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91_SB0127sam001
LRB9102230ACcdam02
1 AMENDMENT TO SENATE BILL 127
2 AMENDMENT NO. . Amend Senate Bill 127 by replacing
3 the title with the following:
4 "AN ACT concerning professional engineers."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Regulatory Sunset Act is amended by
8 changing Section 4.10 and adding Section 4.20 as follows:
9 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
10 Sec. 4.10. The following Acts are repealed December 31,
11 1999:
12 The Fire Equipment Distributor and Employee Regulation
13 Act.
14 The Professional Engineering Practice Act of 1989.
15 The Structural Engineering Licensing Act of 1989.
16 The Illinois Architecture Practice Act of 1989.
17 The Illinois Landscape Architecture Act of 1989.
18 The Illinois Professional Land Surveyor Act of 1989.
19 The Land Sales Registration Act of 1989.
20 The Real Estate License Act of 1983.
21 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
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1 86-1007; 86-1028.)
2 (5 ILCS 80/4.20 new)
3 Sec. 4.20. Act repealed on January 1, 2010. The
4 following Act is repealed on January 1, 2010:
5 The Professional Engineering Practice Act of 1989.
6 Section 10. The Professional Engineering Practice Act of
7 1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 12,
8 14, 15, 20, 23, 24, and 44 and by adding Section 17.5 as
9 follows:
10 (225 ILCS 325/4) (from Ch. 111, par. 5204)
11 Sec. 4. Definitions. As used in this Act:
12 (a) "Approved engineering curriculum" means an
13 engineering curriculum of 4 academic years or more which
14 meets the standards established by the rules of the
15 Department.
16 (b) "Board" means the State Board of Professional
17 Engineers of the Department of Professional Regulation,
18 previously known as the Examining Committee.
19 (c) "Department" means the Department of Professional
20 Regulation.
21 (d) "Design professional" means an architect, structural
22 engineer or professional engineer practicing in conformance
23 with the Illinois Architecture Practice Act of 1989, the
24 Structural Engineering Licensing Act of 1989 or the
25 Professional Engineering Practice Act of 1989.
26 (e) "Director" means the Director of Professional
27 Regulation.
28 (f) "Direct supervision/responsible charge" means work
29 prepared under the control of a licensed professional
30 engineer or that work as to which that professional engineer
31 has detailed professional knowledge.
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1 (g) "Engineering college" means a school, college,
2 university, department of a university or other educational
3 institution, reputable and in good standing in accordance
4 with rules prescribed by the Department, and which grants
5 baccalaureate degrees in engineering.
6 (h) "Engineering system or facility" means a system or
7 facility whose design is based upon the application of the
8 principles of science for the purpose of modification of
9 natural states of being.
10 (i) "Engineer intern" means a person who is a candidate
11 for licensure as a professional engineer and who has been
12 enrolled as an engineer intern.
13 (j) "Enrollment" means an action by the Department to
14 record those individuals who have met the Board's
15 requirements for an engineer intern.
16 (k) "License" means an official document issued by the
17 Department to an individual, a corporation, or a partnership,
18 a professional service corporation, a limited liability
19 company, or a sole proprietorship, signifying authority to
20 practice.
21 (l) "Negligence in the practice of professional
22 engineering" means the failure to exercise that degree of
23 reasonable professional skill, judgment and diligence
24 normally rendered by professional engineers in the practice
25 of professional engineering.
26 (m) "Professional engineer" means a person licensed
27 under the laws of the State of Illinois to practice
28 professional engineering.
29 (n) "Professional engineering" means the application of
30 science to the design of engineering systems and facilities
31 using the knowledge, skills, ability and professional
32 judgment developed through professional engineering
33 education, training and experience.
34 (o) "Professional engineering practice" means the
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1 consultation on, conception, investigation, evaluation,
2 planning, and design of, and selection of materials and
3 methods to be used in, administration of construction
4 contracts for, or site observation of an engineering system
5 or facility, where such consultation, conception,
6 investigation, evaluation, planning, design, selection,
7 administration, or observation requires extensive knowledge
8 of engineering laws, formulae, materials, practice, and
9 construction methods. A person shall be construed to
10 practice or offer to practice professional engineering,
11 within the meaning and intent of this Act, who practices, or
12 who, by verbal claim, sign, advertisement, letterhead, card,
13 or any other way, is represented to be a professional
14 engineer, or through the use of the initials "P.E." or the
15 title "engineer" or any of its derivations or some other
16 title implies licensure as a professional engineer, or holds
17 himself out as able to perform any service which is
18 recognized as professional engineering practice.
