093_SB0698sam001

 










                                     LRB093 10653 AMC 13297 a

 1                    AMENDMENT TO SENATE BILL 698

 2        AMENDMENT NO.     .  Amend Senate Bill 698  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Professional Land Surveyor Act
 5    of 1989 is amended by changing Sections 1, 3, 4, 5, 6, 8, 12,
 6    15, 20, 29, 45, and 49 as follows:

 7        (225 ILCS 330/1) (from Ch. 111, par. 3251)
 8        (Section scheduled to be repealed on January 1, 2010)
 9        Sec. 1.  Declaration of public policy.  The  practice  of
10    land surveying in the State of Illinois is hereby declared to
11    affect  the  public  health,  safety,  and  welfare and to be
12    subject to regulation and control in the public interest.  It
13    is further  declared  that  the  determination  and  physical
14    protraction  of  land boundaries, together with the attendant
15    preparation of  legal  descriptions  and  plats,  which  bear
16    witness for posterity and become part of the public record to
17    chronicle  the  acts and wishes of landowners throughout this
18    State is a matter of public interest and concern.  Therefore,
19    it is in the  public  interest  that  the  practice  of  land
20    surveying,  as  defined  in  this  Act, merit and receive the
21    confidence of the public, and that only qualified persons  be
22    authorized  to  practice  land  surveying  in  the  State  of
 
                            -2-      LRB093 10653 AMC 13297 a
 1    Illinois.   This  Act  shall  be  liberally construed to best
 2    carry out this purpose.
 3    (Source: P.A. 86-987.)

 4        (225 ILCS 330/3) (from Ch. 111, par. 3253)
 5        (Section scheduled to be repealed on January 1, 2010)
 6        Sec. 3.  Exceptions.  This Act does not prohibit: (a) any
 7    person licensed in  this  State  under  any  other  Act  from
 8    engaging in the practice for which that person is licensed.;
 9        (b)  An  individual,  firm, or corporation engaged in any
10    line of business other than the practice  of  land  surveying
11    from  employing  a  licensed  land  surveyor  to perform land
12    surveying services directly incidental  to  the  business  of
13    that individual, firm, or corporation.
14    (Source: P.A. 86-987.)

15        (225 ILCS 330/4) (from Ch. 111, par. 3254)
16        (Section scheduled to be repealed on January 1, 2010)
17        Sec. 4.  Definitions.  As used in this Act:
18        (a)  "Department"  means  the  Department of Professional
19    Regulation.
20        (b)  "Director"  means  the  Director   of   Professional
21    Regulation.
22        (c)  "Board" means the Land Surveyors Licensing Board.
23        (d)  "Direct  supervision and control" means the personal
24    review by a  Licensed  Professional  Land  Surveyor  of  each
25    survey, including, but not limited to, procurement, research,
26    field  work,  calculations, preparation of legal descriptions
27    and plats.  The personal review shall be of such a nature  as
28    to  assure  the client that the Professional Land Surveyor or
29    the firm for which the Professional Land Surveyor is employed
30    is the provider of the surveying services.
31        (e)  "Responsible charge" means an individual responsible
32    for the various components  of  the  land  survey  operations
 
                            -3-      LRB093 10653 AMC 13297 a
 1    subject  to  the  overall  supervision  and  control  of  the
 2    Professional Land Surveyor.
 3        (f)  "Design   professional"   means   a  land  surveyor,
 4    architect,  structural  engineer,  or  professional  engineer
 5    licensed  practicing  in  conformance  with  this  Act,   the
 6    Illinois  Architecture  Practice  Act of 1989, the Structural
 7    Engineering  Practice  Act  of  1989,  or  the   Professional
 8    Engineering Practice Act of 1989.
 9        (g)  "Professional   Land   Surveyor"  means  any  person
10    licensed under the laws of the State of Illinois to  practice
11    land surveying, as defined by this Act or its rules.
12        (h)  "Land   Surveyor-in-Training"   means   any   person
13    licensed  under  the  laws  of  the State of Illinois who has
14    qualified for,  taken,  and  passed  an  examination  in  the
15    fundamental land surveyor-in-training subjects as provided by
16    this Act or its rules.
17        (i)  "Land  surveying  experience" means those activities
18    enumerated in Section 5 of this Act, which, when exercised in
19    combination, to the satisfaction of the Board, is proof of an
20    applicant's broad range of training in and  exposure  to  the
21    prevailing practice of land surveying.
22    (Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00; 92-16,
23    eff. 6-28-01.)

