96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0575

 

Introduced 2/6/2009, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 330/5   from Ch. 111, par. 3255
225 ILCS 330/12   from Ch. 111, par. 3262
225 ILCS 330/13   from Ch. 111, par. 3263

    Amends the Illinois Professional Land Surveyor Act of 1989. Makes changes to the definition of "practice of land surveying". In a provision concerning the qualifications of a person applying for license as a Professional Land Surveyor, adds the new requirement that the applicant must have a baccalaureate degree in a related science if they do not have a baccalaureate degree in land surveying from an accredited college or university. In a provision concerning the qualifications of a person applying for license as a Licensed Land Surveyor-in-Training, adds the additional requirement that the applicant must have either (1) an Associate of Science degree in surveying or a related science, at least 24 semester hours of land surveying courses from a Board approved curriculum of an accredited institution, and at least 2 years of land surveying experience verified by a professional land surveyor that was in direct supervision and control of his or her activities, or (2) at least 24 semester hours of land surveying courses from a Board approved curriculum of an accredited institution and at least 4 years of land surveying experience verified by a professional land surveyor that was in direct supervision and control of his or her activities. Effective immediately.


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A BILL FOR

 

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1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Professional Land Surveyor Act of
5 1989 is amended by changing Sections 5, 12, and 13 as follows:
 
6     (225 ILCS 330/5)  (from Ch. 111, par. 3255)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 5. Practice of land surveying defined. Any person who
9 practices in Illinois as a professional land surveyor who
10 renders, offers to render, or holds himself or herself out as
11 able to render, or perform any service, the adequate
12 performance of which involves the special knowledge of the art
13 and application of the principles of the accurate and precise
14 measurement of length, angle, elevation or volume,
15 mathematics, the related physical and applied sciences, and the
16 relevant requirements of law, all of which are acquired by
17 education, training, experience, and examination. Any one or
18 combination of the following practices constitutes the
19 practice of land surveying:
20     (a) Establishing or reestablishing, locating, defining,
21 and making or monumenting land boundaries or title or real
22 property lines and the platting of lands and subdivisions;
23     (b) Establishing the area or volume of any portion of the

 

 

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1 earth's surface, subsurface, or airspace with respect to
2 boundary lines, determining the configuration or contours of
3 any portion of the earth's surface, subsurface, or airspace or
4 the location of fixed objects thereon, except as performed by
5 photogrammetric methods or except when the level of accuracy
6 required is less than the level of accuracy required by the
7 National Society of Professional Surveyors Model Standards and
8 Practice the American Congress on Surveying and
9 Mapping-designated Classes of Surveying;
10     (c) Preparing descriptions for the determination of title
11 or real property rights to any portion or volume of the earth's
12 surface, subsurface, or airspace involving the lengths and
13 direction of boundary lines, areas, parts of platted parcels or
14 the contours of the earth's surface, subsurface, or airspace;
15     (d) Labeling, designating, naming, or otherwise
16 identifying legal lines or land title lines of the United
17 States Rectangular System or any subdivision thereof on any
18 plat, map, exhibit, photograph, photographic composite, or
19 mosaic or photogrammetric map of any portion of the earth's
20 surface for the purpose of recording the same in the Office of
21 Recorder in any county;
22     (e) Any act or combination of acts that would be viewed as
23 offering professional land surveying services including:
24         (1) setting monuments which have the appearance of or
25     for the express purpose of marking land boundaries, either
26     directly or as an accessory; or

 

 

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1         (2) providing any sketch, map, plat, report, monument
2     record, or other document which indicates land boundaries
3     and monuments, or accessory monuments thereto, except that
4     if the sketch, map, plat, report, monument record, or other
5     document is a copy of an original prepared by a
6     Professional Land Surveyor, and if proper reference to that
7     fact be made on that document;
8         (3) performing topographic surveys, with the exception
9     of a licensed professional engineer knowledgeable in
10     topographical surveys that performs a topographical survey
11     specific to his or her design project. A licensed
12     professional engineer may not, however, offer topographic
13     surveying services that are independent of his or her
14     specific design project; or
15         (4) locating, relocating, establishing,
16     re-establishing, retracing, laying out, or staking of the
17     location, alignment, or elevation of any proposed
18     improvements whose location is dependant upon property
19     lines;
20     (f) Determining the horizontal or vertical position or
21 state plane coordinates for any monument or reference point
22 that marks a title or real property line, boundary, or corner,
23 or to set, reset, or replace any monument or reference point on
24 any title or real property;
25     (g) Creating, preparing, or modifying electronic or
26 computerized data or maps, including land information systems