19 Examples of the practice of professional engineering
20 include, but need not be limited to, transportation
21 facilities and publicly owned utilities for a region or
22 community, railroads, railways, highways, subways, canals,
23 harbors, river improvements; irrigation works; aircraft,
24 airports and landing fields; waterworks, piping systems and
25 appurtenances, sewers, sewage disposal works; plants for the
26 generation of power; devices for the utilization of power;
27 boilers; refrigeration plants, air conditioning systems and
28 plants; heating systems and plants; plants for the
29 transmission or distribution of power; electrical plants
30 which produce, transmit, distribute, or utilize electrical
31 energy; works for the extraction of minerals from the earth;
32 plants for the refining, alloying or treating of metals;
33 chemical works and industrial plants involving the use of
34 chemicals and chemical processes; plants for the production,
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1 conversion, or utilization of nuclear, chemical, or radiant
2 energy; forensic engineering, geotechnical engineering
3 including, subsurface investigations; soil classification,
4 geology and geohydrology, incidental to the practice of
5 professional engineering; energy analysis, environmental
6 design, hazardous waste mitigation and control; recognition,
7 measurement, evaluation and control of environmental systems
8 and emissions; automated building management systems; or the
9 provision of professional engineering site observation of the
10 construction of works and engineering systems. Nothing
11 contained in this Section imposes upon a person licensed
12 under this Act the responsibility for the performance of any
13 of the foregoing functions unless such person specifically
14 contracts to provide it.
15 (p) "Project representative" means the professional
16 engineer's representative at the project site who assists in
17 the administration of the construction contract.
18 (q) "Registered" means the same as "licensed" for
19 purposes of this Act.
20 (r) "Related science curriculum" means a 4 year program
21 of study, the satisfactory completion of which results in a
22 Bachelor of Science degree, and which contains courses from
23 such areas as life, earth, engineering and computer sciences,
24 including but not limited to, physics and chemistry. In the
25 study of these sciences, the objective is to acquire
26 fundamental knowledge about the nature of its phenomena,
27 including quantitative expression, appropriate to particular
28 fields of engineering.
29 (s) "Rules" means those rules promulgated pursuant to
30 this Act.
31 (t) "Seal" means the seal in compliance with Section 14
32 of this Act.
33 (u) "Site observation" is visitation of the construction
34 site for the purpose of reviewing, as available, the quality
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1 and conformance of the work to the technical submissions as
2 they relate to design.
3 (v) "Support design professional" means a professional
4 engineer practicing in conformance with the Professional
5 Engineering Practice Act of 1989, who provides services to
6 the design professional who has contract responsibility.
7 (w) "Technical submissions" means designs, drawings, and
8 specifications which establish the standard of quality for
9 materials, workmanship, equipment, and the construction
10 systems, studies, and other technical reports prepared in the
11 course of a design professional's practice.
12 (Source: P.A. 88-372.)
13 (225 ILCS 325/5) (from Ch. 111, par. 5205)
14 Sec. 5. Powers and duties of the Department. Subject to
15 the provisions of this Act, the Department shall exercise the
16 following functions, powers and duties:
17 (a) To pass upon the qualifications and conduct
18 examinations of applicants for licensure as professional
19 engineers or enrollment as engineer interns and pass upon the
20 qualifications of applicants by endorsement and issue a
21 license or enrollment to those who are found to be fit and
22 qualified;
23 (b) To prescribe rules for the method, conduct and
24 grading of the examination of applicants;
25 (c) To license corporations, and partnerships,
26 professional service corporations, limited liability
27 companies, and sole proprietorships for the practice of
28 professional engineering and issue a license to those who
29 qualify;
30 (d) To conduct investigations and hearings regarding
31 violations of this Act and take disciplinary or other actions
32 as provided in this Act as a result of the proceedings;
33 (e) To prescribe rules as to what shall constitute an
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1 engineering or related science curriculum and to determine if
2 a specific engineering curriculum is in compliance with the
3 rules, and to terminate the approval of a specific
4 engineering curriculum for non-compliance with such rules;
5 (f) To promulgate rules required for the administration
6 of this Act, including rules of professional conduct;
7 (g) To maintain membership in the National Council of
8 Examiners for Engineering and Surveying and participate in
9 activities of the Council by designation of individuals for
10 the various classifications of membership, the appointment of
11 delegates for attendance at zone and national meetings of the
12 Council, and the funding of the delegates for attendance at
13 the meetings of the Council; and
14 (h) To obtain written recommendations from the Board
15 regarding qualifications of individuals for licensure and
16 enrollment, definitions of curriculum content and approval of
17 engineering curricula, standards of professional conduct and
18 formal disciplinary actions, and the promulgation of the
19 rules affecting these matters.
20 Prior to issuance of any final decision or order that
21 deviates from any report or recommendations of the Board
22 relating to the qualification of applicants, discipline of
23 licensees or registrants, or promulgation of rules, the
24 Director shall notify the Board in writing with an
25 explanation of any such deviation and provide a reasonable
26 time for the Board to submit written comments to the Director
27 regarding the proposed action. In the event that the Board
28 fails or declines to submit such written comments within 30
29 days of said notification, the Director may issue a final
30 decision or orders consistent with the Director's original
31 decision. The Department may at any time seek the expert
32 advice and knowledge of the Board on any matter relating to
33 the enforcement of this Act.
34 None of the functions, powers or duties enumerated in
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1 this Section shall be exercised by the Department except upon
2 the action and report in writing of the Board.
3 (Source: P.A. 89-61, eff. 6-30-95.)
