093_SB0698sam003











                                     LRB093 10653 AMC 14199 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 8        (Section scheduled to be repealed on January 1, 2010)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 14199 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 5        (Section scheduled to be repealed on January 1, 2010)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16        (Section scheduled to be repealed on January 1, 2010)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 14199 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 14199 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, except  as
10    performed   by   photogrammetric  methods  over  the  earth's
11    surface, to determine the location of property 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 14199 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 14199 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 14199 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 14199 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 14199 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 4 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 14199 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 14199 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 14199 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 14199 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 14199 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.)".