 

 

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1 and geographic information systems, relative to the
2 performance of activities in items (a), (b), (d), (e), through
3 (f), and (h) of this Section, except where electronic means or
4 computerized data is otherwise utilized to integrate, display,
5 represent, or assess the created, prepared, or modified data;
6     (h) Establishing or adjusting any control network or any
7 geodetic control network or adjusting of cadastral data as it
8 pertains to items (a) through (g) of this Section together with
9 the assignment of measured values to any United States
10 Rectangular System corners, title or real property corner
11 monuments or geodetic monuments;
12     (i) Preparing and attesting to the accuracy of a map or
13 plat showing the land boundaries or lines and marks and
14 monuments of the boundaries or of a map or plat showing the
15 boundaries of surface, subsurface, or air rights;
16     (j) Executing and issuing certificates, endorsements,
17 reports, or plats that portray the horizontal or vertical
18 relationship between existing physical objects or structures
19 and one or more corners, datums, or boundaries of any portion
20 of the earth's surface, subsurface, or airspace;
21     (k) Acting in direct supervision and control of land
22 surveying activities or acting as a manager in any place of
23 business that solicits, performs, or practices land surveying;
24     (l) Offering or soliciting to perform any of the services
25 set forth in this Section; and .
26     (m) Critiquing on matters regarding the practice of land

 

 

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1 surveying as defined by this Act.
2 (Source: P.A. 93-467, eff. 1-1-04.)
 
3     (225 ILCS 330/12)  (from Ch. 111, par. 3262)
4     (Section scheduled to be repealed on January 1, 2010)
5     Sec. 12. Qualifications for licensing.
6     (a) A person is qualified to receive a license as a
7 Professional Land Surveyor and the Department shall issue a
8 license to a person:
9         (1) who has applied in writing in the required form and
10     substance to the Department;
11         (2) (blank);
12         (3) who is of good moral character;
13         (4) who has been issued a license as a Land
14     Surveyor-in-Training;
15         (5) who, subsequent to passing an examination for
16     licensure as a Surveyor-In-Training, has at least 4 years
17     of responsible charge experience verified by a
18     professional land surveyor in direct supervision and
19     control of his or her activities; and
20         (6) who has passed an examination authorized by the
21     Department to determine his or her fitness to receive a
22     license as a Professional Land Surveyor; and .
23         (7) who has a baccalaureate degree in a related science
24     if he or she does not have a baccalaureate degree in land
25     surveying from an accredited college or university.

 

 

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1     (b) A person is qualified to receive a license as a Land
2 Surveyor-in-Training and the Department shall issue a license
3 to a person:
4         (1) who has applied in writing in the required form and
5     substance to the Department;
6         (2) (blank);
7         (3) who is of good moral character;
8         (4) who has the required education as set forth in this
9     Act; and
10         (5) who has passed an examination authorized by the
11     Department to determine his or her fitness to receive a
12     license as a Land Surveyor-in-Training in accordance with
13     this Act.
14     In determining moral character under this Section, the
15 Department may take into consideration whether the applicant
16 has engaged in conduct or actions that would constitute grounds
17 for discipline under this Act.
18 (Source: P.A. 93-467, eff. 1-1-04.)
 
19     (225 ILCS 330/13)  (from Ch. 111, par. 3263)
20     (Section scheduled to be repealed on January 1, 2010)
21     Sec. 13. Qualifications for examination for Licensed Land
22 Surveyor-in-Training. Applicants for the examination for Land
23 Surveyor-in-Training shall have:
24     (1) a baccalaureate degree in Land Surveying from an
25 accredited college or university; or

 

 

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1     (2) a baccalaureate degree in a related science including
2 at least 24 semester hours of land surveying courses from a
3 Board approved curriculum of an accredited institution; .
4     (3) an Associate of Science degree in surveying or a
5 related science, at least 24 semester hours of land surveying
6 courses from a Board approved curriculum of an accredited
7 institution, and at least 2 years of land surveying experience
8 verified by a professional land surveyor that was in direct
9 supervision and control of his or her activities; or
10     (4) at least 24 semester hours of land surveying courses
11 from a Board approved curriculum of an accredited institution
12 and at least 4 years of land surveying experience verified by a
13 professional land surveyor that was in direct supervision and
14 control of his or her activities.
15 (Source: P.A. 91-132, eff. 1-1-00.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.