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91_SB0127eng SB127 Engrossed LRB9102230ACtm 1 AN ACT concerning professional 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 The following Acts are repealed December 31, 8 1999: 9 The Fire Equipment Distributor and Employee Regulation 10 Act. 11The Professional Engineering Practice Act of 1989.12 The Structural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 Act repealed on January 1, 2010. The 22 following Act is repealed on January 1, 2010: 23 The Professional Engineering Practice Act of 1989. 24 Section 10. The Professional Engineering Practice Act of 25 1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 12, 26 14, 15, 20, 23, 24, and 44 and by adding Section 17.5 as 27 follows: 28 (225 ILCS 325/4) (from Ch. 111, par. 5204) SB127 Engrossed -2- LRB9102230ACtm 1 Sec. 4. Definitions. As used in this Act: 2 (a) "Approved engineering curriculum" means an 3 engineering curriculum of 4 academic years or more which 4 meets the standards established by the rules of the 5 Department. 6 (b) "Board" means the State Board of Professional 7 Engineers of the Department of Professional Regulation, 8 previously known as the Examining Committee. 9 (c) "Department" means the Department of Professional 10 Regulation. 11 (d) "Design professional" means an architect, structural 12 engineer or professional engineer practicing in conformance 13 with the Illinois Architecture Practice Act of 1989, the 14 Structural Engineering Licensing Act of 1989 or the 15 Professional Engineering Practice Act of 1989. 16 (e) "Director" means the Director of Professional 17 Regulation. 18 (f) "Direct supervision/responsible charge" means work 19 prepared under the control of a licensed professional 20 engineer or that work as to which that professional engineer 21 has detailed professional knowledge. 22 (g) "Engineering college" means a school, college, 23 university, department of a university or other educational 24 institution, reputable and in good standing in accordance 25 with rules prescribed by the Department, and which grants 26 baccalaureate degrees in engineering. 27 (h) "Engineering system or facility" means a system or 28 facility whose design is based upon the application of the 29 principles of science for the purpose of modification of 30 natural states of being. 31 (i) "Engineer intern" means a person who is a candidate 32 for licensure as a professional engineer and who has been 33 enrolled as an engineer intern. 34 (j) "Enrollment" means an action by the Department to SB127 Engrossed -3- LRB9102230ACtm 1 record those individuals who have met the Board's 2 requirements for an engineer intern. 3 (k) "License" means an official document issued by the 4 Department to an individual, a corporation,ora partnership, 5 a professional service corporation, a limited liability 6 company, or a sole proprietorship, signifying authority to 7 practice. 8 (l) "Negligence in the practice of professional 9 engineering" means the failure to exercise that degree of 10 reasonable professional skill, judgment and diligence 11 normally rendered by professional engineers in the practice 12 of professional engineering. 13 (m) "Professional engineer" means a person licensed 14 under the laws of the State of Illinois to practice 15 professional engineering. 16 (n) "Professional engineering" means the application of 17 science to the design of engineering systems and facilities 18 using the knowledge, skills, ability and professional 19 judgment developed through professional engineering 20 education, training and experience. 21 (o) "Professional engineering practice" means the 22 consultation on, conception, investigation, evaluation, 23 planning, and design of, and selection of materials and 24 methods to be used in, administration of construction 25 contracts for, or site observation of an engineering system 26 or facility, where such consultation, conception, 27 investigation, evaluation, planning, design, selection, 28 administration, or observation requires extensive knowledge 29 of engineering laws, formulae, materials, practice, and 30 construction methods. A person shall be construed to 31 practice or offer to practice professional engineering, 32 within the meaning and intent of this Act, who practices, or 33 who, by verbal claim, sign, advertisement, letterhead, card, 34 or any other way, is represented to be a professional SB127 Engrossed -4- LRB9102230ACtm 1 engineer, or through the use of the initials "P.E." or the 2 title "engineer" or any of its derivations or some other 3 title implies licensure as a professional engineer, or holds 4 himself out as able to perform any service which is 5 recognized as professional engineering practice. 6 Examples of the practice of professional engineering 7 include, but need not be limited to, transportation 8 facilities and publicly owned utilities for a region or 9 community, railroads, railways, highways, subways, canals, 10 harbors, river improvements; irrigation works; aircraft, 11 airports and landing fields; waterworks, piping systems and 12 appurtenances, sewers, sewage disposal works; plants for the 13 generation of power; devices for the utilization of power; 14 boilers; refrigeration plants, air conditioning systems and 15 plants; heating systems and plants; plants for the 16 transmission or distribution of power; electrical plants 17 which produce, transmit, distribute, or utilize electrical 18 energy; works for the extraction of minerals from the earth; 19 plants for the refining, alloying or treating of metals; 20 chemical works and industrial plants involving the use of 21 chemicals and chemical processes; plants for the production, 22 conversion, or utilization of nuclear, chemical, or radiant 23 energy; forensic engineering, geotechnical engineering 24 including, subsurface investigations; soil classification, 25 geology and geohydrology, incidental to the practice of 26 professional engineering; energy analysis, environmental 27 design, hazardous waste mitigation and control; recognition, 28 measurement, evaluation and control of environmental systems 29 and emissions; automated building management systems; or the 30 provision of professional engineering site observation of the 31 construction of works and engineering systems. Nothing 32 contained in this Section imposes upon a person licensed 33 under this Act the responsibility for the performance of any 34 of the foregoing functions unless such person specifically SB127 Engrossed -5- LRB9102230ACtm 1 contracts to provide it. 2 (p) "Project representative" means the professional 3 engineer's representative at the project site who assists in 4 the administration of the construction contract. 