiliary  buildings  in connection with such residential
33        or farm premises.
34             (B)  The construction, remodeling or repairing of  a
 
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 1        detached single family residence on a single lot.
 2             (C)  The  construction, remodeling or repairing of a
 3        two-family residence of  wood  frame  construction  on  a
 4        single  lot,  not  more  than two stories and basement in
 5        height.
 6             (D)  Interior design services for buildings which do
 7        not involve life safety or structural changes.
 8        However, all buildings  not  included  in  the  preceding
 9    paragraphs  (A) through (D), including multi-family buildings
10    and buildings previously exempt under  those  paragraphs  but
11    subsequently  non-exempt due to a change in occupancy or use,
12    are subject  to  the  requirements  of  this  Act.   Interior
13    alterations which result in life safety or structural changes
14    of the building are subject to the requirements of this Act.
15    (Source: P.A. 87-435; 88-650, eff. 9-16-94.)

16        (225 ILCS 305/21) (from Ch. 111, par. 1321)
17        Sec.   21.    Professional   design   firm  registration;
18    conditions.
19        (a)  Nothing in this Act shall  prohibit  the  formation,
20    under  the provisions of the Professional Service Corporation
21    Act, of a corporation to practice architecture.
22        Any business not  formed  under  the  provisions  of  the
23    Professional  Service  Corporation  Act and not registered as
24    such with the Department, and which includes the practice  of
25    architecture  within its stated purposes, practices, or holds
26    itself out  as  available  to  practice  architecture,  shall
27    register   with   the  Department  under  this  Section.  Any
28    professional service  corporation,  sole  proprietorship,  or
29    professional design firm offering architectural services must
30    have   a  resident  architect  overseeing  the  architectural
31    practices in each location in  which  architectural  services
32    are provided.
33        Any  sole  proprietorship  not  owned  and operated by an
 
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 1    Illinois licensed design professional licensed under this Act
 2    shall be prohibited from offering architectural  services  to
 3    the  public.  "Illinois licensed design professional" means a
 4    person who holds an active license as an architect under this
 5    Act,  as  a  structural   engineer   under   the   Structural
 6    Engineering   Practice   Licensing  Act  of  1989,  or  as  a
 7    professional  engineer  under  the  Professional  Engineering
 8    Practice Act of 1989.   Any  sole  proprietorship  owned  and
 9    operated  by an architect with an active license issued under
10    this Act and conducting or transacting such business under an
11    assumed name in accordance with the provisions of the Assumed
12    Business  Name  Act  shall  comply  with   the   registration
13    requirements   of   a  professional  design  firm.  Any  sole
14    proprietorship owned and operated by  an  architect  with  an
15    active  license  issued  under  this  Act  and  conducting or
16    transacting such business under the real  name  of  the  sole
17    proprietor  is exempt from the registration requirements of a
18    professional design firm.
19        (b)  Any corporation, partnership, or professional design
20    firm seeking to be registered under this Section shall not be
21    registered unless:
22             (1)  two-thirds of the board of  directors,  in  the
23        case  of  a  corporation,  or  two-thirds  of the general
24        partners, in the case of a partnership, or two-thirds  of
25        the  members, in the case of a limited liability company,
26        are licensed under the laws  of  any  State  to  practice
27        architecture,  professional  engineering,  or  structural
28        engineering; and
29             (2)  the person having the architectural practice in
30        this State in his charge is (A) a director in the case of
31        a  corporation,  a  general  partner  in  the  case  of a
32        partnership, or  a  member  in  the  case  of  a  limited
33        liability  company,  and  (B)  holds a license under this
34        Act.
 
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 1        Any corporation, limited liability company,  professional
 2    service  corporation,  or  partnership  qualifying under this
 3    Section and practicing in this  State  shall  file  with  the
 4    Department   any   information   concerning   its   officers,
 5    directors,  members,  managers, partners or beneficial owners
 6    as the Department may, by rule, require.
 7        (c)  No business shall practice or  hold  itself  out  as
 8    available  to  practice  architecture  until it is registered
 9    with the Department.
10        (d)  Any business seeking to  be  registered  under  this
11    Section  shall  make  application  on  a form provided by the
12    Department and shall provide any information requested by the
13    Department, which shall include but shall not be  limited  to
14    all of the following:
15             (1)  The  name  and architect's license number of at
16        least one person designated  as  the  managing  agent  in
17        responsible  charge  of  the  practice of architecture in
18        Illinois.  In the case of a corporation, the  corporation
19        shall  also  submit a certified copy of the resolution by
20        the board of directors designating at least one  managing
21        agent.  If a limited liability company, the company shall
22        submit  a  certified  copy  of  either  its  articles  of
23        organization  or  operating  agreement  designating   the
24        managing agent.
25             (2)  The   names   and   architect's,   professional
26        engineer's,  or structural engineer's, license numbers of
27        the directors, in the case of a corporation, the members,
28        in the case of a limited liability  company,  or  general
29        partners, in the case of a partnership.
30             (3)  A   list   of   all   locations  at  which  the
31        professional design firm provides architectural services.
32             (4)  A list of all assumed names  of  the  business.
33        Nothing  in  this  Section shall be construed to exempt a
34        business from compliance with  the  requirements  of  the
 
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 1        Assumed Business Name Act.
 2        It  is the responsibility of the professional design firm
 3    to provide the Department notice, in writing, of any  changes
 4    in the information requested on the application.
 5        (e)  In  the  event  a  managing  agent  is terminated or
 6    terminates his or her    status  as  managing  agent  of  the
 7    professional design firm, the managing agent and professional
 8    design  firm  shall  notify  the  Department  of this fact in
 9    writing, by  certified  mail,  within  10  business  days  of
10    termination.
11        Thereafter,  the  professional  design firm, if it has so
12    informed the Department, has 30 days in which to  notify  the
13    Department  of the name and architect's license number of the
14    architect who is the newly designated managing  agent.  If  a
15    corporation,  the  corporation  shall also submit a certified
16    copy of a resolution by the board  of  directors  designating
17    the  new  managing agent. If a limited liability company, the
18    company shall also submit a  certified  copy  of  either  its
19    articles  of  organization or operating agreement designating
20    the new managing agent. The Department may, upon  good  cause
21    shown, extend the original 30 day period.
22        If  the  professional  design  firm  has not notified the
23    Department in writing, by certified mail within the specified
24    time, the registration  shall  be  terminated  without  prior
25    hearing.   Notification  of  termination  shall  be  sent  by
26    certified mail to the last known address of the business.  If
27    the  professional  design firm continues to operate and offer
28    architectural services after the termination, the  Department
29    may  seek  prosecution under Sections 22, 36, and 36a of this
30    Act for the unlicensed practice of architecture.
31        (f)  No professional design firm  shall  be  relieved  of
32    responsibility  for  the  conduct  or  acts  of  its  agents,
33    employees,  or officers by reason of its compliance with this
34    Section, nor shall any individual practicing architecture  be
 
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 1    relieved  of  the  responsibility  for  professional services
 2    performed  by  reason  of  the  individual's  employment   or
 3    relationship with a professional design firm registered under
 4    this Section.
 5        (g)  Disciplinary  action  against  a professional design
 6    firm registered under this Section shall be  administered  in
 7    the  same  manner  and  on  the  same grounds as disciplinary
 8    action against a licensed architect.  All disciplinary action
 9    taken or pending against a corporation or partnership  before
10    the  effective  date  of this amendatory Act of 1993 shall be
11    continued or remain in effect without the  Department  filing
12    separate actions.
13    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

14        (225 ILCS 305/38) (from Ch. 111, par. 1338)
15        Sec.  38.   Fund;  appropriations;  investments;  audits.
16    Moneys  deposited  in the Design Professionals Administration
17    and  Investigation  Fund  shall  be   appropriated   to   the
18    Department exclusively for expenses of the Department and the
19    Board  in  the  administration  of  this  Act,  the  Illinois
20    Professional  Land  Surveyor  Act  of  1989, the Professional
21    Engineering  Practice  Act  of  1989,  and   the   Structural
22    Engineering  Practice Licensing Act of 1989.  The expenses of
23    the Department  under  this  Act  shall  be  limited  to  the
24    ordinary  and contingent expenses of the Design Professionals
25    Dedicated Employees  within  the  Department  as  established
26    under  Section  62.1  of  the  Civil  Administrative  Code of
27    Illinois and other expenses related to the administration and
28    enforcement of this Act.
29        Moneys from the Fund may also  be  used  for  direct  and
30    allocable  indirect  costs  related to the public purposes of
31    the Department of Professional  Regulation.   Moneys  in  the
32    Fund may be transferred to the Professions Indirect Cost Fund
33    as authorized by Section 61e of the Civil Administrative Code
 
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 1    of Illinois.
 2        All fines and penalties under Sections 22 and 36 shall be
 3    deposited  in  the  Design  Professional  Administration  and
 4    Investigation Fund.
 5        Moneys  in  the  Design  Professional  Administration and
 6    Investigation Fund may be invested and reinvested,  with  all
 7    earnings received from the investments to be deposited in the
 8    Design  Professionals  Administration  and Investigation Fund
 9    and used for the same purposes as fees deposited in the 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  an  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  30.   The Interior Design Professional Title Act
21    is amended by changing Section 4 as follows:

22        (225 ILCS 310/4) (from Ch. 111, par. 8204)
23        Sec.  4.   (a)  No  individual  shall,  without  a  valid
24    registration  as  an  interior   designer   issued   by   the
25    Department,  in  any manner hold himself out to the public as
26    an interior designer or attach the title "interior  designer"
27    or any other name or designation which would in any way imply
28    that  he  is  able  to  use  the title "interior designer" as
29    defined in this Act. No individual  shall,  without  a  valid
30    registration as a residential interior designer issued by the
31    Department, in any manner hold himself out to the public as a
32    residential  interior designer, or use the title "residential
 
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 1    interior designer" or any name or designation that  would  in
 2    any  way  imply that he is able to use the title "residential
 3    interior designer" as defined in this Act.
 4        (a-5)  Nothing  in  this  Act  shall  be   construed   as
 5    preventing  or restricting the services offered or advertised
 6    by an interior designer who is registered under this Act.
 7        (b)  Nothing in this Act shall prevent the employment, by
 8    an  interior  designer  or  residential  interior   designer,
 9    association,   partnership,   or   a  corporation  furnishing
10    interior design or residential interior design  services  for
11    remuneration, of persons not registered as interior designers
12    or  residential  interior  designers  to  perform services in
13    various capacities as needed, provided that  the  persons  do
14    not  represent  themselves as, or use the title of, "interior
15    designer",  "registered  interior   designer",   "residential
16    interior   designer"   or  "registered  residential  interior
17    designer".
18        (c)  Nothing in this Act shall be construed to limit  the
19    activities  and  use  of  the  title  "interior  designer" or
20    "residential interior designer" on the part of a  person  not
21    registered  under  this  Act who is a graduate of an interior
22    design program and a full-time employee of a  duly  chartered
23    institution  of  higher  education  insofar  as  such  person
24    engages  in  public  speaking,  with or without remuneration,
25    provided that such person does not represent himself to be an
26    interior designer  or  use  the  title  "registered  interior
27    designer" or "registered residential interior designer".
28        (d)  Nothing  contained  in  this  Act shall restrict any
29    person not registered under this Act from carrying out any of
30    the activities under paragraph (f) of Section 3 (3)  if  such
31    person  does  not  represent  himself  or his services in any
32    manner prohibited by this Act.
33        (e)  Nothing in this Act shall be construed as preventing
34    or restricting the practice, services, or activities  of  any
 
