Illinois General Assembly - Bill Status for SB1384

Deletes everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Professional Land Surveyor Act of 1989 and the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Professional Engineering Practice Act of 1989. Replaces all references to "Director" with "Secretary". In a provision concerning exemption from the Act for services performed by certain business organizations, provides that services performed by employees of a business organization engaged in telecommunications are exempt. Exempts from the Act the regular and customary practice of a private alarm contractor who is licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Exempts from the Act the providing of fire protection system layout documents by a fire sprinkler contractor licensed under the Fire Sprinkler Contractor Licensing Act. Defines "fire protection system layout documents" and "address of record". Provides that a building permit for a building that requires a fire suppression system shall not be issued without the submission of a technical submission prepared and sealed by a licensed design professional. Provides that the Department of Financial and Professional Regulation may further define "direct supervision/responsible charge" by rule. Provides additional practices that are "professional engineering practice". In a provision providing examples of the practice of professional engineering, provides that nothing in the provision imposes upon a person licensed under the Act the responsibility for the performance of any of the functions listed in the provision unless such person specifically contracts to perform such functions. Changes the definition of "technical submissions". Provides that prior to the Department issuing any final decision or order that deviates from any report or recommendations of the Board relating to qualifications of applicants, disciplinary actions, or promulgation of rules, the Secretary of the Department must notify the State Board of Professional Engineers in writing with an explanation of any such deviation (now, the Secretary is required to wait 30 days for the Board's written comments). Allows the Department to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Board. In a provision concerning the Board, provides that no member shall be reappointed to the Board for a term which would cause that individual's lifetime (instead of continuous) service on the Board to be longer than 15 years, prohibits the public member from holding a license as an architect, professional engineer, structural engineer, or land surveyor (now, an employee of the State), provides that a quorum shall consist of 6 members (now, a majority) and that a quorum is required for Board decisions, and provides that members may receive compensation as determined by the Secretary (now, shall receive compensation when attending Board meetings or meetings approved by the Secretary). Provides that an engineer shall be responsible for his or her seal and signature as defined by rule. Provides that any licensee who chooses to deactivate or not renew his or her license may use the title "Professional Engineer, Retired". Further provides that those persons using the title "Professional Engineer, Retired" shall not be permitted to practice engineering, but may request restoration to active status under the applicable provisions of the Act. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department shall take disciplinary action in cases where the Department of Healthcare and Family Services (formerly the Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Makes changes concerning license applications and qualifications, endorsement, names and addresses, disciplinary action, subpoenas, depositions, and oaths, restoration of a suspended or revoked license, and penalties. Makes other changes. Amends the Illinois Professional Land Surveyor Act of 1989. Replaces all references to "Director" with "Secretary". Provides additional practices that constitute the practice of land surveying. In a provision defining the practice of land surveying, provides that nothing in the provision imposes upon a person licensed under the Act the responsibility for the performance of any of the foregoing functions constituting the practice of land surveying unless such person specifically contracts to perform such functions. Allows the Department of Financial and Professional Regulation to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Land Surveyors Licensing Board. Provides that the Secretary of the Department may (instead of shall) consider the advice and recommendations of the Board on issues involving standards of professional conduct, discipline, and qualifications of the candidates and licensees under the Act. Provides that a quorum of the Board shall consist of 4 members and that a quorum is required for all Board decisions. In a provision concerning the qualifications of a person applying for license as a Professional Land Surveyor, adds the requirement that the applicant must have a baccalaureate degree in a related science if he or she does 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 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) a high school diploma or equivalent, 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. Provides that the Department shall take disciplinary action in cases where the Department of Healthcare and Family Services (formerly the Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department. Provides that the Department shall take disciplinary action against any person that commits certain tax violations. Makes changes concerning Department powers and duties, Board members and their powers and duties, deviations from Board recommendations, license applications and qualifications, the seal, unlicensed practice, inactive status, continuing education, names and addresses, professional design firms, disciplinary action, injunctions and cease and desist orders, investigations and hearings, subpoenas, depositions, and oaths, and penalties. Effective immediately.

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