5 (q) "Registered" means the same as "licensed" for 6 purposes of this Act. 7 (r) "Related science curriculum" means a 4 year program 8 of study, the satisfactory completion of which results in a 9 Bachelor of Science degree, and which contains courses from 10 such areas as life, earth, engineering and computer sciences, 11 including but not limited to, physics and chemistry. In the 12 study of these sciences, the objective is to acquire 13 fundamental knowledge about the nature of its phenomena, 14 including quantitative expression, appropriate to particular 15 fields of engineering. 16 (s) "Rules" means those rules promulgated pursuant to 17 this Act. 18 (t) "Seal" means the seal in compliance with Section 14 19 of this Act. 20 (u) "Site observation" is visitation of the construction 21 site for the purpose of reviewing, as available, the quality 22 and conformance of the work to the technical submissions as 23 they relate to design. 24 (v) "Support design professional" means a professional 25 engineer practicing in conformance with the Professional 26 Engineering Practice Act of 1989, who provides services to 27 the design professional who has contract responsibility. 28 (w) "Technical submissions" means designs, drawings, and 29 specifications which establish the standard of quality for 30 materials, workmanship, equipment, and the construction 31 systems, studies, and other technical reports prepared in the 32 course of a design professional's practice. 33 (Source: P.A. 88-372.) SB127 Engrossed -6- LRB9102230ACtm 1 (225 ILCS 325/5) (from Ch. 111, par. 5205) 2 Sec. 5. Powers and duties of the Department. Subject to 3 the provisions of this Act, the Department shall exercise the 4 following functions, powers and duties: 5 (a) To pass upon the qualifications and conduct 6 examinations of applicants for licensure as professional 7 engineers or enrollment as engineer interns and pass upon the 8 qualifications of applicants by endorsement and issue a 9 license or enrollment to those who are found to be fit and 10 qualified; 11 (b) To prescribe rules for the method, conduct and 12 grading of the examination of applicants; 13 (c) To license corporations,andpartnerships, 14 professional service corporations, limited liability 15 companies, and sole proprietorships for the practice of 16 professional engineering and issue a license to those who 17 qualify; 18 (d) To conduct investigations and hearings regarding 19 violations of this Act and take disciplinary or other actions 20 as provided in this Act as a result of the proceedings; 21 (e) To prescribe rules as to what shall constitute an 22 engineering or related science curriculum and to determine if 23 a specific engineering curriculum is in compliance with the 24 rules, and to terminate the approval of a specific 25 engineering curriculum for non-compliance with such rules; 26 (f) To promulgate rules required for the administration 27 of this Act, including rules of professional conduct; 28 (g) To maintain membership in the National Council of 29 Examiners for Engineering and Surveying and participate in 30 activities of the Council by designation of individuals for 31 the various classifications of membership, the appointment of 32 delegates for attendance at zone and national meetings of the 33 Council, and the funding of the delegates for attendance at 34 the meetings of the Council; and SB127 Engrossed -7- LRB9102230ACtm 1 (h) To obtain written recommendations from the Board 2 regarding qualifications of individuals for licensure and 3 enrollment, definitions of curriculum content and approval of 4 engineering curricula, standards of professional conduct and 5 formal disciplinary actions, and the promulgation of the 6 rules affecting these matters. 7 Prior to issuance of any final decision or order that 8 deviates from any report or recommendations of the Board 9 relating to the qualification of applicants, discipline of 10 licensees or registrants, or promulgation of rules, the 11 Director shall notify the Board in writing with an 12 explanation of any such deviation and provide a reasonable 13 time for the Board to submit written comments to the Director 14 regarding the proposed action. In the event that the Board 15 fails or declines to submit such written comments within 30 16 days of said notification, the Director may issue a final 17 decision or orders consistent with the Director's original 18 decision. The Department may at any time seek the expert 19 advice and knowledge of the Board on any matter relating to 20 the enforcement of this Act. 21 None of the functions, powers or duties enumerated in 22 this Section shall be exercised by the Department except upon 23 the action and report in writing of the Board. 24 (Source: P.A. 89-61, eff. 6-30-95.) 25 (225 ILCS 325/6) (from Ch. 111, par. 5206) 26 Sec. 6. Composition, qualifications and terms of the 27 Board. (a) The Board shall be appointed by the Director and 28 shall consist of 10 members, one of whom shall be a public 29 member and 9 of whom shall be professional engineers licensed 30 under this Act. In addition each member who is a 31 professional engineer shall: 32 (1) be a citizen of the United States, and 33 (2) be a resident of this State. SB127 Engrossed -8- LRB9102230ACtm 1 (b) In addition, each member who is a professional 2 engineer shall: 3 (1) have not less than 12 years of experience in the 4 practice of professional engineering, and shall hold an 5 active license as a professional engineer in Illinois; 6 (2) have been in charge of professional engineering work 7 for at least 5 years. For the purposes of this Section, any 8 period in which a person has been in charge of teaching 9 engineering in an engineering college with the rank of 10 assistant professor or higher shall be considered as time in 11 which such person was in charge of professional engineering 12 work. 13 The terms for all members shall be for 5 years. On the 14 expiration of the term of any member or in the event of a 15 vacancy, the Director shall appoint a member who shall hold 16 office until the expiration of the term for which the member 17 is appointed and until a successor has been appointed and 18 qualified. 