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91_HB2647eng
HB2647 Engrossed LRB9100291ACtmA
1 AN ACT concerning regulated professions, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Sunset Act is amended by
6 changing Section 4.10 and adding Section 4.20 as follows:
7 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
8 Sec. 4.10. The following Acts are repealed December 31,
9 1999:
10 The Fire Equipment Distributor and Employee Regulation
11 Act.
12 The Professional Engineering Practice Act of 1989.
13 The Structural Engineering Licensing Act of 1989.
14 The Illinois Architecture Practice Act of 1989.
15 The Illinois Landscape Architecture Act of 1989.
16 The Illinois Professional Land Surveyor Act of 1989.
17 The Land Sales Registration Act of 1989.
18 The Real Estate License Act of 1983.
19 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20 86-1007; 86-1028.)
21 (5 ILCS 80/4.20 new)
22 Sec. 4.20. Acts repealed on January 1, 2010. The
23 following Acts are repealed on January 1, 2010:
24 The Illinois Architecture Practice Act of 1989.
25 The Professional Engineering Practice Act of 1989.
26 The Illinois Professional Land Surveyor Act of 1989.
27 The Structural Engineering Practice Act of 1989.
28 Section 15. The Architectural, Engineering, and Land
29 Surveying Qualifications Based Selection Act is amended by
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1 changing Sections 15 and 65 as follows:
2 (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
3 Sec. 15. Definitions. As used in this Act:
4 "Architectural services" means any professional service
5 as defined in Section 5 of the Illinois Architecture Practice
6 Act of 1989.
7 "Engineering services" means any professional service as
8 defined in Section 4 of the Professional Engineering Practice
9 Act of 1989 or Section 5 of the Structural Engineering
10 Practice Licensing Act of 1989.
11 "Firm" means any individual, sole proprietorship, firm,
12 partnership, corporation, association, or other legal entity
13 permitted by law to practice the profession of architecture,
14 engineering, or land surveying and provide those services.
15 "Land surveying services" means any professional service
16 as defined in Section 5 of the Illinois Professional Land
17 Surveyor Act of 1989.
18 "Project" means any capital improvement project or any
19 design, study, plan, survey, or new or existing program
20 activity of a State agency, including development of new or
21 existing programs that require architectural, engineering, or
22 land surveying services.
23 "State agency" means any department, commission, council,
24 board, bureau, committee, institution, agency, university,
25 government corporation, authority, or other establishment or
26 official of this State.
27 (Source: P.A. 87-673.)
28 (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
29 Sec. 65. Scope. No person, corporation, or partnership
30 licensed or registered under the Illinois Architecture
31 Practice Act of 1989, the Professional Engineering Practice
32 Act of 1989, the Structural Engineering Practice Licensing
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1 Act of 1989, or the Illinois Professional Land Surveyor Act
2 of 1989 shall engage in any act or conduct, or be a party to
3 any contract, or agreement, in violation of the provisions of
4 this Act.
5 (Source: P.A. 87-673.)
6 Section 20. The Local Government Professional Services
7 Selection Act is amended by changing Section 3 as follows:
8 (50 ILCS 510/3) (from Ch. 85, par. 6403)
9 Sec. 3. Definitions. As used in this Act unless the
10 context specifically requires otherwise:
11 (1) "Firm" means any individual, firm, partnership,
12 corporation, association or other legal entity permitted by
13 law to practice the profession of architecture, engineering
14 or land surveying and provide architectural, engineering or
15 land surveying services.
16 (2) "Architectural services" means any professional
17 service as defined in Section 5 of the Illinois Architecture
18 Practice Act of 1989.
19 (3) "Engineering services" means any professional
20 service as defined in Section 4 of the Professional
21 Engineering Practice Act of 1989 or Section 5 of the
22 Structural Engineering Practice Licensing Act of 1989.
23 (4) "Land surveying services" means any professional
24 service as defined in Section 5 of the Illinois Professional
25 Land Surveyor Act of 1989.
26 (5) "Political subdivision" means any school district
27 and any unit of local government of fewer than 3,000,000
28 inhabitants, except home rule units.
29 (6) "Project" means any capital improvement project or
30 any study, plan, survey or new or existing program activity
31 of a political subdivision, including development of new or
32 existing programs which require architectural, engineering or
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1 land surveying services.
2 (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
3 Section 25. The Civil Administrative Code of Illinois is
4 amended by changing Section 62.1 as follows:
5 (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
6 Sec. 62.1. Design Professionals Dedicated Employees.
7 There is established within the Department of Professional
8 Regulation certain design professionals dedicated employees.
9 These employees shall be devoted exclusively to the
10 administration and enforcement of the Illinois Architecture
11 Practice Act, the Illinois Professional Land Surveyor Act of
12 1989, the Professional Engineering Practice Act of 1989, and
13 the Structural Engineering Practice Licensing Act of 1989.
14 The design professionals dedicated employees that the
15 Director shall employ, in conformity with the Personnel Code,
16 at a minimum shall consist of one full-time design licensing
17 Coordinator, one full-time Assistant Coordinator, 4 full-time
18 licensing clerks, one full-time attorney, and 2 full-time
19 investigators. These employees shall work exclusively in the
20 licensing and enforcement of the design profession Acts set
21 forth in this Section and shall not be used for the licensing
22 and enforcement of any other Act or other duties in the
23 Department of Professional Regulation.
24 (Source: P.A. 87-781.)
25 Section 30. The Illinois Architecture Practice Act of
26 1989 is amended by changing Sections 3, 8, 9, 10, 11, 12, 13,
27 14, 19, 21, 22, and 38 and adding Section 16.5 as follows:
28 (225 ILCS 305/3) (from Ch. 111, par. 1303)
29 Sec. 3. Application of Act. Nothing in this Act shall
30 be deemed or construed to prevent the practice of structural
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1 engineering as defined in the Structural Engineering Practice
2 Licensing Act of 1989, the practice of professional
3 engineering as defined in the Professional Engineering
4 Practice Act of 1989, or the preparation of documents used to
5 prescribe work to be done inside buildings for
6 non-loadbearing interior construction, furnishings, fixtures
7 and equipment, or the offering or preparation of
8 environmental analysis, feasibility studies, programming or
9 construction management services by persons other than those
10 licensed in accordance with this Act, the Structural
11 Engineering Practice Licensing Act of 1989 or the
12 Professional Engineering Practice Act of 1989.
13 Nothing contained in this Act shall prevent the
14 draftsmen, students, project representatives and other
15 employees of those lawfully practicing as licensed architects
16 under the provisions of this Act, from acting under the
17 direct supervision and control of their employers, or to
18 prevent the employment of project representatives for
19 enlargement or alteration of buildings or any parts thereof,
20 or prevent such project representatives from acting under the
21 direct supervision and control of the licensed architect by
22 whom the construction documents including drawings and
23 specifications of any such building, enlargement or
24 alteration were prepared.
25 Nothing in this Act or any other Act shall prevent a
26 registered architect from practicing interior design
27 services. Nothing in this Act shall be construed as
28 requiring the services of an interior designer for the
29 interior designing of a single family residence.
30 This Act does not apply to any of the following:
31 (A) The building, remodeling or repairing of any
32 building or other structure outside of the corporate
33 limits of any city or village, where such building or
34 structure is to be, or is used for farm residential or
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1 farm purposes, or for the purposes of outbuildings or
2 auxiliary buildings in connection with such residential
3 or farm premises.
4 (B) The construction, remodeling or repairing of a
5 detached single family residence on a single lot.
6 (C) The construction, remodeling or repairing of a
7 two-family residence of wood frame construction on a
8 single lot, not more than two stories and basement in
9 height.
10 (D) Interior design services for buildings which do
11 not involve life safety or structural changes.
12 However, all buildings not included in the preceding
13 paragraphs (A) through (D), including multi-family buildings
14 and buildings previously exempt under those paragraphs but
15 subsequently non-exempt due to a change in occupancy or use,
16 are subject to the requirements of this Act. Interior
17 alterations which result in life safety or structural changes
18 of the building are subject to the requirements of this Act.
19 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
20 (225 ILCS 305/8) (from Ch. 111, par. 1308)
21 Sec. 8. Powers and duties of the Department. Subject to
22 the provisions of this Act, the Department shall exercise the
23 following functions, powers and duties:
24 (a) Conduct examinations to ascertain the qualifications
25 and fitness of applicants for licensure as licensed
26 architects, and pass upon the qualifications and fitness of
27 applicants for licensure by endorsement;
28 (b) Prescribe rules for a method of examination of
29 candidates;
30 (c) Prescribe rules defining what constitutes a school,
31 college or university, or department of a university, or
32 other institution, reputable and in good standing, to
33 determine whether or not a school, college or university, or
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1 department of a university, or other institution is reputable
2 and in good standing by reference to a compliance with such
3 rules, and to terminate the approval of such school, college
4 or university or department of a university or other
5 institution that refuses admittance to applicants solely on
6 the basis of race, color, creed, sex or national origin. The
7 Department may adopt, as its own rules relating to education
8 requirements, those guidelines published from time to time by
9 the National Architectural Accrediting Board;
10 (d) Prescribe rules for diversified professional
11 training;
12 (e) Conduct oral interviews, disciplinary conferences
13 and formal evidentiary hearings on proceedings to impose
14 fines or to suspend, revoke, place on probationary status,
15 reprimand, and refuse to issue or restore any license issued
16 under the provisions of this Act for the reasons set forth in
17 Section 22 of this Act;
18 (f) Issue licenses to those who meet the requirements of
19 this Act; and
20 (g) Formulate and publish rules necessary or appropriate
21 to carrying out the provisions of this Act.
22 (h) To maintain membership in the National Council of
23 Architectural Registration Boards and participate in
24 activities of the Council by designation of individuals for
25 the various classifications of membership and the appointment
26 of delegates for attendance at regional and national meetings
27 of the Council. All costs associated with membership and
28 attendance of such delegates to any national meetings may be
29 funded from the Design Professionals Administration and
30 Investigation Fund.
31 Prior to issuance of any final decision or order that
32 deviates from any report or recommendation of the Board
33 relating to the qualification of applicants, discipline of
34 licensees or registrants, or promulgation of rules, the
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1 Director shall notify the Board in writing with an
2 explanation of any such deviation and provide a reasonable
3 time for the Board to submit writing comments to the Director
4 regarding the proposed action. In the event that the Board
5 fails or declines to submit such written comments within 30
6 days of said notification, the Director may issue a final
7 decision or orders consistent with the Director's original
8 decision. The Department may at any time seek the expert
9 advice and knowledge of the Board on any matter relating to
10 the enforcement of this Act.
11 (Source: P.A. 86-702.)
12 (225 ILCS 305/9) (from Ch. 111, par. 1309)
13 Sec. 9. Creation of the Board. The Director shall
14 appoint an Architecture Architect Licensing Board which will
15 consist of 6 members. Five members shall be licensed
16 architects, one of whom shall be a tenured member of the
17 architectural faculty of the University of Illinois. The
18 other 4 shall be licensed architects, residing in this State,
19 who have been engaged in the practice of architecture at
20 least 10 years. In addition to the 5 licensed architects,
21 there shall be one public member. The public member shall be
22 a voting member and shall not hold a license as an architect,
23 professional engineer, structural engineer or land surveyor.
24 Board members shall serve 5 year terms and until their
25 successors are appointed and qualified. For the initial
26 appointments made under this Act, however, 2 members shall be
27 appointed to serve for a period of one year, 2 members shall
28 be appointed to serve for a period of 3 years, and one member
29 shall be appointed for a period of 5 years. The public
30 member shall be appointed to an initial term of 5 years. In
31 making the designation of persons to the Board, the Director
32 shall give due consideration to recommendations by members
33 and organizations of the profession.
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1 The membership of the Board should reasonably reflect
2 representation from the geographic areas in this State.
3 No member shall be reappointed to the Board for a term
4 which would cause his or her continuous service on the Board
5 to be longer than 10 successive years. Service prior to the
6 effective date of this Act shall not be considered.
7 Appointments to fill vacancies shall be made in the same
8 manner as original appointments, for the unexpired portion of
9 the vacated term. Initial terms shall begin upon the
10 effective date of this Act and Board members in office on
11 that date under the predecessor Act may be appointed to
12 specific terms as indicated in this Section.
13 Persons holding office as members of the Board under the
14 Illinois Architecture Act immediately prior to the effective
15 date of this Act shall continue as members of the Board under
16 this Act until the expiration of the term for which they were
17 appointed and until their successors are appointed and
18 qualified.
19 A quorum of the Board shall consist of a majority of
20 Board members currently appointed. A majority vote of the
21 quorum is required for Board decisions. Four members shall
22 constitute a quorum of Board members. The Chairman shall
23 only vote on all matters to come before the Board in the case
24 of a tie vote.
25 The Director may remove any member of the Board for
26 misconduct, incompetence, neglect of duty, or for reasons
27 prescribed by law for removal of State officials.
28 The Director may remove a member of the Board who does
29 not attend 2 consecutive meetings.
30 The Director may terminate the appointment of any member
31 for cause which in the opinion of the Director reasonably
32 justifies such termination.
33 Notice of proposed rulemaking shall be transmitted to the
34 Board and the Department shall review the response of the
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1 Board and any recommendations made therein. The Department
2 may, at any time, seek the expert advice and knowledge of the
3 Board on any matter relating to the administration or
4 enforcement of this Act.
5 Members of the Board are immune from suit in any action
6 based upon any disciplinary proceedings or other activities
7 performed in good faith as members of the Board.
8 (Source: P.A. 86-702; 87-593.)
9 (225 ILCS 305/10) (from Ch. 111, par. 1310)
10 Sec. 10. Powers and duties of the Board.
11 (a) The Board shall hold at least 3 regular meetings each
12 year.;
13 (b) The Board shall annually elect a Chairperson and a
14 Vice Chairperson Chairman who shall be a licensed architects.
15 architect;
16 (c) The Board, upon request by the Department, may make
17 a curriculum evaluation to determine if courses conform to
18 the requirements of approved architectural programs.;
19 (d) The Board shall assist the Department in conducting
20 oral interviews, disciplinary conferences and formal
21 evidentiary hearings.;
22 (e) The Department may, at any time, seek the expert
23 advice and knowledge of the Board on any matter relating to
24 the enforcement of this Act.;
25 (f) The Board may appoint a subcommittee to serve as a
26 Complaint Committee to recommend the disposition of case
27 files according to procedures established by rule.;
28 (g) The Board shall review applicant qualifications to
29 sit for the examination or for licensure and shall make
30 recommendations to the Department. The Department shall
31 review the Board's recommendations on applicant
32 qualifications. The Director shall notify the Board in
33 writing with an explanation of any deviation from the Board's
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1 recommendation on applicant qualifications. After review of
2 the Director's written explanation of his or her reasons for
3 deviation, the Board shall have the opportunity to comment
4 upon the Director's decision.
5 (h) The Board shall submit written comments to the
6 Director within 30 days from notification of any final
7 decision or order from the Director that deviates from any
8 report or recommendation of the Board relating to the
9 qualifications of applicants, discipline of licensees or
10 registrants, or promulgation of rules.
11 (Source: P.A. 88-428.)
12 (225 ILCS 305/11) (from Ch. 111, par. 1311)
13 Sec. 11. Application for original license. Applications
14 for original licensure shall be made to the Department in
15 writing on forms prescribed by the Department and shall be
16 accompanied by the required fee, which is not refundable.
17 Any such application shall require information as in the
18 judgment of the Department will enable the Department to pass
19 on the qualifications of the applicant to practice
20 architecture. The Department may require an applicant, at the
21 applicant's expense, to have an evaluation of the applicant's
22 education in a foreign country by a nationally recognized
23 educational body approved by the Board in accordance with
24 rules prescribed by the Department.
25 An applicant who has graduated from an architectural
26 program outside the United States or its territories and
27 whose first language is not English shall submit
28 certification of passage of the Test of English as a Foreign
29 Language (TOEFL) and the Test of Spoken English (TSE) as
30 defined by rule before taking the licensure examination.
31 (Source: P.A. 89-594, eff. 8-1-96.)
32 (225 ILCS 305/12) (from Ch. 111, par. 1312)
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1 Sec. 12. Examinations; subjects; failure or refusal to
2 take examination. The Department shall authorize examination
3 of applicants as architects at such times and places as it
4 may determine. The examination shall be in English and shall
5 be written or written and graphic. It shall include at a
6 minimum the following subjects:
7 (a) pre-design (environmental analysis,
8 architectural programming, and application of principles
9 of project management and coordination), environmental
10 analysis and programming;
11 (b) site planning (site analysis, design and
12 development, parking, and application of zoning
13 requirements) design;
14 (c) building planning (conceptual planning of
15 functional and space relationships, building design,
16 interior space layout, barrier-free design, and the
17 application of the life safety code requirements and
18 principles of energy efficient design) design;
19 (d) building technology (application of structural
20 systems, building components, and mechanical and
21 electrical systems) structural technology (general, long
22 span, and lateral);
23 (e) general structures (identification, resolution,
24 and incorporation of structural systems and the long span
25 design on the technical aspects of the design of
26 buildings and the process and construction) life safety
27 codes and technology, and energy efficient design;
28 (f) lateral forces (identification and resolution
29 of the effects of lateral forces on the technical aspects
30 of the design of buildings and the process of
31 construction) barrier free design;
32 (g) mechanical, plumbing, and electrical systems
33 (as applied to the design of buildings, including
34 plumbing and acoustical systems) (principles of
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1 sanitation and ventilation as applied to buildings);
2 (h) materials and methods (as related to the design
3 of buildings and the technical aspects of construction);
4 and
5 (i) construction documents and services (conduct of
6 architectural practice as it relates to construction
7 documents, bidding, and construction administration and
8 contractual documents from beginning to end of a building
9 project)., technical submissions, and professional
10 practice, including the contractual duties of an
11 architect; and
12 It shall be the responsibility of the applicant to
13 be familiar with this Act and its rules.
14 Examination subject matter headings and bases on which
15 examinations are graded shall be indicated in rules
16 pertaining to this Act. The Department may adopt the
17 examinations and grading procedures of the National Council
18 of Architectural Registration Boards. Content of any
19 particular examination shall not be considered public record
20 under the Freedom of Information Act.
21 If an applicant neglects without an approved excuse or
22 refuses to take the next available examination offered for
23 licensure under this Act, the fee paid by the applicant shall
24 be forfeited. If an applicant fails to pass an examination
25 for licensure under this Act within 3 6 years after filing an
26 application, the application shall be denied. The applicant
27 may, however, make a new application for examination
28 accompanied by the required fee and must furnish proof of
29 meeting the qualifications for examination in effect at the
30 time of the new application.
31 The Department may by rule prescribe additional subjects
32 for examination.
33 An applicant has one year from the date of notification
34 of successful completion of all the examination requirements
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1 to apply to the Department for a license. If an applicant
2 fails to apply within one year, the applicant shall be
3 required to again take and pass the examination.
4 (Source: P.A. 86-702; 87-593.)
5 (225 ILCS 305/13) (from Ch. 111, par. 1313)
6 Sec. 13. Qualifications of applicants. Any person who
7 is of good moral character may take an examination for
8 licensure if he or she is a graduate with a first
9 professional degree in architecture from a program accredited
10 by the National Architectural Accrediting Board and has
11 completed such diversified professional training, including
12 academic training, as is required by rules of the Department.
13 In lieu of the requirement of graduation with a first
14 professional degree in architecture from a program accredited
15 by the National Architectural Accrediting Board, the
16 Department may admit an applicant who is a graduate with a
17 pre-professional 4 year baccalaureate degree accepted for
18 direct entry into a first professional master of architecture
19 degree program, and who has completed such additional
20 diversified professional training, including academic
21 training, as is required by rules of the Department. The
22 Department may adopt, as its own rules relating to
23 diversified professional training, those guidelines published
24 from time to time by the National Council of Architectural
25 Registration Boards.
26 Good moral character means such character as will enable
27 a person to discharge the fiduciary duties of an architect to
28 that person's client and to the public in a manner which
29 protects health, safety and welfare. Evidence of inability
30 to discharge such duties may include the commission of an
31 offense justifying discipline under Section 19. In addition,
32 the Department may take into consideration whether the
33 applicant has engaged in conduct or actions that would
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1 constitute grounds for discipline under this Act any felony
2 conviction of the applicant, but such a conviction shall not
3 operate as an absolute bar to qualification for examination
4 for licensure.
5 (Source: P.A. 89-387, eff. 8-20-95.)
6 (225 ILCS 305/14) (from Ch. 111, par. 1314)
7 Sec. 14. Display of license; Seal. Every holder of a
8 license as a licensed architect shall display it in a
9 conspicuous place in the principal office of the architect.
10 Every licensed architect shall have a reproducible seal,
11 or facsimile, the print of which shall contain the name of
12 the architect, the license number, and the words "Licensed
13 Architect, State of Illinois". The licensed architect shall
14 affix the signature, current date, date of license expiration
15 and seal to the first sheet of any bound set or loose sheets
16 of construction documents utilized as contract documents or
17 prepared for the review and approval of any governmental or
18 public authority having jurisdiction by that licensed
19 architect or under that licensed architect's direct
20 supervision and control. The sheet of construction documents
21 in which the seal is affixed shall indicate those documents
22 or parts thereof for which the seal shall apply. The seal and
23 dates may be electronically affixed. The signature must be
24 in the original handwriting of the licensee. Signatures
25 generated by computer shall not be permitted. All
26 construction documents issued by any corporation,
27 partnership, professional service corporation, or
28 professional design firm as registered under this Act shall
29 contain the corporate or assumed business name and design
30 firm registration number, in addition to any other seal
31 requirements as set forth in this Section.