24        (225 ILCS 330/5) (from Ch. 111, par. 3255)
25        (Section scheduled to be repealed on January 1, 2010)
26        Sec.  5.  Practice of land surveying defined.  Any one or
27    combination  of  the  following  practices  constitutes   the
28    practice of land surveying:
29        (a)  Surveying,  preparation of boundary descriptions and
30    measuring the area of any portion of the earth's surface, the
31    lengths and directions of the boundary lines, or the  contour
32    of  the  surface  for their determination and description for
33    conveying  or  for  recording,   or   for   Establishing   or
 
                            -4-      LRB093 10653 AMC 13297 a
 1    reestablishing, locating, defining, and making or monumenting
 2    land  boundaries  or  lines  and  the  platting  of lands and
 3    subdivisions;
 4        (b)  Establishing Surveying and  measuring  the  area  or
 5    volume  of any portion of the earth's surface, subsurface, or
 6    surveying and measuring an area of the airspace with  respect
 7    to  boundary lines, determining the configuration or contours
 8    of  any  portion  of  the  earth's  surface,  subsurface,  or
 9    airspace or the location of fixed objects  thereon  over  the
10    earth's  surface,  to  determine  the  location  of  property
11    rights;
12        (c)  Preparing  descriptions  for  the  determination  of
13    title rights to any portion or volume of the earth's surface,
14    subsurface,  or  airspace involving the lengths and direction
15    of boundary lines, areas, parts of  platted  parcels  or  the
16    contours  of  the  earth's  surface,  subsurface, or airspace
17    Preparing, and attesting to the accuracy of, a  map  or  plat
18    showing  the  land  boundaries  or  lines  and  the marks and
19    monuments of the boundaries, or of a map or plat showing  the
20    boundaries of subsurface or air rights;
21        (d)  Executing  and  issuing  certificates, endorsements,
22    reports, or plats  which  portray  the  relationship  between
23    existing  physical  objects  or  structures  and  one or more
24    corners or  boundaries  of  any  tract  or  lot  of  land  or
25    boundaries  of  a  portion  of  the  surface,  subsurface, or
26    airspace;
27        (d)  (e)  Labeling,  designating,  naming,  or  otherwise
28    identifying legal lines, property lines or land  title  lines
29    of  the  United  States Rectangular System or any subdivision
30    thereof on any photograph, photographic composite, or  mosaic
31    or  photogrammetric map of any portion of the earth's surface
32    for the purpose of  recording  the  same  in  the  Office  of
33    Recorder or Registrar of Titles in any county;
34        (f)  Determining   the   position  for  any  monument  or
 
                            -5-      LRB093 10653 AMC 13297 a
 1    reference point which marks a  property  line,  boundary,  or
 2    corner,  or  to  set,  reset,  or replace any the monument or
 3    reference point on any property;
 4        (g)  Acting in direct supervision  and  control  of  land
 5    surveying  activities or conducting as a manager in any place
 6    of business  which  solicits,  performs,  or  practices  land
 7    surveying;
 8        (e)  (h)  Any act or combination of acts that which would
 9    be viewed as offering professional  land  surveying  services
10    including:
11             (1)  setting  monuments which have the appearance of
12        or for the express purpose of  marking  land  boundaries,
13        either directly or as an accessory; or
14             (2)  providing   any   sketch,  map,  plat,  report,
15        monument record, or other document which  indicates  land
16        boundaries and monuments, or accessory monuments thereto,
17        except  that  if  the sketch, map, plat, report, monument
18        record, or other  document  is  a  copy  of  an  original
19        prepared  by  a Professional Land Surveyor, and if proper
20        reference to that fact be made on that document;
21        (f)  Determining  the  position  for  any   monument   or
22    reference point that marks a title line, boundary, or corner,
23    or  to set, reset, or replace any monument or reference point
24    on any property;
25        (g)  Creating,  preparing,  or  modifying  electronic  or
26    computerized data relative to the performance  of  activities
27    in items (a) through (f) of this Section;
28        (h)  Establishing  any  control  network  or adjusting of
29    cadastral data as it pertains to items  (a)  through  (g)  of
30    this Section;
31        (i)  Preparing  and attesting to the accuracy of a map or
32    plat showing the land  boundaries  or  lines  and  marks  and
33    monuments  of  the boundaries or of a map or plat showing the
34    boundaries of surface, subsurface, or air rights;
 