19 No member shall be reappointed to the Board for a term 20 which would cause that individual's continuous service on the 21 Board to be longer than 15 successive years. 22 In implementing the 5 year terms, the Director shall vary 23 the terms to enable the Board to have no more than 2 terms 24 expire in any one year. 25 The public member shall not be an employee of the State 26 of Illinois. The public member shall be an Illinois resident 27 and a citizen of the United States. 28 In making appointments to the Board, the Director shall 29 give due consideration to recommendations by members of the 30 profession and by organizations therein. 31 The Director may remove any member of the Board for 32 misconduct, incompetence, neglect of duty or for reasons 33 prescribed by law for removal of State officials. 34 The Director may remove a member of the Board who does SB127 Engrossed -9- LRB9102230ACtm 1 not attend 2 consecutive meetings.An appointment to fill a2vacancy thus created shall be to fill the unexpired term of3office and shall be in accordance with this Section.4 A quorum of the Board shall consist ofnot less than 65members.a majority of Board members appointed. Majority 6 vote of the quorum is required for Board decisions. 7 Each member of the Board shall receive compensation when 8 attending Board meetings or meetings approved by the Director 9 and shall be reimbursed for all actual traveling expenses. 10 Members of the Board shall be immune from suit in any 11 action based upon any disciplinary proceedings or other 12 activities performed in good faith as members of the Board. 13 Persons holding office as members of the Board 14 immediately prior to the effective date of this Act under the 15 Act repealed herein shall continue as members of the Board 16 until the expiration of the term for which they were 17 appointed and until their successors are appointed and 18 qualified. 19 (Source: P.A. 86-667.) 20 (225 ILCS 325/7) (from Ch. 111, par. 5207) 21 Sec. 7. Powers and duties of the Board. Subject to the 22 provisions of this Act, the Board shall exercise the 23 following functions, powers and duties: 24 (a) Review education and experience qualifications 25 of applicants, including conducting oral interviews as 26 deemed necessary by the Board, to determine eligibility 27 as an engineer intern or professional engineer and submit 28 to the Director written recommendations on applicant 29 qualifications for enrollment and licensure; 30 (b) The Board may appoint a subcommittee to serve 31 as a Complaint Committee to recommend the disposition of 32 case files according to procedures established by rule; 33 (c) Conduct hearings regarding disciplinary actions SB127 Engrossed -10- LRB9102230ACtm 1 and submit a written report and recommendations to the 2 Director as required by this Act and to provide a Board 3 member at informal conferences; 4 (d) Make visits to universities or colleges to 5 evaluate engineering curricula or to otherwise evaluate 6 engineering curricula and submit to the Director a 7 written recommendation of acceptability of a curriculum; 8 (e) Submit a written recommendation to the Director 9 concerning promulgation of rules as required in Section 5 10 and to recommend to the Director any rules or amendments 11 thereto for the administration of this Act; 12 (f) Hold at least 3 regular meetings each year;and1314 (g) Elect annually a chairperson and a 15 vice-chairperson who shall be professional engineers; and 16.17 (h) Submit written comments to the Director within 18 30 days from notification of any final decision or order 19 from the Director that deviates from any report or 20 recommendation of the Board relating to the qualification 21 of applicants, discipline of licensees or registrants, or 22 promulgation of rules. 23Prior to issuance of any final decision or order which24deviates from any report or recommendation of the Board25relating to the qualification of applicants, discipline of26licensees or registrants, or promulgation of rules, the27Director shall notify the Board and the Secretary of State in28writing with an explanation of any such deviation and provide29a reasonable time for the Board to submit written comments to30the Director regarding the proposed action. In the event31that the Board fails or declines to submit such written32comments within 30 days of said notification, the Director33may issue a final decision or order consistent with the34Director's original decision. The Department may at any timeSB127 Engrossed -11- LRB9102230ACtm 1seek the expert advice and knowledge of the Board on any2matter relating to the enforcement of this Act.3 (Source: P.A. 88-428.) 4 (225 ILCS 325/8) (from Ch. 111, par. 5208) 5 Sec. 8. Applications for licensure. (a) Applications 6 for licensure shall (1) be on forms prescribed and furnished 7 by the Department, (2) contain statements made under oath 8 showing the applicant's education and a detailed summary of 9 the applicant's technical work, and (3) contain references as 10 required by the Department. 11 (b) Applicants shall have obtained the education and 12 experience as required in Section 10 or Section 11 prior to 13 submittal of application for examination, except as provided 14 in subsection (b) of Section 11. Allowable experience shall 15 commence at the date of the baccalaureate degree, except: 16 (1) Credit for one year of experience shall be given for 17 a graduate of a baccalaureate curriculum providing a 18 cooperative program, which is supervised industrial or field 19 experience of at least one academiccalendaryear which 20 alternates with periods of full-time academic training, when 21 such program is certified by the university, or 22 (2) Credit shall be given for professional engineering 23 experience as defined by rule for employment prior to receipt 24 of a baccalaureate degree if the employment is full-time 25 while the applicant takes 8 or more years (16 semesters or 24 26 quarters minimum) as a part-time student to earn the degree 27 concurrent with the employment. 