32 "Direct supervision and control" means that the architect
33 has exerted sufficient personal supervision, control, and
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1 review of the activities of those employed to perform
2 architectural work to ensure that the construction documents
3 produced by those so employed and sealed by the architect
4 meet the standards of reasonable professional skill and
5 diligence and are of no lesser quality than if they had been
6 produced personally by the architect. The architect is
7 obligated to have detailed professional knowledge of the
8 construction documents the architect seals and to have
9 exercised professional judgement in all architectural matters
10 embodied in those construction documents. Merely reviewing
11 the construction documents produced by others, even if they
12 are licensed, does not constitute "direct supervision and
13 control" by the architect unless the architect has actually
14 exercised the supervision and control over the preparation of
15 the construction documents provided for in this Section.
16 (Source: P.A. 86-702; 86-1028.)
17 (225 ILCS 305/16.5 new)
18 Sec. 16.5. Continuing education. The Department may
19 promulgate rules of continuing education for persons licensed
20 under this Act. The Department shall consider the
21 recommendations of the Board in establishing the guidelines
22 for the continuing education requirements. The requirements
23 of this Section apply to any person seeking renewal or
24 restoration under Section 16 or 17 of this Act.
25 (225 ILCS 305/19) (from Ch. 111, par. 1319)
26 Sec. 19. Fees.
27 (a) The Department shall provide by rule for a schedule
28 of fees to be paid for licenses by all applicants. All fees
29 are not refundable.
30 (b) The fees for the administration and enforcement of
31 this Act, including but not limited to original licensure,
32 renewal, and restoration, shall be set by rule by the
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1 Department. The following fees are not refundable.
2 (a) Licensure fees.
3 (1) The fee for application for a license is $100.
4 (2) In addition, applicants for any examination are
5 required to pay, either to the Department or to the
6 designated testing service, a fee covering the cost of
7 determining the applicant's eligibility and providing the
8 examination. Failure to appear for the examination on
9 the scheduled date, at the time and place specified,
10 after the applicant's application for examination has
11 been received and acknowledged by the Department or the
12 designated testing service, shall result in the
13 forfeiture of the examination fee.
14 (3) The fee for a license for an architect
15 registered or licensed under the laws of another state or
16 territory of the United States or province is $100.
17 (4) The fee for the renewal of a license shall be
18 $60.
19 (5) The fee for the restoration of a license other
20 than from inactive status is $10 plus payment of all
21 lapsed renewal fees.
22 (6) The fee for application for a license as an
23 architecture corporation or partnership is $75.
24 (7) The fee for renewal of a license or certificate
25 of registration as a professional design firm is $75.
26 (b) General fees.
27 (1) The fee for the issuance of a duplicate
28 license, for the issuance of a replacement license for a
29 license which has been lost or destroyed or for the
30 issuance of a license with a change of name or address
31 other than during the renewal period is $20. No fee is
32 required for name and address changes on Department
33 records when no duplicate license is issued.
34 (2) The fee for a certification of a licensee's
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1 record for any purpose is $20.
2 (3) The fee for rescoring an examination is the
3 cost to the Department of rescoring the examination, plus
4 any fees charged by the applicable testing service to
5 have the examination rescored.
6 (4) The fee for a wall certificate showing
7 licensure is the actual cost of producing such
8 certificate.
9 (5) The fee for a roster of licensed architects in
10 this State is the actual cost of producing such a roster.
11 Professional Administration and Investigation Fund. Of the
15 moneys deposited into the Design Professionals Administration
16 and Investigation Fund, the Department may use such funds as
17 necessary and available to produce and distribute newsletters
18 to persons licensed under this Act.
19 Any person who delivers a check or other payment to the
20 Department that is returned to the Department unpaid by the
21 financial institution upon which it is drawn shall pay to the
22 Department, in addition to the amount already owed to the
23 Department, a fine of $50. If the check or other payment was
24 for a renewal or issuance fee and that person practices
25 without paying the renewal fee or issuance fee and the fine
26 due, an additional fine of $100 shall be imposed. The fines
27 imposed by this Section are in addition to any other
28 discipline provided under this Act for unlicensed practice or
29 practice on a nonrenewed license. The Department shall notify
30 the person that payment of fees and fines shall be paid to
31 the Department by certified check or money order within 30
32 calendar days of the notification. If, after the expiration
33 of 30 days from the date of the notification, the person has
34 failed to submit the necessary remittance, the Department
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1 shall automatically terminate the license or certificate or
2 deny the application, without hearing. If, after termination
3 or denial, the person seeks a license or certificate, he or
4 she shall apply to the Department for restoration or issuance
5 of the license or certificate and pay all fees and fines due
6 to the Department. The Department may establish a fee for the
7 processing of an application for restoration of a license or
8 certificate to pay all expenses of processing this
9 application. The Director may waive the fines due under this
10 Section in individual cases where the Director finds that the
11 fines would be unreasonable or unnecessarily burdensome.
12 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
13 (225 ILCS 305/21) (from Ch. 111, par. 1321)
14 Sec. 21. Professional design firm registration;
15 conditions.
16 (a) Nothing in this Act shall prohibit the formation,
17 under the provisions of the Professional Service Corporation
18 Act, of a corporation to offer the practice of architecture.
19 Any business, including a not formed under the provisions
20 of the Professional Service Corporation, that Act and not
21 registered as such with the Department, and which includes
22 the practice of architecture within its stated purposes,
23 practices architecture, or holds itself out as available to
24 practice architecture, shall register with the Department
25 under this Section. Any professional service corporation,
26 sole proprietorship, or professional design firm offering
27 architectural services must have a resident architect
28 overseeing the architectural practices in each location in
29 which architectural services are provided.
30 Any sole proprietorship not owned and operated by an
31 Illinois licensed design professional licensed under this Act
32 shall be prohibited from offering architectural services to
33 the public. "Illinois licensed design professional" means a
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1 person who holds an active license as an architect under this
2 Act, as a structural engineer under the Structural
3 Engineering Practice Licensing Act of 1989, or as a
4 professional engineer under the Professional Engineering
5 Practice Act of 1989. Any sole proprietorship owned and
6 operated by an architect with an active license issued under
7 this Act and conducting or transacting such business under an
8 assumed name in accordance with the provisions of the Assumed
9 Business Name Act shall comply with the registration
10 requirements of a professional design firm. Any sole
11 proprietorship owned and operated by an architect with an
12 active license issued under this Act and conducting or
13 transacting such business under the real name of the sole
14 proprietor is exempt from the registration requirements of a
15 professional design firm.
16 (b) Any corporation, including a Professional Service
17 Corporation, partnership, limited liability company, or
18 professional design firm seeking to be registered under this
19 Section shall not be registered unless:
20 (1) two-thirds of the board of directors, in the
21 case of a corporation, or two-thirds of the general
22 partners, in the case of a partnership, or two-thirds of
23 the members, in the case of a limited liability company,
24 are licensed under the laws of any State to practice
25 architecture, professional engineering, land surveying,
26 or structural engineering; and
27 (2) the person having the architectural practice in
28 this State in his charge is (A) a director in the case of
29 a corporation, a general partner in the case of a
30 partnership, or a member in the case of a limited
31 liability company, and (B) holds a license under this
32 Act.
33 Any corporation, limited liability company, professional
34 service corporation, or partnership qualifying under this
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1 Section and practicing in this State shall file with the
2 Department any information concerning its officers,
3 directors, members, managers, partners or beneficial owners
4 as the Department may, by rule, require.
5 (c) No business shall offer the practice or hold itself
6 out as available to offer the practice of architecture until
7 it is registered with the Department.
8 (d) Any business seeking to be registered under this
9 Section shall make application on a form provided by the
10 Department and shall provide any information requested by the
11 Department, which shall include but shall not be limited to
12 all of the following:
13 (1) The name and architect's license number of at
14 least one person designated as the managing agent in
15 responsible charge of the practice of architecture in
16 Illinois. In the case of a corporation, the corporation
17 shall also submit a certified copy of the resolution by
18 the board of directors designating at least one managing
19 agent. If a limited liability company, the company shall
20 submit a certified copy of either its articles of
21 organization or operating agreement designating the
22 managing agent.
23 (2) The names and architect's, professional
24 engineer's, or structural engineer's, or land surveyor's
25 license numbers of the directors, in the case of a
26 corporation, the members, in the case of a limited
27 liability company, or general partners, in the case of a
28 partnership.
29 (3) A list of all locations at which the
30 professional design firm provides architectural services.
31 (4) A list of all assumed names of the business.
32 Nothing in this Section shall be construed to exempt a
33 business from compliance with the requirements of the
34 Assumed Business Name Act.
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1 It is the responsibility of the professional design firm
2 to provide the Department notice, in writing, of any changes
3 in the information requested on the application.
4 (e) In the event a managing agent is terminated or
5 terminates his or her status as managing agent of the
6 professional design firm, the managing agent and professional
7 design firm shall notify the Department of this fact in
8 writing, by certified mail, within 10 business days of
9 termination.
10 Thereafter, the professional design firm, if it has so
11 informed the Department, has 30 days in which to notify the
12 Department of the name and architect's license number of the
13 architect who is the newly designated managing agent. If a
14 corporation, the corporation shall also submit a certified
15 copy of a resolution by the board of directors designating
16 the new managing agent. If a limited liability company, the
17 company shall also submit a certified copy of either its
18 articles of organization or operating agreement designating
19 the new managing agent. The Department may, upon good cause
20 shown, extend the original 30 day period.
21 If the professional design firm has not notified the
22 Department in writing, by certified mail within the specified
23 time, the registration shall be terminated without prior
24 hearing. Notification of termination shall be sent by
25 certified mail to the last known address of the business. If
26 the professional design firm continues to operate and offer
27 architectural services after the termination, the Department
28 may seek prosecution under Sections 22, 36, and 36a of this
29 Act for the unlicensed practice of architecture.
30 (f) No professional design firm shall be relieved of
31 responsibility for the conduct or acts of its agents,
32 employees, or officers by reason of its compliance with this
33 Section, nor shall any individual practicing architecture be
34 relieved of the responsibility for professional services
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1 performed by reason of the individual's employment or
2 relationship with a professional design firm registered under
3 this Section.
4 (g) Disciplinary action against a professional design
5 firm registered under this Section shall be administered in
6 the same manner and on the same grounds as disciplinary
7 action against a licensed architect. All disciplinary action
8 taken or pending against a corporation or partnership before
9 the effective date of this amendatory Act of 1993 shall be
10 continued or remain in effect without the Department filing
11 separate actions.
12 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
13 (225 ILCS 305/22) (from Ch. 111, par. 1322)
14 Sec. 22. Refusal, suspension and revocation of licenses;
15 Causes.
16 (a) The Department may, singularly or in combination,
17 refuse to issue, renew or restore, or may suspend or revoke
18 any license or registration, or may place on probation,
19 reprimand, or fine, with a civil penalty not to exceed
20 $10,000 for each violation, any person, corporation, or
21 partnership, or professional design firm licensed or
22 registered under this Act for any of the following reasons:
23 (1) material misstatement in furnishing information
24 to the Department;
25 (2) negligence, incompetence or misconduct in the
26 practice of architecture;
27 (3) failure to comply with any of the provisions of
28 this Act or any of the rules;
29 (4) making any misrepresentation for the purpose of
30 obtaining licensure;
31 (5) purposefully making false statements or signing
32 false statements, certificates or affidavits to induce
33 payment;
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1 (6) conviction of any crime under the laws of the
2 United States, or any state or territory thereof, which
3 is a felony, whether related to the practice of
4 architecture or not; or conviction of any crime, whether
5 a felony, misdemeanor, or otherwise, an essential element
6 of which is dishonesty, wanton disregard for the rights
7 of others, or which is directly related to the practice
8 of architecture;
9 (7) aiding or assisting another person in violating
10 any provision of this Act or its rules;
11 (8) signing, affixing the licensed architect's seal
12 or permitting the architect's seal to be affixed to any
13 construction documents not prepared by the architect or
14 under that architect's direct supervision and control;
15 (9) engaging in dishonorable, unethical or
16 unprofessional conduct of a character likely to deceive,
17 defraud or harm the public;
18 (10) habitual intoxication or addiction to the use
19 of drugs;
20 (11) making a statement of compliance pursuant to
21 the Environmental Barriers Act that construction
22 documents prepared by the Licensed Architect or prepared
23 under the licensed architect's direct supervision and
24 control for construction or alteration of an occupancy
25 required to be in compliance with the Environmental
26 Barriers Act are in compliance with the Environmental
27 Barriers Act when such construction documents are not in
28 compliance;
29 (12) a finding by the Board that an applicant or a
30 registrant has failed to pay a fine imposed by the
31 Department or a registrant, whose license has been placed
32 on probationary status, has violated the terms of
33 probation;
34 (13) discipline by another state, territory,
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1 foreign country, the District of Columbia, the United
2 States government, or any other governmental agency, if
3 at least one of the grounds for discipline is the same or
4 substantially equivalent to those set forth herein;
5 (14) failure to provide information in response to
6 a written request made by the Department within 30 days
7 after the receipt of such written request;
8 (15) physical illness, including, but not limited
9 to, deterioration through the aging process or loss of
10 motor skill which results in the inability to practice
11 the profession with reasonable judgment, skill or safety.
12 (a-5) In enforcing this Section, the Board upon a
13 showing of a possible violation may compel a person licensed
14 to practice under this Act, or who has applied for licensure
15 or certification pursuant to this Act, to submit to a mental
16 or physical examination, or both, as required by and at the
17 expense of the Department. The examining physicians shall be
18 those specifically designated by the Board. The Board or the
19 Department may order the examining physician to present
20 testimony concerning this mental or physical examination of
21 the licensee or applicant. No information shall be excluded
22 by reason of any common law or statutory privilege relating
23 to communications between the licensee or applicant and the
24 examining physician. The person to be examined may have, at
25 his or her own expense, another physician of his or her
26 choice present during all aspects of the examination.
27 Failure of any person to submit to a mental or physical
28 examination, when directed, shall be grounds for suspension
29 of a license until the person submits to the examination if
30 the Board finds, after notice and hearing, that the refusal
31 to submit to the examination was without reasonable cause.
32 If the Board finds a person unable to practice because of
33 the reasons set forth in this Section, the Board may require
34 that person to submit to care, counseling, or treatment by
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1 physicians approved or designated by the Board as a
2 condition, term, or restriction for continued, reinstated, or
3 renewed licensure to practice; or, in lieu of care,
4 counseling, or treatment, the Board may recommend to the
5 Department to file a complaint to immediately suspend, revoke
6 or otherwise discipline the license of the person. Any
7 person whose license was granted, continued, reinstated,
8 renewed, disciplined, or supervised subject to such terms,
9 conditions, or restrictions and who fails to comply with such
10 terms, conditions, or restrictions shall be referred to the
11 Director for a determination as to whether the person shall
12 have his or her license suspended immediately, pending a
13 hearing by the Board.
14 (b) The determination by a circuit court that a licensee
15 is subject to involuntary admission or judicial admission, as
16 provided in the Mental Health and Developmental Disabilities
17 Code, operates as an automatic suspension. Such suspension
18 will end only upon a finding by a court that the patient is
19 no longer subject to involuntary admission or judicial
20 admission, the issuance of an order so finding and
21 discharging the patient, and the recommendation of the Board
22 to the Director that the licensee be allowed to resume
23 practice.
24 The Department may refuse to issue or may suspend the
25 license of any person who fails to file a return, or to pay
26 the tax, penalty or interest shown in a filed return, or to
27 pay any final assessment of tax, penalty or interest, as
28 required by any tax Act administered by the Illinois
29 Department of Revenue, until such time as the requirements of
30 any such tax Act are satisfied.
31 Persons who assist the Department as consultants or
32 expert witnesses in the investigation or prosecution of
33 alleged violations of the Act, licensure matters, restoration
34 proceedings, or criminal prosecutions, shall not be liable
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1 for damages in any civil action or proceeding as a result of
2 such assistance, except upon proof of actual malice. The
3 attorney general shall defend such persons in any such action
4 or proceeding.
5 (Source: P.A. 88-428.)
6 (225 ILCS 305/38) (from Ch. 111, par. 1338)
7 Sec. 38. Fund; appropriations; investments; audits.
8 Moneys deposited in the Design Professionals Administration
9 and Investigation Fund shall be appropriated to the
10 Department exclusively for expenses of the Department and the
11 Board in the administration of this Act, the Illinois
12 Professional Land Surveyor Act of 1989, the Professional
13 Engineering Practice Act of 1989, and the Structural
14 Engineering Practice Licensing Act of 1989. The expenses of
15 the Department under this Act shall be limited to the
16 ordinary and contingent expenses of the Design Professionals
17 Dedicated Employees within the Department as established
18 under Section 62.1 of the Civil Administrative Code of
19 Illinois and other expenses related to the administration and
20 enforcement of this Act.
21 Moneys from the Fund may also be used for direct and
22 allocable indirect costs related to the public purposes of
23 the Department of Professional Regulation. Moneys in the
24 Fund may be transferred to the Professions Indirect Cost Fund
25 as authorized by Section 61e of the Civil Administrative Code
26 of Illinois.
27 All fines and penalties under Sections 22 and 36 shall be
28 deposited in the Design Professionals Professional
29 Administration and Investigation Fund.
30 Moneys in the Design Professionals Professional
31 Administration and Investigation Fund may be invested and
32 reinvested, with all earnings received from the investments
33 to be deposited in the Design Professionals Administration
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1 and Investigation Fund and used for the same purposes as fees
2 deposited in the Fund.
3 Upon the completion of any audit of the Department as
4 prescribed by the Illinois State Auditing Act that includes
5 an audit of the Design Professionals Administration and
6 Investigation Fund, the Department shall make the audit open
7 to inspection by any interested person. The copy of the
8 audit report required to be submitted to the Department by
9 this Section is an addition to copies of audit reports
10 required to be submitted to other State officers and agencies
11 by Section 3-14 of the Illinois State Auditing Act.
12 (Source: P.A. 89-204, eff. 1-1-96.)
13 Section 35. The Interior Design Professional Title Act
14 is amended by changing Section 4 as follows:
15 (225 ILCS 310/4) (from Ch. 111, par. 8204)
16 Sec. 4. (a) No individual shall, without a valid
17 registration as an interior designer issued by the
18 Department, in any manner hold himself out to the public as
19 an interior designer or attach the title "interior designer"
20 or any other name or designation which would in any way imply
21 that he is able to use the title "interior designer" as
22 defined in this Act. No individual shall, without a valid
23 registration as a residential interior designer issued by the
24 Department, in any manner hold himself out to the public as a
25 residential interior designer, or use the title "residential
26 interior designer" or any name or designation that would in
27 any way imply that he is able to use the title "residential
28 interior designer" as defined in this Act.
29 (a-5) Nothing in this Act shall be construed as
30 preventing or restricting the services offered or advertised
31 by an interior designer who is registered under this Act.
32 (b) Nothing in this Act shall prevent the employment, by
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1 an interior designer or residential interior designer,
2 association, partnership, or a corporation furnishing
3 interior design or residential interior design services for
4 remuneration, of persons not registered as interior designers
5 or residential interior designers to perform services in
6 various capacities as needed, provided that the persons do
7 not represent themselves as, or use the title of, "interior
8 designer", "registered interior designer", "residential
9 interior designer" or "registered residential interior
10 designer".
11 (c) Nothing in this Act shall be construed to limit the
12 activities and use of the title "interior designer" or
13 "residential interior designer" on the part of a person not
14 registered under this Act who is a graduate of an interior
15 design program and a full-time employee of a duly chartered
16 institution of higher education insofar as such person
17 engages in public speaking, with or without remuneration,
18 provided that such person does not represent himself to be an
19 interior designer or use the title "registered interior
20 designer" or "registered residential interior designer".
21 (d) Nothing contained in this Act shall restrict any
22 person not registered under this Act from carrying out any of
23 the activities listed in the definition of "the profession of
24 interior design" in under paragraph (f) of Section 3 (3) if
25 such person does not represent himself or his services in any
26 manner prohibited by this Act.
27 (e) Nothing in this Act shall be construed as preventing
28 or restricting the practice, services, or activities of any
29 person licensed in this State under any other law from
30 engaging in the profession or occupation for which he is
31 licensed.
32 (f) Nothing in this Act shall be construed as preventing
33 or restricting the practice, services, or activities of
34 engineers licensed under the Professional Engineering
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1 Practice Act of 1989 or the Structural Engineering Practice
2 Licensing Act of 1989; architects licensed pursuant to the
3 Illinois Architectural Practice Act of 1989; any interior
4 decorator or individual offering interior decorating services
5 including, but not limited to, the selection of surface
6 materials, window treatments, wall coverings, furniture,
7 accessories, paint, floor coverings, and lighting fixtures;
8 or builders, home furnishings salespersons, and similar
9 purveyors of goods and services relating to homemaking.
10 (g) Nothing in this Act or any other Act shall prevent a
11 licensed architect from practicing interior design services
12 or from using the title "interior designer" or "residential
13 interior designer". Nothing in this Act shall be construed
14 as requiring the services of an interior designer or
15 residential interior designer for the interior designing of a
16 single family residence.
17 (h) Nothing in this Act shall authorize interior
18 designers or residential interior designers to perform
19 services, including life safety services that they are
20 prohibited from performing, or any practice (i) that is
21 restricted in the Illinois Architecture Practice Act of 1989,
22 the Professional Engineering Practice Act of 1989, or the
23 Structural Engineering Practice Licensing Act of 1989, or
24 (ii) that they are not authorized to perform under the
25 Environmental Barriers Act.
26 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
27 Section 40. The Illinois Plumbing License Law is amended
28 by changing Section 3 as follows:
29 (225 ILCS 320/3) (from Ch. 111, par. 1103)
30 Sec. 3. (1) All planning and designing of plumbing
31 systems and all plumbing shall be performed only by plumbers
32 licensed under the provisions of this Act hereinafter called
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1 "licensed plumbers" and "licensed apprentice plumbers". The
2 inspection of plumbing and plumbing systems shall be done
3 only by the sponsor or his or her agent who shall be an
4 Illinois licensed plumber. Nothing herein contained shall
5 prohibit licensed plumbers or licensed apprentice plumbers
6 under supervision from planning, designing, inspecting,
7 installing, repairing, maintaining, altering or extending
8 building sewers in accordance with this Act. No person who
9 holds a license or certificate of registration under the
10 Illinois Architecture Practice Act of 1989, or the Structural
11 Engineering Practice Licensing Act of 1989, or the
12 Professional Engineering Practice Act of 1989 shall be
13 prevented from planning and designing plumbing systems.