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 1    person  licensed  in  this  State  under  any  other law from
 2    engaging in the profession or  occupation  for  which  he  is
 3    licensed.
 4        (f)  Nothing in this Act shall be construed as preventing
 5    or  restricting  the  practice,  services,  or  activities of
 6    engineers  licensed  under   the   Professional   Engineering
 7    Practice  Act  of 1989 or the Structural Engineering Practice
 8    Licensing Act of 1989; architects licensed  pursuant  to  the
 9    Illinois  Architectural  Practice  Act  of 1989; any interior
10    decorator or individual offering interior decorating services
11    including, but not  limited  to,  the  selection  of  surface
12    materials,  window  treatments,  wall  coverings,  furniture,
13    accessories,  paint,  floor coverings, and lighting fixtures;
14    or  builders,  home  furnishings  salespersons,  and  similar
15    purveyors of goods and services relating to homemaking.
16        (g)  Nothing in this Act or any other Act shall prevent a
17    licensed architect from practicing interior  design  services
18    or  from  using the title "interior designer" or "residential
19    interior designer".  Nothing in this Act shall  be  construed
20    as   requiring  the  services  of  an  interior  designer  or
21    residential interior designer for the interior designing of a
22    single family residence.
23        (h)  Nothing  in  this  Act  shall   authorize   interior
24    designers   or  residential  interior  designers  to  perform
25    services,  including  life  safety  services  that  they  are
26    prohibited from performing,  or  any  practice  (i)  that  is
27    restricted in the Illinois Architecture Practice Act of 1989,
28    the  Professional  Engineering  Practice  Act of 1989, or the
29    Structural Engineering Practice Licensing  Act  of  1989,  or
30    (ii)  that  they  are  not  authorized  to  perform under the
31    Environmental Barriers Act.
32    (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)

33        Section 35.  The Illinois Plumbing License Law is amended
 
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 1    by changing Section 3 as follows:

 2        (225 ILCS 320/3) (from Ch. 111, par. 1103)
 3        Sec. 3.  (1)  All  planning  and  designing  of  plumbing
 4    systems  and all plumbing shall be performed only by plumbers
 5    licensed under the provisions of this Act hereinafter  called
 6    "licensed  plumbers" and "licensed apprentice plumbers".  The
 7    inspection of plumbing and plumbing  systems  shall  be  done
 8    only  by  the  sponsor  or  his  or her agent who shall be an
 9    Illinois licensed plumber.  Nothing  herein  contained  shall
10    prohibit  licensed  plumbers  or licensed apprentice plumbers
11    under  supervision  from  planning,  designing,   inspecting,
12    installing,  repairing,  maintaining,  altering  or extending
13    building sewers in accordance with this Act.  No  person  who
14    holds  a  license  or  certificate  of registration under the
15    Illinois Architecture Practice Act of 1989, or the Structural
16    Engineering  Practice  Licensing  Act   of   1989,   or   the
17    Professional  Engineering  Practice  Act  of  1989  shall  be
18    prevented from planning and designing plumbing systems.
19        (2)  Nothing  herein  contained  shall prohibit the owner
20    occupant or lessee occupant of a single family residence,  or
21    the owner of a single family residence under construction for
22    his  or her occupancy, from planning, installing, altering or
23    repairing the plumbing system  of  such  residence,  provided
24    that   (i)  such  plumbing  shall  comply  with  the  minimum
25    standards  for  plumbing  contained  in  the  Illinois  State
26    Plumbing Code, and shall be  subject  to  inspection  by  the
27    Department  or  the  local  governmental unit if it retains a
28    licensed plumber as an inspector; and (ii) such owner,  owner
29    occupant  or  lessee  occupant  shall not employ other than a
30    plumber licensed pursuant to this Act to assist him or her.
31        For purposes  of  this  subsection,  a  person  shall  be
32    considered  an  "occupant" if and only if he or she has taken
33    possession of and is living in the premises  as  his  or  her
 
SB126 Engrossed             -15-               LRB9102229ACcs
 1    bona  fide  sole and exclusive residence, or, in the case  of
 2    an owner of a single family residence under construction  for
 3    his or her occupancy, he or she expects to take possession of
 4    and  live  in  the  premises as his or her bona fide sole and
 5    exclusive residence, and he or she has a current intention to
 6    live in such premises as  his  or  her  bona  fide  sole  and
 7    exclusive  residence  for  a period of not less than 6 months
 8    after the completion of the plumbing work performed  pursuant
 9    to  the  authorization of this subsection, or, in the case of
10    an owner of a single family residence under construction  for
11    his  or her occupancy, for a period of not less than 6 months
12    after  the  completion  of  construction  of  the  residence.
13    Failure to possess and live in the premises  as  a  sole  and
14    exclusive  residence  for  a period of 6 months or more shall
15    create a rebuttable presumption of a lack of such intention.
16        (3)  The employees of a firm, association, partnership or
17    corporation who engage in plumbing shall be licensed plumbers
18    or licensed apprentice plumbers. At least one member of every
19    firm, association or partnership engaged  in  plumbing  work,
20    and  at  least  one  corporate  officer  of every corporation
21    engaged in plumbing work, as the case  may  be,  shall  be  a
22    licensed  plumber.  A  retired  plumber  cannot  fulfill  the
23    requirements of this subsection (3).
24        (4) (a)  A licensed apprentice plumber shall plan, design
25        and  install  plumbing  only under the supervision of the
26        sponsor or his or her  agent  who  is  also  an  Illinois
27        licensed plumber.
28             (b)  An  applicant  for  licensing  as an apprentice
29        plumber shall be at least 16 years of age  and  apply  on
30        the  application  form  provided  by the Department. Such
31        application shall verify that the applicant is  sponsored
32        by   an   Illinois   licensed   plumber  or  an  approved
33        apprenticeship program and shall  contain  the  name  and
34        license   number  of  the  licensed  plumber  or  program
 
SB126 Engrossed             -16-               LRB9102229ACcs
 1        sponsor.
 2             (c)  No licensed plumber shall sponsor more  than  2
 3        licensed  apprentice  plumbers  at  the  same  time. If 2
 4        licensed apprentice plumbers are sponsored by  a  plumber
 5        at  the same time, one of the apprentices must have, at a
 6        minimum, 2 years experience as a licensed apprentice.  No
 7        licensed   plumber  sponsor  or  his  or  her  agent  may
 8        supervise 2 licensed apprentices with less than  2  years
 9        experience  at  the same time. The sponsor or agent shall
10        supervise and be responsible for the  plumbing  performed
11        by a licensed apprentice.
12             (d)  No  agent  shall supervise more than 2 licensed
13        apprentices at the same time.
14             (e)  No  licensed  plumber  may,  in  any  capacity,
15        supervise more than 2 licensed apprentice plumbers at the
16        same time.
17             (f)  No approved apprenticeship program may  sponsor
18        more  licensed  apprentices  than  2  times the number of
19        licensed plumbers available to supervise  those  licensed
20        apprentices.
21             (g)  No  approved apprenticeship program may sponsor
22        more  licensed  apprentices  with  less  than   2   years
23        experience  than  it  has  licensed plumbers available to
24        supervise those licensed apprentices.
25             (h)  No  individual  shall  work  as  an  apprentice
26        plumber unless he or she is properly licensed under  this
27        Act.   The Department shall issue an apprentice plumber's
28        license to each approved applicant.
29             (i)  No licensed apprentice plumber shall serve more
30        than a 6 year licensed apprenticeship period.   If,  upon
31        completion  of  a  6 year licensed apprenticeship period,
32        such licensed apprentice plumber does not apply  for  the
33        examination for a plumber's license and successfully pass
34        the  examination  for  a  plumber's  license,  his or her
 
SB126 Engrossed             -17-               LRB9102229ACcs
 1        apprentice plumber's license shall not be renewed.
 2        Nothing contained in P.A. 83-878,  entitled  "An  Act  in
 3    relation  to  professions",  approved September 26, 1983, was
 4    intended by the General Assembly nor should it  be  construed
 5    to  require the employees of a governmental unit or privately
 6    owned municipal  water  supplier  who  operate,  maintain  or
 7    repair  a  water  or  sewer  plant facility which is owned or
 8    operated  by  such  governmental  unit  or  privately   owned
 9    municipal  water  supplier to be licensed plumbers under this
10    Act.  In addition,  nothing  contained  in  P.A.  83-878  was
11    intended  by  the General Assembly nor should it be construed
12    to permit persons other than licensed plumbers to perform the
13    installation, repair, maintenance or replacement of  plumbing
14    fixtures,  such  as  toilet facilities, floor drains, showers
15    and lavatories, and the piping attendant to  those  fixtures,
16    within  such  facility  or  in  the  construction  of  a  new
17    facility.
18        Nothing  contained  in  P.A.  83-878, entitled "An Act in
19    relation to professions", approved September  26,  1983,  was
20    intended  by  the General Assembly nor should it be construed
21    to require the employees of a governmental unit or  privately
22    owned   municipal  water  supplier  who  install,  repair  or
23    maintain water service lines from water mains in the  street,
24    alley or curb line to private property lines and who install,
25    repair or maintain water meters to be licensed plumbers under
26    this  Act if such work was customarily performed prior to the
27    effective date of such Act by employees of such  governmental
28    unit or privately owned municipal water supplier who were not
29    licensed  plumbers.   Any  such  work  which  was customarily
30    performed prior to the effective date of such Act by  persons
31    who  were  licensed  plumbers or subcontracted to persons who
32    were licensed plumbers  must  continue  to  be  performed  by
33    persons who are licensed plumbers or subcontracted to persons
34    who  are  licensed  plumbers.  When necessary under this Act,
 
SB126 Engrossed             -18-               LRB9102229ACcs
 1    the Department shall make the determination  whether  or  not
 2    persons  who are licensed plumbers customarily performed such
 3    work.
 4    (Source: P.A. 89-665, eff. 8-14-96.)

 5        Section 40.  The Professional Engineering Practice Act of
 6    1989 is amended by changing Sections 3, 4, 23, 44, and 47  as
 7    follows:

 8        (225 ILCS 325/3) (from Ch. 111, par. 5203)
 9        Sec. 3.  Application of the Act; Exemptions.
10        (a)  Nothing  in  this  Act shall be construed to prevent
11    the practice of structural  engineering  as  defined  in  the
12    Structural  Engineering Practice Licensing Act of 1989 or the
13    practice  of  architecture  as  defined   in   the   Illinois
14    Architecture   Practice  Act  of  1989  or  the  regular  and
15    customary   practice   of   construction   contracting    and
16    construction   management   as   performed   by  construction
17    contractors.
18        (b)  Nothing in this Act shall prevent:
19             (1)  Employees, including  project  representatives,
20        of  professional  engineers  lawfully  practicing as sole
21        owners, partnerships or corporations under this Act, from
22        acting under the direct supervision of their employers.
23             (2)  The employment of  owner's  representatives  by
24        the owner during the constructing, adding to, or altering
25        of  a  project,  or any parts thereof, provided that such
26        owner's representative shall not have  the  authority  to
27        deviate  from the technical submissions without the prior
28        approval of the professional engineer for the project.
29             (3)  The practice of officers and employees  of  the
30        Government of the United States while engaged within this
31        State  in  the  practice of the profession of engineering
32        for the Government.
 