28 The Board may conduct oral interviews of any applicant 29 under Sections 10, 11 or 19 to assist in the evaluation of 30 the qualifications of the applicant. 31 It is the responsibility of the applicant to supplement 32 the application, when requested by the Board, by provision of 33 additional documentation of education, including transcripts, SB127 Engrossed -12- LRB9102230ACtm 1 course content and credentials of the engineering college or 2 college granting related science degrees, or of work 3 experience to permit the Board to determine the 4 qualifications of the applicant. The Department may require 5 an applicant, at the applicant's expense, to have an 6 evaluation of the applicant's education in a foreign country 7 by a nationally recognized educational body approved by the 8 Board in accordance with rules prescribed by the Department. 9 An applicant who graduated from an engineering program 10 outside the United States or its territories and whose first 11 language is not English shall submit certification of passage 12 of the Test of English as a Foreign Language (TOEFL) and the 13 Test of Spoken English (TSE) as defined by rulebefore taking14the licensure examination. 15 (Source: P.A. 89-61, eff. 6-30-95.) 16 (225 ILCS 325/10) (from Ch. 111, par. 5210) 17 Sec. 10. Minimum standards for examination for licensure 18 as professional engineer. To qualify for licensure as a 19 professional engineer each applicant shall be: 20 (a) A graduate of an approved engineering curriculum of 21 at least 4 years who submits acceptable evidence to the Board 22 of an additional 4 years or more of experience in engineering 23 work of a grade and character which indicate that the 24 individual may be competent to practice professional 25 engineering, and who then passes a nominal 8-hour written 26 examination in the fundamentals of engineering, and a nominal 27 8-hour written examination in the principles and practice of 28 engineering. Upon passing both examinations, the applicant, 29 if otherwise qualified, shall be granted a license to 30 practice professional engineering in this State; or 31 (b) A graduate of a non-approved engineering curriculum 32 or a related science curriculum of at least 4 years and 33 meeting the requirements as set forth by rule, who submits SB127 Engrossed -13- LRB9102230ACtm 1 acceptable evidence to the Board of an additional 8 years or 2 more of experience in engineering work of a grade and 3 character which indicate that the individual may be competent 4 to practice professional engineering, and who then passes a 5 nominal 8-hour written examination in the fundamentals of 6 engineering and a nominal 8-hour written examination in the 7 principles and practice of engineering. Upon passing both 8 examinations, the applicant, if otherwise qualified, shall be 9 granted a license to practice professional engineering in 10 this State; or 11 (c) An engineer intern who meets the education and 12 experience qualifications of subsection (a) or (b) of this 13 Section and has passed the nominal 8-hour written examination 14 in the fundamentals of engineering, by application and 15 payment of the required fee, may then take the nominal 8-hour 16 written examination in the principles and practice of 17 engineering. Upon passing that examination, the applicant, 18 if otherwise qualified, shall be granted a license to 19 practice professional engineering in this State. 20 (d) When considering an applicant's qualifications for 21 licensure under this Act, the Department may take into 22 consideration whether an applicant has engaged in conduct or 23 actions that would constitute a violation of the Standards of 24 Professional Conduct for this Act as provided for by 25 administrative rules. 26 (Source: P.A. 89-61, eff. 6-30-95.) 27 (225 ILCS 325/12) (from Ch. 111, par. 5212) 28 Sec. 12. Educational credits or teaching as equivalent 29 of experience. (a) After earning an acceptable baccalaureate 30 degree as required by subsection (a) or (b) of Section 10 31 in engineering or related science and upon completion of a 32 Master's degree in engineering, the applicant may receive one 33 year of experience credit. Upon completion of a Ph.D. in SB127 Engrossed -14- LRB9102230ACtm 1 engineering, an applicant may receive an additional year 2 experience credit for a maximum of 2 years. 3 (b) Teaching engineering subjects in an engineering 4 college is considered experience in engineering. 5 (c) (Blank).For an individual applying for licensure as6a professional engineer under subsection (a) or (b) of7Section 10, the examination for the fundamentals of8engineering shall be waived, if application is made before9January 1, 1994, for those individuals who have:10(1) a doctoral degree from an approved graduate11engineering program, and12(2) demonstrated, in accordance with standards set by13rule, a broad knowledge of the fundamentals of engineering,14by course work gained either in a baccalaureate, masters, or15doctoral program.16 (Source: P.A. 86-667.) 17 (225 ILCS 325/14) (from Ch. 111, par. 5214) 18 Sec. 14. Seal. Every professional engineer shall have a 19 seal or stamp, the printimpressionof which shall be 20 reproducible and contain the name of the professional 21 engineer, the professional engineer's license number, and the 22 words "LicensedRegisteredProfessional Engineer of 23 Illinois". Any reproducibleseal orstamp heretofore 24 authorized under the laws of this state for use by a 25 professional engineer, including those with the words 26 "Registered Professional Engineer of Illinois", shall serve 27 the same purpose as the seal provided for by this Act. When 28 technical submissions are prepared utilizing a computer or 29 other electronic means, the seal may be generated by the 30 computer. Signatures generated by computer shall not be 31 permitted. 