14 (2) Nothing herein contained shall prohibit the owner
15 occupant or lessee occupant of a single family residence, or
16 the owner of a single family residence under construction for
17 his or her occupancy, from planning, installing, altering or
18 repairing the plumbing system of such residence, provided
19 that (i) such plumbing shall comply with the minimum
20 standards for plumbing contained in the Illinois State
21 Plumbing Code, and shall be subject to inspection by the
22 Department or the local governmental unit if it retains a
23 licensed plumber as an inspector; and (ii) such owner, owner
24 occupant or lessee occupant shall not employ other than a
25 plumber licensed pursuant to this Act to assist him or her.
26 For purposes of this subsection, a person shall be
27 considered an "occupant" if and only if he or she has taken
28 possession of and is living in the premises as his or her
29 bona fide sole and exclusive residence, or, in the case of
30 an owner of a single family residence under construction for
31 his or her occupancy, he or she expects to take possession of
32 and live in the premises as his or her bona fide sole and
33 exclusive residence, and he or she has a current intention to
34 live in such premises as his or her bona fide sole and
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1 exclusive residence for a period of not less than 6 months
2 after the completion of the plumbing work performed pursuant
3 to the authorization of this subsection, or, in the case of
4 an owner of a single family residence under construction for
5 his or her occupancy, for a period of not less than 6 months
6 after the completion of construction of the residence.
7 Failure to possess and live in the premises as a sole and
8 exclusive residence for a period of 6 months or more shall
9 create a rebuttable presumption of a lack of such intention.
10 (3) The employees of a firm, association, partnership or
11 corporation who engage in plumbing shall be licensed plumbers
12 or licensed apprentice plumbers. At least one member of every
13 firm, association or partnership engaged in plumbing work,
14 and at least one corporate officer of every corporation
15 engaged in plumbing work, as the case may be, shall be a
16 licensed plumber. A retired plumber cannot fulfill the
17 requirements of this subsection (3).
18 (4) (a) A licensed apprentice plumber shall plan, design
19 and install plumbing only under the supervision of the
20 sponsor or his or her agent who is also an Illinois
21 licensed plumber.
22 (b) An applicant for licensing as an apprentice
23 plumber shall be at least 16 years of age and apply on
24 the application form provided by the Department. Such
25 application shall verify that the applicant is sponsored
26 by an Illinois licensed plumber or an approved
27 apprenticeship program and shall contain the name and
28 license number of the licensed plumber or program
29 sponsor.
30 (c) No licensed plumber shall sponsor more than 2
31 licensed apprentice plumbers at the same time. If 2
32 licensed apprentice plumbers are sponsored by a plumber
33 at the same time, one of the apprentices must have, at a
34 minimum, 2 years experience as a licensed apprentice. No
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1 licensed plumber sponsor or his or her agent may
2 supervise 2 licensed apprentices with less than 2 years
3 experience at the same time. The sponsor or agent shall
4 supervise and be responsible for the plumbing performed
5 by a licensed apprentice.
6 (d) No agent shall supervise more than 2 licensed
7 apprentices at the same time.
8 (e) No licensed plumber may, in any capacity,
9 supervise more than 2 licensed apprentice plumbers at the
10 same time.
11 (f) No approved apprenticeship program may sponsor
12 more licensed apprentices than 2 times the number of
13 licensed plumbers available to supervise those licensed
14 apprentices.
15 (g) No approved apprenticeship program may sponsor
16 more licensed apprentices with less than 2 years
17 experience than it has licensed plumbers available to
18 supervise those licensed apprentices.
19 (h) No individual shall work as an apprentice
20 plumber unless he or she is properly licensed under this
21 Act. The Department shall issue an apprentice plumber's
22 license to each approved applicant.
23 (i) No licensed apprentice plumber shall serve more
24 than a 6 year licensed apprenticeship period. If, upon
25 completion of a 6 year licensed apprenticeship period,
26 such licensed apprentice plumber does not apply for the
27 examination for a plumber's license and successfully pass
28 the examination for a plumber's license, his or her
29 apprentice plumber's license shall not be renewed.
30 Nothing contained in P.A. 83-878, entitled "An Act in
31 relation to professions", approved September 26, 1983, was
32 intended by the General Assembly nor should it be construed
33 to require the employees of a governmental unit or privately
34 owned municipal water supplier who operate, maintain or
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1 repair a water or sewer plant facility which is owned or
2 operated by such governmental unit or privately owned
3 municipal water supplier to be licensed plumbers under this
4 Act. In addition, nothing contained in P.A. 83-878 was
5 intended by the General Assembly nor should it be construed
6 to permit persons other than licensed plumbers to perform the
7 installation, repair, maintenance or replacement of plumbing
8 fixtures, such as toilet facilities, floor drains, showers
9 and lavatories, and the piping attendant to those fixtures,
10 within such facility or in the construction of a new
11 facility.
12 Nothing contained in P.A. 83-878, entitled "An Act in
13 relation to professions", approved September 26, 1983, was
14 intended by the General Assembly nor should it be construed
15 to require the employees of a governmental unit or privately
16 owned municipal water supplier who install, repair or
17 maintain water service lines from water mains in the street,
18 alley or curb line to private property lines and who install,
19 repair or maintain water meters to be licensed plumbers under
20 this Act if such work was customarily performed prior to the
21 effective date of such Act by employees of such governmental
22 unit or privately owned municipal water supplier who were not
23 licensed plumbers. Any such work which was customarily
24 performed prior to the effective date of such Act by persons
25 who were licensed plumbers or subcontracted to persons who
26 were licensed plumbers must continue to be performed by
27 persons who are licensed plumbers or subcontracted to persons
28 who are licensed plumbers. When necessary under this Act,
29 the Department shall make the determination whether or not
30 persons who are licensed plumbers customarily performed such
31 work.
32 (Source: P.A. 89-665, eff. 8-14-96.)
33 Section 45. The Professional Engineering Practice Act of
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1 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 10,
2 12, 14, 15, 20, 23, 24, 44, and 47 and by adding Section 17.5
3 as follows:
4 (225 ILCS 325/3) (from Ch. 111, par. 5203)
5 Sec. 3. Application of the Act; Exemptions.
6 (a) Nothing in this Act shall be construed to prevent
7 the practice of structural engineering as defined in the
8 Structural Engineering Practice Licensing Act of 1989 or the
9 practice of architecture as defined in the Illinois
10 Architecture Practice Act of 1989 or the regular and
11 customary practice of construction contracting and
12 construction management as performed by construction
13 contractors.
14 (b) Nothing in this Act shall prevent:
15 (1) Employees, including project representatives,
16 of professional engineers lawfully practicing as sole
17 owners, partnerships or corporations under this Act, from
18 acting under the direct supervision of their employers.
19 (2) The employment of owner's representatives by
20 the owner during the constructing, adding to, or altering
21 of a project, or any parts thereof, provided that such
22 owner's representative shall not have the authority to
23 deviate from the technical submissions without the prior
24 approval of the professional engineer for the project.
25 (3) The practice of officers and employees of the
26 Government of the United States while engaged within this
27 State in the practice of the profession of engineering
28 for the Government.
29 (4) Services performed by employees of a business
30 organization engaged in utility, industrial or
31 manufacturing operations, or by employees of laboratory
32 research affiliates of such business organization which
33 are rendered in connection with the fabrication or
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1 production, sale, and installation of products, systems,
2 or nonengineering services of the business organization
3 or its affiliates.
4 (5) Inspection, maintenance and service work done
5 by employees of the State of Illinois, any political
6 subdivision thereof or any municipality.
7 (6) The activities performed by those ordinarily
8 designated as chief engineer of plant operation, chief
9 operating engineer, locomotive, stationary, marine, power
10 plant or hoisting and portable engineers, electrical
11 maintenance or service engineers, personnel employed in
12 connection with construction, operation or maintenance of
13 street lighting, traffic control signals, police and fire
14 alarm systems, waterworks, steam, electric, and sewage
15 treatment and disposal plants, or the services ordinarily
16 performed by any worker regularly employed as a
17 locomotive, stationary, marine, power plant, or hoisting
18 and portable engineer or electrical maintenance or
19 service engineer for any corporation, contractor or
20 employer.
21 (7) The activities performed by a person ordinarily
22 designated as a supervising engineer or supervising
23 electrical maintenance or service engineer who supervises
24 the operation of, or who operates, machinery or
25 equipment, or who supervises construction or the
26 installation of equipment within a plant which is under
27 such person's immediate supervision.
28 (8) The services, for private use, of contractors
29 or owners in the construction of engineering works or the
30 installation of equipment.
31 (c) No officer, board, commission, or other public
32 entity charged with the enforcement of codes and ordinances
33 involving a professional engineering project shall accept for
34 filing or approval any technical submissions that do not bear
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1 the seal and signature of a professional engineer licensed
2 under this Act.
3 (d) Nothing contained in this Section imposes upon a
4 person licensed under this Act the responsibility for the
5 performance of any of the foregoing functions unless such
6 person specifically contracts to provide it.
7 (Source: P.A. 86-667; 86-1475.)
8 (225 ILCS 325/4) (from Ch. 111, par. 5204)
9 Sec. 4. Definitions. As used in this Act:
10 (a) "Approved engineering curriculum" means an
11 engineering curriculum of 4 academic years or more which
12 meets the standards established by the rules of the
13 Department.
14 (b) "Board" means the State Board of Professional
15 Engineers of the Department of Professional Regulation,
16 previously known as the Examining Committee.
17 (c) "Department" means the Department of Professional
18 Regulation.
19 (d) "Design professional" means an architect, structural
20 engineer or professional engineer practicing in conformance
21 with the Illinois Architecture Practice Act of 1989, the
22 Structural Engineering Practice Licensing Act of 1989 or the
23 Professional Engineering Practice Act of 1989.
24 (e) "Director" means the Director of Professional
25 Regulation.
26 (f) "Direct supervision/responsible charge" means work
27 prepared under the control of a licensed professional
28 engineer or that work as to which that professional engineer
29 has detailed professional knowledge.
30 (g) "Engineering college" means a school, college,
31 university, department of a university or other educational
32 institution, reputable and in good standing in accordance
33 with rules prescribed by the Department, and which grants
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1 baccalaureate degrees in engineering.
2 (h) "Engineering system or facility" means a system or
3 facility whose design is based upon the application of the
4 principles of science for the purpose of modification of
5 natural states of being.
6 (i) "Engineer intern" means a person who is a candidate
7 for licensure as a professional engineer and who has been
8 enrolled as an engineer intern.
9 (j) "Enrollment" means an action by the Department to
10 record those individuals who have met the Board's
11 requirements for an engineer intern.
12 (k) "License" means an official document issued by the
13 Department to an individual, a corporation, or a partnership,
14 a professional service corporation, a limited liability
15 company, or a sole proprietorship, signifying authority to
16 practice.
17 (l) "Negligence in the practice of professional
18 engineering" means the failure to exercise that degree of
19 reasonable professional skill, judgment and diligence
20 normally rendered by professional engineers in the practice
21 of professional engineering.
22 (m) "Professional engineer" means a person licensed
23 under the laws of the State of Illinois to practice
24 professional engineering.
25 (n) "Professional engineering" means the application of
26 science to the design of engineering systems and facilities
27 using the knowledge, skills, ability and professional
28 judgment developed through professional engineering
29 education, training and experience.
30 (o) "Professional engineering practice" means the
31 consultation on, conception, investigation, evaluation,
32 planning, and design of, and selection of materials and
33 methods to be used in, administration of construction
34 contracts for, or site observation of an engineering system
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1 or facility, where such consultation, conception,
2 investigation, evaluation, planning, design, selection,
3 administration, or observation requires extensive knowledge
4 of engineering laws, formulae, materials, practice, and
5 construction methods. A person shall be construed to
6 practice or offer to practice professional engineering,
7 within the meaning and intent of this Act, who practices, or
8 who, by verbal claim, sign, advertisement, letterhead, card,
9 or any other way, is represented to be a professional
10 engineer, or through the use of the initials "P.E." or the
11 title "engineer" or any of its derivations or some other
12 title implies licensure as a professional engineer, or holds
13 himself out as able to perform any service which is
14 recognized as professional engineering practice.
15 Examples of the practice of professional engineering
16 include, but need not be limited to, transportation
17 facilities and publicly owned utilities for a region or
18 community, railroads, railways, highways, subways, canals,
19 harbors, river improvements; irrigation works; aircraft,
20 airports and landing fields; waterworks, piping systems and
21 appurtenances, sewers, sewage disposal works; plants for the
22 generation of power; devices for the utilization of power;
23 boilers; refrigeration plants, air conditioning systems and
24 plants; heating systems and plants; plants for the
25 transmission or distribution of power; electrical plants
26 which produce, transmit, distribute, or utilize electrical
27 energy; works for the extraction of minerals from the earth;
28 plants for the refining, alloying or treating of metals;
29 chemical works and industrial plants involving the use of
30 chemicals and chemical processes; plants for the production,
31 conversion, or utilization of nuclear, chemical, or radiant
32 energy; forensic engineering, geotechnical engineering
33 including, subsurface investigations; soil classification,
34 geology and geohydrology, incidental to the practice of
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1 professional engineering; energy analysis, environmental
2 design, hazardous waste mitigation and control; recognition,
3 measurement, evaluation and control of environmental systems
4 and emissions; automated building management systems; or the
5 provision of professional engineering site observation of the
6 construction of works and engineering systems. Nothing
7 contained in this Section imposes upon a person licensed
8 under this Act the responsibility for the performance of any
9 of the foregoing functions unless such person specifically
10 contracts to provide it.
11 (p) "Project representative" means the professional
12 engineer's representative at the project site who assists in
13 the administration of the construction contract.
14 (q) "Registered" means the same as "licensed" for
15 purposes of this Act.
16 (r) "Related science curriculum" means a 4 year program
17 of study, the satisfactory completion of which results in a
18 Bachelor of Science degree, and which contains courses from
19 such areas as life, earth, engineering and computer sciences,
20 including but not limited to, physics and chemistry. In the
21 study of these sciences, the objective is to acquire
22 fundamental knowledge about the nature of its phenomena,
23 including quantitative expression, appropriate to particular
24 fields of engineering.
25 (s) "Rules" means those rules promulgated pursuant to
26 this Act.
27 (t) "Seal" means the seal in compliance with Section 14
28 of this Act.
29 (u) "Site observation" is visitation of the construction
30 site for the purpose of reviewing, as available, the quality
31 and conformance of the work to the technical submissions as
32 they relate to design.
33 (v) "Support design professional" means a professional
34 engineer practicing in conformance with the Professional
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1 Engineering Practice Act of 1989, who provides services to
2 the design professional who has contract responsibility.
3 (w) "Technical submissions" means designs, drawings, and
4 specifications which establish the standard of quality for
5 materials, workmanship, equipment, and the construction
6 systems, studies, and other technical reports prepared in the
7 course of a design professional's practice.
8 (Source: P.A. 88-372.)
9 (225 ILCS 325/5) (from Ch. 111, par. 5205)
10 Sec. 5. Powers and duties of the Department. Subject to
11 the provisions of this Act, the Department shall exercise the
12 following functions, powers and duties:
13 (a) To pass upon the qualifications and conduct
14 examinations of applicants for licensure as professional
15 engineers or enrollment as engineer interns and pass upon the
16 qualifications of applicants by endorsement and issue a
17 license or enrollment to those who are found to be fit and
18 qualified;
19 (b) To prescribe rules for the method, conduct and
20 grading of the examination of applicants;
21 (c) To license corporations, and partnerships,
22 professional service corporations, limited liability
23 companies, and sole proprietorships for the practice of
24 professional engineering and issue a license to those who
25 qualify;
26 (d) To conduct investigations and hearings regarding
27 violations of this Act and take disciplinary or other actions
28 as provided in this Act as a result of the proceedings;
29 (e) To prescribe rules as to what shall constitute an
30 engineering or related science curriculum and to determine if
31 a specific engineering curriculum is in compliance with the
32 rules, and to terminate the approval of a specific
33 engineering curriculum for non-compliance with such rules;
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1 (f) To promulgate rules required for the administration
2 of this Act, including rules of professional conduct;
3 (g) To maintain membership in the National Council of
4 Examiners for Engineering and Surveying and participate in
5 activities of the Council by designation of individuals for
6 the various classifications of membership, the appointment of
7 delegates for attendance at zone and national meetings of the
8 Council, and the funding of the delegates for attendance at
9 the meetings of the Council; and
10 (h) To obtain written recommendations from the Board
11 regarding qualifications of individuals for licensure and
12 enrollment, definitions of curriculum content and approval of
13 engineering curricula, standards of professional conduct and
14 formal disciplinary actions, and the promulgation of the
15 rules affecting these matters.
16 Prior to issuance of any final decision or order that
17 deviates from any report or recommendations of the Board
18 relating to the qualification of applicants, discipline of
19 licensees or registrants, or promulgation of rules, the
20 Director shall notify the Board in writing with an
21 explanation of any such deviation and provide a reasonable
22 time for the Board to submit written comments to the Director
23 regarding the proposed action. In the event that the Board
24 fails or declines to submit such written comments within 30
25 days of said notification, the Director may issue a final
26 decision or orders consistent with the Director's original
27 decision. The Department may at any time seek the expert
28 advice and knowledge of the Board on any matter relating to
29 the enforcement of this Act.
30 None of the functions, powers or duties enumerated in
31 this Section shall be exercised by the Department except upon
32 the action and report in writing of the Board.
33 (Source: P.A. 89-61, eff. 6-30-95.)
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1 (225 ILCS 325/6) (from Ch. 111, par. 5206)
2 Sec. 6. Composition, qualifications and terms of the
3 Board. (a) The Board shall be appointed by the Director and
4 shall consist of 10 members, one of whom shall be a public
5 member and 9 of whom shall be professional engineers licensed
6 under this Act. In addition each member who is a
7 professional engineer shall:
8 (1) be a citizen of the United States, and
9 (2) be a resident of this State.
10 (b) In addition, each member who is a professional
11 engineer shall:
12 (1) have not less than 12 years of experience in the
13 practice of professional engineering, and shall hold an
14 active license as a professional engineer in Illinois;
15 (2) have been in charge of professional engineering work
16 for at least 5 years. For the purposes of this Section, any
17 period in which a person has been in charge of teaching
18 engineering in an engineering college with the rank of
19 assistant professor or higher shall be considered as time in
20 which such person was in charge of professional engineering
21 work.
22 The terms for all members shall be for 5 years. On the
23 expiration of the term of any member or in the event of a
24 vacancy, the Director shall appoint a member who shall hold
25 office until the expiration of the term for which the member
26 is appointed and until a successor has been appointed and
27 qualified.
28 No member shall be reappointed to the Board for a term
29 which would cause that individual's continuous service on the
30 Board to be longer than 15 successive years.
31 In implementing the 5 year terms, the Director shall vary
32 the terms to enable the Board to have no more than 2 terms
33 expire in any one year.
34 The public member shall not be an employee of the State
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1 of Illinois. The public member shall be an Illinois resident
2 and a citizen of the United States.
3 In making appointments to the Board, the Director shall
4 give due consideration to recommendations by members of the
5 profession and by organizations therein.
6 The Director may remove any member of the Board for
7 misconduct, incompetence, neglect of duty or for reasons
8 prescribed by law for removal of State officials.
9 The Director may remove a member of the Board who does
10 not attend 2 consecutive meetings. An appointment to fill a
11 vacancy thus created shall be to fill the unexpired term of
12 office and shall be in accordance with this Section.
13 A quorum of the Board shall consist of not less than 6
14 members. a majority of Board members appointed. Majority
15 vote of the quorum is required for Board decisions.
16 Each member of the Board shall receive compensation when
17 attending Board meetings or meetings approved by the Director
18 and shall be reimbursed for all actual traveling expenses.
19 Members of the Board shall be immune from suit in any
20 action based upon any disciplinary proceedings or other
21 activities performed in good faith as members of the Board.
22 Persons holding office as members of the Board
23 immediately prior to the effective date of this Act under the
24 Act repealed herein shall continue as members of the Board
25 until the expiration of the term for which they were
26 appointed and until their successors are appointed and
27 qualified.
28 (Source: P.A. 86-667.)
29 (225 ILCS 325/7) (from Ch. 111, par. 5207)
30 Sec. 7. Powers and duties of the Board. Subject to the
31 provisions of this Act, the Board shall exercise the
32 following functions, powers and duties:
33 (a) Review education and experience qualifications
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1 of applicants, including conducting oral interviews as
2 deemed necessary by the Board, to determine eligibility
3 as an engineer intern or professional engineer and submit
4 to the Director written recommendations on applicant
5 qualifications for enrollment and licensure;
6 (b) The Board may appoint a subcommittee to serve
7 as a Complaint Committee to recommend the disposition of
8 case files according to procedures established by rule;
9 (c) Conduct hearings regarding disciplinary actions
10 and submit a written report and recommendations to the
11 Director as required by this Act and to provide a Board
12 member at informal conferences;
13 (d) Make visits to universities or colleges to
14 evaluate engineering curricula or to otherwise evaluate
15 engineering curricula and submit to the Director a
16 written recommendation of acceptability of a curriculum;
17 (e) Submit a written recommendation to the Director
18 concerning promulgation of rules as required in Section 5
19 and to recommend to the Director any rules or amendments
20 thereto for the administration of this Act;
21 (f) Hold at least 3 regular meetings each year; and
22 .
26 (h) Submit written comments to the Director within
27 30 days from notification of any final decision or order
28 from the Director that deviates from any report or
29 recommendation of the Board relating to the qualification
30 of applicants, discipline of licensees or registrants, or
31 promulgation of rules.