SB126 Engrossed             -19-               LRB9102229ACcs
 1             (4)  Services performed by employees of  a  business
 2        organization    engaged   in   utility,   industrial   or
 3        manufacturing operations, or by employees  of  laboratory
 4        research  affiliates  of such business organization which
 5        are  rendered  in  connection  with  the  fabrication  or
 6        production, sale, and installation of products,  systems,
 7        or  nonengineering  services of the business organization
 8        or its affiliates.
 9             (5)  Inspection, maintenance and service  work  done
10        by  employees  of  the  State  of Illinois, any political
11        subdivision thereof or any municipality.
12             (6)  The activities performed  by  those  ordinarily
13        designated  as  chief  engineer of plant operation, chief
14        operating engineer, locomotive, stationary, marine, power
15        plant or  hoisting  and  portable  engineers,  electrical
16        maintenance  or  service engineers, personnel employed in
17        connection with construction, operation or maintenance of
18        street lighting, traffic control signals, police and fire
19        alarm systems, waterworks, steam,  electric,  and  sewage
20        treatment and disposal plants, or the services ordinarily
21        performed   by   any   worker  regularly  employed  as  a
22        locomotive, stationary, marine, power plant, or  hoisting
23        and   portable  engineer  or  electrical  maintenance  or
24        service  engineer  for  any  corporation,  contractor  or
25        employer.
26             (7)  The activities performed by a person ordinarily
27        designated  as  a  supervising  engineer  or  supervising
28        electrical maintenance or service engineer who supervises
29        the  operation  of,  or  who   operates,   machinery   or
30        equipment,   or   who   supervises  construction  or  the
31        installation of equipment within a plant which  is  under
32        such person's immediate supervision.
33             (8)  The  services,  for private use, of contractors
34        or owners in the construction of engineering works or the
 
SB126 Engrossed             -20-               LRB9102229ACcs
 1        installation of equipment.
 2        (c)  No  officer,  board,  commission,  or  other  public
 3    entity charged with the enforcement of codes  and  ordinances
 4    involving a professional engineering project shall accept for
 5    filing or approval any technical submissions that do not bear
 6    the  seal  and  signature of a professional engineer licensed
 7    under this Act.
 8        (d)  Nothing contained in this  Section  imposes  upon  a
 9    person  licensed  under  this  Act the responsibility for the
10    performance of any of the  foregoing  functions  unless  such
11    person specifically contracts to provide it.
12    (Source: P.A. 86-667; 86-1475.)

13        (225 ILCS 325/4) (from Ch. 111, par. 5204)
14        Sec. 4.  Definitions.  As used in this Act:
15        (a)  "Approved    engineering    curriculum"   means   an
16    engineering curriculum of 4  academic  years  or  more  which
17    meets   the   standards  established  by  the  rules  of  the
18    Department.
19        (b)  "Board"  means  the  State  Board  of   Professional
20    Engineers  of  the  Department  of  Professional  Regulation,
21    previously known as the Examining Committee.
22        (c)  "Department"  means  the  Department of Professional
23    Regulation.
24        (d)  "Design professional" means an architect, structural
25    engineer or professional engineer practicing  in  conformance
26    with  the  Illinois  Architecture  Practice  Act of 1989, the
27    Structural Engineering Practice Licensing Act of 1989 or  the
28    Professional Engineering Practice Act of 1989.
29        (e)  "Director"   means   the  Director  of  Professional
30    Regulation.
31        (f)  "Direct supervision/responsible charge"  means  work
32    prepared   under  the  control  of  a  licensed  professional
33    engineer or that work as to which that professional  engineer
 
SB126 Engrossed             -21-               LRB9102229ACcs
 1    has detailed professional knowledge.
 2        (g)  "Engineering   college"  means  a  school,  college,
 3    university, department of a university or  other  educational
 4    institution,  reputable  and  in  good standing in accordance
 5    with rules prescribed by the  Department,  and  which  grants
 6    baccalaureate degrees in engineering.
 7        (h)  "Engineering  system  or facility" means a system or
 8    facility whose design is based upon the  application  of  the
 9    principles  of  science  for  the  purpose of modification of
10    natural states of being.
11        (i)  "Engineer intern" means a person who is a  candidate
12    for  licensure  as  a  professional engineer and who has been
13    enrolled as an engineer intern.
14        (j)  "Enrollment" means an action by  the  Department  to
15    record   those   individuals   who   have   met  the  Board's
16    requirements for an engineer intern.
17        (k)  "License" means an official document issued  by  the
18    Department  to  an individual, a corporation or a partnership
19    signifying authority to practice.
20        (l)  "Negligence  in   the   practice   of   professional
21    engineering"  means  the  failure  to exercise that degree of
22    reasonable  professional  skill,   judgment   and   diligence
23    normally  rendered  by professional engineers in the practice
24    of professional engineering.
25        (m)  "Professional  engineer"  means  a  person  licensed
26    under  the  laws  of  the  State  of  Illinois  to   practice
27    professional engineering.
28        (n)  "Professional  engineering" means the application of
29    science to the design of engineering systems  and  facilities
30    using   the   knowledge,  skills,  ability  and  professional
31    judgment   developed   through    professional    engineering
32    education, training and experience.
33        (o)  "Professional   engineering   practice"   means  the
34    consultation  on,  conception,   investigation,   evaluation,
 
SB126 Engrossed             -22-               LRB9102229ACcs
 1    planning,  and  design  of,  and  selection  of materials and
 2    methods  to  be  used  in,  administration  of   construction
 3    contracts  for,  or site observation of an engineering system
 4    or   facility,   where   such    consultation,    conception,
 5    investigation,   evaluation,   planning,  design,  selection,
 6    administration, or observation requires  extensive  knowledge
 7    of  engineering  laws,  formulae,  materials,  practice,  and
 8    construction   methods.   A  person  shall  be  construed  to
 9    practice  or  offer  to  practice  professional  engineering,
10    within the meaning and intent of this Act, who practices,  or
11    who,  by verbal claim, sign, advertisement, letterhead, card,
12    or any  other  way,  is  represented  to  be  a  professional
13    engineer,  or  through  the use of the initials "P.E." or the
14    title "engineer" or any of  its  derivations  or  some  other
15    title  implies licensure as a professional engineer, or holds
16    himself  out  as  able  to  perform  any  service  which   is
17    recognized as professional engineering practice.
18        Examples  of  the  practice  of  professional engineering
19    include,  but  need  not  be   limited   to,   transportation
20    facilities  and  publicly  owned  utilities  for  a region or
21    community, railroads, railways,  highways,  subways,  canals,
22    harbors,  river  improvements;  irrigation  works;  aircraft,
23    airports  and  landing fields; waterworks, piping systems and
24    appurtenances, sewers, sewage disposal works; plants for  the
25    generation  of  power;  devices for the utilization of power;
26    boilers; refrigeration plants, air conditioning  systems  and
27    plants;   heating   systems   and   plants;  plants  for  the
28    transmission or  distribution  of  power;  electrical  plants
29    which  produce,  transmit,  distribute, or utilize electrical
30    energy; works for the extraction of minerals from the  earth;
31    plants  for  the  refining,  alloying  or treating of metals;
32    chemical works and industrial plants  involving  the  use  of
33    chemicals  and chemical processes; plants for the production,
34    conversion, or utilization of nuclear, chemical,  or  radiant
 
SB126 Engrossed             -23-               LRB9102229ACcs
 1    energy;   forensic   engineering,   geotechnical  engineering
 2    including, subsurface  investigations;  soil  classification,
 3    geology  and  geohydrology,  incidental  to  the  practice of
 4    professional  engineering;  energy  analysis,   environmental
 5    design,  hazardous waste mitigation and control; recognition,
 6    measurement, evaluation and control of environmental  systems
 7    and  emissions; automated building management systems; or the
 8    provision of professional engineering site observation of the
 9    construction  of  works  and  engineering  systems.   Nothing
10    contained in this Section  imposes  upon  a  person  licensed
11    under  this Act the responsibility for the performance of any
12    of the foregoing functions unless  such  person  specifically
13    contracts to provide it.
14        (p)  "Project   representative"  means  the  professional
15    engineer's representative at the project site who assists  in
16    the administration of the construction contract.
17        (q)  "Registered"   means  the  same  as  "licensed"  for
18    purposes of this Act.
19        (r)  "Related science curriculum" means a 4 year  program
20    of  study,  the satisfactory completion of which results in a
21    Bachelor of Science degree, and which contains  courses  from
22    such areas as life, earth, engineering and computer sciences,
23    including  but not limited to, physics and chemistry.  In the
24    study  of  these  sciences,  the  objective  is  to   acquire
25    fundamental  knowledge  about  the  nature  of its phenomena,
26    including quantitative expression, appropriate to  particular
27    fields of engineering.
28        (s)  "Rules"  means  those  rules promulgated pursuant to
29    this Act.
30        (t)  "Seal" means the seal in compliance with Section  14
31    of this Act.
32        (u)  "Site observation" is visitation of the construction
33    site  for the purpose of reviewing, as available, the quality
34    and conformance of the work to the technical  submissions  as
 
SB126 Engrossed             -24-               LRB9102229ACcs
 1    they relate to design.
 2        (v)  "Support  design  professional" means a professional
 3    engineer practicing  in  conformance  with  the  Professional
 4    Engineering  Practice  Act  of 1989, who provides services to
 5    the design professional who has contract responsibility.
 6        (w)  "Technical submissions" means designs, drawings, and
 7    specifications which establish the standard  of  quality  for
 8    materials,   workmanship,  equipment,  and  the  construction
 9    systems, studies, and other technical reports prepared in the
10    course of a design professional's practice.
11    (Source: P.A. 88-372.)

12        (225 ILCS 325/23) (from Ch. 111, par. 5223)
13        Sec. 23.  Professional design firm registration.
14        (a)  Nothing in this Act shall  prohibit  the  formation,
15    under  the provisions of the Professional Service Corporation
16    Act, as amended, of a corporation  to  practice  professional
17    engineering.
18        Any  business  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.
 
SB126 Engrossed             -25-               LRB9102229ACcs
 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;
 
SB126 Engrossed             -26-               LRB9102229ACcs
 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  or  her  status  as  managing  agent  of the
25    professional design firm, the managing agent and professional
26    design firm shall notify  the  Department  of  this  fact  in
27    writing,  by  certified mail, within 10 business days of such
28    termination. Thereafter, the professional design firm, if  it
29    has  so  informed the Department, shall have 30 days in which
30    to 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
 
SB126 Engrossed             -27-               LRB9102229ACcs
 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 325/44) (from Ch. 111, par. 5244)
33        Sec.  44.   Fund;  appropriations;  investments;  audits.
 
SB126 Engrossed             -28-               LRB9102229ACcs
 1    Moneys  deposited  in the Design Professionals Administration
 2    and  Investigation  Fund  shall  be   appropriated   to   the
 3    Department exclusively for expenses of the Department and the
 4    Board  in  the  administration  of  this  Act,  the  Illinois
 5    Professional   Land   Surveyor  Act  of  1989,  the  Illinois
 6    Architecture Practice Act,  and  the  Structural  Engineering
 7    Practice  Licensing  Act  of  1989.    The  expenses  of  the
 8    Department  under  this  Act shall be limited to the ordinary
 9    and contingent expenses of the Design Professionals Dedicated
10    Employees within the Department as established under  Section
11    62.1  of  the Civil Administrative Code of Illinois and other
12    expenses related to the  administration  and  enforcement  of
13    this Act.
14        Moneys  from  the  Fund  may  also be used for direct and
15    allocable indirect costs related to the  public  purposes  of
16    the  Department  of  Professional  Regulation.  Moneys in the
17    Fund may be transferred to the Professions Indirect Cost Fund
18    as authorized by Section 61e of the Civil Administrative Code
19    of Illinois.
20        Moneys in the  Design  Professionals  Administration  and
21    Investigation  Fund  may  be invested and reinvested with all
22    earnings received from the investments to be deposited in the
23    Design Professionals Administration  and  Investigation  Fund
24    and used for the same purposes as fees deposited in the Fund.
25        All  fines  and penalties under Section 24 and Section 39
26    shall be deposited in the Design Professionals Administration
27    and Investigation Fund.
28        Upon the completion of any audit  of  the  Department  as
29    prescribed  by  the  Illinois  State  Auditing Act that audit
30    includes an audit of the Design Professionals  Administration
31    and  Investigation  Fund, the Department shall make the audit
32    report open to inspection by any interested person.  The copy
33    of  the  audit  report  required  to  be  submitted  to   the
34    Department  by this Section is in addition to copies of audit
 
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 1    reports required to be submitted to other State officers  and
 2    agencies by Section 3-14 of the Illinois State Auditing Act.
 3    (Source: P.A. 89-204, eff. 1-1-96.)

