Full Text of HB0900 94th General Assembly
HB0900 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0900
Introduced 2/2/2005, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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225 ILCS 305/4 |
from Ch. 111, par. 1304 |
225 ILCS 305/8 |
from Ch. 111, par. 1308 |
225 ILCS 305/16.5 |
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225 ILCS 325/4 |
from Ch. 111, par. 5204 |
225 ILCS 325/5 |
from Ch. 111, par. 5205 |
225 ILCS 325/17.5 |
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225 ILCS 330/4 |
from Ch. 111, par. 3254 |
225 ILCS 330/6 |
from Ch. 111, par. 3256 |
225 ILCS 330/18.5 |
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225 ILCS 340/4 |
from Ch. 111, par. 6604 |
225 ILCS 340/6 |
from Ch. 111, par. 6606 |
225 ILCS 340/14.5 |
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Amends the Illinois Architecture Practice Act of 1989. Defines "Architect, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired architects who have been granted the title and who meet certain other requirements. Amends the Professional Engineering Practice Act. Defines "Professional Engineer, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired professional engineers who have been granted the title and who meet certain other requirements. Amends the Professional Land Surveyor Act of 1989. Defines "Professional Land Surveyor, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired professional land surveyors who have been granted the title and who meet certain other requirements. Amends the Structural Engineering Practice Act. Defines "Structural Engineer, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired structural engineers who have been granted the title and who meet certain other requirements. Effective January 1, 2006.
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A BILL FOR
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Architecture Practice Act of 1989 | 5 |
| is amended by changing Sections 4, 8, and 16.5 as follows:
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| (225 ILCS 305/4) (from Ch. 111, par. 1304)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. In this Act:
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| (a) "Department" means the Department of Professional | 10 |
| Regulation.
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| (b) "Director" means the Director of Professional | 12 |
| Regulation.
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| (c) "Board" means the Illinois Architecture Licensing | 14 |
| Board appointed by the Director.
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| (d) "Public health" as related to the practice of | 16 |
| architecture means the state of the well-being of the body or | 17 |
| mind of the building user.
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| (e) "Public safety" as related to the practice of | 19 |
| architecture means the state of being reasonably free from risk | 20 |
| of danger, damage, or injury.
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| (f) "Public welfare" as related to the practice of | 22 |
| architecture means the well-being of the building user | 23 |
| resulting from the state of a physical environment that | 24 |
| accommodates human activity.
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| (g) "Architect, Retired" means the title granted by the | 26 |
| Department of Financial and Professional Regulation to a person | 27 |
| who has been duly licensed as an architect by the Department | 28 |
| and who chooses to relinquish or not renew his or her license.
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| (Source: P.A. 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/8) (from Ch. 111, par. 1308)
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| (Section scheduled to be repealed on January 1, 2010)
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| Sec. 8. Powers and duties of the Department.
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| (1) Subject to the provisions of this Act, the Department | 3 |
| shall
exercise the following functions, powers, and duties:
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| (a) conduct examinations to ascertain the | 5 |
| qualifications and fitness
of applicants for licensure as | 6 |
| licensed architects, and pass upon the
qualifications and | 7 |
| fitness of applicants for licensure by endorsement;
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| (b) prescribe rules for a method of examination of | 9 |
| candidates;
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| (c) prescribe rules defining what constitutes a | 11 |
| school, college or
university, or department of a | 12 |
| university, or other institution, reputable
and in good | 13 |
| standing, to determine whether or not a school, college or
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| university, or department of a university, or other | 15 |
| institution is
reputable and in good standing by reference | 16 |
| to compliance with such
rules, and to terminate the | 17 |
| approval of such school, college or university
or | 18 |
| department of a university or other institution that | 19 |
| refuses admittance
to applicants solely on the basis of | 20 |
| race, color, creed, sex or national
origin. The Department | 21 |
| may adopt, as its own rules relating to education
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| requirements, those guidelines published from time to time | 23 |
| by the National
Architectural Accrediting Board;
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| (d) prescribe rules for diversified professional | 25 |
| training;
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| (e) conduct oral interviews, disciplinary conferences | 27 |
| and formal
evidentiary hearings on proceedings to impose | 28 |
| fines or to suspend, revoke,
place on probationary status, | 29 |
| reprimand, and refuse to issue or restore any
license | 30 |
| issued under the provisions of this Act for the reasons set | 31 |
| forth
in Section 22 of this Act;
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| (f) issue licenses to those who meet the requirements | 33 |
| of this Act;
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| (g) formulate and publish rules necessary or | 35 |
| appropriate to carrying out
the provisions of this Act; and
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| (h) maintain membership in the National Council of |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| Architectural
Registration Boards and participate in | 2 |
| activities of the Council by
designation of individuals for | 3 |
| the various classifications of membership and
the | 4 |
| appointment of delegates for attendance at regional and | 5 |
| national meetings
of the Council. All costs associated with | 6 |
| membership and attendance of such
delegates to any national | 7 |
| meetings may be funded from the Design Professionals
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| Administration and Investigation Fund ; and
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| (i) adopt rules concerning the issuance of the title | 10 |
| "Architect, Retired".