32 Prior to issuance of any final decision or order which
33 deviates from any report or recommendation of the Board
34 relating to the qualification of applicants, discipline of
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1 licensees or registrants, or promulgation of rules, the
2 Director shall notify the Board and the Secretary of State in
3 writing with an explanation of any such deviation and provide
4 a reasonable time for the Board to submit written comments to
5 the Director regarding the proposed action. In the event
6 that the Board fails or declines to submit such written
7 comments within 30 days of said notification, the Director
8 may issue a final decision or order consistent with the
9 Director's original decision. The Department may at any time
10 seek the expert advice and knowledge of the Board on any
11 matter relating to the enforcement of this Act.
12 (Source: P.A. 88-428.)
13 (225 ILCS 325/8) (from Ch. 111, par. 5208)
14 Sec. 8. Applications for licensure. (a) Applications
15 for licensure shall (1) be on forms prescribed and furnished
16 by the Department, (2) contain statements made under oath
17 showing the applicant's education and a detailed summary of
18 the applicant's technical work, and (3) contain references as
19 required by the Department.
20 (b) Applicants shall have obtained the education and
21 experience as required in Section 10 or Section 11 prior to
22 submittal of application for examination, except as provided
23 in subsection (b) of Section 11. Allowable experience shall
24 commence at the date of the baccalaureate degree, except:
25 (1) Credit for one year of experience shall be given for
26 a graduate of a baccalaureate curriculum providing a
27 cooperative program, which is supervised industrial or field
28 experience of at least one academic calendar year which
29 alternates with periods of full-time academic training, when
30 such program is certified by the university, or
31 (2) Credit shall be given for professional engineering
32 experience as defined by rule for employment prior to receipt
33 of a baccalaureate degree if the employment is full-time
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1 while the applicant takes 8 or more years (16 semesters or 24
2 quarters minimum) as a part-time student to earn the degree
3 concurrent with the employment.
4 The Board may conduct oral interviews of any applicant
5 under Sections 10, 11 or 19 to assist in the evaluation of
6 the qualifications of the applicant.
7 It is the responsibility of the applicant to supplement
8 the application, when requested by the Board, by provision of
9 additional documentation of education, including transcripts,
10 course content and credentials of the engineering college or
11 college granting related science degrees, or of work
12 experience to permit the Board to determine the
13 qualifications of the applicant. The Department may require
14 an applicant, at the applicant's expense, to have an
15 evaluation of the applicant's education in a foreign country
16 by a nationally recognized educational body approved by the
17 Board in accordance with rules prescribed by the Department.
18 An applicant who graduated from an engineering program
19 outside the United States or its territories and whose first
20 language is not English shall submit certification of passage
21 of the Test of English as a Foreign Language (TOEFL) and the
22 Test of Spoken English (TSE) as defined by rule before taking
23 the licensure examination.
24 (Source: P.A. 89-61, eff. 6-30-95.)
25 (225 ILCS 325/10) (from Ch. 111, par. 5210)
26 Sec. 10. Minimum standards for examination for licensure
27 as professional engineer. To qualify for licensure as a
28 professional engineer each applicant shall be:
29 (a) A graduate of an approved engineering curriculum of
30 at least 4 years who submits acceptable evidence to the Board
31 of an additional 4 years or more of experience in engineering
32 work of a grade and character which indicate that the
33 individual may be competent to practice professional
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1 engineering, and who then passes a nominal 8-hour written
2 examination in the fundamentals of engineering, and a nominal
3 8-hour written examination in the principles and practice of
4 engineering. Upon passing both examinations, the applicant,
5 if otherwise qualified, shall be granted a license to
6 practice professional engineering in this State; or
7 (b) A graduate of a non-approved engineering curriculum
8 or a related science curriculum of at least 4 years and
9 meeting the requirements as set forth by rule, who submits
10 acceptable evidence to the Board of an additional 8 years or
11 more of experience in engineering work of a grade and
12 character which indicate that the individual may be competent
13 to practice professional engineering, and who then passes a
14 nominal 8-hour written examination in the fundamentals of
15 engineering and a nominal 8-hour written examination in the
16 principles and practice of engineering. Upon passing both
17 examinations, the applicant, if otherwise qualified, shall be
18 granted a license to practice professional engineering in
19 this State; or
20 (c) An engineer intern who meets the education and
21 experience qualifications of subsection (a) or (b) of this
22 Section and has passed the nominal 8-hour written examination
23 in the fundamentals of engineering, by application and
24 payment of the required fee, may then take the nominal 8-hour
25 written examination in the principles and practice of
26 engineering. Upon passing that examination, the applicant,
27 if otherwise qualified, shall be granted a license to
28 practice professional engineering in this State.
29 (d) When considering an applicant's qualifications for
30 licensure under this Act, the Department may take into
31 consideration whether an applicant has engaged in conduct or
32 actions that would constitute a violation of the Standards of
33 Professional Conduct for this Act as provided for by
34 administrative rules.
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1 (Source: P.A. 89-61, eff. 6-30-95.)
2 (225 ILCS 325/12) (from Ch. 111, par. 5212)
3 Sec. 12. Educational credits or teaching as equivalent
4 of experience. (a) After earning an acceptable baccalaureate
5 degree as required by subsection (a) or (b) of Section 10
6 in engineering or related science and upon completion of a
7 Master's degree in engineering, the applicant may receive one
8 year of experience credit. Upon completion of a Ph.D. in
9 engineering, an applicant may receive an additional year
10 experience credit for a maximum of 2 years.
11 (b) Teaching engineering subjects in an engineering
12 college is considered experience in engineering.
13 (c) (Blank). For an individual applying for licensure as
14 a professional engineer under subsection (a) or (b) of
15 Section 10, the examination for the fundamentals of
16 engineering shall be waived, if application is made before
17 January 1, 1994, for those individuals who have:
18 (1) a doctoral degree from an approved graduate
19 engineering program, and
20 (2) demonstrated, in accordance with standards set by
21 rule, a broad knowledge of the fundamentals of engineering,
22 by course work gained either in a baccalaureate, masters, or
23 doctoral program.
24 (Source: P.A. 86-667.)
25 (225 ILCS 325/14) (from Ch. 111, par. 5214)
26 Sec. 14. Seal. Every professional engineer shall have a
27 seal or stamp, the print impression of which shall be
28 reproducible and contain the name of the professional
29 engineer, the professional engineer's license number, and the
30 words "Licensed Registered Professional Engineer of
31 Illinois". Any reproducible seal or stamp heretofore
32 authorized under the laws of this state for use by a
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1 professional engineer, including those with the words
2 "Registered Professional Engineer of Illinois", shall serve
3 the same purpose as the seal provided for by this Act. When
4 technical submissions are prepared utilizing a computer or
5 other electronic means, the seal may be generated by the
6 computer. Signatures generated by computer shall not be
7 permitted.
8 The professional engineer who has contract responsibility
9 shall seal a cover sheet of the technical submissions, and
10 those individual portions of the technical submissions for
11 which the professional engineer is legally and professionally
12 responsible. The professional engineer practicing as the
13 support design professional shall seal those individual
14 portions of technical submissions for which the professional
15 engineer is legally and professionally responsible.
16 The use of a professional engineer's seal on technical
17 submissions constitutes a representation by the professional
18 engineer that the work has been prepared by or under the
19 personal supervision of the professional engineer or
20 developed in conjunction with the use of accepted engineering
21 standards. The use of the seal further represents that the
22 work has been prepared and administered in accordance with
23 the standards of reasonable professional skill and diligence.
24 It is unlawful to affix one's seal to technical
25 submissions if it masks the true identity of the person who
26 actually exercised direction, control and supervision of the
27 preparation of such work. A professional engineer who seals
28 and signs technical submissions is not responsible for damage
29 caused by subsequent changes to or uses of those technical
30 submissions, where the subsequent changes or uses, including
31 changes or uses made by State or local governmental agencies,
32 are not authorized or approved by the professional engineer
33 who originally sealed and signed the technical submissions.
34 (Source: P.A. 88-372.)
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1 (225 ILCS 325/15) (from Ch. 111, par. 5215)
2 Sec. 15. Technical submissions. All technical
3 submissions prepared by or under the personal supervision of
4 a professional engineer shall bear that professional
5 engineer's seal, signature, and license expiration date. The
6 licensee's written signature and date of signing, along with
7 the date of license expiration, shall be placed adjacent to
8 the seal. Computer generated signatures are not permitted.
9 All technical submissions intended for use in
10 construction in the State of Illinois shall be prepared and
11 administered in accordance with standards of reasonable
12 professional skill and diligence. Care shall be taken to
13 reflect the requirements of State statutes and, where
14 applicable, county and municipal ordinances in such
15 documents. In recognition that professional engineers are
16 licensed for the protection of the public health, safety and
17 welfare, documents shall be of such quality and scope, and be
18 so administered as to conform to professional standards.
19 (Source: P.A. 89-61, eff. 6-30-95.)
20 (225 ILCS 325/17.5 new)
21 Sec. 17.5. Continuing education. The Department may
22 promulgate rules of continuing education for persons licensed
23 under this Act. The Department shall consider the
24 recommendations of the Board in establishing the guidelines
25 for the continuing education requirements. The requirements
26 of this Section apply to any person seeking renewal or
27 restoration under Section 17 or 18 of this Act.
28 (225 ILCS 325/20) (from Ch. 111, par. 5220)
29 Sec. 20. Fees.
30 (a) The Department shall provide by rule for a schedule
31 of fees to be paid for licenses by all applicants. All fees
32 are not refundable.
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1 (b) The fees for the administration and enforcement of
2 this Act, including but not limited to original licensure,
3 renewal, and restoration, shall be set by rule by the
4 Department. The following fees are not refundable:
5 (a) Certificate of engineer intern.
6 (1) The fee for application for a certificate of
7 enrollment is $20.
8 (2) In addition, applicants for any examination
9 shall be required to pay, either to the Department or to
10 the designated testing service, a fee covering the cost
11 of providing the examination. Failure to appear for the
12 examination on the scheduled date, at the time and place
13 specified, after the applicant's application for each
14 examination has been received and acknowledged by the
15 Department or the designated testing service, shall
16 result in the forfeiture of the examination fee.
17 (b) Certificate of professional engineer.
18 (1) The fee for application for a license by
19 examination is $100.
20 (2) In addition, applicants for any examination
21 shall be required to pay, either to the Department or to
22 the designated testing service, a fee covering the cost
23 of providing the examination. Failure to appear for the
24 examination on the scheduled date, at the time and place
25 specified, after the applicant's application for each
26 examination has been received and acknowledged by the
27 Department or the designated testing service, shall
28 result in the forfeiture of the examination fee.
29 (3) The fee for application for a license by
30 endorsement for a professional engineer registered or
31 licensed under the laws of another state or territory of
32 the United States or of a foreign country or province is
33 $100.
34 (4) The biennial fee for the renewal of a license
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1 shall be $60.
2 (5) The fee for application for the restoration of
3 a license other than from inactive status is $10 plus
4 payment of all lapsed renewal fees.
5 (c) Professional design firm registration fees.
6 (1) The fee for application for a certificate of
7 registration as a professional design firm is $75.
8 (2) The biennial fee for renewal of a certificate
9 of registration as a professional design firm shall be
10 $75.
11 (d) General fees.
12 (1) The fee for the issuance of a duplicate
13 license, for the issuance of a replacement license for a
14 license which has been lost or destroyed or for the
15 issuance of a license with a change of name or address
16 other than during the renewal period is $20. No fee is
17 required for name and address changes on Department
18 records when no duplicate license is issued.
19 (2) The fee for a certification of a registrant's
20 record for any purpose is $20.
21 (3) The fee for retabulating the numerical score of
22 an examination is the cost to the Department of
23 retabulating the examination, plus any fees charged by
24 the applicable testing service to have the examination
25 retabulated.
26 (4) The fee for a wall certificate showing
27 licensure is the actual cost of producing such a
28 certificate.
29 (5) The fee for a roster of persons licensed as
30 professional engineers and of professional design firms
31 in this State is the actual cost of producing such a
32 roster.
33 (e) Any person who delivers a check or other payment to
34 the Department that is returned to the Department unpaid by
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1 the financial institution upon which it is drawn shall pay to
2 the Department, in addition to the amount already owed to the
3 Department, a fine of $50. If the check or other payment was
4 for a renewal or issuance fee and that person practices
5 without paying the renewal fee or issuance fee and the fine
6 due, an additional fine of $100 shall be imposed. The fines
7 imposed by this Section are in addition to any other
8 discipline provided under this Act for unlicensed practice or
9 practice on a nonrenewed license. The Department shall
10 notify the person that payment of fees and fines shall be
11 paid to the Department by certified check or money order
12 within 30 calendar days of the notification. If, after the
13 expiration of 30 days from the date of the notification, the
14 person has failed to submit the necessary remittance, the
15 Department shall automatically terminate the license or
16 certificate or deny the application, without hearing. If,
17 after termination or denial, the person seeks a license or
18 certificate, he or she shall apply to the Department for
19 restoration or issuance of the license or certificate and pay
20 all fees and fines due to the Department. The Department may
21 establish a fee for the processing of an application for
22 restoration of a license or certificate to pay all expenses
23 of processing this application. The Director may waive the
24 fines due under this Section in individual cases where the
25 Director finds that the fines would be unreasonable or
26 unnecessarily burdensome.
27 (c)(f) Disposition of fees and fines collected. All the
28 fees and fines collected pursuant to this Section shall be
29 deposited in the Design Professionals Administration and
30 Investigation Fund. Of the moneys deposited into the Design
31 Professionals Administration and Investigation Fund, the
32 Department may use such funds as necessary and available to
33 produce and distribute newsletters to persons licensed under
34 this Act.
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1 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
2 eff. 6-30-95; 89-235, eff. 8-4-95.)
3 (225 ILCS 325/23) (from Ch. 111, par. 5223)
4 Sec. 23. Professional design firm registration.
5 (a) Nothing in this Act shall prohibit the formation,
6 under the provisions of the Professional Service Corporation
7 Act, as amended, of a corporation to practice professional
8 engineering.
9 Any business, including a Professional Service
10 Corporation, that not formed under the provisions of the
11 Professional Service Corporation Act and not registered as
12 such with the Department, and which includes within its
13 stated purposes or practices, or holds itself out as
14 available to practice, professional engineering, shall be
15 registered with the Department pursuant to the provisions set
16 forth in this Section.
17 Any sole proprietorship not owned and operated by an
18 Illinois licensed design professional licensed under this Act
19 shall be prohibited from offering professional engineering
20 services to the public. Any sole proprietorship owned and
21 operated by a professional engineer with an active license
22 issued under this Act and conducting or transacting such
23 business under an assumed name in accordance with the
24 provisions of the Assumed Business Name Act shall comply with
25 the registration requirements of a professional design firm.
26 Any sole proprietorship owned and operated by a professional
27 engineer with an active license issued under this Act and
28 conducting or transacting such business under the real name
29 of the sole proprietor is exempt from the registration
30 requirements of a professional design firm. "Illinois
31 licensed design professional" means a person who holds an
32 active license as a professional engineer under this Act, as
33 an architect under the Illinois Architecture Practice Act of
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1 1989, or as a structural engineer under the Structural
2 Engineering Practice Licensing Act of 1989.
3 (b) Any professional design firm seeking to be
4 registered pursuant to the provisions of this Section shall
5 not be registered unless one or more managing agents in
6 charge of professional engineering activities in this State
7 are designated by the professional design firm. Each
8 managing agent must at all times maintain a valid, active
9 license to practice professional engineering in Illinois.
10 No individual whose license to practice professional
11 engineering in this State is currently in a suspended or
12 revoked status shall act as a managing agent for a
13 professional design firm.
14 (c) Any business seeking to be registered under this
15 Section shall make application on a form provided by the
16 Department and shall provide such information as requested by
17 the Department, which shall include, but not be limited to:
18 (1) the name and license number of the person
19 designated as the managing agent in responsible charge of
20 the practice of professional engineering in Illinois. In
21 the case of a corporation, the corporation shall also
22 submit a certified copy of the resolution by the board of
23 directors designating the managing agent. In the case of
24 a limited liability company, the company shall submit a
25 certified copy of either its articles of organization or
26 operating agreement designating the managing agent;
27 (2) the names and license numbers of the directors,
28 in the case of a corporation, the members, in the case of
29 a limited liability company, or general partners, in the
30 case of a partnership;
31 (3) a list of all office locations at which the
32 professional design firm provides professional
33 engineering services to the public; and
34 (4) a list of all assumed names of the business.
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1 Nothing in this Section shall be construed to exempt a
2 professional design firm, sole proprietorship, or
3 professional service corporation from compliance with the
4 requirements of the Assumed Business Name Act.
5 It is the responsibility of the professional design firm
6 to provide the Department notice, in writing, of any changes
7 in the information requested on the application.
8 (d) The Department shall issue to each business a
9 certificate of registration to practice professional
10 engineering or offer the services of its licensees in this
11 State upon submittal of a proper application for registration
12 and payment of fees. The expiration date and renewal period
13 for each registration and renewal procedures shall be
14 established by rule.
15 (e) In the event a managing agent is terminated or
16 terminates his or her status as managing agent of the
17 professional design firm, the managing agent and professional
18 design firm shall notify the Department of this fact in
19 writing, by certified mail, within 10 business days of such
20 termination. Thereafter, the professional design firm, if it
21 has so informed the Department, shall have 30 days in which
22 to notify the Department of the name and license number of a
23 newly designated managing agent. If a corporation, the
24 corporation shall also submit a certified copy of a
25 resolution by the board of directors designating the new
26 managing agent. If a limited liability company, the company
27 shall also submit a certified copy of either its articles of
28 organization or operating agreement designating the new
29 managing agent. The Department may, upon good cause shown,
30 extend the original 30 day period.
31 If the professional design firm has not notified the
32 Department in writing, by certified mail within the specified
33 time, the registration shall be terminated without prior
34 hearing. Notification of termination shall be sent by
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1 certified mail to the last known address of the business. If
2 the professional design firm continues to operate and offer
3 professional engineering services after the termination, the
4 Department may seek prosecution under Sections 24, 39, and 40
5 of this Act for the unlicensed practice of professional
6 engineering.
7 (f) No professional design firm shall be relieved of
8 responsibility for the conduct or acts of its agent,
9 employees, members, managers, or officers by reason of its
10 compliance with this Section, nor shall any individual
11 practicing professional engineering be relieved of the
12 responsibility for professional services performed by reason
13 of the individual's employment or relationship with a
14 professional design firm registered under this Section.
15 (g) Disciplinary action against a professional design
16 firm registered under this Section shall be administered in
17 the same manner and on the same grounds as disciplinary
18 action against a licensed professional engineer. All
19 disciplinary action taken or pending against a corporation or
20 partnership before the effective date of this amendatory Act
21 of 1993 shall be continued or remain in effect without the
22 Department filing separate actions.
23 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
24 (225 ILCS 325/24) (from Ch. 111, par. 5224)
25 Sec. 24. Rules of professional conduct; Disciplinary
26 action.
27 (a) The Department shall adopt rules setting standards
28 of professional conduct and establish appropriate penalty for
29 the breach of such rules. The Department may, singularly or
30 in combination, refuse to issue, restore, or renew a license
31 or registration, revoke or suspend a license or registration,
32 or place on probation, reprimand, or impose a civil penalty
33 not to exceed $10,000 upon any person, corporation,
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1 partnership, or professional design firm licensed or
2 registered under this Act for any one or combination of the
3 following:
4 (1) Material misstatement in furnishing information
5 to the Department.
6 (2) Failure to comply with any provisions of this
7 Act or any of its rules.
8 (3) Conviction of any crime under the laws of the
9 United States, or any state or territory thereof, which
10 is a felony, whether related to practice or not, or
11 conviction of any crime, whether a felony, misdemeanor,
12 or otherwise, an essential element of which is dishonesty
13 or which is directly related to the practice of
14 engineering.
15 (4) Making any misrepresentation for the purpose of
16 obtaining licensure, or in applying for restoration or
17 renewal; or practice of any fraud or deceit in taking any
18 examination to qualify for licensure under this Act.
19 (5) Purposefully making false statements or signing
20 false statements, certificates, or affidavits to induce
21 payment.
22 (6) Negligence, incompetence or misconduct in the
23 practice of professional engineering as a licensed
24 professional engineer or in working as an engineer
25 intern.
26 (7) Aiding or assisting another person in violating
27 any provision of this Act or its rules.
28 (8) Failing to provide information in response to a
29 written request made by the Department within 30 days
30 after receipt of such written request.
31 (9) Engaging in dishonorable, unethical or
32 unprofessional conduct of a character likely to deceive,
33 defraud or harm the public.
34 (10) Habitual intoxication or addiction to the use
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1 of drugs.
2 (11) Discipline by the United States Government,
3 another state, District of Columbia, territory, foreign
4 nation or government agency, if at least one of the
5 grounds for the discipline is the same or substantially
6 equivalent to those set forth in this Act.
7 (12) Directly or indirectly giving to or receiving
8 from any person, firm, corporation, partnership or
9 association any fee, commission, rebate or other form of
10 compensation for any professional services not actually
11 or personally rendered.
12 (13) A finding by the Board that an applicant or a
13 registrant has failed to pay a fine imposed by the
14 Department, a registrant whose license has been placed on
15 probationary status has violated the terms of probation,
16 or a registrant has practiced on an expired, inactive,
17 suspended, or revoked license.
18 (14) Signing, affixing the professional engineer's
19 seal or permitting the professional engineer's seal to be
20 affixed to any technical submissions not prepared as
21 required by Section 14 or completely reviewed by the
22 professional engineer or under the professional
23 engineer's direct supervision.
24 (15) Physical illness, including but not limited to
25 deterioration through the aging process or loss of motor
26 skill, which results in the inability to practice the
27 profession with reasonable judgment, skill or safety.
28 (16) The making of a statement pursuant to the
29 Environmental Barriers Act that a plan for construction
30 or alteration of a public facility or for construction of
31 a multi-story housing unit is in compliance with the
32 Environmental Barriers Act when such plan is not in
33 compliance.