 4        (225 ILCS 325/47) (from Ch. 111, par. 5247)
 5        Sec.   47.    Practice   of   structural  engineering  or
 6    architecture.  No professional engineer shall practice either
 7    structural  engineering  as   defined   in   the   Structural
 8    Engineering Practice Licensing Act of 1989 or architecture as
 9    defined  in  the  Illinois  Architecture Practice Act of 1989
10    unless he is licensed pursuant to the  provisions  of  either
11    the  Structural  Engineering  Licensing  Act  of  1989 or the
12    Illinois Architecture Practice Act, respectively.
13    (Source: P.A. 86-667; 86-1475.)

14        Section 45.  The Illinois Professional Land Surveyor  Act
15    of 1989 is amended by changing Sections 4 and 48 as follows:

16        (225 ILCS 330/4) (from Ch. 111, par. 3254)
17        Sec. 4.  Definitions.  As used in this Act:
18        (a)  "Department"  means  the  Department of Professional
19    Regulation.
20        (b)  "Director"  means  the  Director   of   Professional
21    Regulation.
22        (c)  "Board" means the Land Surveyors Examining Board.
23        (d)  "Direct  supervision and control" means the personal
24    review by a  Licensed  Professional  Land  Surveyor  of  each
25    survey, including, but not limited to, procurement, research,
26    field  work,  calculations, preparation of legal descriptions
27    and plats.  The personal review shall be of such a nature  as
28    to  assure  the client that the Professional Land Surveyor or
29    the firm for which the Professional Land Surveyor is employed
30    is the provider of the surveying services.
31        (e)  "Responsible charge" means an individual responsible
 
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 1    for the various components  of  the  land  survey  operations
 2    subject  to  the  overall  supervision  and  control  of  the
 3    Professional Land Surveyor.
 4        (f)  "Design   professional"   means   a  land  surveyor,
 5    architect,  structural  engineer,  or  professional  engineer
 6    practicing  in  conformance  with  this  Act,  the   Illinois
 7    Architecture Practice Act of 1989, the Structural Engineering
 8    Practice   Licensing   Act   of  1989,  or  the  Professional
 9    Engineering Practice Act of 1989.
10        (g)  "Professional  Land  Surveyor"  means   any   person
11    licensed  under the laws of the State of Illinois to practice
12    land surveying, as defined by this Act or its rules.
13        (h)  "Land   Surveyor-in-Training"   means   any   person
14    licensed under the laws of the  State  of  Illinois  who  has
15    qualified  for,  taken,  and  passed  an  examination  in the
16    fundamental land surveyor-in-training subjects as provided by
17    this Act or its rules.
18        (i)  "Land surveying experience" means  those  activities
19    enumerated in Section 5 of this Act, which, when exercised in
20    combination, to the satisfaction of the Board, is proof of an
21    applicant's  broad  range  of training in and exposure to the
22    prevailing practice of land surveying.
23    (Source: P.A. 86-987; 86-1475.)

24        (225 ILCS 330/48) (from Ch. 111, par. 3298)
25        Sec. 48.  Fund, appropriations, investments  and  audits.
26    The    moneys   deposited   in   the   Design   Professionals
27    Administration and Investigation Fund  from  fines  and  fees
28    under  this  Act  shall  be  appropriated  to  the Department
29    exclusively for expenses of the Department and the  Board  in
30    the  administration  of  this  Act, the Illinois Architecture
31    Practice Act, the Professional Engineering  Practice  Act  of
32    1989,  and  the Structural Engineering Practice Licensing Act
33    of 1989. The expenses of the Department under this Act  shall
 
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 1    be  limited  to  the  ordinary and contingent expenses of the
 2    Design   Professionals   Dedicated   Employees   within   the
 3    Department as established under Section  62.1  of  the  Civil
 4    Administrative Code of Illinois and other expenses related to
 5    the administration and enforcement of this Act.
 6        Moneys  from  the  Fund  may  also be used for direct and
 7    allocable indirect costs related to the  public  purposes  of
 8    the  Department  of  Professional  Regulation.  Moneys in the
 9    Fund may be transferred to the Professions Indirect Cost Fund
10    as authorized by Section 61e of the Civil Administrative Code
11    of Illinois.
12        Moneys in the  Design  Professionals  Administration  and
13    Investigation  Fund  may  be invested and reinvested with all
14    earnings received from the investments to be deposited in the
15    Design Professionals Administration  and  Investigation  Fund
16    and  used  for  the  same  purposes as fees deposited in that
17    Fund.
18        Upon the completion of any audit  of  the  Department  as
19    prescribed  by  the Illinois State Auditing Act that includes
20    an audit  of  the  Design  Professionals  Administration  and
21    Investigation  Fund, the Department shall make the audit open
22    to inspection by any interested  person.   The  copy  of  the
23    audit  report  required  to be submitted to the Department by
24    this Section is  in  addition  to  copies  of  audit  reports
25    required to be submitted to other State officers and agencies
26    by Section 3-14 of the Illinois State Auditing Act.
27    (Source: P.A. 89-204, eff. 1-1-96.)

28        Section  50.  The Structural Engineering Licensing Act of
29    1989 is amended by changing Sections 2, 4, 6, 7,  8,  9,  10,
30    11,  12,  16,  17,  19,  and  20  and  adding Section 14.5 as
31    follows:

32        (225 ILCS 340/2) (from Ch. 111, par. 6602)
 
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 1        Sec. 2.  This Act shall be known and may be cited as  the
 2    Structural Engineering Practice Licensing Act of 1989.
 3    (Source: P.A. 86-711.)

 4        (225 ILCS 340/4) (from Ch. 111, par. 6604)
 5        Sec. 4.  In this Act:
 6        (a)  "Department"  means  the  Department of Professional
 7    Regulation.
 8        (b)  "Director" means the Director of the  Department  of
 9    Professional Regulation.
10        (c)  "Board"   means  the  Structural  Engineering  Board
11    appointed by the Director.
12        (d)  "Negligence   in   the   practice   of    structural
13    engineering"  means  the  failure  to exercise that degree of
14    reasonable  professional  skill,   judgment   and   diligence
15    normally  rendered by structural engineers in the practice of
16    structural engineering.
17        (e)  "Structural engineer intern" means a person who is a
18    candidate for licensure as a structural engineer and who  has
19    been enrolled as a structural engineer intern.
20        (f)  "Structural  engineer" means a person licensed under
21    the laws of the State  of  Illinois  to  practice  structural
22    engineering.
23    (Source: P.A. 86-711.)

24        (225 ILCS 340/6) (from Ch. 111, par. 6606)
25        Sec.  6.  The Department of Professional Regulation shall
26    exercise the following functions, powers and  duties  subject
27    to the provisions of this Act:
28        (1)  Conduct examinations to ascertain the qualifications
29    and   fitness   of   applicants  for  licensure  as  licensed
30    structural engineers, and pass upon  the  qualifications  and
31    fitness of applicants for licensure by endorsement.
32        (2)  Prescribe  rules  for  a  method  of  examination of
 
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 1    candidates.
 2        (3)  Prescribe rules defining  what  shall  constitute  a
 3    school,  college or university or department of a university,
 4    or other institution, reputable and in good standing, and  to
 5    determine  the  reputability  and  good standing of a school,
 6    college or other institution reputable and in  good  standing
 7    by  reference  to a compliance with such rules; provided that
 8    no  school,  college  or  university,  or  department  of   a
 9    university  or  other  institution that refuses admittance to
10    applicants, solely on account of  race,  color,  creed,  sex,
11    religion,  physical  or mental handicap unrelated to ability,
12    or national origin shall be considered reputable and in  good
13    standing.
14        (3.5)  Register  corporations, partnerships, professional
15    service corporations, limited liability companies,  and  sole
16    proprietorships  for  the  practice of structural engineering
17    and issue a license to those who qualify.
18        (4)  Investigate  complaints,  conduct  oral  interviews,
19    disciplinary conferences, and formal evidentiary hearings  on
20    proceedings  to  refuse  to  issue,  renew  or restore, or to
21    suspend or revoke a license, or  to  place  on  probation  or
22    reprimand  a  licensee for reasons set forth in Section 20 of
23    this Act.
24        (5)  Formulate  rules  necessary   to   carry   out   the
25    provisions of this Act.
26        (6)  Maintain  membership in a national organization that
27    provides an acceptable structural engineering examination and
28    participate in activities of the organization by  designation
29    of  individuals for the various classifications of membership
30    and the appointment of delegates for attendance  at  regional
31    and   national  meetings  of  the  organization.   All  costs
32    associated with membership and attendance of  such  delegates
33    to  any  national  meetings  may  be  funded  from the Design
34    Professionals Administration and Investigation Fund.
 
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 1        Prior to issuance of any final  decision  or  order  that
 2    deviates  from  any  report  or  recommendation  of the Board
 3    relating to the qualification of  applicants,  discipline  of
 4    licensees  or  registrants,  or  promulgation  of  rules, the
 5    Director shall notify the Board and the Secretary of State in
 6    writing with an explanation of any such deviation and provide
 7    a reasonable time for the Board to submit written comments to
 8    the Director regarding the proposed  action.   In  the  event
 9    that  the  Board  fails  or  declines  to submit such written
10    comments within 30 days of said  notification,  the  Director
11    may  issue  a  final  decision  or  order consistent with the
12    Director's original decision.
13        None of  these  functions,  powers  or  duties  shall  be
14    exercised by the Department of Professional Regulation except
15    upon the action and report in writing of the Board.
16    (Source: P.A. 86-711.)