32 The professional engineer who has contract responsibility 33 shall seal a cover sheet of the technical submissions, and SB127 Engrossed -15- LRB9102230ACtm 1 those individual portions of the technical submissions for 2 which the professional engineer is legally and professionally 3 responsible. The professional engineer practicing as the 4 support design professional shall seal those individual 5 portions of technical submissions for which the professional 6 engineer is legally and professionally responsible. 7 The use of a professional engineer's seal on technical 8 submissions constitutes a representation by the professional 9 engineer that the work has been prepared by or under the 10 personal supervision of the professional engineer or 11 developed in conjunction with the use of accepted engineering 12 standards. The use of the seal further represents that the 13 work has been prepared and administered in accordance with 14 the standards of reasonable professional skill and diligence. 15 It is unlawful to affix one's seal to technical 16 submissions if it masks the true identity of the person who 17 actually exercised direction, control and supervision of the 18 preparation of such work. A professional engineer who seals 19 and signs technical submissions is not responsible for damage 20 caused by subsequent changes to or uses of those technical 21 submissions, where the subsequent changes or uses, including 22 changes or uses made by State or local governmental agencies, 23 are not authorized or approved by the professional engineer 24 who originally sealed and signed the technical submissions. 25 (Source: P.A. 88-372.) 26 (225 ILCS 325/15) (from Ch. 111, par. 5215) 27 Sec. 15. Technical submissions. All technical 28 submissions prepared by or under the personal supervision of 29 a professional engineer shall bear that professional 30 engineer's seal, signature, and license expiration date. The 31 licensee's written signature and date of signing, along with 32 the date of license expiration, shall be placed adjacent to 33 the seal. Computer generated signatures are not permitted. SB127 Engrossed -16- LRB9102230ACtm 1 All technical submissions intended for use in 2 construction in the State of Illinois shall be prepared and 3 administered in accordance with standards of reasonable 4 professional skill and diligence. Care shall be taken to 5 reflect the requirements of State statutes and, where 6 applicable, county and municipal ordinances in such 7 documents. In recognition that professional engineers are 8 licensed for the protection of the public health, safety and 9 welfare, documents shall be of such quality and scope, and be 10 so administered as to conform to professional standards. 11 (Source: P.A. 89-61, eff. 6-30-95.) 12 (225 ILCS 325/17.5 new) 13 Sec. 17.5. Continuing education. The Department may 14 promulgate rules of continuing education for persons licensed 15 under this Act. The Department shall consider the 16 recommendations of the Board in establishing the guidelines 17 for the continuing education requirements. The requirements 18 of this Section apply to any person seeking renewal or 19 restoration under Section 17 or 18 of this Act. 20 (225 ILCS 325/20) (from Ch. 111, par. 5220) 21 Sec. 20. Fees. 22 (a) The Department shall provide by rule for a schedule 23 of fees to be paid for licenses by all applicants. All fees 24 are not refundable. 25 (b) The fees for the administration and enforcement of 26 this Act, including but not limited to original licensure, 27 renewal, and restoration, shall be set by rule by the 28 Department.The following fees are not refundable:29(a) Certificate of engineer intern.30(1) The fee for application for a certificate of31enrollment is $20.32(2) In addition, applicants for any examinationSB127 Engrossed -17- LRB9102230ACtm 1shall be required to pay, either to the Department or to2the designated testing service, a fee covering the cost3of providing the examination. Failure to appear for the4examination on the scheduled date, at the time and place5specified, after the applicant's application for each6examination has been received and acknowledged by the7Department or the designated testing service, shall8result in the forfeiture of the examination fee.9(b) Certificate of professional engineer.10(1) The fee for application for a license by11examination is $100.12(2) In addition, applicants for any examination13shall be required to pay, either to the Department or to14the designated testing service, a fee covering the cost15of providing the examination. Failure to appear for the16examination on the scheduled date, at the time and place17specified, after the applicant's application for each18examination has been received and acknowledged by the19Department or the designated testing service, shall20result in the forfeiture of the examination fee.21(3) The fee for application for a license by22endorsement for a professional engineer registered or23licensed under the laws of another state or territory of24the United States or of a foreign country or province is25$100.26(4) The biennial fee for the renewal of a license27shall be $60.28(5) The fee for application for the restoration of29a license other than from inactive status is $10 plus30payment of all lapsed renewal fees.31(c) Professional design firm registration fees.32(1) The fee for application for a certificate of33registration as a professional design firm is $75.34(2) The biennial fee for renewal of a certificateSB127 Engrossed -18- LRB9102230ACtm 1of registration as a professional design firm shall be2$75.3(d) General fees.4(1) The fee for the issuance of a duplicate5license, for the issuance of a replacement license for a6license which has been lost or destroyed or for the7issuance of a license with a change of name or address8other than during the renewal period is $20. No fee is9required for name and address changes on Department10records when no duplicate license is issued.11(2) The fee for a certification of a registrant's12record for any purpose is $20.13(3) The fee for retabulating the numerical score of14an examination is the cost to the Department of15retabulating the examination, plus any fees charged by16the applicable testing service to have the examination17retabulated.18(4) The fee for a wall certificate showing19licensure is the actual cost of producing such a20certificate.21(5) The fee for a roster of persons licensed as22professional engineers and of