093_SB0698eng

 
SB698 Engrossed                      LRB093 10653 AMC 10975 b

 1        AN ACT concerning land surveyors.

 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
 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 8        (Section scheduled to be repealed on January 1, 2010)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
23    Illinois.  This Act shall  be  liberally  construed  to  best
24    carry out this purpose.
25    (Source: P.A. 86-987.)

26        (225 ILCS 330/3) (from Ch. 111, par. 3253)
27        (Section scheduled to be repealed on January 1, 2010)
28        Sec. 3.  Exceptions.  This Act does not prohibit: (a) any
29    person  licensed  in  this  State  under  any  other Act from
30    engaging in the practice for which that person is licensed.;
 
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 1        (b)  An individual, firm, or corporation engaged  in  any
 2    line  of  business  other than the practice of land surveying
 3    from employing a  licensed  land  surveyor  to  perform  land
 4    surveying  services  directly  incidental  to the business of
 5    that individual, firm, or corporation.
 6    (Source: P.A. 86-987.)

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 8        (Section scheduled to be repealed on January 1, 2010)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

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

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

 2        (225 ILCS 330/8) (from Ch. 111, par. 3258)
 3        (Section scheduled to be repealed on January 1, 2010)
 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
 8        of  applicants to determine eligibility as a Professional
 9        Land Surveyor or Land Surveyor-in-Training and submit  to
10        the   Director   written   recommendations  on  applicant
11        qualifications for licensing;
12             (b)  Conduct hearings regarding disciplinary actions
13        and submit a written report to the Director  as  required
14        by  this  Act  and  provide  a  Board  member at informal
15        conferences;
16             (c)  Visit  universities  or  colleges  to  evaluate
17        surveying curricula and submit to the Director a  written
18        recommendation of acceptability of the curriculum;
19             (d)  Submit a written recommendation to the Director
20        concerning  promulgation  or  amendment  of rules for the
21        administration of this Act;
22             (e)  The Department may at any time seek the  expert
23        advice  and knowledge of the Board on any matter relating
24        to the enforcement of this Act;
25             (f)  The Board may appoint a subcommittee  to  serve
26        as  a Complaint Committee to recommend the disposition of
27        case files according to procedures established by rule;
28             (g)  Hold at least 4 3 regular meetings  each  year;
29        and
30             (h)  The  Board  shall  annually elect a Chairperson
31        and a Vice Chairperson who  shall  be  licensed  Illinois
32        Professional Land Surveyors.
33        A  quorum  of  the  Board  shall consist of a majority of
 
SB698 Engrossed             -9-      LRB093 10653 AMC 10975 b
 1    Board members appointed.
 2    (Source: P.A. 91-132, eff. 1-1-00.)

 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
10        and 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 has at least 4 years of
20        responsible charge experience, subsequent to  passage  of
21        an     examination    for    licensure    as    a    Land
22        Surveyor-in-Training, verified  by  a  Professional  Land
23        Surveyor   in   responsible   charge  of  land  surveying
24        operations under the direct supervision and control of  a
25        Professional Land Surveyor; and
26             (6)  who has passed an examination authorized by the
27        Department  to  determine his or her fitness to receive a
28        license as a Professional Land Surveyor.
29        (b)  A person is qualified to receive a license as a Land
30    Surveyor-in-Training and the Department shall issue a license
31    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 the required education as set forth  in
 4        this Act; and
 5             (5)  who has passed an examination authorized by the
 6        Department  to  determine his or her fitness to receive a
 7        license as a Land Surveyor-in-Training in accordance with
 8        this Act.
 9        In determining moral character under  this  Section,  the
10    Department  may take into consideration whether the applicant
11    has engaged in  conduct  or  actions  that  would  constitute
12    grounds for discipline under this Act.
13    (Source: P.A. 91-132, eff. 1-1-00.)

14        (225 ILCS 330/15) (from Ch. 111, par. 3265)
15        (Section scheduled to be repealed on January 1, 2010)
16        Sec.  15.  Seal.   Every Professional Land Surveyor shall
17    have a reproducible seal or facsimile, which may be  computer
18    generated,  the impression of which shall contain the name of
19    the land surveyor, his or her place of business, the  license
20    number,  of  the  Professional  Land  Surveyor, and the words
21    "Professional Land Surveyor, State of Illinois".   Signatures
22    generated by computer or rubber stamp shall not be permitted.
23    A   Professional  Land  Surveyor  shall  seal  all  documents
24    prepared by or under the direct supervision  and  control  of
25    the  Professional  Land  Surveyor.    Any  seal authorized or
26    approved by the Department under the Illinois Land  Surveyors
27    Act  shall serve the same purpose as the seal provided for by
28    this Act. Signatures  generated  by  computer  shall  not  be
29    permitted.   The  licensee's  written  signature  and date of
30    signing along with the date of license  expiration  shall  be
31    placed adjacent to the seal.
32    (Source: P.A. 90-655, eff. 7-30-98; 91-132, eff. 1-1-00.)
 
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 1        (225 ILCS 330/20) (from Ch. 111, par. 3270)
 2        (Section scheduled to be repealed on January 1, 2010)
 3        Sec. 20.  Endorsement.  Upon payment of the required fee,
 4    an applicant who is a Professional Land Surveyor, registered,
 5    licensed,  or otherwise legally recognized as a Land Surveyor
 6    under the laws of another state or territory  of  the  United
 7    States  may  be granted a license as an Illinois Professional
 8    Land Surveyor by the Department with approval  of  the  Board
 9    upon the following conditions:
10             (a)  That  the  applicant meets the requirements for
11        licensing in this State, and that  the  requirements  for
12        licensing or other legal recognition of Land Surveyors in
13        the  particular  state  or territory were, at the date of
14        issuance of the license or certificate, equivalent to the
15        requirements then in effect in the State of Illinois; and
16             (b)  That  the  applicant  passes  a  jurisdictional
17        examination to determine the applicant's knowledge of the
18        surveying tasks unique to the State of Illinois  and  the
19        laws pertaining thereto.
20    (Source: P.A. 90-602, eff. 6-26-98; 91-132, eff. 1-1-00.)

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

17        (225 ILCS 330/45) (from Ch. 111, par. 3295)
18        (Section scheduled to be repealed on January 1, 2010)
19        Sec.  45.   Entry  upon  adjoining  land;  Liability  for
20    damages.  A Professional Land Surveyor, or persons under  his
21    direct  supervision,  together with his survey party, who, in
22    the course of making a survey, finds it necessary to go  upon
23    the  land  of  a party or parties other than the one for whom
24    the survey is being made is not liable for civil or  criminal
25    trespass  as  a  trespasser and is liable only for any actual
26    damage done to the land or property.
27    (Source: P.A. 86-987.)

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