34 (17) Failing to file a return, or to pay the tax,
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1 penalty or interest shown in a filed return, or to pay
2 any final assessment of tax, penalty or interest as
3 required by a tax Act administered by the Illinois
4 Department of Revenue, until such time as the
5 requirements of any such tax Act are satisfied.
6 (a-5) In enforcing this Section, the Board upon a
7 showing of a possible violation may compel a person licensed
8 to practice under this Act, or who has applied for licensure
9 or certification pursuant to this Act, to submit to a mental
10 or physical examination, or both, as required by and at the
11 expense of the Department. The examining physicians shall be
12 those specifically designated by the Board. The Board or the
13 Department may order the examining physician to present
14 testimony concerning this mental or physical examination of
15 the licensee or applicant. No information shall be excluded
16 by reason of any common law or statutory privilege relating
17 to communications between the licensee or applicant and the
18 examining physician. The person to be examined may have, at
19 his or her own expense, another physician of his or her
20 choice present during all aspects of the examination.
21 Failure of any person to submit to a mental or physical
22 examination, when directed, shall be grounds for suspension
23 of a license until the person submits to the examination if
24 the Board finds, after notice and hearing, that the refusal
25 to submit to the examination was without reasonable cause.
26 If the Board finds a person unable to practice because of
27 the reasons set forth in this Section, the Board may require
28 that person to submit to care, counseling, or treatment by
29 physicians approved or designated by the Board as a
30 condition, term, or restriction for continued, reinstated, or
31 renewed licensure to practice; or, in lieu of care,
32 counseling, or treatment, the Board may recommend to the
33 Department to file a complaint to immediately suspend,
34 revoke, or otherwise discipline the license of the person.
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1 Any person whose license was granted, continued, reinstated,
2 renewed, disciplined, or supervised subject to such terms,
3 conditions, or restrictions and who fails to comply with such
4 terms, conditions, or restrictions shall be referred to the
5 Director for a determination as to whether the person shall
6 have his or her license suspended immediately, pending a
7 hearing by the Board.
8 (b) The determination by a circuit court that a
9 registrant is subject to involuntary admission or judicial
10 admission as provided in the Mental Health and Developmental
11 Disabilities Code, as now or hereafter amended, operates as
12 an automatic suspension. Such suspension will end only upon
13 a finding by a court that the patient is no longer subject to
14 involuntary admission or judicial admission, the issuance of
15 an order so finding and discharging the patient, and the
16 recommendation of the Board to the Director that the
17 registrant be allowed to resume practice.
18 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
19 eff. 6-30-95.)
20 (225 ILCS 325/44) (from Ch. 111, par. 5244)
21 Sec. 44. Fund; appropriations; investments; audits.
22 Moneys deposited in the Design Professionals Administration
23 and Investigation Fund shall be appropriated to the
24 Department exclusively for expenses of the Department and the
25 Board in the administration of this Act, the Illinois
26 Professional Land Surveyor Act of 1989, the Illinois
27 Architecture Practice Act, and the Structural Engineering
28 Practice Licensing Act of 1989. The expenses of the
29 Department under this Act shall be limited to the ordinary
30 and contingent expenses of the Design Professionals Dedicated
31 Employees within the Department as established under Section
32 62.1 of the Civil Administrative Code of Illinois and other
33 expenses related to the administration and enforcement of
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1 this Act.
2 Moneys from the Fund may also be used for direct and
3 allocable indirect costs related to the public purposes of
4 the Department of Professional Regulation. Moneys in the
5 Fund may be transferred to the Professions Indirect Cost Fund
6 as authorized by Section 61e of the Civil Administrative Code
7 of Illinois.
8 Moneys in the Design Professionals Administration and
9 Investigation Fund may be invested and reinvested with all
10 earnings received from the investments to be deposited in the
11 Design Professionals Administration and Investigation Fund
12 and used for the same purposes as fees deposited in the Fund.
13 All fines and penalties under Section 24, and Section 39,
14 Section 42, and Section 43 shall be deposited in the Design
15 Professionals Administration and Investigation Fund.
16 Upon the completion of any audit of the Department as
17 prescribed by the Illinois State Auditing Act that audit
18 includes an audit of the Design Professionals Administration
19 and Investigation Fund, the Department shall make the audit
20 report open to inspection by any interested person. The copy
21 of the audit report required to be submitted to the
22 Department by this Section is in addition to copies of audit
23 reports required to be submitted to other State officers and
24 agencies by Section 3-14 of the Illinois State Auditing Act.
25 (Source: P.A. 89-204, eff. 1-1-96.)
26 (225 ILCS 325/47) (from Ch. 111, par. 5247)
27 Sec. 47. Practice of structural engineering or
28 architecture. No professional engineer shall practice either
29 structural engineering as defined in the Structural
30 Engineering Practice Licensing Act of 1989 or architecture as
31 defined in the Illinois Architecture Practice Act of 1989
32 unless he is licensed pursuant to the provisions of either
33 the Structural Engineering Licensing Act of 1989 or the
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1 Illinois Architecture Practice Act, respectively.
2 (Source: P.A. 86-667; 86-1475.)
3 Section 50. The Illinois Professional Land Surveyor Act
4 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
5 13, 14, 15, 18, 20, 21, 25, 27, and 48 and adding Section
6 18.5 as follows:
7 (225 ILCS 330/4) (from Ch. 111, par. 3254)
8 Sec. 4. Definitions. As used in this Act:
9 (a) "Department" means the Department of Professional
10 Regulation.
11 (b) "Director" means the Director of Professional
12 Regulation.
13 (c) "Board" means the Land Surveyors Licensing Examining
14 Licensing Act of 1989, or the Professional
32 Engineering Practice Act of 1989.
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1 (g) "Professional Land Surveyor" means any person
2 licensed under the laws of the State of Illinois to practice
3 land surveying, as defined by this Act or its rules.
4 (h) "Land Surveyor-in-Training" means any person
5 licensed under the laws of the State of Illinois who has
6 qualified for, taken, and passed an examination in the
7 fundamental land surveyor-in-training subjects as provided by
8 this Act or its rules.
9 (i) "Land surveying experience" means those activities
10 enumerated in Section 5 of this Act, which, when exercised in
11 combination, to the satisfaction of the Board, is proof of an
12 applicant's broad range of training in and exposure to the
13 prevailing practice of land surveying.
14 (Source: P.A. 86-987; 86-1475.)
15 (225 ILCS 330/6) (from Ch. 111, par. 3256)
16 Sec. 6. Powers and duties of the Department. (a) The
17 Department shall exercise the powers and duties prescribed by
18 The Illinois Administrative Procedure Act for the
19 administration of licensing Acts. The Department shall also
20 exercise, subject to the provisions of this Act, the
21 following powers and duties:
22 (1) Conduct or authorize examinations to ascertain the
23 fitness and qualifications of applicants for licensure and
24 issue licenses to those who are found to be fit and
25 qualified.
26 (2) Prescribe rules for a method of examination.
27 (3) Conduct hearings on proceedings to revoke, suspend,
28 or refuse to issue, renew, or restore a license, or other
29 disciplinary actions.
30 (4) Promulgate rules and regulations required for the
31 administration of this Act.
32 (5) License corporations and partnerships for the
33 practice of professional surveying and issue a license to
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1 those who qualify.
2 (6) Prescribe, adopt, and amend rules as to what shall
3 constitute a surveying or related science curriculum,
4 determine if a specific surveying curriculum is in compliance
5 with the rules, and terminate the approval of a specific
6 surveying curriculum for non-compliance with such rules.
7 (7) Maintain membership in the National Council of
8 Engineering Examiners and participate in activities of the
9 Council by designating individuals for the various
10 classifications of membership and appoint delegates for
11 attendance at zone and national meetings of the Council.
12 (8) Obtain written recommendations from the Board
13 regarding qualification of individuals for licensing,
14 definition of curriculum content and approval of surveying
15 curriculums, standards of professional conduct and
16 disciplinary actions, promulgate and amend the rules
17 affecting these matters, and consult with the Board on other
18 matters affecting administration of the Act.
19 (a-5) The Department may promulgate rules for a Code of
20 Ethics and Standards of Practice to be followed by persons
21 licensed under this Act. The Department shall consider the
22 recommendations of the Board in establishing the Code of
23 Ethics and Standards of Practice.
24 (b) The Department shall consult with the Board in
25 promulgating rules. Notice of proposed rulemaking shall be
26 transmitted to the Board and the Department shall review the
27 Board's response and recommendations.
28 (c) The Department shall review the Board's
29 recommendation of the applicants' qualifications. The
30 Director shall notify the Board in writing with an
31 explanation of any deviation from the Board's recommendation.
32 After review of the Director's written explanation of his or
33 her reasons for deviation, the Board shall have the
34 opportunity to comment upon the Director's decision.
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1 Whenever the Director is not satisfied that substantial
2 justice has been done in the revocation or suspension of a
3 license, or other disciplinary action the Director may order
4 re-hearing by the same or other boards.
5 None of the functions, powers or duties enumerated in
6 this Section shall be exercised by the Department except upon
7 the action and report in writing of the Board.
8 (Source: P.A. 86-987.)
9 (225 ILCS 330/7) (from Ch. 111, par. 3257)
10 Sec. 7. Creation of the Board; Composition and
11 qualifications and terms of the Board. The Board shall be
12 appointed by the Director and shall consist of 7 members, one
13 of whom shall be a public member and 6 of whom shall be
14 Professional Land Surveyors. The members shall be residents
15 of Illinois. Each Professional Land Surveyor member shall
16 (a) currently hold a valid Professional Land Surveyor license
17 in Illinois and shall have held the license under this Act or
18 its predecessor for the previous 10 year period, and (b) have
19 not been disciplined within the last 10 year period under
20 this Act or its predecessor. The public member shall not be
21 an employee of the State of Illinois or of the federal
22 government, and shall not be licensed under this Act or any
23 other Act the Department administers.
24 Members shall be appointed who reasonably represent the
25 different geographic areas of Illinois and shall serve for 5
26 year terms, and until their successors are qualified and
27 appointed. The term of the initial appointments shall be as
28 follows: the public member shall be appointed to serve for 3
29 years, 2 land surveyor members shall be appointed to serve
30 for 2 years, 2 land surveyor members shall be appointed to
31 serve for 4 years, and 2 land surveyor members shall be
32 appointed to serve for 5 years, and until their successors
33 are qualified and appointed. A member shall not be eligible
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1 for appointment to more than 2 consecutive 5 year terms.
2 Appointments to fill vacancies shall be made in the same
3 manner as original appointments, for the unexpired portion of
4 the term. Initial terms shall begin on the effective date of
5 this Act. Board members currently appointed under this The
6 Illinois Land Surveyors Act and in office on the effective
7 date of this Act shall continue to hold office until their
8 terms expire and they are replaced initial appointees under
9 this Act are qualified and appointed. All appointments shall
10 be made on the basis of individual professional
11 qualifications with the exception of the public member and
12 shall not be based upon race, sex, or religious or political
13 affiliations.
14 Each member of the Board shall receive compensation when
15 attending to the work of the Board or any of its committees
16 and for time spent in necessary travel. In addition, members
17 shall be reimbursed for actual traveling, incidentals and
18 expenses necessarily incurred in carrying out their duties as
19 members of the Board.
20 The Director shall consider the advice and
21 recommendations of the Board on issues involving standards of
22 professional conduct, discipline and qualifications of the
23 candidates and licensees under this Act.
24 The Director shall make the Board appointments within 90
25 days of any vacancy. The Professional Land Surveyor members
26 shall be selected from a current list of candidates updated
27 by June 1 of each year, as submitted by members of the land
28 surveying profession and by affiliated organizations.
29 Members of the Board shall be immune from suit in any
30 action based upon any disciplinary proceedings or other
31 activities performed in good faith as members of the Board.
32 The Director may remove any member of the Board for
33 misconduct, incompetence, neglect of duty, or for any reason
34 prescribed by law for removal of State Officials or for not
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1 attending 2 consecutive Board meetings.
2 (Source: P.A. 86-987.)
3 (225 ILCS 330/8) (from Ch. 111, par. 3258)
4 Sec. 8. Powers and duties of the Board; quorum. Subject
5 to the provisions of this Act, the Board shall exercise the
6 following functions, powers, and duties:
7 (a) Review education and experience qualifications of
8 applicants to determine eligibility as a Professional Land
9 Surveyor or Land Surveyor-in-Training and submit to the
10 Director written recommendations on applicant qualifications
11 for licensing;
12 (b) Conduct hearings regarding disciplinary actions and
13 submit a written report to the Director as required by this
14 Act and provide a Board member at informal conferences;
15 (c) Visit universities or colleges to evaluate surveying
16 curricula and submit to the Director a written recommendation
17 of acceptability of the curriculum;
18 (d) Submit a written recommendation to the Director
19 concerning promulgation or amendment of rules for the
20 administration of this Act;
21 (e) The Department may at any time seek the expert
22 advice and knowledge of the Board on any matter relating to
23 the enforcement of this Act;
24 (f) The Board may appoint a subcommittee to serve as a
25 Complaint Committee to recommend the disposition of case
26 files according to procedures established by rule;
27 (g) Hold at least 3 regular meetings each year; and
28 (h) The Board shall annually elect a Chairperson and a
29 Vice Chairperson chairman who shall be licensed an Illinois
30 Professional Land Surveyors Surveyor.
31 A quorum of the Board shall consist of a majority of
32 Board members appointed.
33 (Source: P.A. 88-428.)
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1 (225 ILCS 330/10) (from Ch. 111, par. 3260)
2 Sec. 10. Application for original license. Every person
3 who desires to obtain a license shall apply to the Department
4 in writing, upon forms prepared and furnished by the
5 Department. Each application shall contain statements made
6 under oath, showing the applicant's education, a detailed
7 summary of his or her land surveying experience, and
8 verification of the applicant's land surveying experience by
9 the applicant's supervisor who shall be a licensed land
10 surveyor and at least one reference who is a Professional
11 Land Surveyor having personal knowledge of the applicant's
12 land surveying experience and who shall certify the
13 applicant's experience to the satisfaction of the Board, and
14 the application shall be accompanied with the required fee.
15 The Department may require an applicant, at the applicant's
16 expense, to have an evaluation of the applicant's education
17 in a foreign country by a nationally recognized educational
18 body approved by the Board in accordance with rules
19 prescribed by the Department.
20 An applicant who graduated from a land surveying program
21 outside the United States or its territories and whose first
22 language is not English shall submit certification of passage
23 of the Test of English as a Foreign Language (TOEFL) and the
24 Test of Spoken English (TSE) as defined by rule before taking
25 the licensure examination.
26 (Source: P.A. 89-594, eff. 8-1-96.)
27 (225 ILCS 330/12) (from Ch. 111, par. 3262)
28 Sec. 12. Qualifications for licensing.
29 (a) A person is qualified to receive a license as a
30 Professional Land Surveyor and the Department shall issue a
31 license to a person:
32 (1) who has applied in writing in the required form
33 and substance to the Department;
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1 (2) (blank);
2 (3) who is of good moral character;
3 (4) who has been issued a acquired an Illinois
4 license as a Land Surveyor-in-Training;
5 (5) who has at least 4 years of responsible charge
6 experience, subsequent to passage of an examination for
7 licensure as a Land Surveyor-in-Training, verified by a
8 Professional Land Surveyor in responsible charge of land
9 surveying operations under the direct supervision and
10 control of a an Illinois Professional Land Surveyor; and
11 (6) who has passed an examination authorized by the
12 Department to determine his or her fitness to receive a
13 license as a Professional Land Surveyor.
14 (b) A person is qualified to receive a license as a Land
15 Surveyor-in-Training and the Department shall issue a license
16 to a person:
17 (1) who has applied in writing in the required form
18 and substance to the Department;
19 (2) (blank);
20 (3) who is of good moral character;
21 (4) who has the required education and experience
22 in the practice of land surveying as set forth in this
23 Act; and
24 (5) who has passed an examination authorized by the
25 Department to determine his or her fitness to receive a
26 license as a Land Surveyor-in-Training in accordance with
27 this Act.
28 In determining moral character under this Section, the
29 Department may take into consideration whether the applicant
30 has engaged in conduct or actions that would constitute
31 grounds for discipline under this Act any felony conviction
32 or any violation of this Act by the applicant, but such a
33 conviction shall not operate as an absolute bar to licensing.
34 (Source: P.A. 89-387, eff. 8-20-95.)
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1 (225 ILCS 330/13) (from Ch. 111, par. 3263)
2 Sec. 13. Qualifications for examination for Licensed
3 Land Surveyor-in-Training. (a) Applicants for the
4 examination for Land Surveyor-in-Training shall have:
5 (1) a baccalaureate degree in Land Surveying from an
6 accredited college or university;, or a baccalaureate degree
7 in a related science including at least 24 semester hours of
8 land surveying courses from a Board approved curriculum of an
9 accredited institution;
10 (2) a baccalaureate degree in a related science
11 including at least 24 semester hours of land surveying
12 courses from a Board approved curriculum of an accredited
13 institution. a baccalaureate degree in a related science as
14 approved by the Board, from an accredited college or
15 university and 2 years land surveying experience;
16 (3) an associate degree in Land Surveying Technology
17 from an accredited junior college and 3 years land surveying
18 experience;
19 (4) an associate degree in engineering technology from
20 an accredited junior college and 4 years land surveying
21 experience; or
22 (5) a high school diploma or its equivalent and 8 years
23 land surveying experience.
24 Beginning January 1, 1998, an applicant must have a
25 baccalaureate degree in land surveying from an accredited
26 college or university, or a baccalaureate degree in a related
27 science including at least 24 semester hours of land
28 surveying courses from a Board approved curriculum of an
29 accredited institution, to be eligible for licensing as a
30 Land Surveyor-in-Training.
31 (Source: P.A. 86-987.)
32 (225 ILCS 330/14) (from Ch. 111, par. 3264)
33 Sec. 14. License to be displayed. Every holder of a
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1 license as a Professional Land Surveyor or Land
2 Surveyor-in-Training shall display it in a conspicuous
3 location place in his or her principal office, place of
4 business, or place of employment, or any other offices or
5 places of business or employment where the Professional Land
6 Surveyor or Land Surveyor-in-Training regularly practices.
7 (Source: P.A. 86-987.)
8 (225 ILCS 330/15) (from Ch. 111, par. 3265)
9 Sec. 15. Seal. Every Professional Land Surveyor shall
10 have a reproducible seal or facsimile, which may be computer
11 generated, the impression of which shall contain the name of
12 the land surveyor, his or her place of business, the license
13 number, of the Professional Land Surveyor, and the words
14 "Professional Land Surveyor, State of Illinois". A
15 Professional Land Surveyor shall seal or stamp all documents
16 prepared by or under the direct supervision and control of
17 the Professional Land Surveyor. Any seal authorized or
18 approved by the Department under the Illinois Land Surveyors
19 Act shall serve the same purpose as the seal provided for by
20 this Act. Signatures generated by computer shall not be
21 permitted. The licensee's written signature and date of
22 signing along with the date of license expiration shall be
23 placed adjacent to the seal.
24 (Source: P.A. 90-655, eff. 7-30-98.)
25 (225 ILCS 330/18) (from Ch. 111, par. 3268)
26 Sec. 18. Renewal, reinstatement or restoration of
27 license; Persons in military service. The expiration date
28 and renewal period for each license as a Professional Land
29 Surveyor issued under this Act shall be set by rule. The
30 holder of a license may renew such license during the month
31 preceding the expiration date by paying the required fee.
32 Each application for renewal shall be impressed with the
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1 Professional Land Surveyor's seal or stamp.
2 Any Professional Land Surveyor whose license has been
3 inactive expired for less than 5 years is required to pay the
4 current renewal fee and shall have his or her license
5 restored.
6 If the Professional Land Surveyor has not maintained an
7 active practice in another jurisdiction satisfactory to the
8 Department, the Department shall determine, by an evaluation
9 program established by rule, the person's fitness to resume
10 active status and may require that person to successfully
11 complete an examination.
12 A Professional Land Surveyor whose license has been
13 expired for more than 5 years may have the license restored
14 by making application to the Department and filing proof
15 acceptable to the Board of fitness to have the license
16 restored, including, but not limited to, sworn evidence
17 certifying to active practice in another jurisdiction and
18 payment of the required renewal, reinstatement or restoration
19 fee.
20 However, any Professional Land Surveyor whose license
21 expired while engaged (a) in federal service on active duty
22 with the armed forces of the United States, or the State
23 Militia called into active service or training, or (b) in
24 training or education under the supervision of the United
25 States preliminary to induction into the military service,
26 may have a license renewed without paying any lapsed
27 reinstatement or restoration fees upon passing an oral
28 examination by the Board, or without taking any examination,
29 if approved by the Board, if, within 2 years after the
30 termination other than by dishonorable discharge of such
31 service, training, or education, the licensee furnishes the
32 Department with an affidavit to the effect the licensee was
33 so engaged and that the service, training, or education has
34 so terminated.
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1 A license for a Land Surveyor-in-Training is valid for 10
2 years and may not be renewed.
3 (Source: P.A. 86-987.)
4 (225 ILCS 330/18.5 new)
5 Sec. 18.5. Continuing education. The Department may
6 promulgate rules of continuing education for persons licensed
7 under this Act. The Department shall consider the
8 recommendations of the Board in establishing the guidelines
9 for the continuing education requirements. The requirements
10 of this Section apply to any person seeking renewal or
11 restoration under Section 18 or 19 of this Act.