17        (225 ILCS 340/7) (from Ch. 111, par. 6607)
18        Sec.   7.    The  Director  shall  appoint  a  Structural
19    Engineering Board which shall consist  of  6  members.   Five
20    members  shall be Illinois licensed structural engineers, who
21    have been engaged in the practice of  structural  engineering
22    for a minimum of 10 years, and one shall be a public member.
23    The public member shall be a voting member and shall not hold
24    a  license as an architect, professional engineer, structural
25    engineer or land surveyor.
26        Members  shall  serve  5  year  terms  and  until   their
27    successors  are  appointed  and qualified, except that of the
28    initial appointments, 2 members shall be appointed  to  serve
29    for one year, 2 shall be appointed to serve for 2 years and 2
30    shall  be  appointed  to  serve  for  3 years and until their
31    successors are appointed and qualified.
32        In making the designation of persons to act, the Director
33    shall give due consideration to recommendations by members of
 
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 1    the  profession  and  by  organizations  of  the   structural
 2    engineering profession.
 3        The  membership  of  the  Board should reasonably reflect
 4    representation from the geographic areas in this State.
 5        No member shall be reappointed to the Board  for  a  term
 6    which  would cause his or her continuous service on the Board
 7    to be longer than 10 successive years.  Service prior to  the
 8    effective  date  of  this  Act  shall  not  be  considered in
 9    calculating length of service.
10        Appointments to fill vacancies shall be made in the  same
11    manner as original appointments, for the unexpired portion of
12    the  vacated  term.  Initial terms under this Act shall begin
13    upon  the  expiration  of  the  terms  of  Committee  members
14    appointed under The Illinois Structural Engineering Act.
15        Persons holding office as members of the Board  Committee
16    under  this  the  Illinois  Structural Engineering Act on the
17    effective date of this Act shall  serve  as  members  of  the
18    Board  Committee  under  this Act until the expiration of the
19    term for which they were appointed and until their successors
20    are appointed and qualified under this Act.
21        A quorum of the Board shall  consist  of  a  majority  of
22    Board  members  appointed.   A  majority  of  the  quorum  is
23    required for Board decisions. Four members shall constitute a
24    quorum of Board members.  The Chairman shall only vote on all
25    matters to come before the Board in the case of a tie vote.
26        The  Director may terminate the appointment of any member
27    for cause which in the opinion  of  the  Director  reasonably
28    justifies  such  termination,  which  may include, but is not
29    limited to, a Board member who does not attend 2  consecutive
30    meetings.
31        Notice of proposed rulemaking shall be transmitted to the
32    Board  and  the  Department  shall review the response of the
33    Board and any recommendations made therein.   The  Department
34    may, at any time, seek the expert advice and knowledge of the
 
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 1    Board  on  any  matter  relating  to  the  administration  or
 2    enforcement of this Act.
 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        Whenever  the  Director is not satisfied that substantial
 7    justice has been done in an  examination,  the  Director  may
 8    order a reexamination by the same or other examiners.
 9    (Source: P.A. 86-711; 87-756.)

10        (225 ILCS 340/8) (from Ch. 111, par. 6608)
11        Sec. 8.  The Board has the following powers and duties:
12        (a)  The  Board  shall  hold  at least 3 regular meetings
13    each year;
14        (b)  The Board shall annually elect a Chairperson  and  a
15    Vice Chairperson, both of whom chairman who shall be Illinois
16     a licensed structural engineers engineer;
17        (c)  The  Board, upon request by the Department, may make
18    a curriculum evaluation to determine if  courses  conform  to
19    requirements of approved engineering programs;
20        (d)  The  Department  may  at  any  time  seek the expert
21    advice and knowledge of the Board on any matter  relating  to
22    the enforcement of this Act;
23        (e)  The  Board  may appoint a subcommittee to serve as a
24    Complaint Committee to  recommend  the  disposition  of  case
25    files according to procedures established by rule;
26        (f)  The  Board shall assist the Department in conducting
27    oral  interviews,  disciplinary   conferences,   and   formal
28    evidentiary hearings; and
29        (g)  The  Board  shall review applicant qualifications to
30    sit for the examination  or  for  licensure  and  shall  make
31    recommendations  to the Department, and. the Department shall
32    review   the    Board's    recommendations    on    applicant
33    qualifications; and.  Prior to issuance of any final decision
 
SB126 Engrossed             -37-               LRB9102229ACcs
 1    or  order which deviates from any report or recommendation of
 2    the  Board  relating  to  the  qualification  of  applicants,
 3    discipline of licensees or registrants,  or  promulgation  of
 4    rules,  the Director shall notify the Board and the Secretary
 5    of State in writing with an explanation of any such deviation
 6    and provide a reasonable time for the Board to submit written
 7    comments to the Director regarding the proposed  action.   In
 8    the  event  that  the  Board fails or declines to submit such
 9    written comments within 30 days  of  said  notification,  the
10    Director  may issue a final decision or order consistent with
11    the Director's original decision.
12        (h)  The Board  shall  submit  written  comments  to  the
13    Director  within  30  days  from  notification  of  any final
14    decision or order from the Director that  deviates  from  any
15    report  or  recommendation  of  the  Board  relating  to  the
16    qualification  of  applicants,  discipline  of  licensees  or
17    registrants, or promulgation of rules.
18    (Source: P.A. 88-428.)

19        (225 ILCS 340/9) (from Ch. 111, par. 6609)
20        Sec. 9.  Applications for original licenses shall be made
21    to  the  Department  in  writing  on  forms prescribed by the
22    Department and shall be  accompanied  by  the  required  fee,
23    which  is not refundable.  The application shall require such
24    information as in the judgment of the Department will  enable
25    the Department to pass on the qualifications of the applicant
26    for  a  license.  The Department may require an applicant, at
27    the  applicant's  expense,  to  have  an  evaluation  of  the
28    applicant's education in a foreign  county  by  a  nationally
29    recognized   educational   body  approved  by  the  Board  in
30    accordance with rules prescribed by the Department.
31        An applicant who graduated from a structural  engineering
32    program  outside  the  United  States  or its territories and
33    whose  first   language   is   not   English   shall   submit
 
SB126 Engrossed             -38-               LRB9102229ACcs
 1    certification  of passage of the Test of English as a Foreign
 2    Language (TOEFL) and the Test  of  Spoken  English  (TSE)  as
 3    defined by rule before taking the licensure examination.
 4    (Source: P.A. 89-594, eff. 8-1-96.)

 5        (225 ILCS 340/10) (from Ch. 111, par. 6610)
 6        Sec.  10.  The Department shall authorize examinations of
 7    applicants as structural engineers at such times  and  places
 8    as  it may determine.  The examination of applicants shall be
 9    of a character to give a fair test of the  qualifications  of
10    the applicant to practice structural engineering.
11        Applicants  for  examination  as structural engineers are
12    required to pay, either to the Department or  the  designated
13    testing  service,  a  fee  covering the cost of providing the
14    examination.  Failure to appear for the  examination  on  the
15    scheduled  date,  at  the time and place specified, after the
16    applicant's application for examination has been received and
17    acknowledged by the  Department  or  the  designated  testing
18    service,  shall  result  in the forfeiture of the examination
19    fee.
20        If an  applicant  neglects,  fails  without  an  approved
21    excuse  or  refuses  to  take  the next available examination
22    offered for licensure under this Act, the  fee  paid  by  the
23    applicant  shall  be  forfeited  to  the  Department  and the
24    application  denied.   If  an  applicant  fails  to  pass  an
25    examination for a licensure under this  Act  within  3  years
26    after  filing  the  application,  the  application  shall  be
27    denied.   However,  such  applicant may thereafter make a new
28    application for examination accompanied by the required  fee,
29    and  must  furnish  proof  of  meeting the qualifications for
30    examination in effect at the time of new application.
31        An applicant has one year from the date  of  notification
32    of  successful  completion of the examination to apply to the
33    Department for a license.  If an  applicant  fails  to  apply
 
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 1    within  one  year,  the  applicant shall be required to again
 2    take and pass the  examination  unless  licensed  in  another
 3    jurisdiction  of the United States within one year of passing
 4    the examination.
 5    (Source: P.A. 86-711.)

 6        (225 ILCS 340/11) (from Ch. 111, par. 6611)
 7        Sec. 11.  A person is qualified for enrollment  licensure
 8    as  a structural engineer intern or licensure as a structural
 9    engineer if that person has applied in writing  in  form  and
10    substance satisfactory to the Department and:
11        (a)  The  applicant  is  of  good  moral  character.   In
12    determining   moral   character   under   this  Section,  the
13    Department may take into consideration whether the  applicant
14    has  engaged  in  conduct  or  actions  that would constitute
15    grounds for discipline under this Act. any felony  conviction
16    of  the applicant, but such a conviction shall not operate as
17    an absolute bar to licensure;
18        (a-5)  The applicant, if  a  structural  engineer  intern
19    applicant,  has met the minimum standards for enrollment as a
20    structural engineer intern, which are as follows:
21             (1)  is  a  graduate  of  an  approved   engineering
22        curriculum  of  at least 4 years meeting the requirements
23        as set forth by rule and passes a nominal 8-hour  written
24        examination in the fundamentals of engineering; or
25             (2)  is  a  graduate of a related science curriculum
26        of at least 4 years meeting the requirements as set forth
27        by rule and passes a nominal 8-hour  written  examination
28        in the fundamentals of engineering.
29        (b)  The  applicant,  if a structural engineer applicant,
30    has met the minimum standards for licensure as  a  structural
31    engineer, which are as follows:
32             (1)  is   a  graduate  of  an  approved  engineering
33        curriculum of at least 4 years meeting  the  requirements
 
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 1        as  set  forth by rule and submits evidence acceptable to
 2        the Department of  an  additional  4  years  or  more  of
 3        experience  in structural engineering work of a grade and
 4        character which indicates  that  the  individual  may  be
 5        competent to practice structural engineering as set forth
 6        by rule; or
 7             (2)  is  a  graduate  of an approved related science
 8        curriculum of at least 4 years meeting  the  requirements
 9        as  set  forth by rule who submits evidence acceptable to
10        the Department of  an  additional  8  years  or  more  of
11        progressive  experience in structural engineering work of
12        a grade and character which indicates that the individual
13        may be competent to practice  structural  engineering  as
14        set forth by rule.; and
15        (c)  The  applicant,  if a structural engineer applicant,
16    has passed an examination  conducted  by  the  Department  to
17    determine  his  or  her  fitness  to  receive  a license as a
18    Structural Engineer.
19    (Source: P.A. 86-711.)

20        (225 ILCS 340/12) (from Ch. 111, par. 6612)
21        Sec. 12.  Every holder  of  a  license  as  a  structural
22    engineer  shall  display  it  in  a  conspicuous place in the
23    holder's principal office, place of business or employment.
24        Every  licensed  structural   engineer   shall   have   a
25    reproducible  seal  or  facsimile,  the  print of which shall
26    contain the name, place of business and license number of the
27    structural  engineer,  and  the  words  "Licensed  Structural
28    Engineer," "State  of  Illinois."   The  licensed  structural
29    engineer  shall stamp with this seal all plans, drawings, and
30    specifications  prepared   by   or   under   the   engineer's
31    supervision.
32        A  licensed  structural  engineer  may seal documents not
33    produced  by  the  licensed  structural  engineer  when   the
 
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 1    documents  have  either been produced by others working under
 2    the licensed structural engineer's personal  supervision  and
 3    control   or   when  the  licensed  structural  engineer  has
 4    sufficiently reviewed the documents to ensure that they  have
 5    met  the  standards  of  reasonable  professional  skill  and
 6    diligence.   In  reviewing  the  work of others, the licensed
 7    structural engineer shall, where necessary,  do  calculations
 8    recalculations,  redesign,  or any other work necessary to be
 9    done to meet such standards and  should  retain  evidence  of
10    having  done  such  review.   The  documents  sealed  by  the
11    licensed  structural  engineer  shall be of no lesser quality
12    than if they had been produced  by  the  licensed  structural
13    engineer. The licensed structural engineer who seals the work
14    of  others is obligated to provide sufficient supervision and
15    review of such work so that the public is protected.
16        The  licensed  structural  engineer   shall   affix   the
17    signature,  current date, date of license expiration and seal
18    to the first sheet of any bound set or loose sheets  prepared
19    by  the  licensed  structural engineer or under that licensed
20    structural engineer's immediate supervision.
21    (Source: P.A. 86-711.)