professional design firms23in this State is the actual cost of producing such a24roster.25(e) Any person who delivers a check or other payment to26the Department that is returned to the Department unpaid by27the financial institution upon which it is drawn shall pay to28the Department, in addition to the amount already owed to the29Department, a fine of $50. If the check or other payment was30for a renewal or issuance fee and that person practices31without paying the renewal fee or issuance fee and the fine32due, an additional fine of $100 shall be imposed. The fines33imposed by this Section are in addition to any other34discipline provided under this Act for unlicensed practice orSB127 Engrossed -19- LRB9102230ACtm 1practice on a nonrenewed license. The Department shall2notify the person that payment of fees and fines shall be3paid to the Department by certified check or money order4within 30 calendar days of the notification. If, after the5expiration of 30 days from the date of the notification, the6person has failed to submit the necessary remittance, the7Department shall automatically terminate the license or8certificate or deny the application, without hearing. If,9after termination or denial, the person seeks a license or10certificate, he or she shall apply to the Department for11restoration or issuance of the license or certificate and pay12all fees and fines due to the Department. The Department may13establish a fee for the processing of an application for14restoration of a license or certificate to pay all expenses15of processing this application. The Director may waive the16fines due under this Section in individual cases where the17Director finds that the fines would be unreasonable or18unnecessarily burdensome.19 (c)(f) Disposition of fees and fines collected.All the 20 fees and fines collected pursuant to this Section shall be 21 deposited in the Design Professionals Administration and 22 Investigation Fund. Of the moneys deposited into the Design 23 Professionals Administration and Investigation Fund, the 24 Department may use such funds as necessary and available to 25 produce and distribute newsletters to persons licensed under 26 this Act. 27 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61, 28 eff. 6-30-95; 89-235, eff. 8-4-95.) 29 (225 ILCS 325/23) (from Ch. 111, par. 5223) 30 Sec. 23. Professional design firm registration. 31 (a) Nothing in this Act shall prohibit the formation, 32 under the provisions of the Professional Service Corporation 33 Act, as amended, of a corporation to practice professional SB127 Engrossed -20- LRB9102230ACtm 1 engineering. 2 Any business, including a Professional Service 3 Corporation, thatnot formed under the provisions of the4Professional Service Corporation Act and not registered as5such with the Department, and whichincludes within its 6 stated purposes or practices, or holds itself out as 7 available to practice, professional engineering,shall be 8 registered with the Department pursuant to the provisions set 9 forth in this Section. 10 Any sole proprietorship not owned and operated by an 11 Illinois licensed design professional licensed under this Act 12 shall be prohibited from offering professional engineering 13 services to the public. Any sole proprietorship owned and 14 operated by a professional engineer with an active license 15 issued under this Act and conducting or transacting such 16 business under an assumed name in accordance with the 17 provisions of the Assumed Business Name Act shall comply with 18 the registration requirements of a professional design firm. 19 Any sole proprietorship owned and operated by a professional 20 engineer with an active license issued under this Act and 21 conducting or transacting such business under the real name 22 of the sole proprietor is exempt from the registration 23 requirements of a professional design firm. "Illinois 24 licensed design professional" means a person who holds an 25 active license as a professional engineer under this Act, as 26 an architect under the Illinois Architecture Practice Act of 27 1989, or as a structural engineer under the Structural 28 Engineering Licensing Act of 1989. 29 (b) Any professional design firm seeking to be 30 registered pursuant to the provisions of this Section shall 31 not be registered unless one or more managing agents in 32 charge of professional engineering activities in this State 33 are designated by the professional design firm. Each 34 managing agent must at all times maintain a valid, active SB127 Engrossed -21- LRB9102230ACtm 1 license to practice professional engineering in Illinois. 2 No individual whose license to practice professional 3 engineering in this State is currently in a suspended or 4 revoked status shall act as a managing agent for a 5 professional design firm. 6 (c) Any business seeking to be registered under this 7 Section shall make application on a form provided by the 8 Department and shall provide such information as requested by 9 the Department, which shall include, but not be limited to: 10 (1) the name and license number of the person 11 designated as the managing agent in responsible charge of 12 the practice of professional engineering in Illinois. In 13 the case of a corporation, the corporation shall also 14 submit a certified copy of the resolution by the board of 15 directors designating the managing agent. In the case of 16 a limited liability company, the company shall submit a 17 certified copy of either its articles of organization or 18 operating agreement designating the managing agent; 19 (2) the names and license numbers of the directors, 20 in the case of a corporation, the members, in the case of 21 a limited liability company, or general partners, in the 22 case of a partnership; 23 (3) a list of all office locations at which the 24 professional design firm provides professional 25 engineering services to the public; and 26 (4) a list of all assumed names of the business. 27 Nothing in this Section shall be construed to exempt a 28 professional design firm, sole proprietorship, or 29 professional service corporation from compliance with the 30 requirements of the Assumed Business Name Act. 31 It is the responsibility of the professional design firm 32 to provide the Department notice, in writing, of any changes 33 in the information requested on the application. 