                            -6-      LRB093 10653 AMC 13297 a
 1        (j)  Executing and  issuing  certificates,  endorsements,
 2    reports,  or  plats  that  portray  the  relationship between
 3    existing physical objects  or  structures  and  one  or  more
 4    corners  or boundaries of any portion of the earth's surface,
 5    subsurface, or airspace;
 6        (k)  Acting in direct supervision  and  control  of  land
 7    surveying  activities  or acting as a manager in any place of
 8    business  that  solicits,   performs,   or   practices   land
 9    surveying;
10        (l)  (i)  Offering  or  soliciting  to perform any of the
11    services set forth in this Section.
12    (Source: P.A. 86-987.)

13        (225 ILCS 330/6) (from Ch. 111, par. 3256)
14        (Section scheduled to be repealed on January 1, 2010)
15        Sec. 6.  Powers and duties of the Department.
16        (a)  The Department shall exercise the powers and  duties
17    prescribed  by  The Illinois Administrative Procedure Act for
18    the administration of licensing Acts.  The  Department  shall
19    also  exercise,  subject  to  the provisions of this Act, the
20    following powers and duties:
21             (1)  Conduct or authorize examinations to  ascertain
22        the   fitness   and   qualifications  of  applicants  for
23        licensure and issue licenses to those who are found to be
24        fit and qualified.
25             (2)  Prescribe rules for a method of examination.
26             (3)  Conduct  hearings  on  proceedings  to  revoke,
27        suspend, or refuse to issue, renew, or restore a license,
28        or other disciplinary actions.
29             (4)  Promulgate rules and regulations  required  for
30        the administration of this Act.
31             (5)  License  corporations  and partnerships for the
32        practice of professional surveying and issue a license to
33        those who qualify.
 
                            -7-      LRB093 10653 AMC 13297 a
 1             (6)  Prescribe, adopt, and amend rules  as  to  what
 2        shall   constitute   a   surveying   or  related  science
 3        curriculum, determine if a specific surveying  curriculum
 4        is  in  compliance  with  the  rules,  and  terminate the
 5        approval  of  a   specific   surveying   curriculum   for
 6        non-compliance with such rules.
 7             (7)  Maintain  membership in the National Council of
 8        Engineering  Examiners  or  a  similar  organization  and
 9        participate in activities of the Council or  organization
10        by    designating    individuals    for    the    various
11        classifications  of  membership and appoint delegates for
12        attendance at zone and national meetings of  the  Council
13        or organization.
14             (8)  Obtain  written  recommendations from the Board
15        regarding qualification  of  individuals  for  licensing,
16        definition   of   curriculum   content  and  approval  of
17        surveying curriculums, standards of professional  conduct
18        and  disciplinary actions, promulgate and amend the rules
19        affecting these matters, and consult with  the  Board  on
20        other matters affecting administration of the Act.
21        (a-5)  The  Department may promulgate rules for a Code of
22    Ethics and Standards of Practice to be  followed  by  persons
23    licensed  under  this Act.  The Department shall consider the
24    recommendations of the Board  in  establishing  the  Code  of
25    Ethics and Standards of Practice.
26        (b)  The  Department  shall  consult  with  the  Board in
27    promulgating rules.  Notice of proposed rulemaking  shall  be
28    transmitted  to the Board and the Department shall review the
29    Board's response and recommendations.
30        (c)  The   Department   shall    review    the    Board's
31    recommendation   of   the  applicants'  qualifications.   The
32    Director  shall  notify  the  Board  in   writing   with   an
33    explanation of any deviation from the Board's recommendation.
34    After  review of the Director's written explanation of his or
 
                            -8-      LRB093 10653 AMC 13297 a
 1    her  reasons  for  deviation,  the  Board  shall   have   the
 2    opportunity to comment upon the Director's decision.
 3        Whenever  the  Director is not satisfied that substantial
 4    justice has been done in the revocation or  suspension  of  a
 5    license,  or other disciplinary action the Director may order
 6    re-hearing by the same or other boards.
 7        None of the functions, powers  or  duties  enumerated  in
 8    this Section shall be exercised by the Department except upon
 9    the action and report in writing of the Board.
10    (Source: P.A. 91-132, eff. 1-1-00.)