22        (225 ILCS 340/14.5 new)
23        Sec. 14.5.  Continuing  education.   The  Department  may
24    promulgate rules of continuing education for persons licensed
25    under   this   Act.    The   Department  shall  consider  the
26    recommendations of the Board in establishing  the  guidelines
27    for  the continuing education requirements.  The requirements
28    of this Section  apply  to  any  person  seeking  renewal  or
29    restoration under Section 14 or 15 of this Act.

30        (225 ILCS 340/16) (from Ch. 111, par. 6616)
31        Sec.  16.  The Department may, in its discretion, license
32    as a structural engineer upon, without examination on payment
 
SB126 Engrossed             -42-               LRB9102229ACcs
 1    of the  required  fee,  an  applicant  who  is  a  structural
 2    engineer   licensed  under  the  laws  of  another  state  or
 3    territory, or of another country,  if  the  requirements  for
 4    licensure  in  the  state,  territory or country were, at the
 5    date  of   licensure,   substantially   equivalent   to   the
 6    requirements in force in this State on that date.
 7        Applicants  have  3 years from the date of application to
 8    complete the application process.  If  the  process  has  not
 9    been  completed  in 3 years, the application shall be denied,
10    the fee forfeited and the applicant must reapply and meet the
11    requirements in effect at the time of reapplication.
12    (Source: P.A. 86-711.)

13        (225 ILCS 340/17) (from Ch. 111, par. 6617)
14        Sec. 17.  Fees.
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.
18        (b)  The fees for the administration and  enforcement  of
19    the  Act,  including  but  not limited to original licensure,
20    renewal, and  restoration,  shall  be  set  by  rule  by  the
21    Department.
22        (c)  All  fees  and fines collected shall be deposited in
23    the Design  Professionals  Administration  and  Investigation
24    Fund.   Of the moneys deposited into the Design Professionals
25    Administration and Investigation Fund, the Department may use
26    such  funds  as  necessary  and  available  to  produce   and
27    distribute newsletters to persons licensed under this Act.
28        (a)  The following fees are not refundable:
29             (1)  The fee for application for a license is $100.
30             (2)  In  addition,  applicants  for  any examination
31        shall be required to pay, either to the Department or  to
32        the  designated  testing service, a fee covering the cost
33        of determining an applicant's eligibility  and  providing
 
SB126 Engrossed             -43-               LRB9102229ACcs
 1        the examination. Failure to appear for the examination on
 2        the  scheduled  date,  at  the  time and place specified,
 3        after the applicant's application  for  each  examination
 4        has  been  received and acknowledged by the Department or
 5        the designated  testing  service,  shall  result  in  the
 6        forfeiture of the examination fee.
 7             (3)  The fee for a license for a structural engineer
 8        registered or licensed under the laws of another state or
 9        territory  of  the United States, or a foreign country or
10        province is $100.
11             (4)  The fee for the renewal of a license  shall  be
12        $60.
13             (5)  The  fee for the restoration of a license other
14        than from inactive status is  $10  plus  payment  of  all
15        lapsed renewal fees.
16             (6)  The  fee  for  application for a certificate of
17        registration as a professional design firm is $75.
18             (7)  The  fee  for  renewal  of  a  certificate   of
19        registration as a professional design firm shall be $75.

20        (b)  General fees.
21             (1)  The  fee for the issuance of a license, for the
22        issuance of a replacement license for a license which has
23        been lost or destroyed or for the issuance of  a  license
24        with  a  change  of name or address other than during the
25        renewal period is $20. No fee is required  for  name  and
26        address  changes  on Department records when no duplicate
27        license is issued.
28             (2)  The fee for a certification of  a  registrant's
29        record for any purpose is $20.
30             (3)  The  fee  for  rescoring  an examination is the
31        cost to the Department for rescoring the examination plus
32        any fees charged by the applicable testing service.
33             (4)  The  fee  for  a   wall   certificate   showing
34        licensure   is   the   actual   cost  of  producing  such
 
SB126 Engrossed             -44-               LRB9102229ACcs
 1        certificate.
 2             (5)  The fee for a roster  of  persons  licensed  as
 3        structural  engineers in this State is the actual cost of
 4        producing such a roster.

 5        All of the fees collected pursuant to this Section  shall
 6    be  deposited  in the Design Professionals Administration and
 7    Investigation Fund.
 8        (c)  Any person who delivers a check or other payment  to
 9    the  Department  that is returned to the Department unpaid by
10    the financial institution upon which it is drawn shall pay to
11    the Department, in addition to the amount already owed to the
12    Department, a fine of $50. If the check or other payment  was
13    for  a  renewal  or  issuance  fee  and that person practices
14    without paying the renewal fee or issuance fee and  the  fine
15    due,  an  additional fine of $100 shall be imposed. The fines
16    imposed  by  this  Section  are  in  addition  to  any  other
17    discipline provided under this Act for unlicensed practice or
18    practice on a nonrenewed license. The Department shall notify
19    the person that payment of fees and fines shall  be  paid  to
20    the  Department  by  certified check or money order within 30
21    calendar days of the notification. If, after  the  expiration
22    of  30 days from the date of the notification, the person has
23    failed to submit the  necessary  remittance,  the  Department
24    shall  automatically  terminate the license or certificate or
25    deny the application, without hearing. If, after  termination
26    or  denial,  the person seeks a license or certificate, he or
27    she shall apply to the Department for restoration or issuance
28    of the license or certificate and pay all fees and fines  due
29    to the Department. The Department may establish a fee for the
30    processing  of an application for restoration of a license or
31    certificate  to  pay  all   expenses   of   processing   this
32    application.  The Director may waive the fines due under this
33    Section in individual cases where the Director finds that the
34    fines would be unreasonable or unnecessarily burdensome.
 
SB126 Engrossed             -45-               LRB9102229ACcs
 1    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)

 2        (225 ILCS 340/19) (from Ch. 111, par. 6619)
 3        Sec.   19.   Professional   design   firm   registration;
 4    conditions.
 5        (a)  Nothing in this Act prohibits the  formation,  under
 6    the  provisions  of the Professional Service Corporation Act,
 7    as  amended,  of  a  corporation   to   practice   structural
 8    engineering.
 9        Any    business,   including   a   Professional   Service
10    Corporation, that not formed  under  the  provisions  of  the
11    Professional  Service  Corporation  Act and not registered as
12    such with the  Department,  and  which  includes  within  its
13    stated  purposes, practices, or holds itself out as available
14    to practice, structural engineering, shall be registered with
15    the Department pursuant to the provisions of this Section.
16        Any sole proprietorship not  owned  and  operated  by  an
17    Illinois licensed design professional licensed under this Act
18    shall  be  prohibited  from  offering  structural engineering
19    services  to   the   public.    "Illinois   licensed   design
20    professional" means a person who holds an active license as a
21    structural engineer under this Act, as an architect under the
22    Illinois   Architecture   Practice  Act  of  1989,  or  as  a
23    professional  engineer  under  the  Professional  Engineering
24    Practice Act of  1989.  Any  sole  proprietorship  owned  and
25    operated  by  a  structural  engineer  with an active license
26    issued under this Act  and  conducting  or  transacting  such
27    business  under  an  assumed  name  in  accordance  with  the
28    provisions of the Assumed Business Name Act shall comply with
29    the  registration requirements of a professional design firm.
30    Any sole proprietorship owned and operated  by  a  structural
31    engineer  with  an  active  license issued under this Act and
32    conducting or transacting such business under the  real  name
33    of  the  sole  proprietor  is  exempt  from  the registration
 
SB126 Engrossed             -46-               LRB9102229ACcs
 1    requirements of a professional design firm.
 2        Any  partnership  which  includes  within  its   purpose,
 3    practices,  or  holds  itself  out  as  available to practice
 4    structural engineering, shall register  with  the  Department
 5    pursuant to the provisions set forth in this Section.
 6        (b)  Any   professional   design   firm   seeking  to  be
 7    registered under the provisions of this Section shall not  be
 8    registered  unless  a  managing agent in charge of structural
 9    engineering activities in this State  is  designated  by  the
10    professional design firm.  A managing agent must at all times
11    maintain  a  valid,  active  license  to  practice structural
12    engineering in Illinois.
13        No  individual  whose  license  to  practice   structural
14    engineering  in  this  State  is  currently in a suspended or
15    revoked  status  shall  act  as  a  managing  agent   for   a
16    professional design firm.
17        (c)  No  business  shall  practice  or hold itself out as
18    available to practice  structural  engineering  until  it  is
19    registered with the Department.
20        (d)  Any  business  seeking  to  be registered under this
21    Section shall apply for a certificate of  registration  on  a
22    form  provided  by  the  Department  and  shall  provide such
23    information as  requested  by  the  Department,  which  shall
24    include but shall not be limited to:
25             (1)  the  name  and  license  number  of  the person
26        designated as the managing agent in responsible charge of
27        the practice of structural engineering in  Illinois.   In
28        the  case  of  a  corporation, the corporation shall also
29        submit a certified copy of the resolution by the board of
30        directors designating the managing agent.  In the case of
31        a limited liability company, the company shall  submit  a
32        certified  copy of either its articles of organization or
33        operating agreement designating the managing agent;
34             (2)  the names and license numbers of the directors,
 
SB126 Engrossed             -47-               LRB9102229ACcs
 1        in the case of a corporation, the members, in the case of
 2        a limited liability company, or general partners, in  the
 3        case of a partnership;
 4             (3)  a   list   of   all   locations  at  which  the
 5        professional design firm provides structural  engineering
 6        services to the public; and
 7             (4)  A  list  of  all assumed names of the business.
 8        Nothing in this Section shall be construed  to  exempt  a
 9        professional   design   firm,   sole  proprietorship,  or
10        professional service corporation from compliance with the
11        requirements of the Assumed Business Name Act.
12        It shall be the responsibility of the professional design
13    firm to provide the Department notice,  in  writing,  of  any
14    changes 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, such 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 such termination.
20        Thereafter, the professional design firm, if  it  has  so
21    informed  the  Department,  shall  have  30  days in which to
22    notify the Department of the name and registration number  of
23    a  newly  designated  managing  agent.  If a corporation, the
24    corporation  shall  also  submit  a  certified  copy   of   a
25    resolution  by  the  board  of  directors designating the new
26    managing agent. If a limited liability company,  the  company
27    shall  also submit a certified copy of either its articles of
28    organization  or  operating  agreement  designating  the  new
29    managing agent. The Department may, upon  good  cause  shown,
30    extend the original 30 day period.
31        If  the  professional  design  firm  fails  to notify 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
 
SB126 Engrossed             -48-               LRB9102229ACcs
 1    certified mail to the last known address of the business.  If
 2    the professional design firm continues to operate  and  offer
 3    structural  engineering  services  after the termination, the
 4    Department may seek prosecution under Sections  20,  34,  and
 5    34a  of  this  Act  for the unlicensed practice of structural
 6    engineering.
 7        (f)  No professional design firm  shall  be  relieved  of
 8    responsibility  for  the  conduct  or  acts  of  its  agents,
 9    employees,  members,  managers,  or officers by reason of its
10    compliance  with  this  Section,  nor  shall  any  individual
11    practicing  structural  engineering  be   relieved   of   the
12    responsibility  for professional services performed by reason
13    of  the  individual's  employment  or  relationship  with   a
14    professional design firm registered under this Section.
15        (g)  Disciplinary  action  against  a professional design
16    firm registered under this Section shall be  administered  in
17    the  same  manner  and  on  the  same grounds as disciplinary
18    action  against   a   licensed   structural   engineer.   All
19    disciplinary action taken or pending against a corporation or
20    partnership  before the effective date of this amendatory Act
21    of 1993 shall be continued or remain in  effect  without  the
22    Department filing separate actions.
23        It  is unlawful for any person to practice, or to attempt
24    to practice, structural engineering, without  being  licensed
25    under  this  Act. It is unlawful for any business not subject
26    to the sole proprietorship  exemption  to  offer  or  provide
27    structural  engineering  services without active registration
28    issued by the Department as a  professional  design  firm  or
29    professional service corporation.
30    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