12 (225 ILCS 330/20) (from Ch. 111, par. 3270)
13 Sec. 20. Endorsement. Upon payment of the required fee,
14 an applicant who is a Professional Land Surveyor, a Land
15 Surveyor-in-Training, or registered, or licensed, or
16 otherwise legally recognized as a Land Surveyor under the
17 laws of another state or territory of the United States may
18 be granted a license as an Illinois Professional Land
19 Surveyor by the Department with approval of the Board upon
20 the following conditions:
21 (a) That the applicant meets the requirements for
22 licensing in this State, and that the requirements for
23 licensing or other legal recognition of Land Surveyors in the
24 particular state or territory were, at the date of issuance
25 of the license or certificate, equivalent to the requirements
26 then in effect in the State of Illinois; however, the
27 applicant shall be exempt from the requirements of item (5)
28 of subsection (a) of Section 12 of this Act if he or she (1)
29 applied for a license under this Section between September 1,
30 1996 and October 31, 1996 and (2) has 10 or more years of
31 supervised experience as a land surveyor; and
32 (b) That the applicant passes a jurisdictional
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1 examination to determine the applicant's knowledge of the
2 surveying tasks unique to the State of Illinois and the laws
3 pertaining thereto.
4 (Source: P.A. 90-602, eff. 6-26-98.)
5 (225 ILCS 330/21) (from Ch. 111, par. 3271)
6 Sec. 21. Fees. The following fees are not refundable:
7 (a) The Department shall provide by rule for a schedule
8 of fees to be paid for licenses by all applicants. All fees
9 are not refundable The fee for application for a license as a
10 Land Surveyor-in-Training is $70.
11 (b) The fees for the administration and enforcement of
12 the Act, including but not limited to original licensure,
13 renewal, and restoration, shall be set by rule by the
14 Department The fee for application for a license as a
15 Professional Land Surveyor is $150.
16 (c) All fees and fines collected shall be deposited in
17 the Design Professionals Administration and Investigation
18 Fund. Of the moneys deposited into the Design Professionals
19 Administration and Investigation Fund, the Department may use
20 such funds as necessary to produce and distribute newsletters
21 to persons licensed under this Act The fee for a license for
22 a Professional Land Surveyor registered or licensed under the
23 laws of another state or territory of the United States or of
24 a foreign country or province is $150.
25 (d) The fee for the renewal of a license shall be $60.
26 (e) The fee for the restoration of a license other than
27 from inactive status is $10 plus payment of all lapsed
28 renewal fees, the total fee not to exceed $110.
29 (f) The fee for a certificate of registration as a
30 Professional Land Surveyor Firm is $75.
31 (g) The fee for the renewal of a certificate of
32 registration as a professional land surveying firm shall be
33 $60.
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1 (h) The fee for the issuance of a replacement license,
2 for a license which has been lost or destroyed, or for the
3 issuance of a license with a change of name or address other
4 than during the renewal period is $20. No fee is required
5 for name and address changes on Department records when no
6 duplicate license is issued.
7 (i) The fee for a certification of a licensee's record
8 for any purpose is $20.
9 (j) The fee for an examination to determine preliminary
10 education is $20.
11 (k) The fee for rescoring an examination is the cost to
12 the Department of rescoring the examination, plus any fees
13 charged by the applicable testing service to have the
14 examination rescored.
15 (l) The fee for a wall certificate showing licensure is
16 the actual cost of producing such certificate.
17 (m) The fee for a roster of persons licensed as Land
18 Surveyor-in-Training or Professional Land Surveyor in this
19 State is the actual cost of producing such a roster.
20 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
21 (225 ILCS 330/25) (from Ch. 111, par. 3275)
22 Sec. 25. Professional design land surveying firm
23 registration.
24 (a) Nothing in this Act shall prohibit the formation,
25 under the provisions of the Professional Service Corporation
26 Act, of a corporation to offer the practice of professional
27 land surveying.
28 Any business, including a Professional Service
29 Corporation, that includes within its stated purposes or
30 practices, or holds itself out as available to practice,
31 professional land surveying shall be registered with the
32 Department pursuant to the provisions set forth in this
33 Section.
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1 Any sole proprietorship not owned and operated by an
2 Illinois licensed design professional licensed under this Act
3 shall be prohibited from offering professional land surveyor
4 services to the public. Any sole proprietorship owned and
5 operated by a professional land surveyor with an active
6 license issued under this Act and conducting or transacting
7 such business under an assumed name in accordance with the
8 provisions of the Assumed Business Name Act shall comply with
9 the registration requirements of a professional design firm.
10 Any sole proprietorship owned and operated by a Professional
11 Land Surveyor with an active license issued under this Act
12 and conducting or transacting such business under the real
13 name of the sole proprietor is exempt from the registration
14 requirements of a professional design firm. "Illinois
15 licensed design professional" means a person who holds an
16 active license as a professional engineer under the
17 Professional Engineering Practice Act of 1989, as an
18 architect under the Illinois Architecture Practice Act of
19 1989, as a structural engineer under the Structural
20 Engineering Practice Act of 1989, or as a Professional Land
21 Surveyor under this Act.
22 (b) Any professional design firm seeking to be
23 registered pursuant to the provisions of this Section shall
24 not be registered unless one or more managing agents in
25 charge of land surveyor activities in this State are
26 designated by the professional design firm. Each managing
27 agent must at all times maintain a valid, active license to
28 practice professional land surveying in Illinois.
29 No individual whose license to practice professional land
30 surveying in this State is currently in a suspended or
31 revoked state shall act as a managing agent for a
32 professional design firm.
33 (c) Any business seeking to be registered under this
34 Section shall make application on a form provided by the
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1 Department and shall provide such information as requested by
2 the Department, which shall include, but not be limited to:
3 (1) the name and license number of the person
4 designated as the managing agent in responsible charge of
5 the practice of professional land surveying in Illinois.
6 In the case of a corporation, the corporation shall also
7 submit a certified copy of the resolution by the board of
8 directors designating the managing agent. In the case of
9 a limited liability company, the company shall submit a
10 certified copy of either its articles or organization or
11 operating agreement designating the managing agent;
12 (2) the names and license numbers of the directors,
13 in the case of a corporation, the members, in the case of
14 a limited liability company, or general partners, in the
15 case of a partnership;
16 (3) a list of all office locations at which the
17 professional design firm provides professional land
18 surveying services to the public; and
19 (4) a list of all assumed names of the business.
20 Nothing in this Section shall be construed to exempt a
21 professional design firm, sole proprietorship, or
22 professional service corporation from compliance with the
23 requirements of the Assumed Business Name Act.
24 It is the responsibility of the professional design firm
25 to provide the Department notice, in writing, of any changes
26 in the information requested on the application.
27 (d) The Department shall issue to each business a
28 certificate of registration to practice professional land
29 surveying or offer the services of its licensees in this
30 State upon submittal of a proper application for registration
31 and payment of fees. The expiration date and renewal period
32 for each registration and renewal procedures shall be
33 established by rule.
34 (e) In the event a managing agent is terminated or
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1 terminates his or her status as managing agent of the
2 professional design firm, the managing agent and a
3 professional design firm shall notify the Department of this
4 fact in writing, by certified mail, within 10 business days
5 of such termination. Thereafter, the professional design
6 firm, if it has so informed the Department, shall have 30
7 days in which to notify the Department of the name and
8 licensure number of a newly designated managing agent. If a
9 corporation, the corporation shall also submit a certified
10 copy of a resolution by the board of directors designating
11 the new managing agent. If a limited liability company, the
12 company shall also submit a certified copy of either its
13 articles of organization or operating agreement designating
14 the new managing agent. The Department may, upon good cause
15 shown, extend the original 30 day period.
16 If the professional design firm has not notified the
17 Department in writing, by certified mail within the specified
18 time, the registration shall be terminated without prior
19 hearing. Notification of termination shall be sent by
20 certified mail to the last known address of the business. If
21 the professional design firm continues to operate and offer
22 professional land surveyor services after the termination,
23 the Department may seek prosecution under Sections 27, 43,
24 and 46 of this Act for the unlicensed practice of
25 professional land surveying.
26 (f) No professional design firm shall be relieved of
27 responsibility for the conduct or acts of its agent,
28 employees, members, managers, or officers by reason of its
29 compliance with this Section, nor shall any individual
30 practicing professional land surveying be relieved of the
31 responsibility for professional services performed by reason
32 of the individual's employment or relationship with a
33 professional design firm registered under this Section.
34 (g) Disciplinary action against a professional design
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1 firm registered under this Section shall be administered in
2 the same manner and on the same grounds as disciplinary
3 action against a licensed professional land surveyor. All
4 disciplinary action taken or pending against a corporation or
5 partnership before the effective date of this amendatory Act
6 of 1999 shall be continued or remain in effect without the
7 Department filing separate actions. Upon payment of the
8 required fee the Department shall issue, upon the approval of
9 the Board, without examination, a certificate of registration
10 as a professional land surveying firm to offer the services
11 of its licensed Illinois professional land surveyors to any
12 corporation, partnership, or limited liability company which
13 applies for one in writing if:
14 (1) In a case of a corporation a majority of its
15 officers and board of directors are licensed as
16 professional land surveyors in Illinois.
17 (2) In the case of a limited liability company, a
18 majority of its members are licensed professional land
19 surveyors in Illinois.
20 (3) In the case of a partnership, all members of
21 the partnership are licensed professional land surveyors
22 in Illinois.
23 (b) All surveying by the professional land surveying
24 firm must be done under the direct supervision and control of
25 an officer of a managing agent who holds a license as a
26 professional land surveyor. The managing agent must be
27 designated on the professional land surveying firm
28 application. The managing agent must be:
29 (1) an officer of the corporation;
30 (2) a member of the limited liability company; or
31 (3) a member of the partnership.
32 When a managing agent is terminated or terminates his or
33 her status, the managing agent shall notify the Department in
34 writing by certified mail within 10 business days of the
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1 termination. Thereafter, the professional land surveying firm
2 shall, within 30 days, notify the Department of the name and
3 professional land surveyor's license number of the newly
4 designated managing agent. The Department may, upon good
5 cause, extend the 30 day period. If the professional land
6 surveying firm fails to notify the Department in writing by
7 certified mail within the specified time, the registration
8 shall be terminated without prior hearing. Notification of
9 termination shall be sent by certified mail to the last known
10 address of the business. If the professional land surveying
11 firm continues to operate and offer land surveying services
12 after the termination, the Department may seek prosecution
13 under Sections 27, 43, and 43a of this Act for the unlicensed
14 practice of land surveying.
15 (h) (c) Any professional services corporation, sole
16 proprietorship, or professional design land surveying firm
17 offering land surveying services must have a resident land
18 surveyor overseeing the land surveying practices in each
19 location in which land surveying services are provided.
20 (d) Any sole proprietorship not owned and operated by an
21 Illinois professional land surveyor shall be prohibited from
22 offering land surveying services to the public. Any sole
23 proprietorship owned and operated by a land surveyor with an
24 active license issued under this Act and conducting or
25 transacting such business under an assumed name in accordance
26 with the provisions of the Assumed Business Name Act shall
27 comply with the registration requirements of a professional
28 land surveying firm. Any sole proprietorship owned and
29 operated by a professional land surveyor with an active
30 license issued under this Act and conducting or transacting
31 such business under the real name of the sole proprietor is
32 exempt from the registration requirements of a professional
33 land surveying firm.
34 (e) Disciplinary action against a professional land
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1 surveying firm registered under this Section shall be
2 administered in the same manner and on the same grounds as
3 disciplinary action against a licensed land surveyor. All
4 disciplinary action taken or pending against a corporation or
5 partnership before the effective date of this amendatory Act
6 of 1993 shall be continued or remain in effect without the
7 Department filing separate actions.
8 (f) A professional land surveying firm shall provide
9 notice in writing to the Department of any change in the
10 information requested upon an application.
11 (g) Nothing in this Section shall be construed to exempt
12 a business from compliance with the requirements of the
13 Assumed Business Name Act.
14 (h) Nothing in this Act shall restrict licensees from
15 forming professional service corporations under the
16 provisions of the Professional Service Corporation Act, as
17 now or hereafter amended, and having these corporations
18 licensed for the practice of land surveying.
19 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
20 (225 ILCS 330/27) (from Ch. 111, par. 3277)
21 Sec. 27. Grounds for disciplinary action.
22 (a) The Department may, singularly or in combination,
23 refuse to issue, restore, or renew, or may revoke or suspend
24 a license or registration, or may place on probation,
25 censure, reprimand or impose a civil penalty not to exceed
26 $10,000, upon any person, corporation, partnership, or
27 professional land surveying firm licensed or registered under
28 this Act for any one or combination of the following:
29 (1) material misstatement in furnishing information
30 to the Department;
31 (2) violation, including, but not limited to,
32 neglect or intentional disregard, of this Act, or its
33 rules;
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1 (3) conviction of any crime under the laws of the
2 United States, or any state or territory thereof, which
3 is a felony, whether related to practice or not, or
4 conviction of any crime, whether a felony, misdemeanor,
5 or otherwise, an essential element of which is dishonesty
6 or which is directly related to the practice of land
7 surveying;
8 (4) making any misrepresentation for the purpose of
9 obtaining a license, or in applying for restoration or
10 renewal, or the practice of any fraud or deceit in taking
11 any examination to qualify for licensure under this Act;
12 (5) purposefully making false statements or signing
13 false statements, certificates, or affidavits to induce
14 payment;
15 (6) proof of carelessness, incompetence,
16 negligence, or misconduct in practicing land surveying;
17 (7) aiding or assisting another person in violating
18 any provision of this Act or its rules;
19 (8) failing to provide information in response to a
20 written request made by the Department within 30 days
21 after receipt of such written request;
22 (9) engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud, or harm the public;
25 (10) habitual intoxication or addiction to the use
26 of drugs;
27 (11) discipline by the United States government,
28 another state, District of Columbia, territory, foreign
29 nation or government agency if at least one of the
30 grounds for the discipline is the same or substantially
31 equivalent to those set forth in this Act;
32 (12) directly or indirectly giving to or receiving
33 from any person, firm, corporation, partnership, or
34 association any fee, commission, rebate, or other form of
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1 compensation for any professional services not actually
2 or personally rendered;
3 (12.5) issuing a map or plat of survey where the
4 fee for professional services is contingent on a real
5 estate transaction closing;
6 (13) a finding by the Board that an applicant or
7 licensee has failed to pay a fine imposed by the
8 Department or a licensee whose license has been placed on
9 probationary status has violated the terms of probation;
10 (14) practicing on an expired, inactive, suspended,
11 or revoked license;
12 (15) signing, affixing the Professional Land
13 Surveyor's seal or permitting the Professional Land
14 Surveyor's seal to be affixed to any map or plat of
15 survey not prepared by the Professional Land Surveyor or
16 under the Professional Land Surveyor's direct supervision
17 and control;
18 (16) physical illness, including but not limited to
19 deterioration through the aging process or loss of motor
20 skill, which results in the inability to practice the
21 profession with reasonable judgment, skill, or safety;
22 (17) issuing a check or other guarantee to the
23 order of the Department which is not honored on 2
24 occasions by the financial institution upon which it is
25 drawn because of insufficient funds;
26 (18) failure to adequately supervise or control
27 land surveying operations being performed by
28 subordinates.
29 (a-5) In enforcing this Section, the Board upon a
30 showing of a possible violation may compel a person licensed
31 to practice under this Act, or who has applied for licensure
32 or certification pursuant to this Act, to submit to a mental
33 or physical examination, or both, as required by and at the
34 expense of the Department. The examining physicians shall be
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1 those specifically designated by the Board. The Board or the
2 Department may order the examining physician to present
3 testimony concerning this mental or physical examination of
4 the licensee or applicant. No information shall be excluded
5 by reason of any common law or statutory privilege relating
6 to communications between the licensee or applicant and the
7 examination physician. The person to be examined may have,
8 at his or her own expense, another physician of his or her
9 choice present during all aspects of the examination.
10 Failure of any person to submit to a mental or physical
11 examination, when directed, shall be grounds for suspension
12 of a licensee until the person submits to the examination if
13 the Board finds, after notice and hearing, that the refusal
14 to submit to the examination was without reasonable cause.
15 If the Board finds a person unable to practice because of
16 the reasons set forth in this Section, the Board may require
17 that person to submit to care, counseling, or treatment by
18 physicians approved or designated by the Board as a
19 condition, term, or restriction for continued, reinstated, or
20 renewed licensure to practice; or, in lieu of care,
21 counseling, or treatment, the Board may recommend to the
22 Department to file a complaint to immediately suspend,
23 revoke, or otherwise discipline the license of the person.
24 Any person whose license was granted, continued, reinstated,
25 renewed, disciplined, or supervised subject to such terms,
26 conditions, or restrictions and who fails to comply with such
27 terms, conditions, or restrictions shall be referred to the
28 Director for a determination as to whether the person shall
29 have his or her license suspended immediately, pending a
30 hearing by the Board.
31 (b) The determination by a circuit court that a licensee
32 is subject to involuntary admission or judicial admission as
33 provided in the Mental Health and Developmental Disabilities
34 Code, as now or hereafter amended, operates as an automatic
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1 license suspension. Such suspension will end only upon a
2 finding by a court that the patient is no longer subject to
3 involuntary admission or judicial admission and the issuance
4 of an order so finding and discharging the patient and upon
5 the recommendation of the Board to the Director that the
6 licensee be allowed to resume his or her practice.
7 (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
8 (225 ILCS 330/48) (from Ch. 111, par. 3298)
9 Sec. 48. Fund, appropriations, investments and audits.
10 The moneys deposited in the Design Professionals
11 Administration and Investigation Fund from fines and fees
12 under this Act shall be appropriated to the Department
13 exclusively for expenses of the Department and the Board in
14 the administration of this Act, the Illinois Architecture
15 Practice Act, the Professional Engineering Practice Act of
16 1989, and the Structural Engineering Practice Licensing Act
17 of 1989. The expenses of the Department under this Act shall
18 be limited to the ordinary and contingent expenses of the
19 Design Professionals Dedicated Employees within the
20 Department as established under Section 62.1 of the Civil
21 Administrative Code of Illinois and other expenses related to
22 the administration and enforcement of this Act.
23 Moneys from the Fund may also be used for direct and
24 allocable indirect costs related to the public purposes of
25 the Department of Professional Regulation. Moneys in the
26 Fund may be transferred to the Professions Indirect Cost Fund
27 as authorized by Section 61e of the Civil Administrative Code
28 of Illinois.
29 Moneys in the Design Professionals Administration and
30 Investigation Fund may be invested and reinvested with all
31 earnings received from the investments to be deposited in the
32 Design Professionals Administration and Investigation Fund
33 and used for the same purposes as fees deposited in that
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1 Fund.
2 Upon the completion of any audit of the Department as
3 prescribed by the Illinois State Auditing Act that includes
4 an audit of the Design Professionals Administration and
5 Investigation Fund, the Department shall make the audit open
6 to inspection by any interested person. The copy of the
7 audit report required to be submitted to the Department by
8 this Section is in addition to copies of audit reports
9 required to be submitted to other State officers and agencies
10 by Section 3-14 of the Illinois State Auditing Act.
11 (Source: P.A. 89-204, eff. 1-1-96.)
12 Section 55. The Structural Engineering Licensing Act of
13 1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
14 11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
15 follows:
16 (225 ILCS 340/2) (from Ch. 111, par. 6602)
17 Sec. 2. This Act shall be known and may be cited as the
18 Structural Engineering Practice Licensing Act of 1989.
19 (Source: P.A. 86-711.)
20 (225 ILCS 340/4) (from Ch. 111, par. 6604)
21 Sec. 4. In this Act:
22 (a) "Department" means the Department of Professional
23 Regulation.
24 (b) "Director" means the Director of the Department of
25 Professional Regulation.
26 (c) "Board" means the Structural Engineering Board
27 appointed by the Director.
28 (d) "Negligence in the practice of structural
29 engineering" means the failure to exercise that degree of
30 reasonable professional skill, judgment and diligence
31 normally rendered by structural engineers in the practice of
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1 structural engineering.
2 (e) "Structural engineer intern" means a person who is a
3 candidate for licensure as a structural engineer and who has
4 been enrolled as a structural engineer intern.
5 (f) "Structural engineer" means a person licensed under
6 the laws of the State of Illinois to practice structural
7 engineering.
8 (Source: P.A. 86-711.)
9 (225 ILCS 340/6) (from Ch. 111, par. 6606)
10 Sec. 6. The Department of Professional Regulation shall
11 exercise the following functions, powers and duties subject
12 to the provisions of this Act:
13 (1) Conduct examinations to ascertain the qualifications
14 and fitness of applicants for licensure as licensed
15 structural engineers, and pass upon the qualifications and
16 fitness of applicants for licensure by endorsement.
17 (2) Prescribe rules for a method of examination of
18 candidates.
19 (3) Prescribe rules defining what shall constitute a
20 school, college or university or department of a university,
21 or other institution, reputable and in good standing, and to
22 determine the reputability and good standing of a school,
23 college or other institution reputable and in good standing
24 by reference to a compliance with such rules; provided that
25 no school, college or university, or department of a
26 university or other institution that refuses admittance to
27 applicants, solely on account of race, color, creed, sex,
28 religion, physical or mental handicap unrelated to ability,
29 or national origin shall be considered reputable and in good
30 standing.
31 (3.5) Register corporations, partnerships, professional
32 service corporations, limited liability companies, and sole
33 proprietorships for the practice of structural engineering
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1 and issue a license to those who qualify.
2 (4) Investigate complaints, conduct oral interviews,
3 disciplinary conferences, and formal evidentiary hearings on
4 proceedings to refuse to issue, renew or restore, or to
5 suspend or revoke a license, or to place on probation or
6 reprimand a licensee for reasons set forth in Section 20 of
7 this Act.
8 (5) Formulate rules necessary to carry out the
9 provisions of this Act.
10 (6) Maintain membership in a national organization that
11 provides an acceptable structural engineering examination and
12 participate in activities of the organization by designation
13 of individuals for the various classifications of membership
14 and the appointment of delegates for attendance at regional
15 and national meetings of the organization. All costs
16 associated with membership and attendance of such delegates
17 to any national meetings may be funded from the Design
18 Professionals Administration and Investigation Fund.
19 Prior to issuance of any final decision or order that
20 deviates from any report or recommendation of the Board
21 relating to the qualification of applicants, discipline of
22 licensees or registrants, or promulgation of rules, the
23 Director shall notify the Board and the Secretary of State in
24 writing with an explanation of any such deviation and provide
25 a reasonable time for the Board to submit written comments to
26 the Director regarding the proposed action. In the event
27 that the Board fails or declines to submit such written
28 comments within 30 days of said notification, the Director
29 may issue a final decision or order consistent with the
30 Director's original decision.
31 None of these functions, powers or duties shall be
32 exercised by the Department of Professional Regulation except
33 upon the action and report in writing of the Board.