34 (d) The Department shall issue to each business a SB127 Engrossed -22- LRB9102230ACtm 1 certificate of registration to practice professional 2 engineering or offer the services of its licensees in this 3 State upon submittal of a proper application for registration 4 and payment of fees. The expiration date and renewal period 5 for each registration and renewal procedures shall be 6 established by rule. 7 (e) In the event a managing agent is terminated or 8 terminates his or her status as managing agent of the 9 professional design firm, the managing agent and professional 10 design firm shall notify the Department of this fact in 11 writing, by certified mail, within 10 business days of such 12 termination. Thereafter, the professional design firm, if it 13 has so informed the Department, shall have 30 days in which 14 to notify the Department of the name and license number of a 15 newly designated managing agent. If a corporation, the 16 corporation shall also submit a certified copy of a 17 resolution by the board of directors designating the new 18 managing agent. If a limited liability company, the company 19 shall also submit a certified copy of either its articles of 20 organization or operating agreement designating the new 21 managing agent. The Department may, upon good cause shown, 22 extend the original 30 day period. 23 If the professional design firm has not notified the 24 Department in writing, by certified mail within the specified 25 time, the registration shall be terminated without prior 26 hearing. Notification of termination shall be sent by 27 certified mail to the last known address of the business. If 28 the professional design firm continues to operate and offer 29 professional engineering services after the termination, the 30 Department may seek prosecution under Sections 24, 39, and 40 31 of this Act for the unlicensed practice of professional 32 engineering. 33 (f) No professional design firm shall be relieved of 34 responsibility for the conduct or acts of its agent, SB127 Engrossed -23- LRB9102230ACtm 1 employees, members, managers, or officers by reason of its 2 compliance with this Section, nor shall any individual 3 practicing professional engineering be relieved of the 4 responsibility for professional services performed by reason 5 of the individual's employment or relationship with a 6 professional design firm registered under this Section. 7 (g) Disciplinary action against a professional design 8 firm registered under this Section shall be administered in 9 the same manner and on the same grounds as disciplinary 10 action against a licensed professional engineer. All 11 disciplinary action taken or pending against a corporation or 12 partnership before the effective date of this amendatory Act 13 of 1993 shall be continued or remain in effect without the 14 Department filing separate actions. 15 (Source: P.A. 88-428; 89-594, eff. 8-1-96.) 16 (225 ILCS 325/24) (from Ch. 111, par. 5224) 17 Sec. 24. Rules of professional conduct; Disciplinary 18 action. 19 (a) The Department shall adopt rules setting standards 20 of professional conduct and establish appropriate penalty for 21 the breach of such rules. The Department may, singularly or 22 in combination, refuse to issue, restore, or renew a license 23 or registration, revoke or suspend a license or registration, 24 or place on probation, reprimand, or impose a civil penalty 25 not to exceed $10,000 upon any person, corporation, 26 partnership, or professional design firm licensed or 27 registered under this Act for any one or combination of the 28 following: 29 (1) Material misstatement in furnishing information 30 to the Department. 31 (2) Failure to comply with any provisions of this 32 Act or any of its rules. 33 (3) Conviction of any crime under the laws of the SB127 Engrossed -24- LRB9102230ACtm 1 United States, or any state or territory thereof, which 2 is a felony, whether related to practice or not, or 3 conviction of any crime, whether a felony, misdemeanor, 4 or otherwise, an essential element of which is dishonesty 5 or which is directly related to the practice of 6 engineering. 7 (4) Making any misrepresentation for the purpose of 8 obtaining licensure, or in applying for restoration or 9 renewal; or practice of any fraud or deceit in taking any 10 examination to qualify for licensure under this Act. 11 (5) Purposefully making false statements or signing 12 false statements, certificates, or affidavits to induce 13 payment. 14 (6) Negligence, incompetence or misconduct in the 15 practice of professional engineering as a licensed 16 professional engineer or in working as an engineer 17 intern. 18 (7) Aiding or assisting another person in violating 19 any provision of this Act or its rules. 20 (8) Failing to provide information in response to a 21 written request made by the Department within 30 days 22 after receipt of such written request. 23 (9) Engaging in dishonorable, unethical or 24 unprofessional conduct of a character likely to deceive, 25 defraud or harm the public. 26 (10) Habitual intoxication or addiction to the use 27 of drugs. 28 (11) Discipline by the United States Government, 29 another state, District of Columbia, territory, foreign 30 nation or government agency, if at least one of the 31 grounds for the discipline is the same or substantially 32 equivalent to those set forth in this Act. 33 (12) Directly or indirectly giving to or receiving 34 from any person, firm, corporation, partnership or SB127 Engrossed -25- LRB9102230ACtm 1 association any fee, commission, rebate or other form of 2 compensation for any professional services not actually 3 or personally rendered. 4 (13) A finding by the Board that an applicant ora5 registrant has failed to pay a fine imposed by the 6 Department, a registrant whose license has been placed on 7 probationary status has violated the terms of probation, 8 or a registrant has practiced on an expired, inactive, 9 suspended, or revoked license. 10 (14) Signing, affixing the professional engineer's 11 seal or permitting the professional engineer's seal to be 12 affixed to any technical submissions not prepared as 13 required by Section 14 or completely reviewed by the 14 professional engineer or under the professional 15 engineer's direct supervision. 