31        (225 ILCS 340/20) (from Ch. 111, par. 6620)
32        Sec.  20.   (a)  The  Department  may,  singularly  or in
33    combination, refuse to  issue,  renew,  or  restore,  or  may
 
SB126 Engrossed             -49-               LRB9102229ACcs
 1    suspend or revoke any license or certificate of registration,
 2    or  may  place on probation, reprimand, or fine, with a civil
 3    penalty not to exceed $10,000 for each violation, any person,
 4    corporation,  partnership,  or   professional   design   firm
 5    registered  or  licensed  under  this  Act  for  any  of  the
 6    following reasons:
 7             (1)  Material misstatement in furnishing information
 8        to the Department;
 9             (2)  Negligence,  incompetence  or misconduct in the
10        practice of structural engineering;
11             (3)  Making any misrepresentation for the purpose of
12        obtaining licensure;
13             (4)  The   affixing   of   a   licensed   structural
14        engineer's seal to any plans, specifications or  drawings
15        which  have  not  been prepared by or under the immediate
16        personal supervision of that licensed structural engineer
17        or reviewed as provided in this Act;
18             (5)  Conviction of any crime under the laws  of  the
19        United  States,  or any state or territory thereof, which
20        is  a  felony,  whether  related  to  the   practice   of
21        Structural  Engineering  or  not,  or  conviction  of any
22        crime, whether a felony, misdemeanor,  or  otherwise,  an
23        essential  element  of  which  is dishonesty, or which is
24        directly  related   to   the   practice   of   structural
25        engineering;
26             (6)  Making  a  statement  of compliance pursuant to
27        the Environmental  Barriers  Act,  as  now  or  hereafter
28        amended,  that a plan for construction or alteration of a
29        public facility or  for  construction  of  a  multi-story
30        housing  unit  is  in  compliance  with the Environmental
31        Barriers Act when such plan is not in compliance;
32             (7)  Failure to comply with any of the provisions of
33        this Act or its rules;
34             (8)  Aiding or assisting another person in violating
 
SB126 Engrossed             -50-               LRB9102229ACcs
 1        any provision of this Act or its rules;
 2             (9)  Engaging   in   dishonorable,   unethical    or
 3        unprofessional  conduct of a character likely to deceive,
 4        defraud or harm the public, as defined by rule;
 5             (10)  Habitual intoxication or addiction to the  use
 6        of drugs;
 7             (11)  A  finding  by  the Board that an applicant or
 8        licensee  has  failed  to  pay  a  fine  imposed  by  the
 9        Department or a licensee whose license has been placed on
10        probationary status, has violated the terms of probation;
11             (12)  Discipline  by   another   state,   territory,
12        foreign  country,  the  District  of Columbia, the United
13        States government, or any other governmental  agency,  if
14        at least one of the grounds for discipline is the same or
15        substantially  equivalent  to  those  set  forth  in this
16        Section;
17             (13)  Failure to provide information in response  to
18        a  written  request made by the Department within 30 days
19        after the receipt of such written request; or
20             (14)  Physical  illness,  which   results   in   the
21        inability   to  practice  the  profession  of  structural
22        engineering with reasonable judgment, skill or safety; or
23         including, but not limited to, deterioration through the
24        aging process or loss of motor skill.
25        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
26    showing of a possible violation may compel a person  licensed
27    to  practice under this Act, or who has applied for licensure
28    or certification pursuant to this Act, to submit to a  mental
29    or  physical  examination, or both, as required by and at the
30    expense of the Department.  The examining physicians shall be
31    those specifically designated by the Board.  The Board or the
32    Department may  order  the  examining  physician  to  present
33    testimony  concerning  this mental or physical examination of
34    the licensee or applicant.  No information shall be  excluded
 
SB126 Engrossed             -51-               LRB9102229ACcs
 1    by  reason  of any common law or statutory privilege relating
 2    to communications between the licensee or applicant  and  the
 3    examining  physician.  The person to be examined may have, at
 4    his or her own expense,  another  physician  of  his  or  her
 5    choice   present  during  all  aspects  of  the  examination.
 6    Failure of any person to  submit  to  a  mental  or  physical
 7    examination,  when  directed, shall be grounds for suspension
 8    of a license until the person submits to the  examination  if
 9    the  Board  finds, after notice and hearing, that the refusal
10    to submit to the examination was without reasonable cause.
11        If the Board finds a person unable to practice because of
12    the reasons set forth in this Section, the Board may  require
13    that  person  to  submit to care, counseling, or treatment by
14    physicians  approved  or  designated  by  the  Board   as   a
15    condition, term, or restriction for continued, reinstated, or
16    renewed   licensure   to  practice;  or,  in  lieu  of  care,
17    counseling, or treatment, the  Board  may  recommend  to  the
18    Department  to  file  a  complaint  to  immediately  suspend,
19    revoke,  or  otherwise  discipline the license of the person.
20    Any person whose license was granted, continued,  reinstated,
21    renewed,  disciplined,  or  supervised subject to such terms,
22    conditions, or restrictions and who fails to comply with such
23    terms, conditions, or restrictions shall be referred  to  the
24    Director  for  a determination as to whether the person shall
25    have his or her  license  suspended  immediately,  pending  a
26    hearing by the Board.
27        (b)  The determination by a circuit court that a licensee
28    is subject to involuntary admission or judicial admission, as
29    provided  in the Mental Health and Developmental Disabilities
30    Code, operates as an automatic suspension.   Such  suspension
31    will  end  only upon a finding by a court that the patient is
32    no  longer  subject  to  involuntary  admission  or  judicial
33    admission,  the  issuance  of  an  order   so   finding   and
34    discharging  the patient, and the recommendation of the Board
 
SB126 Engrossed             -52-               LRB9102229ACcs
 1    to the Director  that  the  licensee  be  allowed  to  resume
 2    practice.
 3        The  Department  may refuse to issue, or may suspend, the
 4    license of any person who fails to file a return, or  to  pay
 5    the  tax,  penalty or interest shown in a filed return, or to
 6    pay any final assessment of  tax,  penalty  or  interest,  as
 7    required   by  any  tax  Act  administered  by  the  Illinois
 8    Department of Revenue, until such time as the requirements of
 9    such tax Act are satisfied.
10        Persons who  assist  the  Department  as  consultants  or
11    expert  witnesses  in  the  investigation  or  prosecution of
12    alleged violations of the Act, licensure matters, restoration
13    proceedings, or criminal prosecutions,  are  not  liable  for
14    damages in any civil action or proceeding as a result of such
15    assistance, except upon proof of actual malice.  The Attorney
16    General of the State of Illinois shall defend such persons in
17    any such action or proceeding.
18    (Source: P.A. 88-428.)

19        Section   55.   The  Private  Detective,  Private  Alarm,
20    Private Security, and Locksmith Act of  1993  is  amended  by
21    changing Section 30 as follows:

22        (225 ILCS 446/30)
23        Sec. 30.  Exemptions.
24        (a)  This Act does not apply to:
25             (1)  An  officer  or  employee of the United States,
26        this State, or any political subdivision of either  while
27        the  officer or employee is engaged in the performance of
28        his or her official duties within the course and scope of
29        his or her employment with the United States, this State,
30        or any political subdivision  of  either.   However,  any
31        person  who  offers  his  or  her  services  as a private
32        detective or private security contractor,  or  any  title
 
SB126 Engrossed             -53-               LRB9102229ACcs
 1        when  similar  services  are  performed for compensation,
 2        fee, or other valuable  consideration,  whether  received
 3        directly  or  indirectly,  is subject to this Act and its
 4        licensing requirements.
 5             (2)  An  attorney-at-law  licensed  to  practice  in
 6        Illinois while engaging in the practice of law.
 7             (3)  A person engaged exclusively in the business of
 8        obtaining and furnishing information as to the  financial
 9        rating  or credit worthiness of persons; and a person who
10        provides consumer reports in connection with:
11                  (i)  Credit transactions involving the consumer
12             on whom the  information  is  to  be  furnished  and
13             involving the extensions of credit to the consumer.
14                  (ii)  Information for employment purposes.
15                  (iii)  Information   for  the  underwriting  of
16             insurance involving the consumer.
17             (4)  Insurance adjusters legally employed  or  under
18        contract   as  adjusters  and  who  engage  in  no  other
19        investigative  activities  other  than   those   directly
20        connected  with adjustment of claims against an insurance
21        company or self-insured by which  they  are  employed  or
22        with  which  they have a contract.  No insurance adjuster
23        or company may utilize the term  "investigation"  or  any
24        derivative   thereof  in  its  company  name  or  in  its
25        advertising other than  for  the  handling  of  insurance
26        claims.
27             For  the purposes of this Code, "insurance adjuster"
28        includes any person expressly authorized to act on behalf
29        of an insurance company or self-insured and any  employee
30        thereof  who  acts  or  appears  to  act on behalf of the
31        insurance company or self-insured in matters relating  to
32        claims,   including   but   not  limited  to  independent
33        contractors  while  performing  claim  services  at   the
34        direction of the company.
 
SB126 Engrossed             -54-               LRB9102229ACcs
 1             (5)  A  person engaged exclusively and employed by a
 2        person, firm, association, or corporation in the business
 3        of  transporting  persons  or  property   in   interstate
 4        commerce  and  making  an  investigation  related  to the
 5        business of that employer.
 6             (6)  Any  person,  watchman,   or   guard   employed
 7        exclusively  and  regularly by one employer in connection
 8        with the affairs of that employer only and  there  exists
 9        an employer/employee relationship.
10             (7)  Any  law enforcement officer, as defined in the
11        Illinois  Police  Training  Act,  who  has   successfully
12        completed  the  requirements of basic law enforcement and
13        firearms training  as  prescribed  by  the  Illinois  Law
14        Enforcement  Training  Standards  Board,  employed  by an
15        employer in connection with the affairs of that employer,
16        provided  he  or  she  is  exclusively  employed  by  the
17        employer during the hours or times he or she is scheduled
18        to work for that employer, and there exists  an  employer
19        and employee relationship.
20             In  this subsection an "employee" is a person who is
21        employed by an employer who has the right to control  and
22        direct   the   employee  who  performs  the  services  in
23        question, not only as to the result to be accomplished by
24        the work, but also as to the details and means  by  which
25        the  result  is  to be accomplished; and an "employer" is
26        any person or entity, with the  exception  of  a  private
27        detective,  private  detective  agency,  private security
28        contractor, private security contractor  agency,  private
29        alarm  contractor,  or  private  alarm contractor agency,
30        whose purpose it  is  to  hire  persons  to  perform  the
31        business   of  a  private  detective,  private  detective
32        agency, private  security  contractor,  private  security
33        contractor  agency,  private alarm contractor, or private
34        alarm contractor agency.
 