4 (225 ILCS 325/6) (from Ch. 111, par. 5206)
5 Sec. 6. Composition, qualifications and terms of the
6 Board. (a) The Board shall be appointed by the Director and
7 shall consist of 10 members, one of whom shall be a public
8 member and 9 of whom shall be professional engineers licensed
9 under this Act. In addition each member who is a
10 professional engineer shall:
11 (1) be a citizen of the United States, and
12 (2) be a resident of this State.
13 (b) In addition, each member who is a professional
14 engineer shall:
15 (1) have not less than 12 years of experience in the
16 practice of professional engineering, and shall hold an
17 active license as a professional engineer in Illinois;
18 (2) have been in charge of professional engineering work
19 for at least 5 years. For the purposes of this Section, any
20 period in which a person has been in charge of teaching
21 engineering in an engineering college with the rank of
22 assistant professor or higher shall be considered as time in
23 which such person was in charge of professional engineering
24 work.
25 The terms for all members shall be for 5 years. On the
26 expiration of the term of any member or in the event of a
27 vacancy, the Director shall appoint a member who shall hold
28 office until the expiration of the term for which the member
29 is appointed and until a successor has been appointed and
30 qualified.
31 No member shall be reappointed to the Board for a term
32 which would cause that individual's continuous service on the
33 Board to be longer than 15 successive years.
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1 In implementing the 5 year terms, the Director shall vary
2 the terms to enable the Board to have no more than 2 terms
3 expire in any one year.
4 The public member shall not be an employee of the State
5 of Illinois. The public member shall be an Illinois resident
6 and a citizen of the United States.
7 In making appointments to the Board, the Director shall
8 give due consideration to recommendations by members of the
9 profession and by organizations therein.
10 The Director may remove any member of the Board for
11 misconduct, incompetence, neglect of duty or for reasons
12 prescribed by law for removal of State officials.
13 The Director may remove a member of the Board who does
14 not attend 2 consecutive meetings. An appointment to fill a
15 vacancy thus created shall be to fill the unexpired term of
16 office and shall be in accordance with this Section.
17 A quorum of the Board shall consist of not less than 6
18 members. a majority of Board members appointed. Majority
19 vote of the quorum is required for Board decisions.
20 Each member of the Board shall receive compensation when
21 attending Board meetings or meetings approved by the Director
22 and shall be reimbursed for all actual traveling expenses.
23 Members of the Board shall be immune from suit in any
24 action based upon any disciplinary proceedings or other
25 activities performed in good faith as members of the Board.
26 Persons holding office as members of the Board
27 immediately prior to the effective date of this Act under the
28 Act repealed herein shall continue as members of the Board
29 until the expiration of the term for which they were
30 appointed and until their successors are appointed and
31 qualified.
32 (Source: P.A. 86-667.)
33 (225 ILCS 325/7) (from Ch. 111, par. 5207)
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1 Sec. 7. Powers and duties of the Board. Subject to the
2 provisions of this Act, the Board shall exercise the
3 following functions, powers and duties:
4 (a) Review education and experience qualifications
5 of applicants, including conducting oral interviews as
6 deemed necessary by the Board, to determine eligibility
7 as an engineer intern or professional engineer and submit
8 to the Director written recommendations on applicant
9 qualifications for enrollment and licensure;
10 (b) The Board may appoint a subcommittee to serve
11 as a Complaint Committee to recommend the disposition of
12 case files according to procedures established by rule;
13 (c) Conduct hearings regarding disciplinary actions
14 and submit a written report and recommendations to the
15 Director as required by this Act and to provide a Board
16 member at informal conferences;
17 (d) Make visits to universities or colleges to
18 evaluate engineering curricula or to otherwise evaluate
19 engineering curricula and submit to the Director a
20 written recommendation of acceptability of a curriculum;
21 (e) Submit a written recommendation to the Director
22 concerning promulgation of rules as required in Section 5
23 and to recommend to the Director any rules or amendments
24 thereto for the administration of this Act;
25 (f) Hold at least 3 regular meetings each year; and
26 .
30 (h) Submit written comments to the Director within
31 30 days from notification of any final decision or order
32 from the Director that deviates from any report or
33 recommendation of the Board relating to the qualification
34 of applicants, discipline of licensees or registrants, or
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1 promulgation of rules.
2 Prior to issuance of any final decision or order which
3 deviates from any report or recommendation of the Board
4 relating to the qualification of applicants, discipline of
5 licensees or registrants, or promulgation of rules, the
6 Director shall notify the Board and the Secretary of State in
7 writing with an explanation of any such deviation and provide
8 a reasonable time for the Board to submit written comments to
9 the Director regarding the proposed action. In the event
10 that the Board fails or declines to submit such written
11 comments within 30 days of said notification, the Director
12 may issue a final decision or order consistent with the
13 Director's original decision. The Department may at any time
14 seek the expert advice and knowledge of the Board on any
15 matter relating to the enforcement of this Act.
16 (Source: P.A. 88-428.)
17 (225 ILCS 325/8) (from Ch. 111, par. 5208)
18 Sec. 8. Applications for licensure. (a) Applications
19 for licensure shall (1) be on forms prescribed and furnished
20 by the Department, (2) contain statements made under oath
21 showing the applicant's education and a detailed summary of
22 the applicant's technical work, and (3) contain references as
23 required by the Department.