16 (15) Physical illness, including but not limited to 17 deterioration through the aging process or loss of motor 18 skill, which results in the inability to practice the 19 profession with reasonable judgment, skill or safety. 20 (16) The making of a statement pursuant to the 21 Environmental Barriers Act that a plan for construction 22 or alteration of a public facility or for construction of 23 a multi-story housing unit is in compliance with the 24 Environmental Barriers Act when such plan is not in 25 compliance. 26 (17) Failing to file a return, or to pay the tax, 27 penalty or interest shown in a filed return, or to pay 28 any final assessment of tax, penalty or interest as 29 required by a tax Act administered by the Illinois 30 Department of Revenue, until such time as the 31 requirements of any such tax Act are satisfied. 32 (a-5) In enforcing this Section, the Board upon a 33 showing of a possible violation may compel a person licensed 34 to practice under this Act, or who has applied for licensure SB127 Engrossed -26- LRB9102230ACtm 1 or certification pursuant to this Act, to submit to a mental 2 or physical examination, or both, as required by and at the 3 expense of the Department. The examining physicians shall be 4 those specifically designated by the Board. The Board or the 5 Department may order the examining physician to present 6 testimony concerning this mental or physical examination of 7 the licensee or applicant. No information shall be excluded 8 by reason of any common law or statutory privilege relating 9 to communications between the licensee or applicant and the 10 examining physician. The person to be examined may have, at 11 his or her own expense, another physician of his or her 12 choice present during all aspects of the examination. 13 Failure of any person to submit to a mental or physical 14 examination, when directed, shall be grounds for suspension 15 of a license until the person submits to the examination if 16 the Board finds, after notice and hearing, that the refusal 17 to submit to the examination was without reasonable cause. 18 If the Board finds a person unable to practice because of 19 the reasons set forth in this Section, the Board may require 20 that person to submit to care, counseling, or treatment by 21 physicians approved or designated by the Board as a 22 condition, term, or restriction for continued, reinstated, or 23 renewed licensure to practice; or, in lieu of care, 24 counseling, or treatment, the Board may recommend to the 25 Department to file a complaint to immediately suspend, 26 revoke, or otherwise discipline the license of the person. 27 Any person whose license was granted, continued, reinstated, 28 renewed, disciplined, or supervised subject to such terms, 29 conditions, or restrictions and who fails to comply with such 30 terms, conditions, or restrictions shall be referred to the 31 Director for a determination as to whether the person shall 32 have his or her license suspended immediately, pending a 33 hearing by the Board. 34 (b) The determination by a circuit court that a SB127 Engrossed -27- LRB9102230ACtm 1 registrant is subject to involuntary admission or judicial 2 admission as provided in the Mental Health and Developmental 3 Disabilities Code, as now or hereafter amended, operates as 4 an automatic suspension. Such suspension will end only upon 5 a finding by a court that the patient is no longer subject to 6 involuntary admission or judicial admission, the issuance of 7 an order so finding and discharging the patient, and the 8 recommendation of the Board to the Director that the 9 registrant be allowed to resume practice. 10 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61, 11 eff. 6-30-95.) 12 (225 ILCS 325/44) (from Ch. 111, par. 5244) 13 Sec. 44. Fund; appropriations; investments; audits. 14 Moneys deposited in the Design Professionals Administration 15 and Investigation Fund shall be appropriated to the 16 Department exclusively for expenses of the Department and the 17 Board in the administration of this Act, the Illinois 18 Professional Land Surveyor Act of 1989, the Illinois 19 Architecture Practice Act, and the Structural Engineering 20 Licensing Act of 1989. The expenses of the Department under 21 this Act shall be limited to the ordinary and contingent 22 expenses of the Design Professionals Dedicated Employees 23 within the Department as established under Section 62.1 of 24 the Civil Administrative Code of Illinois and other expenses 25 related to the administration and enforcement of this Act. 26 Moneys from the Fund may also be used for direct and 27 allocable indirect costs related to the public purposes of 28 the Department of Professional Regulation. Moneys in the 29 Fund may be transferred to the Professions Indirect Cost Fund 30 as authorized by Section 61e of the Civil Administrative Code 31 of Illinois. 32 Moneys in the Design Professionals Administration and 33 Investigation Fund may be invested and reinvested with all SB127 Engrossed -28- LRB9102230ACtm 1 earnings received from the investments to be deposited in the 2 Design Professionals Administration and Investigation Fund 3 and used for the same purposes as fees deposited in the Fund. 4 All fines and penalties under Section 24,andSection 39, 5 Section 42, and Section 43 shall be deposited in the Design 6 Professionals Administration and Investigation Fund. 7 Upon the completion of any audit of the Department as 8 prescribed by the Illinois State Auditing Act that audit 9 includes an audit of the Design Professionals Administration 10 and Investigation Fund, the Department shall make the audit 11 report open to inspection by any interested person. The copy 12 of the audit report required to be submitted to the 13 Department by this Section is in addition to copies of audit 14 reports required to be submitted to other State officers and 15 agencies by Section 3-14 of the Illinois State Auditing Act. 16 (Source: P.A. 89-204, eff. 1-1-96.) 17 Section 99. Effective date. This Act takes effect 18 January 1, 2000, except that Section 5 takes effect upon 19 becoming law.