SB126 Engrossed             -55-               LRB9102229ACcs
 1             (8)  A person who sells burglar  alarm  systems  and
 2        does  not  install,  monitor,  maintain,  alter,  repair,
 3        service, or respond to burglar alarm systems at protected
 4        premises or premises to be protected, provided:
 5                       (i)  The   burglar   alarm   systems   are
 6                  approved either by Underwriters Laboratories or
 7                  another  authoritative source recognized by the
 8                  Department and are identified  by  a  federally
 9                  registered trademark.
10                       (ii)  The   owner  of  the  trademark  has
11                  expressly authorized the  person  to  sell  the
12                  trademark  owner's  products,  and  the  person
13                  provides  proof  of this authorization upon the
14                  request of the Department.
15                       (iii)  The   owner   of   the    trademark
16                  maintains,  and  provides upon the Department's
17                  request, a certificate evidencing insurance for
18                  bodily injury or property damage  arising  from
19                  faulty  or  defective products in an amount not
20                  less than  $1,000,000  combined  single  limit;
21                  provided  that the policy of insurance need not
22                  relate exclusively to burglar alarm systems.
23             (9)  A person who  sells,  installs,  maintains,  or
24        repairs automobile alarm systems.
25             (9-5)  A person, firm, or corporation engaged solely
26        and  exclusively  in  tracing  and  compiling  lineage or
27        ancestry.
28        (b)  Nothing in this Act prohibits any of the following:
29             (A)  Servicing, installing, repairing, or rebuilding
30        automotive locks by automotive service dealers,  as  long
31        as  they  do  not  hold  themselves  out to the public as
32        locksmiths.
33             (B)  Police, fire, or other municipal employees from
34        opening a lock in an emergency situation, as long as they
 
SB126 Engrossed             -56-               LRB9102229ACcs
 1        do not hold themselves out to the public as locksmiths.
 2             (C)  Any merchant or retail or hardware  store  from
 3        duplicating  keys, from installing, servicing, repairing,
 4        rebuilding,  reprogramming,  or  maintaining   electronic
 5        garage  door  devices  or  from  selling locks or similar
 6        security accessories not  prohibited  from  sale  by  the
 7        State of Illinois, as long as they do not hold themselves
 8        out to the public as locksmiths.
 9             (D)  The  installation  or removal of complete locks
10        or locking devices by members of the building trades when
11        doing so in the course of residential or  commercial  new
12        construction  or  remodeling, as long as they do not hold
13        themselves out to the public as locksmiths.
14             (E)  The employees of towing services, repossessors,
15        or auto clubs from opening automotive locks in the normal
16        course of their duties, as  long  as  they  do  not  hold
17        themselves out to the public as locksmiths. Additionally,
18        this  Act shall not prohibit employees of towing services
19        from opening motor vehicle locks to enable a  vehicle  to
20        be moved without towing, provided that the towing service
21        does  not  hold  itself out to the public, by yellow page
22        advertisement, through a sign at the  facilities  of  the
23        towing  service,  or  by  any  other  advertisement, as a
24        locksmith.
25             (F)  The practice of locksmithing by students in the
26        course of study in programs approved by  the  Department,
27        provided  that the students do not hold themselves out to
28        the public as locksmiths.
29             (G)  Servicing, installing, repairing, or rebuilding
30        locks by a lock manufacturer or anyone employed by a lock
31        manufacturer, as long as they do not hold themselves  out
32        to the public as locksmiths.
33             (H)  The   provision  of  any  of  the  products  or
34        services in the practice of locksmithing as identified in
 
SB126 Engrossed             -57-               LRB9102229ACcs
 1        Section 5 of this Act by a business licensed by the State
 2        of Illinois as a  private  alarm  contractor  or  private
 3        alarm contractor agency, as long as the principal purpose
 4        of  the  services  provided  to  a  customer  is  not the
 5        practice of locksmithing and the business does  not  hold
 6        itself out to the public as a locksmith agency.
 7             (I)  Any   maintenance   employee   of   a  property
 8        management company at a multi-family residential building
 9        from servicing, installing, repairing, or  opening  locks
10        for  tenants as long as the maintenance employee does not
11        hold himself or herself out to the public as a locksmith.
12             (J)  A person, firm, or corporation from engaging in
13        fire  protection  engineering,  including   the   design,
14        testing, and inspection of fire protection systems.
15             (K)  The  practice  of  professional  engineering as
16        defined in the Professional Engineering Practice  Act  of
17        1989.
18             (L)  The   practice  of  structural  engineering  as
19        defined in the Structural Engineering Practice  Licensing
20        Act of 1989.
21             (M)  The  practice of architecture as defined in the
22        Illinois Architecture Practice Act of 1989.
23             (N)  The activities of  persons  or  firms  licensed
24        under  the Illinois Public Accounting Act if performed in
25        the course of their professional practice.
26        (c)  This Act  does  not  prohibit  any  persons  legally
27    regulated  in this State under any other Act from engaging in
28    the practice for which they are licensed, provided that  they
29    do  not  represent themselves by any title prohibited by this
30    Act.
31    (Source: P.A.  89-366,  eff.  1-1-96;  90-436,  eff.  1-1-98;
32    90-633, eff. 7-24-98.)

33        Section  60.  The Professional Geologist Licensing Act is
 
SB126 Engrossed             -58-               LRB9102229ACcs
 1    amended by changing Section 20 as follows:

 2        (225 ILCS 745/20)
 3        Sec. 20.  Exemptions.   Nothing  in  this  Act  shall  be
 4    construed  to  restrict  the  use of the title "geologist" or
 5    similar words by any person engaged in a practice of  geology
 6    exempted  under  this  Act, provided the person does not hold
 7    himself or herself  out  as  being  a  licensed  professional
 8    geologist  or  does  not  practice  professional geology in a
 9    manner requiring licensure under this Act.    Performance  of
10    the  following  activities  does  not  require licensure as a
11    licensed professional geologist under this Act:
12        (a)  The practice of professional geology by an  employee
13    or  a  subordinate of a licensee under this Act, provided the
14    work does not include responsible charge of  geological  work
15    and  is  performed under the direct supervision of a licensed
16    professional geologist who is responsible for the work.
17        (b)  The practice of professional geology by officers and
18    employees of the United States government within the scope of
19    their employment.
20        (c)  The practice of  professional  geology  as  geologic
21    research  to  advance  basic  knowledge  for  the  purpose of
22    offering   scientific   papers,   publications,   or    other
23    presentations  (i)  before  meetings of scientific societies,
24    (ii) internal to a partnership, corporation,  proprietorship,
25    or  government agency, or (iii) for publication in scientific
26    journals, or in books.
27        (d)  The teaching of geology  in  schools,  colleges,  or
28    universities, as defined by rule.
29        (e)  The  practice of professional geology exclusively in
30    the exploration for or development  of  energy  resources  or
31    base,  precious  and  nonprecious  minerals,  including sand,
32    gravel, and aggregate, that does not require, by  law,  rule,
33    or  ordinance,  the submission of reports, documents, or oral
 
SB126 Engrossed             -59-               LRB9102229ACcs
 1    or written testimony to  public  agencies.   Public  agencies
 2    may,  by  law  or  by  rule,  allow  required oral or written
 3    testimony, reports, permit applications, or  other  documents
 4    based  on  the  science of geology to be submitted to them by
 5    persons  not  licensed  under  this  Act.   Unless  otherwise
 6    required by State or federal law,  public  agencies  may  not
 7    require that the geology-based aspects of testimony, reports,
 8    permits,  or  other  documents  so  exempted  be reviewed by,
 9    approved, or otherwise certified by any person who is  not  a
10    licensed  professional  geologist.  Licensure is not required
11    for the submission and review of reports or documents or  the
12    provision  of  oral  or written testimony made under the Well
13    Abandonment Act, the Illinois Oil and Gas  Act,  the  Surface
14    Coal  Mining  Land  Conservation  and Reclamation Act, or the
15    Surface-Mined Land Conservation and Reclamation Act.
16        (f)  The practice of professional engineering as  defined
17    in the Professional Engineering Practice Act of 1989.
18        (g)  The practice of structural engineering as defined in
19    the Structural Engineering Practice Licensing Act of 1989.
20        (h)  The  practice  of  architecture  as  defined  in the
21    Illinois Architecture Practice Act of 1989.
22        (i)  The practice of land surveying  as  defined  in  the
23    Illinois Professional Land Surveyor Act of 1989.
24        (j)  The practice of landscape architecture as defined in
25    the Illinois Landscape Architecture Act of 1989.
26    (Source: P.A. 89-366, eff. 7-1-96.)

27        Section 65.  The Environmental Barriers Act is amended by
28    changing Section 7 as follows:

29        (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
30        Sec. 7. Penalties.
31        (a)  Any owner constructing or altering a public facility
32    or  constructing  a  multi-story housing unit in violation of
 
SB126 Engrossed             -60-               LRB9102229ACcs
 1    this Act shall be guilty of a business offense punishable  by
 2    a  fine not to exceed $250 per day, and each day the owner is
 3    in violation of this Act constitutes a separate offense.
 4        (b)  Any   architect   or   engineer    negligently    or
 5    intentionally  stating pursuant to Section 5 of this Act that
 6    a plan is in compliance with this Act when such plan  is  not
 7    in compliance shall be subject to a suspension, revocation or
 8    refusal   of   restoration  of  his  or  her  certificate  of
 9    registration or license pursuant to the Illinois Architecture
10    Practice Act of 1989, the Professional  Engineering  Practice
11    Act of 1989 and the Structural Engineering Practice Licensing
12     Act of 1989.
13        (c)  Any  person  issuing  a  building  permit  or  other
14    official  authorization for the construction or alteration of
15    a public  facility  or  the  construction  of  a  multi-story
16    housing  unit  in  violation of this Act shall be guilty of a
17    business offense punishable by a fine not to exceed $1,000.
18        (d)  The executive director of  the  Capital  Development
19    Board or any other person may request the State's Attorney of
20    the  county  in  which  the  public  facility  or multi-story
21    housing unit is located to initiate  prosecution  under  this
22    Section.
23    (Source: P.A. 86-711; 86-1475; 87-562.)

24        Section  70.  The Professional Service Corporation Act is
25    amended by changing Section 3.6 as follows:

26        (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
27        Sec.   3.6.    "Related   professions"    and    "related
28    professional  services"  mean  more than one personal service
29    which requires as a  condition  precedent  to  the  rendering
30    thereof the obtaining of a license and which prior to October
31    1,  1973 could not be performed by a corporation by reason of
32    law; provided, however, that these terms shall be  restricted
 
SB126 Engrossed             -61-               LRB9102229ACcs
 1    to:
 2             (1)  a  combination  of two or more of the following
 3        personal  services:  (a)  "architecture"  as  defined  in
 4        Section 5 of the Illinois Architecture  Practice  Act  of
 5        1989,   (b)  "professional  engineering"  as  defined  in
 6        Section 4 of the Professional Engineering Practice Act of
 7        1989, (c) "structural engineering" as defined in  Section
 8        5 of the Structural Engineering Practice Licensing Act of
 9        1989, (d) "land surveying" as defined in Section 2 of the
10        Illinois Professional Land Surveyor Act of 1989;  or
11             (2)  a   combination   of   the  following  personal
12        services: (a) the practice of  medicine  in  all  of  its
13        branches,  (b)  the  practice  of  podiatry as defined in
14        Section 5 of the Podiatric Medical Practice Act of  1987,
15        (c)  the practice of dentistry as defined in the Illinois
16        Dental Practice Act, (d) the  practice  of  optometry  as
17        defined in the Illinois Optometric Practice Act of 1987.
18    (Source: P.A. 90-230, eff. 1-1-98.)

19        Section  999.   Effective  date.   This  Act takes effect
20    January 1, 2000, except that  Section  5  takes  effect  upon
21    becoming law.
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State of Illinois91st General AssemblyLegislation

State of Illinois
91st General Assembly
Legislation