11        (225 ILCS 330/8) (from Ch. 111, par. 3258)
12        (Section scheduled to be repealed on January 1, 2010)
13        Sec. 8.  Powers and duties of the Board; quorum.  Subject
14    to  the  provisions of this Act, the Board shall exercise the
15    following functions, powers, and duties:
16             (a)  Review education and experience  qualifications
17        of  applicants to determine eligibility as a Professional
18        Land Surveyor or Land Surveyor-in-Training and submit  to
19        the   Director   written   recommendations  on  applicant
20        qualifications for licensing;
21             (b)  Conduct hearings regarding disciplinary actions
22        and submit a written report to the Director  as  required
23        by  this  Act  and  provide  a  Board  member at informal
24        conferences;
25             (c)  Visit  universities  or  colleges  to  evaluate
26        surveying curricula and submit to the Director a  written
27        recommendation of acceptability of the curriculum;
28             (d)  Submit a written recommendation to the Director
29        concerning  promulgation  or  amendment  of rules for the
30        administration of this Act;
31             (e)  The Department may at any time seek the  expert
32        advice  and knowledge of the Board on any matter relating
33        to the enforcement of this Act;
 
                            -9-      LRB093 10653 AMC 13297 a
 1             (f)  The Board may appoint a subcommittee  to  serve
 2        as  a Complaint Committee to recommend the disposition of
 3        case files according to procedures established by rule;
 4             (g)  Hold at least 8 3 regular meetings  each  year;
 5        and
 6             (h)  The  Board  shall  annually elect a Chairperson
 7        and a Vice Chairperson who  shall  be  licensed  Illinois
 8        Professional Land Surveyors.
 9        A  quorum  of  the  Board  shall consist of a majority of
10    Board members appointed.
11    (Source: P.A. 91-132, eff. 1-1-00.)

12        (225 ILCS 330/12) (from Ch. 111, par. 3262)
13        (Section scheduled to be repealed on January 1, 2010)
14        Sec. 12.  Qualifications for licensing.
15        (a)  A person is qualified to  receive  a  license  as  a
16    Professional  Land  Surveyor and the Department shall issue a
17    license to a person:
18             (1)  who has applied in writing in the required form
19        and substance to the Department;
20             (2)  (blank);
21             (3)  who is of good moral character;
22             (4)  who  has  been  issued  a  license  as  a  Land
23        Surveyor-in-Training;
24             (5)  who, subsequent to passing an  examination  for
25        licensure as a Surveyor-In-Training, has at least 4 years
26        of   responsible   charge   experience   verified   by  a
27        professional land  surveyor  in  direct  supervision  and
28        control  of his or her activities has at least 4 years of
29        responsible charge experience, subsequent to  passage  of
30        an     examination    for    licensure    as    a    Land
31        Surveyor-in-Training, verified  by  a  Professional  Land
32        Surveyor   in   responsible   charge  of  land  surveying
33        operations under the direct supervision and control of  a
 
                            -10-     LRB093 10653 AMC 13297 a
 1        Professional Land Surveyor; and
 2             (6)  who has passed an examination authorized by the
 3        Department  to  determine his or her fitness to receive a
 4        license as a Professional Land Surveyor.
 5        (b)  A person is qualified to receive a license as a Land
 6    Surveyor-in-Training and the Department shall issue a license
 7    to a person:
 8             (1)  who has applied in writing in the required form
 9        and substance to the Department;
10             (2)  (blank);
11             (3)  who is of good moral character;
12             (4)  who has the required education as set forth  in
13        this Act; and
14             (5)  who has passed an examination authorized by the
15        Department  to  determine his or her fitness to receive a
16        license as a Land Surveyor-in-Training in accordance with
17        this Act.
18        In determining moral character under  this  Section,  the
19    Department  may take into consideration whether the applicant
20    has engaged in  conduct  or  actions  that  would  constitute
21    grounds for discipline under this Act.
22    (Source: P.A. 91-132, eff. 1-1-00.)