34 (Source: P.A. 86-711.)
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1 (225 ILCS 340/7) (from Ch. 111, par. 6607)
2 Sec. 7. The Director shall appoint a Structural
3 Engineering Board which shall consist of 6 members. Five
4 members shall be Illinois licensed structural engineers, who
5 have been engaged in the practice of structural engineering
6 for a minimum of 10 years, and one shall be a public member.
7 The public member shall be a voting member and shall not hold
8 a license as an architect, professional engineer, structural
9 engineer or land surveyor.
10 Members shall serve 5 year terms and until their
11 successors are appointed and qualified, except that of the
12 initial appointments, 2 members shall be appointed to serve
13 for one year, 2 shall be appointed to serve for 2 years and 2
14 shall be appointed to serve for 3 years and until their
15 successors are appointed and qualified.
16 In making the designation of persons to act, the Director
17 shall give due consideration to recommendations by members of
18 the profession and by organizations of the structural
19 engineering profession.
20 The membership of the Board should reasonably reflect
21 representation from the geographic areas in this State.
22 No member shall be reappointed to the Board for a term
23 which would cause his or her continuous service on the Board
24 to be longer than 10 successive years. Service prior to the
25 effective date of this Act shall not be considered in
26 calculating length of service.
27 Appointments to fill vacancies shall be made in the same
28 manner as original appointments, for the unexpired portion of
29 the vacated term. Initial terms under this Act shall begin
30 upon the expiration of the terms of Committee members
31 appointed under The Illinois Structural Engineering Act.
32 Persons holding office as members of the Board Committee
33 under this the Illinois Structural Engineering Act on the
34 effective date of this Act shall serve as members of the
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1 Board Committee under this Act until the expiration of the
2 term for which they were appointed and until their successors
3 are appointed and qualified under this Act.
4 A quorum of the Board shall consist of a majority of
5 Board members appointed. A majority of the quorum is
6 required for Board decisions. Four members shall constitute a
7 quorum of Board members. The Chairman shall only vote on all
8 matters to come before the Board in the case of a tie vote.
9 The Director may terminate the appointment of any member
10 for cause which in the opinion of the Director reasonably
11 justifies such termination, which may include, but is not
12 limited to, a Board member who does not attend 2 consecutive
13 meetings.
14 Notice of proposed rulemaking shall be transmitted to the
15 Board and the Department shall review the response of the
16 Board and any recommendations made therein. The Department
17 may, at any time, seek the expert advice and knowledge of the
18 Board on any matter relating to the administration or
19 enforcement of this Act.
20 Members of the Board shall be immune from suit in any
21 action based upon any disciplinary proceedings or other
22 activities performed in good faith as members of the Board.
23 Whenever the Director is not satisfied that substantial
24 justice has been done in an examination, the Director may
25 order a reexamination by the same or other examiners.
26 (Source: P.A. 86-711; 87-756.)
27 (225 ILCS 340/8) (from Ch. 111, par. 6608)
28 Sec. 8. The Board has the following powers and duties:
29 (a) The Board shall hold at least 3 regular meetings
30 each year;
31 (b) The Board shall annually elect a Chairperson and a
32 Vice Chairperson, both of whom chairman who shall be Illinois
33 a licensed structural engineers engineer;
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1 (c) The Board, upon request by the Department, may make
2 a curriculum evaluation to determine if courses conform to
3 requirements of approved engineering programs;
4 (d) The Department may at any time seek the expert
5 advice and knowledge of the Board on any matter relating to
6 the enforcement of this Act;
7 (e) The Board may appoint a subcommittee to serve as a
8 Complaint Committee to recommend the disposition of case
9 files according to procedures established by rule;
10 (f) The Board shall assist the Department in conducting
11 oral interviews, disciplinary conferences, and formal
12 evidentiary hearings; and
13 (g) The Board shall review applicant qualifications to
14 sit for the examination or for licensure and shall make
15 recommendations to the Department, and. the Department shall
16 review the Board's recommendations on applicant
17 qualifications; and. Prior to issuance of any final decision
18 or order which deviates from any report or recommendation of
19 the Board relating to the qualification of applicants,
20 discipline of licensees or registrants, or promulgation of
21 rules, the Director shall notify the Board and the Secretary
22 of State in writing with an explanation of any such deviation
23 and provide a reasonable time for the Board to submit written
24 comments to the Director regarding the proposed action. In
25 the event that the Board fails or declines to submit such
26 written comments within 30 days of said notification, the
27 Director may issue a final decision or order consistent with
28 the Director's original decision.
29 (h) The Board shall submit written comments to the
30 Director within 30 days from notification of any final
31 decision or order from the Director that deviates from any
32 report or recommendation of the Board relating to the
33 qualification of applicants, discipline of licensees or
34 registrants, or promulgation of rules.
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1 (Source: P.A. 88-428.)
2 (225 ILCS 340/9) (from Ch. 111, par. 6609)
3 Sec. 9. Applications for original licenses shall be made
4 to the Department in writing on forms prescribed by the
5 Department and shall be accompanied by the required fee,
6 which is not refundable. The application shall require such
7 information as in the judgment of the Department will enable
8 the Department to pass on the qualifications of the applicant
9 for a license. The Department may require an applicant, at
10 the applicant's expense, to have an evaluation of the
11 applicant's education in a foreign county by a nationally
12 recognized educational body approved by the Board in
13 accordance with rules prescribed by the Department.
14 An applicant who graduated from a structural engineering
15 program outside the United States or its territories and
16 whose first language is not English shall submit
17 certification of passage of the Test of English as a Foreign
18 Language (TOEFL) and the Test of Spoken English (TSE) as
19 defined by rule before taking the licensure examination.
20 (Source: P.A. 89-594, eff. 8-1-96.)
21 (225 ILCS 340/10) (from Ch. 111, par. 6610)
22 Sec. 10. The Department shall authorize examinations of
23 applicants as structural engineers at such times and places
24 as it may determine. The examination of applicants shall be
25 of a character to give a fair test of the qualifications of
26 the applicant to practice structural engineering.
27 Applicants for examination as structural engineers are
28 required to pay, either to the Department or the designated
29 testing service, a fee covering the cost of providing the
30 examination. Failure to appear for the examination on the
31 scheduled date, at the time and place specified, after the
32 applicant's application for examination has been received and
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1 acknowledged by the Department or the designated testing
2 service, shall result in the forfeiture of the examination
3 fee.
4 If an applicant neglects, fails without an approved
5 excuse or refuses to take the next available examination
6 offered for licensure under this Act, the fee paid by the
7 applicant shall be forfeited to the Department and the
8 application denied. If an applicant fails to pass an
9 examination for a licensure under this Act within 3 years
10 after filing the application, the application shall be
11 denied. However, such applicant may thereafter make a new
12 application for examination accompanied by the required fee,
13 and must furnish proof of meeting the qualifications for
14 examination in effect at the time of new application.
15 An applicant has one year from the date of notification
16 of successful completion of the examination to apply to the
17 Department for a license. If an applicant fails to apply
18 within one year, the applicant shall be required to again
19 take and pass the examination unless licensed in another
20 jurisdiction of the United States within one year of passing
21 the examination.
22 (Source: P.A. 86-711.)
23 (225 ILCS 340/11) (from Ch. 111, par. 6611)
24 Sec. 11. A person is qualified for enrollment licensure
25 as a structural engineer intern or licensure as a structural
26 engineer if that person has applied in writing in form and
27 substance satisfactory to the Department and:
28 (a) The applicant is of good moral character. In
29 determining moral character under this Section, the
30 Department may take into consideration whether the applicant
31 has engaged in conduct or actions that would constitute
32 grounds for discipline under this Act. any felony conviction
33 of the applicant, but such a conviction shall not operate as
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1 an absolute bar to licensure;
2 (a-5) The applicant, if a structural engineer intern
3 applicant, has met the minimum standards for enrollment as a
4 structural engineer intern, which are as follows:
5 (1) is a graduate of an approved engineering
6 curriculum of at least 4 years meeting the requirements
7 as set forth by rule and passes a nominal 8-hour written
8 examination in the fundamentals of engineering; or
9 (2) is a graduate of a related science curriculum
10 of at least 4 years meeting the requirements as set forth
11 by rule and passes a nominal 8-hour written examination
12 in the fundamentals of engineering.
13 (b) The applicant, if a structural engineer applicant,
14 has met the minimum standards for licensure as a structural
15 engineer, which are as follows:
16 (1) is a graduate of an approved engineering
17 curriculum of at least 4 years meeting the requirements
18 as set forth by rule and submits evidence acceptable to
19 the Department of an additional 4 years or more of
20 experience in structural engineering work of a grade and
21 character which indicates that the individual may be
22 competent to practice structural engineering as set forth
23 by rule; or
24 (2) is a graduate of an approved related science
25 curriculum of at least 4 years meeting the requirements
26 as set forth by rule who submits evidence acceptable to
27 the Department of an additional 8 years or more of
28 progressive experience in structural engineering work of
29 a grade and character which indicates that the individual
30 may be competent to practice structural engineering as
31 set forth by rule.; and
32 (c) The applicant, if a structural engineer applicant,
33 has passed an examination conducted by the Department to
34 determine his or her fitness to receive a license as a
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1 Structural Engineer.
2 (Source: P.A. 86-711.)
3 (225 ILCS 340/12) (from Ch. 111, par. 6612)
4 Sec. 12. Every holder of a license as a structural
5 engineer shall display it in a conspicuous place in the
6 holder's principal office, place of business or employment.
7 Every licensed structural engineer shall have a
8 reproducible seal or facsimile, the print of which shall
9 contain the name, place of business and license number of the
10 structural engineer, and the words "Licensed Structural
11 Engineer," "State of Illinois." The licensed structural
12 engineer shall stamp with this seal all plans, drawings, and
13 specifications prepared by or under the engineer's
14 supervision.
15 A licensed structural engineer may seal documents not
16 produced by the licensed structural engineer when the
17 documents have either been produced by others working under
18 the licensed structural engineer's personal supervision and
19 control or when the licensed structural engineer has
20 sufficiently reviewed the documents to ensure that they have
21 met the standards of reasonable professional skill and
22 diligence. In reviewing the work of others, the licensed
23 structural engineer shall, where necessary, do calculations
24 recalculations, redesign, or any other work necessary to be
25 done to meet such standards and should retain evidence of
26 having done such review. The documents sealed by the
27 licensed structural engineer shall be of no lesser quality
28 than if they had been produced by the licensed structural
29 engineer. The licensed structural engineer who seals the work
30 of others is obligated to provide sufficient supervision and
31 review of such work so that the public is protected.
32 The licensed structural engineer shall affix the
33 signature, current date, date of license expiration and seal
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1 to the first sheet of any bound set or loose sheets prepared
2 by the licensed structural engineer or under that licensed
3 structural engineer's immediate supervision.
4 (Source: P.A. 86-711.)
5 (225 ILCS 340/14.5 new)
6 Sec. 14.5. Continuing education. The Department may
7 promulgate rules of continuing education for persons licensed
8 under this Act. The Department shall consider the
9 recommendations of the Board in establishing the guidelines
10 for the continuing education requirements. The requirements
11 of this Section apply to any person seeking renewal or
12 restoration under Section 14 or 15 of this Act.
13 (225 ILCS 340/16) (from Ch. 111, par. 6616)
14 Sec. 16. The Department may, in its discretion, license
15 as a structural engineer upon, without examination on payment
16 of the required fee, an applicant who is a structural
17 engineer licensed under the laws of another state or
18 territory, or of another country, if the requirements for
19 licensure in the state, territory or country were, at the
20 date of licensure, substantially equivalent to the
21 requirements in force in this State on that date.
22 Applicants have 3 years from the date of application to
23 complete the application process. If the process has not
24 been completed in 3 years, the application shall be denied,
25 the fee forfeited and the applicant must reapply and meet the
26 requirements in effect at the time of reapplication.
27 (Source: P.A. 86-711.)
28 (225 ILCS 340/17) (from Ch. 111, par. 6617)
29 Sec. 17. Fees.
30 (a) The Department shall provide by rule for a schedule
31 of fees to be paid for licenses by all applicants. All fees
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1 are not refundable.
2 (b) The fees for the administration and enforcement of
3 the Act, including but not limited to original licensure,
4 renewal, and restoration, shall be set by rule by the
5 Department.
6 (c) All fees and fines collected shall be deposited in
7 the Design Professionals Administration and Investigation
8 Fund. Of the moneys deposited into the Design Professionals
9 Administration and Investigation Fund, the Department may use
10 such funds as necessary and available to produce and
11 distribute newsletters to persons licensed under this Act.
12 (a) The following fees are not refundable:
13 (1) The fee for application for a license is $100.
14 (2) In addition, applicants for any examination
15 shall be required to pay, either to the Department or to
16 the designated testing service, a fee covering the cost
17 of determining an applicant's eligibility and providing
18 the examination. Failure to appear for the examination on
19 the scheduled date, at the time and place specified,
20 after the applicant's application for each examination
21 has been received and acknowledged by the Department or
22 the designated testing service, shall result in the
23 forfeiture of the examination fee.
24 (3) The fee for a license for a structural engineer
25 registered or licensed under the laws of another state or
26 territory of the United States, or a foreign country or
27 province is $100.
28 (4) The fee for the renewal of a license shall be
29 $60.
30 (5) The fee for the restoration of a license other
31 than from inactive status is $10 plus payment of all
32 lapsed renewal fees.
33 (6) The fee for application for a certificate of
34 registration as a professional design firm is $75.
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1 (7) The fee for renewal of a certificate of
2 registration as a professional design firm shall be $75.
3 (b) General fees.
4 (1) The fee for the issuance of a license, for the
5 issuance of a replacement license for a license which has
6 been lost or destroyed or for the issuance of a license
7 with a change of name or address other than during the
8 renewal period is $20. No fee is required for name and
9 address changes on Department records when no duplicate
10 license is issued.
11 (2) The fee for a certification of a registrant's
12 record for any purpose is $20.
13 (3) The fee for rescoring an examination is the
14 cost to the Department for rescoring the examination plus
15 any fees charged by the applicable testing service.
16 (4) The fee for a wall certificate showing
17 licensure is the actual cost of producing such
18 certificate.
19 (5) The fee for a roster of persons licensed as
20 structural engineers in this State is the actual cost of
21 producing such a roster.
22 All of the fees collected pursuant to this Section shall
23 be deposited in the Design Professionals Administration and
24 Investigation Fund.
25 (c) Any person who delivers a check or other payment to
26 the Department that is returned to the Department unpaid by
27 the financial institution upon which it is drawn shall pay to
28 the Department, in addition to the amount already owed to the
29 Department, a fine of $50. If the check or other payment was
30 for a renewal or issuance fee and that person practices
31 without paying the renewal fee or issuance fee and the fine
32 due, an additional fine of $100 shall be imposed. The fines
33 imposed by this Section are in addition to any other
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1 discipline provided under this Act for unlicensed practice or
2 practice on a nonrenewed license. The Department shall notify
3 the person that payment of fees and fines shall be paid to
4 the Department by certified check or money order within 30
5 calendar days of the notification. If, after the expiration
6 of 30 days from the date of the notification, the person has
7 failed to submit the necessary remittance, the Department
8 shall automatically terminate the license or certificate or
9 deny the application, without hearing. If, after termination
10 or denial, the person seeks a license or certificate, he or
11 she shall apply to the Department for restoration or issuance
12 of the license or certificate and pay all fees and fines due
13 to the Department. The Department may establish a fee for the
14 processing of an application for restoration of a license or
15 certificate to pay all expenses of processing this
16 application. The Director may waive the fines due under this
17 Section in individual cases where the Director finds that the
18 fines would be unreasonable or unnecessarily burdensome.
19 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
20 (225 ILCS 340/19) (from Ch. 111, par. 6619)
21 Sec. 19. Professional design firm registration;
22 conditions.
23 (a) Nothing in this Act prohibits the formation, under
24 the provisions of the Professional Service Corporation Act,
25 as amended, of a corporation to practice structural
26 engineering.
27 Any business, including a Professional Service
28 Corporation, that not formed under the provisions of the
29 Professional Service Corporation Act and not registered as
30 such with the Department, and which includes within its
31 stated purposes, practices, or holds itself out as available
32 to practice, structural engineering, shall be registered with
33 the Department pursuant to the provisions of this Section.
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1 Any sole proprietorship not owned and operated by an
2 Illinois licensed design professional licensed under this Act
3 shall be prohibited from offering structural engineering
4 services to the public. "Illinois licensed design
5 professional" means a person who holds an active license as a
6 structural engineer under this Act, as an architect under the
7 Illinois Architecture Practice Act of 1989, or as a
8 professional engineer under the Professional Engineering
9 Practice Act of 1989. Any sole proprietorship owned and
10 operated by a structural engineer with an active license
11 issued under this Act and conducting or transacting such
12 business under an assumed name in accordance with the
13 provisions of the Assumed Business Name Act shall comply with
14 the registration requirements of a professional design firm.
15 Any sole proprietorship owned and operated by a structural
16 engineer with an active license issued under this Act and
17 conducting or transacting such business under the real name
18 of the sole proprietor is exempt from the registration
19 requirements of a professional design firm.
20 Any partnership which includes within its purpose,
21 practices, or holds itself out as available to practice
22 structural engineering, shall register with the Department
23 pursuant to the provisions set forth in this Section.
24 (b) Any professional design firm seeking to be
25 registered under the provisions of this Section shall not be
26 registered unless a managing agent in charge of structural
27 engineering activities in this State is designated by the
28 professional design firm. A managing agent must at all times
29 maintain a valid, active license to practice structural
30 engineering in Illinois.
31 No individual whose license to practice structural
32 engineering in this State is currently in a suspended or
33 revoked status shall act as a managing agent for a
34 professional design firm.
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1 (c) No business shall practice or hold itself out as
2 available to practice structural engineering until it is
3 registered with the Department.
4 (d) Any business seeking to be registered under this
5 Section shall apply for a certificate of registration on a
6 form provided by the Department and shall provide such
7 information as requested by the Department, which shall
8 include but shall not be limited to:
9 (1) the name and license number of the person
10 designated as the managing agent in responsible charge of
11 the practice of structural engineering in Illinois. In
12 the case of a corporation, the corporation shall also
13 submit a certified copy of the resolution by the board of
14 directors designating the managing agent. In the case of
15 a limited liability company, the company shall submit a
16 certified copy of either its articles of organization or
17 operating agreement designating the managing agent;
18 (2) the names and license numbers of the directors,
19 in the case of a corporation, the members, in the case of
20 a limited liability company, or general partners, in the
21 case of a partnership;
22 (3) a list of all locations at which the
23 professional design firm provides structural engineering
24 services to the public; and
25 (4) A list of all assumed names of the business.
26 Nothing in this Section shall be construed to exempt a
27 professional design firm, sole proprietorship, or
28 professional service corporation from compliance with the
29 requirements of the Assumed Business Name Act.
30 It shall be the responsibility of the professional design
31 firm to provide the Department notice, in writing, of any
32 changes in the information requested on the application.
33 (e) In the event a managing agent is terminated or
34 terminates his status as managing agent of the professional
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1 design firm, such managing agent and professional design firm
2 shall notify the Department of this fact in writing, by
3 certified mail, within 10 business days of such termination.
4 Thereafter, the professional design firm, if it has so
5 informed the Department, shall have 30 days in which to
6 notify the Department of the name and registration number of
7 a newly designated managing agent. If a corporation, the
8 corporation shall also submit a certified copy of a
9 resolution by the board of directors designating the new
10 managing agent. If a limited liability company, the company
11 shall also submit a certified copy of either its articles of
12 organization or operating agreement designating the new
13 managing agent. The Department may, upon good cause shown,
14 extend the original 30 day period.
15 If the professional design firm fails to notify the
16 Department in writing by certified mail within the specified
17 time, the registration shall be terminated without prior
18 hearing. Notification of termination shall be sent by
19 certified mail to the last known address of the business. If
20 the professional design firm continues to operate and offer
21 structural engineering services after the termination, the
22 Department may seek prosecution under Sections 20, 34, and
23 34a of this Act for the unlicensed practice of structural
24 engineering.
25 (f) No professional design firm shall be relieved of
26 responsibility for the conduct or acts of its agents,
27 employees, members, managers, or officers by reason of its
28 compliance with this Section, nor shall any individual
29 practicing structural engineering be relieved of the
30 responsibility for professional services performed by reason
31 of the individual's employment or relationship with a
32 professional design firm registered under this Section.
33 (g) Disciplinary action against a professional design
34 firm registered under this Section shall be administered in
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1 the same manner and on the same grounds as disciplinary
2 action against a licensed structural engineer. All
3 disciplinary action taken or pending against a corporation or
4 partnership before the effective date of this amendatory Act
5 of 1993 shall be continued or remain in effect without the
6 Department filing separate actions.
7 It is unlawful for any person to practice, or to attempt
8 to practice, structural engineering, without being licensed
9 under this Act. It is unlawful for any business not subject
10 to the sole proprietorship exemption to offer or provide
11 structural engineering services without active registration
12 issued by the Department as a professional design firm or
13 professional service corporation.