24 (b) Applicants shall have obtained the education and
25 experience as required in Section 10 or Section 11 prior to
26 submittal of application for examination, except as provided
27 in subsection (b) of Section 11. Allowable experience shall
28 commence at the date of the baccalaureate degree, except:
29 (1) Credit for one year of experience shall be given for
30 a graduate of a baccalaureate curriculum providing a
31 cooperative program, which is supervised industrial or field
32 experience of at least one academic calendar year which
33 alternates with periods of full-time academic training, when
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1 such program is certified by the university, or
2 (2) Credit shall be given for professional engineering
3 experience as defined by rule for employment prior to receipt
4 of a baccalaureate degree if the employment is full-time
5 while the applicant takes 8 or more years (16 semesters or 24
6 quarters minimum) as a part-time student to earn the degree
7 concurrent with the employment.
8 The Board may conduct oral interviews of any applicant
9 under Sections 10, 11 or 19 to assist in the evaluation of
10 the qualifications of the applicant.
11 It is the responsibility of the applicant to supplement
12 the application, when requested by the Board, by provision of
13 additional documentation of education, including transcripts,
14 course content and credentials of the engineering college or
15 college granting related science degrees, or of work
16 experience to permit the Board to determine the
17 qualifications of the applicant. The Department may require
18 an applicant, at the applicant's expense, to have an
19 evaluation of the applicant's education in a foreign country
20 by a nationally recognized educational body approved by the
21 Board in accordance with rules prescribed by the Department.
22 An applicant who graduated from an engineering program
23 outside the United States or its territories and whose first
24 language is not English shall submit certification of passage
25 of the Test of English as a Foreign Language (TOEFL) and the
26 Test of Spoken English (TSE) as defined by rule before taking
27 the licensure examination.
28 (Source: P.A. 89-61, eff. 6-30-95.)
29 (225 ILCS 325/10) (from Ch. 111, par. 5210)
30 Sec. 10. Minimum standards for examination for licensure
31 as professional engineer. To qualify for licensure as a
32 professional engineer each applicant shall be:
33 (a) A graduate of an approved engineering curriculum of
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1 at least 4 years who submits acceptable evidence to the Board
2 of an additional 4 years or more of experience in engineering
3 work of a grade and character which indicate that the
4 individual may be competent to practice professional
5 engineering, and who then passes a nominal 8-hour written
6 examination in the fundamentals of engineering, and a nominal
7 8-hour written examination in the principles and practice of
8 engineering. Upon passing both examinations, the applicant,
9 if otherwise qualified, shall be granted a license to
10 practice professional engineering in this State; or
11 (b) A graduate of a non-approved engineering curriculum
12 or a related science curriculum of at least 4 years and
13 meeting the requirements as set forth by rule, who submits
14 acceptable evidence to the Board of an additional 8 years or
15 more of experience in engineering work of a grade and
16 character which indicate that the individual may be competent
17 to practice professional engineering, and who then passes a
18 nominal 8-hour written examination in the fundamentals of
19 engineering and a nominal 8-hour written examination in the
20 principles and practice of engineering. Upon passing both
21 examinations, the applicant, if otherwise qualified, shall be
22 granted a license to practice professional engineering in
23 this State; or
24 (c) An engineer intern who meets the education and
25 experience qualifications of subsection (a) or (b) of this
26 Section and has passed the nominal 8-hour written examination
27 in the fundamentals of engineering, by application and
28 payment of the required fee, may then take the nominal 8-hour
29 written examination in the principles and practice of
30 engineering. Upon passing that examination, the applicant,
31 if otherwise qualified, shall be granted a license to
32 practice professional engineering in this State.
33 (d) When considering an applicant's qualifications for
34 licensure under this Act, the Department may take into
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1 consideration whether an applicant has engaged in conduct or
2 actions that would constitute a violation of the Standards of
3 Professional Conduct for this Act as provided for by
4 administrative rules.
5 (Source: P.A. 89-61, eff. 6-30-95.)
6 (225 ILCS 325/12) (from Ch. 111, par. 5212)
7 Sec. 12. Educational credits or teaching as equivalent
8 of experience. (a) After earning an acceptable baccalaureate
9 degree as required by subsection (a) or (b) of Section 10
10 in engineering or related science and upon completion of a
11 Master's degree in engineering, the applicant may receive one
12 year of experience credit. Upon completion of a Ph.D. in
13 engineering, an applicant may receive an additional year
14 experience credit for a maximum of 2 years.
15 (b) Teaching engineering subjects in an engineering
16 college is considered experience in engineering.
17 (c) (Blank). For an individual applying for licensure as
18 a professional engineer under subsection (a) or (b) of
19 Section 10, the examination for the fundamentals of
20 engineering shall be waived, if application is made before
21 January 1, 1994, for those individuals who have:
22 (1) a doctoral degree from an approved graduate
23 engineering program, and
24 (2) demonstrated, in accordance with standards set by
25 rule, a broad knowledge of the fundamentals of engineering,
26 by course work gained either in a baccalaureate, masters, or
27 doctoral program.
28 (Source: P.A. 86-667.)