23        (225 ILCS 330/15) (from Ch. 111, par. 3265)
24        (Section scheduled to be repealed on January 1, 2010)
25        Sec.  15.  Seal.   Every Professional Land Surveyor shall
26    have a reproducible seal or facsimile, which may be  computer
27    generated,  the impression of which shall contain the name of
28    the land surveyor, his or her place of business, the  license
29    number,  of  the  Professional  Land  Surveyor, and the words
30    "Professional Land Surveyor, State of Illinois".   Signatures
31    generated by computer or rubber stamp shall not be permitted.
32    A   Professional  Land  Surveyor  shall  seal  all  documents
33    prepared by or under the direct supervision  and  control  of
 
                            -11-     LRB093 10653 AMC 13297 a
 1    the  Professional  Land  Surveyor.    Any  seal authorized or
 2    approved by the Department under the Illinois Land  Surveyors
 3    Act  shall serve the same purpose as the seal provided for by
 4    this Act. Signatures  generated  by  computer  shall  not  be
 5    permitted.   The  licensee's  written  signature  and date of
 6    signing along with the date of license  expiration  shall  be
 7    placed adjacent to the seal.
 8    (Source: P.A. 90-655, eff. 7-30-98; 91-132, eff. 1-1-00.)

 9        (225 ILCS 330/20) (from Ch. 111, par. 3270)
10        (Section scheduled to be repealed on January 1, 2010)
11        Sec. 20.  Endorsement.  Upon payment of the required fee,
12    an applicant who is a Professional Land Surveyor, registered,
13    licensed,  or otherwise legally recognized as a Land Surveyor
14    under the laws of another state or territory  of  the  United
15    States  may  be granted a license as an Illinois Professional
16    Land Surveyor by the Department with approval  of  the  Board
17    upon the following conditions:
18             (a)  That  the  applicant meets the requirements for
19        licensing in this State, and that  the  requirements  for
20        licensing or other legal recognition of Land Surveyors in
21        the  particular  state  or territory were, at the date of
22        issuance of the license or certificate, equivalent to the
23        requirements then in effect in the State of Illinois; and
24             (b)  That  the  applicant  passes  a  jurisdictional
25        examination to determine the applicant's knowledge of the
26        surveying tasks unique to the State of Illinois  and  the
27        laws pertaining thereto.
28    (Source: P.A. 90-602, eff. 6-26-98; 91-132, eff. 1-1-00.)

29        (225 ILCS 330/29) (from Ch. 111, par. 3279)
30        (Section scheduled to be repealed on January 1, 2010)
31        Sec.  29.  Investigations; notice and hearing.  A license
32    or registration issued under the provisions of this  Act  may
 
                            -12-     LRB093 10653 AMC 13297 a
 1    be  revoked, suspended, not renewed or restored, or otherwise
 2    disciplined, or applications for license or registration  may
 3    be  refused,  in  the  manner  set  forth  in  this Act.  The
 4    Department may, upon its own  action,  and  shall,  upon  the
 5    verified  complaint  in  writing  of any person setting forth
 6    facts  which,  if  proven,  would  constitute   grounds   for
 7    discipline,  investigate  the  actions of any person or other
 8    entity holding, applying for or claiming to hold  a  license,
 9    or practicing or offering to practice land surveying.  Before
10    the  initiation  of  an  investigation,  the  matter shall be
11    reviewed  by  a  subcommittee  of  the  Board  according   to
12    procedures  established  by rule for the Complaint Committee.
13    The Department shall, before  refusing  to  issue,  renew  or
14    restore,  suspending or revoking any license or registration,
15    or imposing any other disciplinary action, at least  30  days
16    prior  to  the  date  set  for the hearing, notify the person
17    accused in writing of any charges made and shall  direct  the
18    person  or entity to file a written answer to the Board under
19    oath within 20 days after  the  service  of  the  notice  and
20    inform  the  person  or  entity  that if the person or entity
21    fails to file an answer default will be taken  and  that  the
22    license  or  certificate may be suspended, revoked, placed on
23    probationary status, or  other  disciplinary  action  may  be
24    taken,  including  limiting  the  scope,  nature or extent of
25    practice, as the Director may  deem  proper.  The  Department
26    shall  afford  the accused person or entity an opportunity to
27    be heard in person or by counsel in reference to the  charges
28    changes.  This  written  notice  may  be  served  by personal
29    delivery to the accused person or entity or certified mail to
30    the last address specified by the accused person or entity in
31    the last notification to the Department. In case  the  person
32    or entity fails to file an answer after receiving notice, his
33    or  her  license or certificate may, in the discretion of the
34    Department, be suspended, revoked, or placed on  probationary
 