14 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
15 (225 ILCS 340/20) (from Ch. 111, par. 6620)
16 Sec. 20. (a) The Department may, singularly or in
17 combination, refuse to issue, renew, or restore, or may
18 suspend or revoke any license or certificate of registration,
19 or may place on probation, reprimand, or fine, with a civil
20 penalty not to exceed $10,000 for each violation, any person,
21 corporation, partnership, or professional design firm
22 registered or licensed under this Act for any of the
23 following reasons:
24 (1) Material misstatement in furnishing information
25 to the Department;
26 (2) Negligence, incompetence or misconduct in the
27 practice of structural engineering;
28 (3) Making any misrepresentation for the purpose of
29 obtaining licensure;
30 (4) The affixing of a licensed structural
31 engineer's seal to any plans, specifications or drawings
32 which have not been prepared by or under the immediate
33 personal supervision of that licensed structural engineer
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1 or reviewed as provided in this Act;
2 (5) Conviction of any crime under the laws of the
3 United States, or any state or territory thereof, which
4 is a felony, whether related to the practice of
5 Structural Engineering or not, or conviction of any
6 crime, whether a felony, misdemeanor, or otherwise, an
7 essential element of which is dishonesty, or which is
8 directly related to the practice of structural
9 engineering;
10 (6) Making a statement of compliance pursuant to
11 the Environmental Barriers Act, as now or hereafter
12 amended, that a plan for construction or alteration of a
13 public facility or for construction of a multi-story
14 housing unit is in compliance with the Environmental
15 Barriers Act when such plan is not in compliance;
16 (7) Failure to comply with any of the provisions of
17 this Act or its rules;
18 (8) Aiding or assisting another person in violating
19 any provision of this Act or its rules;
20 (9) Engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public, as defined by rule;
23 (10) Habitual intoxication or addiction to the use
24 of drugs;
25 (11) A finding by the Board that an applicant or
26 licensee has failed to pay a fine imposed by the
27 Department or a licensee whose license has been placed on
28 probationary status, has violated the terms of probation;
29 (12) Discipline by another state, territory,
30 foreign country, the District of Columbia, the United
31 States government, or any other governmental agency, if
32 at least one of the grounds for discipline is the same or
33 substantially equivalent to those set forth in this
34 Section;
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1 (13) Failure to provide information in response to
2 a written request made by the Department within 30 days
3 after the receipt of such written request; or
4 (14) Physical illness, which results in the
5 inability to practice the profession of structural
6 engineering with reasonable judgment, skill or safety; or
7 including, but not limited to, deterioration through the
8 aging process or loss of motor skill.
9 (a-5) In enforcing this Section, the Board upon a
10 showing of a possible violation may compel a person licensed
11 to practice under this Act, or who has applied for licensure
12 or certification pursuant to this Act, to submit to a mental
13 or physical examination, or both, as required by and at the
14 expense of the Department. The examining physicians shall be
15 those specifically designated by the Board. The Board or the
16 Department may order the examining physician to present
17 testimony concerning this mental or physical examination of
18 the licensee or applicant. No information shall be excluded
19 by reason of any common law or statutory privilege relating
20 to communications between the licensee or applicant and the
21 examining physician. The person to be examined may have, at
22 his or her own expense, another physician of his or her
23 choice present during all aspects of the examination.
24 Failure of any person to submit to a mental or physical
25 examination, when directed, shall be grounds for suspension
26 of a license until the person submits to the examination if
27 the Board finds, after notice and hearing, that the refusal
28 to submit to the examination was without reasonable cause.
29 If the Board finds a person unable to practice because of
30 the reasons set forth in this Section, the Board may require
31 that person to submit to care, counseling, or treatment by
32 physicians approved or designated by the Board as a
33 condition, term, or restriction for continued, reinstated, or
34 renewed licensure to practice; or, in lieu of care,
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1 counseling, or treatment, the Board may recommend to the
2 Department to file a complaint to immediately suspend,
3 revoke, or otherwise discipline the license of the person.
4 Any person whose license was granted, continued, reinstated,
5 renewed, disciplined, or supervised subject to such terms,
6 conditions, or restrictions and who fails to comply with such
7 terms, conditions, or restrictions shall be referred to the
8 Director for a determination as to whether the person shall
9 have his or her license suspended immediately, pending a
10 hearing by the Board.
11 (b) The determination by a circuit court that a licensee
12 is subject to involuntary admission or judicial admission, as
13 provided in the Mental Health and Developmental Disabilities
14 Code, operates as an automatic suspension. Such suspension
15 will end only upon a finding by a court that the patient is
16 no longer subject to involuntary admission or judicial
17 admission, the issuance of an order so finding and
18 discharging the patient, and the recommendation of the Board
19 to the Director that the licensee be allowed to resume
20 practice.
21 The Department may refuse to issue, or may suspend, the
22 license of any person who fails to file a return, or to pay
23 the tax, penalty or interest shown in a filed return, or to
24 pay any final assessment of tax, penalty or interest, as
25 required by any tax Act administered by the Illinois
26 Department of Revenue, until such time as the requirements of
27 such tax Act are satisfied.
28 Persons who assist the Department as consultants or
29 expert witnesses in the investigation or prosecution of
30 alleged violations of the Act, licensure matters, restoration
31 proceedings, or criminal prosecutions, are not liable for
32 damages in any civil action or proceeding as a result of such
33 assistance, except upon proof of actual malice. The Attorney
34 General of the State of Illinois shall defend such persons in
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1 any such action or proceeding.
2 (Source: P.A. 88-428.)
3 Section 60. The Private Detective, Private Alarm,
4 Private Security, and Locksmith Act of 1993 is amended by
5 changing Section 30 as follows:
6 (225 ILCS 446/30)
7 Sec. 30. Exemptions.
8 (a) This Act does not apply to:
9 (1) An officer or employee of the United States,
10 this State, or any political subdivision of either while
11 the officer or employee is engaged in the performance of
12 his or her official duties within the course and scope of
13 his or her employment with the United States, this State,
14 or any political subdivision of either. However, any
15 person who offers his or her services as a private
16 detective or private security contractor, or any title
17 when similar services are performed for compensation,
18 fee, or other valuable consideration, whether received
19 directly or indirectly, is subject to this Act and its
20 licensing requirements.
21 (2) An attorney-at-law licensed to practice in
22 Illinois while engaging in the practice of law.
23 (3) A person engaged exclusively in the business of
24 obtaining and furnishing information as to the financial
25 rating or credit worthiness of persons; and a person who
26 provides consumer reports in connection with:
27 (i) Credit transactions involving the consumer
28 on whom the information is to be furnished and
29 involving the extensions of credit to the consumer.
30 (ii) Information for employment purposes.
31 (iii) Information for the underwriting of
32 insurance involving the consumer.
HB2647 Engrossed -110- LRB9100291ACtmA
1 (4) Insurance adjusters legally employed or under
2 contract as adjusters and who engage in no other
3 investigative activities other than those directly
4 connected with adjustment of claims against an insurance
5 company or self-insured by which they are employed or
6 with which they have a contract. No insurance adjuster
7 or company may utilize the term "investigation" or any
8 derivative thereof in its company name or in its
9 advertising other than for the handling of insurance
10 claims.
11 For the purposes of this Code, "insurance adjuster"
12 includes any person expressly authorized to act on behalf
13 of an insurance company or self-insured and any employee
14 thereof who acts or appears to act on behalf of the
15 insurance company or self-insured in matters relating to
16 claims, including but not limited to independent
17 contractors while performing claim services at the
18 direction of the company.
19 (5) A person engaged exclusively and employed by a
20 person, firm, association, or corporation in the business
21 of transporting persons or property in interstate
22 commerce and making an investigation related to the
23 business of that employer.
24 (6) Any person, watchman, or guard employed
25 exclusively and regularly by one employer in connection
26 with the affairs of that employer only and there exists
27 an employer/employee relationship.
28 (7) Any law enforcement officer, as defined in the
29 Illinois Police Training Act, who has successfully
30 completed the requirements of basic law enforcement and
31 firearms training as prescribed by the Illinois Law
32 Enforcement Training Standards Board, employed by an
33 employer in connection with the affairs of that employer,
34 provided he or she is exclusively employed by the
HB2647 Engrossed -111- LRB9100291ACtmA
1 employer during the hours or times he or she is scheduled
2 to work for that employer, and there exists an employer
3 and employee relationship.
4 In this subsection an "employee" is a person who is
5 employed by an employer who has the right to control and
6 direct the employee who performs the services in
7 question, not only as to the result to be accomplished by
8 the work, but also as to the details and means by which
9 the result is to be accomplished; and an "employer" is
10 any person or entity, with the exception of a private
11 detective, private detective agency, private security
12 contractor, private security contractor agency, private
13 alarm contractor, or private alarm contractor agency,
14 whose purpose it is to hire persons to perform the
15 business of a private detective, private detective
16 agency, private security contractor, private security
17 contractor agency, private alarm contractor, or private
18 alarm contractor agency.
19 (8) A person who sells burglar alarm systems and
20 does not install, monitor, maintain, alter, repair,
21 service, or respond to burglar alarm systems at protected
22 premises or premises to be protected, provided:
23 (i) The burglar alarm systems are
24 approved either by Underwriters Laboratories or
25 another authoritative source recognized by the
26 Department and are identified by a federally
27 registered trademark.
28 (ii) The owner of the trademark has
29 expressly authorized the person to sell the
30 trademark owner's products, and the person
31 provides proof of this authorization upon the
32 request of the Department.
33 (iii) The owner of the trademark
34 maintains, and provides upon the Department's
HB2647 Engrossed -112- LRB9100291ACtmA
1 request, a certificate evidencing insurance for
2 bodily injury or property damage arising from
3 faulty or defective products in an amount not
4 less than $1,000,000 combined single limit;
5 provided that the policy of insurance need not
6 relate exclusively to burglar alarm systems.
7 (9) A person who sells, installs, maintains, or
8 repairs automobile alarm systems.
9 (9-5) A person, firm, or corporation engaged solely
10 and exclusively in tracing and compiling lineage or
11 ancestry.
12 (b) Nothing in this Act prohibits any of the following:
13 (A) Servicing, installing, repairing, or rebuilding
14 automotive locks by automotive service dealers, as long
15 as they do not hold themselves out to the public as
16 locksmiths.
17 (B) Police, fire, or other municipal employees from
18 opening a lock in an emergency situation, as long as they
19 do not hold themselves out to the public as locksmiths.
20 (C) Any merchant or retail or hardware store from
21 duplicating keys, from installing, servicing, repairing,
22 rebuilding, reprogramming, or maintaining electronic
23 garage door devices or from selling locks or similar
24 security accessories not prohibited from sale by the
25 State of Illinois, as long as they do not hold themselves
26 out to the public as locksmiths.
27 (D) The installation or removal of complete locks
28 or locking devices by members of the building trades when
29 doing so in the course of residential or commercial new
30 construction or remodeling, as long as they do not hold
31 themselves out to the public as locksmiths.
32 (E) The employees of towing services, repossessors,
33 or auto clubs from opening automotive locks in the normal
34 course of their duties, as long as they do not hold
HB2647 Engrossed -113- LRB9100291ACtmA
1 themselves out to the public as locksmiths. Additionally,
2 this Act shall not prohibit employees of towing services
3 from opening motor vehicle locks to enable a vehicle to
4 be moved without towing, provided that the towing service
5 does not hold itself out to the public, by yellow page
6 advertisement, through a sign at the facilities of the
7 towing service, or by any other advertisement, as a
8 locksmith.
9 (F) The practice of locksmithing by students in the
10 course of study in programs approved by the Department,
11 provided that the students do not hold themselves out to
12 the public as locksmiths.
13 (G) Servicing, installing, repairing, or rebuilding
14 locks by a lock manufacturer or anyone employed by a lock
15 manufacturer, as long as they do not hold themselves out
16 to the public as locksmiths.
17 (H) The provision of any of the products or
18 services in the practice of locksmithing as identified in
19 Section 5 of this Act by a business licensed by the State
20 of Illinois as a private alarm contractor or private
21 alarm contractor agency, as long as the principal purpose
22 of the services provided to a customer is not the
23 practice of locksmithing and the business does not hold
24 itself out to the public as a locksmith agency.
25 (I) Any maintenance employee of a property
26 management company at a multi-family residential building
27 from servicing, installing, repairing, or opening locks
28 for tenants as long as the maintenance employee does not
29 hold himself or herself out to the public as a locksmith.
30 (J) A person, firm, or corporation from engaging in
31 fire protection engineering, including the design,
32 testing, and inspection of fire protection systems.
33 (K) The practice of professional engineering as
34 defined in the Professional Engineering Practice Act of
HB2647 Engrossed -114- LRB9100291ACtmA
1 1989.
2 (L) The practice of structural engineering as
3 defined in the Structural Engineering Practice Licensing
4 Act of 1989.
5 (M) The practice of architecture as defined in the
6 Illinois Architecture Practice Act of 1989.
7 (N) The activities of persons or firms licensed
8 under the Illinois Public Accounting Act if performed in
9 the course of their professional practice.
10 (c) This Act does not prohibit any persons legally
11 regulated in this State under any other Act from engaging in
12 the practice for which they are licensed, provided that they
13 do not represent themselves by any title prohibited by this
14 Act.
15 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
16 90-633, eff. 7-24-98.)
17 Section 65. The Professional Geologist Licensing Act is
18 amended by changing Section 20 as follows:
19 (225 ILCS 745/20)
20 Sec. 20. Exemptions. Nothing in this Act shall be
21 construed to restrict the use of the title "geologist" or
22 similar words by any person engaged in a practice of geology
23 exempted under this Act, provided the person does not hold
24 himself or herself out as being a licensed professional
25 geologist or does not practice professional geology in a
26 manner requiring licensure under this Act. Performance of
27 the following activities does not require licensure as a
28 licensed professional geologist under this Act:
29 (a) The practice of professional geology by an employee
30 or a subordinate of a licensee under this Act, provided the
31 work does not include responsible charge of geological work
32 and is performed under the direct supervision of a licensed
HB2647 Engrossed -115- LRB9100291ACtmA
1 professional geologist who is responsible for the work.
2 (b) The practice of professional geology by officers and
3 employees of the United States government within the scope of
4 their employment.
5 (c) The practice of professional geology as geologic
6 research to advance basic knowledge for the purpose of
7 offering scientific papers, publications, or other
8 presentations (i) before meetings of scientific societies,
9 (ii) internal to a partnership, corporation, proprietorship,
10 or government agency, or (iii) for publication in scientific
11 journals, or in books.
12 (d) The teaching of geology in schools, colleges, or
13 universities, as defined by rule.
14 (e) The practice of professional geology exclusively in
15 the exploration for or development of energy resources or
16 base, precious and nonprecious minerals, including sand,
17 gravel, and aggregate, that does not require, by law, rule,
18 or ordinance, the submission of reports, documents, or oral
19 or written testimony to public agencies. Public agencies
20 may, by law or by rule, allow required oral or written
21 testimony, reports, permit applications, or other documents
22 based on the science of geology to be submitted to them by
23 persons not licensed under this Act. Unless otherwise
24 required by State or federal law, public agencies may not
25 require that the geology-based aspects of testimony, reports,
26 permits, or other documents so exempted be reviewed by,
27 approved, or otherwise certified by any person who is not a
28 licensed professional geologist. Licensure is not required
29 for the submission and review of reports or documents or the
30 provision of oral or written testimony made under the Well
31 Abandonment Act, the Illinois Oil and Gas Act, the Surface
32 Coal Mining Land Conservation and Reclamation Act, or the
33 Surface-Mined Land Conservation and Reclamation Act.
34 (f) The practice of professional engineering as defined
HB2647 Engrossed -116- LRB9100291ACtmA
1 in the Professional Engineering Practice Act of 1989.
2 (g) The practice of structural engineering as defined in
3 the Structural Engineering Practice Licensing Act of 1989.
4 (h) The practice of architecture as defined in the
5 Illinois Architecture Practice Act of 1989.
6 (i) The practice of land surveying as defined in the
7 Illinois Professional Land Surveyor Act of 1989.
8 (j) The practice of landscape architecture as defined in
9 the Illinois Landscape Architecture Act of 1989.
10 (Source: P.A. 89-366, eff. 7-1-96.)
11 Section 70. The Environmental Barriers Act is amended by
12 changing Section 7 as follows:
13 (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
14 Sec. 7. Penalties.
15 (a) Any owner constructing or altering a public facility
16 or constructing a multi-story housing unit in violation of
17 this Act shall be guilty of a business offense punishable by
18 a fine not to exceed $250 per day, and each day the owner is
19 in violation of this Act constitutes a separate offense.
20 (b) Any architect or engineer negligently or
21 intentionally stating pursuant to Section 5 of this Act that
22 a plan is in compliance with this Act when such plan is not
23 in compliance shall be subject to a suspension, revocation or
24 refusal of restoration of his or her certificate of
25 registration or license pursuant to the Illinois Architecture
26 Practice Act of 1989, the Professional Engineering Practice
27 Act of 1989 and the Structural Engineering Practice Licensing
28 Licensing Act of
25 1989, (d) "land surveying" as defined in Section 2 of the
26 Illinois Professional Land Surveyor Act of 1989; or
27 (2) a combination of the following personal
28 services: (a) the practice of medicine in all of its
29 branches, (b) the practice of podiatry as defined in
30 Section 5 of the Podiatric Medical Practice Act of 1987,
31 (c) the practice of dentistry as defined in the Illinois
32 Dental Practice Act, (d) the practice of optometry as
HB2647 Engrossed -118- LRB9100291ACtmA
1 defined in the Illinois Optometric Practice Act of 1987.
2 (Source: P.A. 90-230, eff. 1-1-98.)
3 Section 999. Effective date. This Act takes effect
4 January 1, 2000, except that Section 5 takes effect upon
5 becoming law.
HB2647 Engrossed -119- LRB9100291ACtmA
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.10 from Ch. 127, par. 1904.10
4 5 ILCS 80/4.20 new
5 30 ILCS 535/15 from Ch. 127, par. 4151-15
6 30 ILCS 535/65 from Ch. 127, par. 4151-65
7 50 ILCS 510/3 from Ch. 85, par. 6403
8 110 ILCS 355/62.1 from Ch. 127, par. 62.1
9 225 ILCS 305/3 from Ch. 111, par. 1303
10 225 ILCS 305/8 from Ch. 111, par. 1308
11 225 ILCS 305/9 from Ch. 111, par. 1309
12 225 ILCS 305/10 from Ch. 111, par. 1310
13 225 ILCS 305/11 from Ch. 111, par. 1311
14 225 ILCS 305/12 from Ch. 111, par. 1312
15 225 ILCS 305/13 from Ch. 111, par. 1313
16 225 ILCS 305/14 from Ch. 111, par. 1314
17 225 ILCS 305/16.5 new
18 225 ILCS 305/19 from Ch. 111, par. 1319
19 225 ILCS 305/21 from Ch. 111, par. 1321
20 225 ILCS 305/22 from Ch. 111, par. 1322
21 225 ILCS 305/38 from Ch. 111, par. 1338
22 225 ILCS 310/4 from Ch. 111, par. 8204
23 225 ILCS 320/3 from Ch. 111, par. 1103
24 225 ILCS 325/3 from Ch. 111, par. 5203
25 225 ILCS 325/4 from Ch. 111, par. 5204
26 225 ILCS 325/5 from Ch. 111, par. 5205
27 225 ILCS 325/6 from Ch. 111, par. 5206
28 225 ILCS 325/7 from Ch. 111, par. 5207
29 225 ILCS 325/8 from Ch. 111, par. 5208
30 225 ILCS 325/10 from Ch. 111, par. 5210
31 225 ILCS 325/12 from Ch. 111, par. 5212
32 225 ILCS 325/14 from Ch. 111, par. 5214
33 225 ILCS 325/15 from Ch. 111, par. 5215
34 225 ILCS 325/17.5 new
HB2647 Engrossed -120- LRB9100291ACtmA
1 225 ILCS 325/20 from Ch. 111, par. 5220
2 225 ILCS 325/23 from Ch. 111, par. 5223
3 225 ILCS 325/24 from Ch. 111, par. 5224
4 225 ILCS 325/44 from Ch. 111, par. 5244
5 225 ILCS 325/47 from Ch. 111, par. 5247
6 225 ILCS 330/4 from Ch. 111, par. 3254
7 225 ILCS 330/6 from Ch. 111, par. 3256
8 225 ILCS 330/7 from Ch. 111, par. 3257
9 225 ILCS 330/8 from Ch. 111, par. 3258
10 225 ILCS 330/10 from Ch. 111, par. 3260
11 225 ILCS 330/12 from Ch. 111, par. 3262
12 225 ILCS 330/13 from Ch. 111, par. 3263
13 225 ILCS 330/14 from Ch. 111, par. 3264
14 225 ILCS 330/15 from Ch. 111, par. 3265
15 225 ILCS 330/18 from Ch. 111, par. 3268
16 225 ILCS 330/18.5 new
17 225 ILCS 330/20 from Ch. 111, par. 3270
18 225 ILCS 330/21 from Ch. 111, par. 3271
19 225 ILCS 330/25 from Ch. 111, par. 3275
20 225 ILCS 330/27 from Ch. 111, par. 3277
21 225 ILCS 330/48 from Ch. 111, par. 3298
22 225 ILCS 340/2 from Ch. 111, par. 6602
23 225 ILCS 340/4 from Ch. 111, par. 6604
24 225 ILCS 340/6 from Ch. 111, par. 6606
25 225 ILCS 340/7 from Ch. 111, par. 6607
26 225 ILCS 340/8 from Ch. 111, par. 6608
27 225 ILCS 340/9 from Ch. 111, par. 6609
28 225 ILCS 340/10 from Ch. 111, par. 6610
29 225 ILCS 340/11 from Ch. 111, par. 6611
30 225 ILCS 340/12 from Ch. 111, par. 6612
31 225 ILCS 340/14.5 new
32 225 ILCS 340/16 from Ch. 111, par. 6616
33 225 ILCS 340/17 from Ch. 111, par. 6617
34 225 ILCS 340/19 from Ch. 111, par. 6619
HB2647 Engrossed -121- LRB9100291ACtmA
1 225 ILCS 340/20 from Ch. 111, par. 6620
2 225 ILCS 446/30
3 225 ILCS 745/20
4 410 ILCS 25/7 from Ch. 111 1/2, par. 3717
5 805 ILCS 10/3.6 from Ch. 32, par. 415-3.6
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