29 (225 ILCS 325/14) (from Ch. 111, par. 5214)
30 Sec. 14. Seal. Every professional engineer shall have a
31 seal or stamp, the print impression of which shall be
32 reproducible and contain the name of the professional
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1 engineer, the professional engineer's license number, and the
2 words "Licensed Registered Professional Engineer of
3 Illinois". Any reproducible seal or stamp heretofore
4 authorized under the laws of this state for use by a
5 professional engineer, including those with the words
6 "Registered Professional Engineer of Illinois", shall serve
7 the same purpose as the seal provided for by this Act. When
8 technical submissions are prepared utilizing a computer or
9 other electronic means, the seal may be generated by the
10 computer. Signatures generated by computer shall not be
11 permitted.
12 The professional engineer who has contract responsibility
13 shall seal a cover sheet of the technical submissions, and
14 those individual portions of the technical submissions for
15 which the professional engineer is legally and professionally
16 responsible. The professional engineer practicing as the
17 support design professional shall seal those individual
18 portions of technical submissions for which the professional
19 engineer is legally and professionally responsible.
20 The use of a professional engineer's seal on technical
21 submissions constitutes a representation by the professional
22 engineer that the work has been prepared by or under the
23 personal supervision of the professional engineer or
24 developed in conjunction with the use of accepted engineering
25 standards. The use of the seal further represents that the
26 work has been prepared and administered in accordance with
27 the standards of reasonable professional skill and diligence.
28 It is unlawful to affix one's seal to technical
29 submissions if it masks the true identity of the person who
30 actually exercised direction, control and supervision of the
31 preparation of such work. A professional engineer who seals
32 and signs technical submissions is not responsible for damage
33 caused by subsequent changes to or uses of those technical
34 submissions, where the subsequent changes or uses, including
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1 changes or uses made by State or local governmental agencies,
2 are not authorized or approved by the professional engineer
3 who originally sealed and signed the technical submissions.
4 (Source: P.A. 88-372.)
5 (225 ILCS 325/15) (from Ch. 111, par. 5215)
6 Sec. 15. Technical submissions. All technical
7 submissions prepared by or under the personal supervision of
8 a professional engineer shall bear that professional
9 engineer's seal, signature, and license expiration date. The
10 licensee's written signature and date of signing, along with
11 the date of license expiration, shall be placed adjacent to
12 the seal. Computer generated signatures are not permitted.
13 All technical submissions intended for use in
14 construction in the State of Illinois shall be prepared and
15 administered in accordance with standards of reasonable
16 professional skill and diligence. Care shall be taken to
17 reflect the requirements of State statutes and, where
18 applicable, county and municipal ordinances in such
19 documents. In recognition that professional engineers are
20 licensed for the protection of the public health, safety and
21 welfare, documents shall be of such quality and scope, and be
22 so administered as to conform to professional standards.
23 (Source: P.A. 89-61, eff. 6-30-95.)
24 (225 ILCS 325/17.5 new)
25 Sec. 17.5. Continuing education. The Department may
26 promulgate rules of continuing education for persons licensed
27 under this Act. The Department shall consider the
28 recommendations of the Board in establishing the guidelines
29 for the continuing education requirements. The requirements
30 of this Section apply to any person seeking renewal or
31 restoration under Section 17 or 18 of this Act.
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1 (225 ILCS 325/20) (from Ch. 111, par. 5220)
2 Sec. 20. Fees.
3 (a) The Department shall provide by rule for a schedule
4 of fees be paid for licenses by all applicants. All fees are
5 not refundable.
6 (b) The fees for the administration and enforcement of
7 this Act, including but not limited to original licensure,
8 renewal, and restoration, shall be set by rule by the
9 Department. The following fees are not refundable:
10 (a) Certificate of engineer intern.
11 (1) The fee for application for a certificate of
12 enrollment is $20.
13 (2) In addition, applicants for any examination
14 shall be required to pay, either to the Department or to
15 the designated testing service, a fee covering the cost
16 of providing the examination. Failure to appear for the
17 examination on the scheduled date, at the time and place
18 specified, after the applicant's application for each
19 examination has been received and acknowledged by the
20 Department or the designated testing service, shall
21 result in the forfeiture of the examination fee.
22 (b) Certificate of professional engineer.
23 (1) The fee for application for a license by
24 examination is $100.
25 (2) In addition, applicants for any examination
26 shall be required to pay, either to the Department or to
27 the designated testing service, a fee covering the cost
28 of providing the examination. Failure to appear for the
29 examination on the scheduled date, at the time and place
30 specified, after the applicant's application for each
31 examination has been received and acknowledged by the
32 Department or the designated testing service, shall
33 result in the forfeiture of the examination fee.
34 (3) The fee for application for a license by
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1 endorsement for a professional engineer registered or
2 licensed under the laws of another state or territory of
3 the United States or of a foreign country or province is
4 $100.
5 (4) The biennial fee for the renewal of a license
6 shall be $60.
7 (5) The fee for application for the restoration of
8 a license other than from inactive status is $10 plus
9 payment of all lapsed renewal fees.
10 (c) Professional design firm registration fees.
11 (1) The fee for application for a certificate of
12 registration as a professional design firm is $75.