                            -13-     LRB093 10653 AMC 13297 a
 1    status,  or  the  Department  may  take whatever disciplinary
 2    action deemed proper, including limiting the  scope,  nature,
 3    or  extent  of  the  person's practice or the imposition of a
 4    fine,  without  a  hearing,  if  the  act  or  acts   charged
 5    constitute sufficient grounds for such action under this Act.
 6    At  the  time  and place fixed in the notice, the Board shall
 7    hear the charges and the accused person or  entity  shall  be
 8    accorded   ample   opportunity  to  present  any  statements,
 9    testimony, evidence and argument as may be  relevant  to  the
10    charges or their defense.  The Board may continue the hearing
11    from time to time.
12        The  Board may from time to time and in co-operation with
13    the  Department's  legal  advisors  employ  individual   land
14    surveyors  possessing  the  same  minimum  qualifications  as
15    required   for   Board   candidates   to   assist   with  its
16    investigative duties.
17        Persons who  assist  the  Department  as  consultants  or
18    expert  witnesses  in  the  investigation  or  prosecution of
19    alleged violations of the Act, licensure matters, restoration
20    proceedings, or criminal prosecutions,  are  not  liable  for
21    damages  in  any  civil  action  or proceeding as a result of
22    their assistance, except upon proof of  actual  malice.   The
23    Attorney  General  shall  defend  these  persons  in any such
24    action or proceeding.
25    (Source: P.A. 87-1031; 88-428.)

26        (225 ILCS 330/45) (from Ch. 111, par. 3295)
27        (Section scheduled to be repealed on January 1, 2010)
28        Sec.  45.   Entry  upon  adjoining  land;  Liability  for
29    damages.  A Professional Land Surveyor, or persons under  his
30    direct  supervision,  together with his survey party, who, in
31    the course of making a survey, finds it necessary to go  upon
32    the  land  of  a party or parties other than the one for whom
33    the survey is being made is not liable for civil or  criminal
 
                            -14-     LRB093 10653 AMC 13297 a
 1    trespass  as  a  trespasser and is liable only for any actual
 2    damage done to the land or property.
 3    (Source: P.A. 86-987.)

 4        (225 ILCS 330/49) (from Ch. 111, par. 3299)
 5        (Section scheduled to be repealed on January 1, 2010)
 6        Sec. 49.  The provisions of this Act, insofar as they are
 7    the same or substantially the same as those of any prior  law
 8    concerning   the   licensure  of  land  surveyors,  shall  be
 9    construed as a continuation of such prior law and  not  as  a
10    new enactment.
11        Any  existing  injunction  or temporary restraining order
12    validly obtained under the Illinois Land Surveyors Act  which
13    prohibits   the  unlicensed  unregistered  practice  of  land
14    surveying or prohibits  or  requires  any  other  conduct  in
15    connection  with  the  practice  of  land  surveying,  or any
16    disciplinary action begun under the Illinois  Land  Surveyors
17    Act  are  not  invalidated  by  the enactment of this Act and
18    shall continue to have full force and effect on and after the
19    effective date of this Act.  All certificates of registration
20    and  enrollments  in  effect  on  December  31,  1989  issued
21    pursuant to the Illinois Land Surveyors  Act  are  reinstated
22    under  this  Act  for  the balance of the term for which last
23    issued.  All rules and regulations in effect on December  31,
24    1989  and promulgated pursuant to the Illinois Land Surveyors
25    Act shall remain in full force and effect on  and  after  the
26    effective date of this Act without being promulgated again by
27    the  Department,  except  to  the  extent  any  such  rule or
28    regulation is inconsistent with any provision of this Act.
29    (Source: P.A. 86-987.)".