13 (2) The biennial fee for renewal of a certificate
14 of registration as a professional design firm shall be
15 $75.
16 (d) General fees.
17 (1) The fee for the issuance of a duplicate
18 license, for the issuance of a replacement license for a
19 license which has been lost or destroyed or for the
20 issuance of a license with a change of name or address
21 other than during the renewal period is $20. No fee is
22 required for name and address changes on Department
23 records when no duplicate license is issued.
24 (2) The fee for a certification of a registrant's
25 record for any purpose is $20.
26 (3) The fee for retabulating the numerical score of
27 an examination is the cost to the Department of
28 retabulating the examination, plus any fees charged by
29 the applicable testing service to have the examination
30 retabulated.
31 (4) The fee for a wall certificate showing
32 licensure is the actual cost of producing such a
33 certificate.
34 (5) The fee for a roster of persons licensed as
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1 professional engineers and of professional design firms
2 in this State is the actual cost of producing such a
3 roster.
4 (e) Any person who delivers a check or other payment to
5 the Department that is returned to the Department unpaid by
6 the financial institution upon which it is drawn shall pay to
7 the Department, in addition to the amount already owed to the
8 Department, a fine of $50. If the check or other payment was
9 for a renewal or issuance fee and that person practices
10 without paying the renewal fee or issuance fee and the fine
11 due, an additional fine of $100 shall be imposed. The fines
12 imposed by this Section are in addition to any other
13 discipline provided under this Act for unlicensed practice or
14 practice on a nonrenewed license. The Department shall
15 notify the person that payment of fees and fines shall be
16 paid to the Department by certified check or money order
17 within 30 calendar days of the notification. If, after the
18 expiration of 30 days from the date of the notification, the
19 person has failed to submit the necessary remittance, the
20 Department shall automatically terminate the license or
21 certificate or deny the application, without hearing. If,
22 after termination or denial, the person seeks a license or
23 certificate, he or she shall apply to the Department for
24 restoration or issuance of the license or certificate and pay
25 all fees and fines due to the Department. The Department may
26 establish a fee for the processing of an application for
27 restoration of a license or certificate to pay all expenses
28 of processing this application. The Director may waive the
29 fines due under this Section in individual cases where the
30 Director finds that the fines would be unreasonable or
31 unnecessarily burdensome.
32 (c)(f) Disposition of fees and fines collected. All the
33 fees and fines collected pursuant to this Section shall be
34 deposited in the Design Professionals Administration and
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1 Investigation Fund. Of the moneys deposited into the Design
2 Professionals Administration and Investigation Fund, the
3 Department may use such funds as necessary and available to
4 produce and distribute newsletters to persons licensed under
5 this Act.
6 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
7 eff. 6-30-95; 89-235, eff. 8-4-95.)
8 (225 ILCS 325/23) (from Ch. 111, par. 5223)
9 Sec. 23. Professional design firm registration.
10 (a) Nothing in this Act shall prohibit the formation,
11 under the provisions of the Professional Service Corporation
12 Act, as amended, of a corporation to practice professional
13 engineering.
14 Any business, including a Professional Service
15 Corporation, that not formed under the provisions of the
16 Professional Service Corporation Act and not registered as
17 such with the Department, and which includes within its
18 stated purposes or practices, or holds itself out as
19 available to practice, professional engineering, shall be
20 registered with the Department pursuant to the provisions set
21 forth in this Section.
22 Any sole proprietorship not owned and operated by an
23 Illinois licensed design professional licensed under this Act
24 shall be prohibited from offering professional engineering
25 services to the public. Any sole proprietorship owned and
26 operated by a professional engineer with an active license
27 issued under this Act and conducting or transacting such
28 business under an assumed name in accordance with the
29 provisions of the Assumed Business Name Act shall comply with
30 the registration requirements of a professional design firm.
31 Any sole proprietorship owned and operated by a professional
32 engineer with an active license issued under this Act and
33 conducting or transacting such business under the real name
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1 of the sole proprietor is exempt from the registration
2 requirements of a professional design firm. "Illinois
3 licensed design professional" means a person who holds an
4 active license as a professional engineer under this Act, as
5 an architect under the Illinois Architecture Practice Act of
6 1989, or as a structural engineer under the Structural
7 Engineering Licensing Act of 1989.
8 (b) Any professional design firm seeking to be
9 registered pursuant to the provisions of this Section shall
10 not be registered unless one or more managing agents in
11 charge of professional engineering activities in this State
12 are designated by the professional design firm. Each
13 managing agent must at all times maintain a valid, active
14 license to practice professional engineering in Illinois.
15 No individual whose license to practice professional
16 engineering in this State is currently in a suspended or
17 revoked status shall act as a managing agent for a
18 professional design firm.
19 (c) Any business seeking to be registered under this
20 Section shall make application on a form provided by the
21 Department and shall provide such information as requested by
22 the Department, which shall include, but not be limited to:
23 (1) the name and license number of the person
24 designated as the managing agent in responsible charge of
25 the practice of professional engineering in Illinois. In
26 the case of a corporation, the corporation shall also
27 submit a certified copy of the resolution by the board of
28 directors designating the managing agent. In the case of
29 a limited liability company, the company shall submit a
30 certified copy of either its articles of organization or
31 operating agreement designating the managing agent;
32 (2) the names and license numbers of the directors,
33 in the case of a corporation, the members, in the case of
34 a limited liability company, or general partners, in the
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1 case of a partnership;
2 (3) a list of all office locations at which the
3 professional design firm provides professional
4 engineering services to the public; and
5 (4) a list of all assumed names of the business.
6 Nothing in this Section shall be construed to exempt a
7 professional design firm, sole proprietorship, or
8 professional service corporation from compliance with the
9 requirements of the Assumed Business Name Act.
10 It is the responsibility of the professional design firm
11 to provide the Department notice, in writing, of any changes
12 in the information requested on the application.
13 (d) The Department shall issue to each business a
14 certificate of registration to practice professional
15 engineering or offer the services of its licensees in this
16 State upon submittal of a proper application for registration
17 and payment of fees. The expiration date and renewal period
18 for each registration and renewal procedures shall be
19 established by rule.
20 (e) In the event a managing agent is terminated or
21 terminates his or her status as managing agent of the
22 professional design firm, the managing agent and professional
23 design firm shall notify the Department of this fact in
24 writing, by certified mail, within 10 business days of such
25 termination. Thereafter, the professional design firm, if it
26 has so informed the Department, shall have 30 days in which
27 to notify the Department of the name and license number of a
28 newly designated managing agent. If a corporation, the
29 corporation shall also submit a certified copy of a
30 resolution by the board of directors designating the new
31 managing agent. If a limited liability company, the company
32 shall also submit a certified copy of either its articles of
33 organization or operating agreement designating the new
34 managing agent. The Department may, upon good cause shown,
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1 extend the original 30 day period.
2 If the professional design firm has not notified the
3 Department in writing, by certified mail within the specified
4 time, the registration shall be terminated without prior
5 hearing. Notification of termination shall be sent by
6 certified mail to the last known address of the business. If
7 the professional design firm continues to operate and offer
8 professional engineering services after the termination, the
9 Department may seek prosecution under Sections 24, 39, and 40
10 of this Act for the unlicensed practice of professional
11 engineering.
12 (f) No professional design firm shall be relieved of
13 responsibility for the conduct or acts of its agent,
14 employees, members, managers, or officers by reason of its
15 compliance with this Section, nor shall any individual
16 practicing professional engineering be relieved of the
17 responsibility for professional services performed by reason
18 of the individual's employment or relationship with a
19 professional design firm registered under this Section.
20 (g) Disciplinary action against a professional design
21 firm registered under this Section shall be administered in
22 the same manner and on the same grounds as disciplinary
23 action against a licensed professional engineer. All
24 disciplinary action taken or pending against a corporation or
25 partnership before the effective date of this amendatory Act
26 of 1993 shall be continued or remain in effect without the
27 Department filing separate actions.
28 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
29 (225 ILCS 325/24) (from Ch. 111, par. 5224)
30 Sec. 24. Rules of professional conduct; Disciplinary
31 action.
32 (a) The Department shall adopt rules setting standards
33 of professional conduct and establish appropriate penalty for
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1 the breach of such rules. The Department may, singularly or
2 in combination, refuse to issue, restore, or renew a license
3 or registration, revoke or suspend a license or registration,
4 or place on probation, reprimand, or impose a civil penalty
5 not to exceed $10,000 upon any person, corporation,
6 partnership, or professional design firm licensed or
7 registered under this Act for any one or combination of the
8 following:
9 (1) Material misstatement in furnishing information
10 to the Department.
11 (2) Failure to comply with any provisions of this
12 Act or any of its rules.
13 (3) Conviction of any crime under the laws of the
14 United States, or any state or territory thereof, which
15 is a felony, whether related to practice or not, or
16 conviction of any crime, whether a felony, misdemeanor,
17 or otherwise, an essential element of which is dishonesty
18 or which is directly related to the practice of
19 engineering.
20 (4) Making any misrepresentation for the purpose of
21 obtaining licensure, or in applying for restoration or
22 renewal; or practice of any fraud or deceit in taking any
23 examination to qualify for licensure under this Act.
24 (5) Purposefully making false statements or signing
25 false statements, certificates, or affidavits to induce
26 payment.
27 (6) Negligence, incompetence or misconduct in the
28 practice of professional engineering as a licensed
29 professional engineer or in working as an engineer
30 intern.
31 (7) Aiding or assisting another person in violating
32 any provision of this Act or its rules.
33 (8) Failing to provide information in response to a
34 written request made by the Department within 30 days
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1 after receipt of such written request.
2 (9) Engaging in dishonorable, unethical or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public.
5 (10) Habitual intoxication or addiction to the use
6 of drugs.
7 (11) Discipline by the United States Government,
8 another state, District of Columbia, territory, foreign
9 nation or government agency, if at least one of the
10 grounds for the discipline is the same or substantially
11 equivalent to those set forth in this Act.
12 (12) Directly or indirectly giving to or receiving
13 from any person, firm, corporation, partnership or
14 association any fee, commission, rebate or other form of
15 compensation for any professional services not actually
16 or personally rendered.
17 (13) A finding by the Board that an applicant or a
18 registrant has failed to pay a fine imposed by the
19 Department, a registrant whose license has been placed on
20 probationary status has violated the terms of probation,
21 or a registrant has practiced on an expired, inactive,
22 suspended, or revoked license.
23 (14) Signing, affixing the professional engineer's
24 seal or permitting the professional engineer's seal to be
25 affixed to any technical submissions not prepared as
26 required by Section 14 or completely reviewed by the
27 professional engineer or under the professional
28 engineer's direct supervision.
29 (15) Physical illness, including but not limited to
30 deterioration through the aging process or loss of motor
31 skill, which results in the inability to practice the
32 profession with reasonable judgment, skill or safety.
33 (16) The making of a statement pursuant to the
34 Environmental Barriers Act that a plan for construction
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1 or alteration of a public facility or for construction of
2 a multi-story housing unit is in compliance with the
3 Environmental Barriers Act when such plan is not in
4 compliance.
5 (17) Failing to file a return, or to pay the tax,
6 penalty or interest shown in a filed return, or to pay
7 any final assessment of tax, penalty or interest as
8 required by a tax Act administered by the Illinois
9 Department of Revenue, until such time as the
10 requirements of any such tax Act are satisfied.
11 (a-5) In enforcing this Section, the Board upon a
12 showing of a possible violation may compel a person licensed
13 to practice under this Act, or who has applied for licensure
14 or certification pursuant to this Act, to submit to a mental
15 or physical examination, or both, as required by and at the
16 expense of the Department. The examining physicians shall be
17 those specifically designated by the Board. The Board or the
18 Department may order the examining physician to present
19 testimony concerning this mental or physical examination of
20 the licensee or applicant. No information shall be excluded
21 by reason of any common law or statutory privilege relating
22 to communications between the licensee or applicant and the
23 examining physician. The person to be examined may have, at
24 his or her own expense, another physician of his or her
25 choice present during all aspects of the examination.
26 Failure of any person to submit to a mental or physical
27 examination, when directed, shall be grounds for suspension
28 of a license until the person submits to the examination if
29 the Board finds, after notice and hearing, that the refusal
30 to submit to the examination was without reasonable cause.
31 If the Board finds a person unable to practice because of
32 the reasons set forth in this Section, the Board may require
33 that person to submit to care, counseling, or treatment by
34 physicians approved or designated by the Board as a
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1 condition, term, or restriction for continued, reinstated, or
2 renewed licensure to practice; or, in lieu of care,
3 counseling, or treatment, the Board may recommend to the
4 Department to file a complaint to immediately suspend,
5 revoke, or otherwise discipline the license of the person.
6 Any person whose license was granted, continued, reinstated,
7 renewed, disciplined, or supervised subject to such terms,
8 conditions, or restrictions and who fails to comply with such
9 terms, conditions, or restrictions shall be referred to the
10 Director for a determination as to whether the person shall
11 have his or her license suspended immediately, pending a
12 hearing by the Board.
13 (b) The determination by a circuit court that a
14 registrant is subject to involuntary admission or judicial
15 admission as provided in the Mental Health and Developmental
16 Disabilities Code, as now or hereafter amended, operates as
17 an automatic suspension. Such suspension will end only upon
18 a finding by a court that the patient is no longer subject to
19 involuntary admission or judicial admission, the issuance of
20 an order so finding and discharging the patient, and the
21 recommendation of the Board to the Director that the
22 registrant be allowed to resume practice.
23 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
24 eff. 6-30-95.)
25 (225 ILCS 325/44) (from Ch. 111, par. 5244)
26 Sec. 44. Fund; appropriations; investments; audits.
27 Moneys deposited in the Design Professionals Administration
28 and Investigation Fund shall be appropriated to the
29 Department exclusively for expenses of the Department and the
30 Board in the administration of this Act, the Illinois
31 Professional Land Surveyor Act of 1989, the Illinois
32 Architecture Practice Act, and the Structural Engineering
33 Licensing Act of 1989. The expenses of the Department under
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1 this Act shall be limited to the ordinary and contingent
2 expenses of the Design Professionals Dedicated Employees
3 within the Department as established under Section 62.1 of
4 the Civil Administrative Code of Illinois and other expenses
5 related to 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 the Fund.
17 All fines and penalties under Section 24, and Section 39,
18 Section 42, and Section 43 shall be deposited in the Design
19 Professionals Administration and Investigation Fund.
20 Upon the completion of any audit of the Department as
21 prescribed by the Illinois State Auditing Act that audit
22 includes an audit of the Design Professionals Administration
23 and Investigation Fund, the Department shall make the audit
24 report open to inspection by any interested person. The copy
25 of the audit report required to be submitted to the
26 Department by this Section is in addition to copies of audit
27 reports required to be submitted to other State officers and
28 agencies by Section 3-14 of the Illinois State Auditing Act.
29 (Source: P.A. 89-204, eff. 1-1-96.)
30 Section 99. Effective date. This Act takes effect
31 January 1, 2000, except that Section 5 takes effect upon
32 becoming law.".