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| (2) Prior to issuance of any final decision or order that | 12 |
| deviates from
any report or recommendation of the Board | 13 |
| relating to the qualification of
applicants, discipline of | 14 |
| licensees or registrants, or promulgation of rules,
the | 15 |
| Director shall notify the Board in writing with an explanation | 16 |
| of the deviation and provide a reasonable time for the Board to | 17 |
| submit
written comments to the Director regarding the proposed
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| action. In the event that the Board fails or declines to submit
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| written comments within 30 days of the notification, the | 20 |
| Director
may issue a final decision or order consistent with | 21 |
| the
Director's original decision. The Department may at any | 22 |
| time seek the expert
advice and knowledge of the Board on any | 23 |
| matter relating to the enforcement of
this Act.
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| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| (225 ILCS 305/16.5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 16.5. Continuing education. The Department may | 28 |
| promulgate rules of
continuing education for persons licensed | 29 |
| under this Act. The Department shall
consider the | 30 |
| recommendations of the Board in establishing the guidelines for
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| the continuing education requirements. The requirements of | 32 |
| this Section apply
to any person seeking renewal or restoration | 33 |
| under Section 16 or 17 of this
Act.
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| The Department may, by rule, exempt from continuing | 35 |
| education requirements retired architects who apply for and are |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| granted the tile "Architect, Retired" and who no longer sign | 2 |
| and seal architectural documents or actively engage in the | 3 |
| practice of architecture as defined by this Act.
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| Section 10. The Professional Engineering Practice Act of | 6 |
| 1989 is amended by changing Sections 4, 5, and 17.5 as follows:
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| (225 ILCS 325/4) (from Ch. 111, par. 5204)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Approved engineering curriculum" means
an engineering | 11 |
| curriculum or program
of 4 academic years or more which meets | 12 |
| the standards established by the
rules of the Department.
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| (b) "Board" means the State Board of Professional Engineers | 14 |
| of the
Department of Professional Regulation, previously known | 15 |
| as the Examining
Committee.
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| (c) "Department" means the Department of Professional | 17 |
| Regulation.
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| (d) "Design professional" means an architect, structural | 19 |
| engineer or
professional engineer practicing in conformance | 20 |
| with the Illinois
Architecture Practice Act of 1989, the | 21 |
| Structural
Engineering Practice Act of 1989 or the
Professional | 22 |
| Engineering Practice Act of 1989.
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| (e) "Director" means the Director of Professional | 24 |
| Regulation.
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| (f) "Direct supervision/responsible charge" means work
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| prepared under the control of a licensed professional engineer | 27 |
| or that
work as to which that professional engineer has | 28 |
| detailed professional
knowledge.
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| (g) "Engineering college" means a school, college, | 30 |
| university,
department of a university or other educational | 31 |
| institution, reputable
and in good standing in accordance with | 32 |
| rules prescribed by the
Department, and which grants | 33 |
| baccalaureate degrees in engineering.
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| (h) "Engineering system or facility" means a system or |
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LRB094 07090 RAS 37235 b |
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| facility whose
design is based upon the application of the | 2 |
| principles of science for
the purpose of modification of | 3 |
| natural states of being.
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| (i) "Engineer intern" means a person who is a candidate for
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| licensure as a professional engineer and who has been enrolled | 6 |
| as an
engineer intern.
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| (j) "Enrollment" means an action by the Department to | 8 |
| record those
individuals who have met the Board's requirements | 9 |
| for an engineer
intern.
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| (k) "License" means an official document issued by the | 11 |
| Department to
an individual, a corporation, a partnership, a | 12 |
| professional
service corporation, a limited liability company, | 13 |
| or a sole proprietorship,
signifying authority to
practice.
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| (l) "Negligence in the practice of professional | 15 |
| engineering" means the
failure to exercise that degree of | 16 |
| reasonable professional skill, judgment
and diligence normally | 17 |
| rendered by professional engineers in the
practice of | 18 |
| professional engineering.
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| (m) "Professional engineer" means a person licensed under | 20 |
| the laws
of the State of Illinois to practice professional | 21 |
| engineering.
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| (n) "Professional engineering" means the application of | 23 |
| science to the
design of engineering systems and facilities | 24 |
| using the knowledge,
skills, ability and professional judgment | 25 |
| developed through professional
engineering education, training | 26 |
| and experience.
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| (o) "Professional engineering practice" means the | 28 |
| consultation on,
conception, investigation, evaluation, | 29 |
| planning, and design of, and
selection of materials to be used | 30 |
| in, administration of
construction contracts for, or site | 31 |
| observation of,
an engineering system
or facility, where such | 32 |
| consultation, conception, investigation,
evaluation, planning, | 33 |
| design, selection, administration, or observation
requires | 34 |
| extensive knowledge of engineering laws, formulae, materials,
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| practice, and construction methods. A person shall be construed | 36 |
| to
practice or offer to practice professional engineering, |
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LRB094 07090 RAS 37235 b |
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| within the
meaning and intent of this Act, who practices, or | 2 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or | 3 |
| any other way, is represented
to be a professional engineer, or | 4 |
| through the use of the initials "P.E."
or the title "engineer" | 5 |
| or any of its derivations or some other title
implies licensure | 6 |
| as a professional engineer, or holds himself out as able to
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| perform any service which is recognized as professional | 8 |
| engineering
practice.
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| Examples of the practice of professional engineering | 10 |
| include, but need
not be limited to, transportation facilities | 11 |
| and publicly owned
utilities for a region or community,
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| railroads, railways, highways, subways, canals, harbors, river
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| improvements; irrigation works; aircraft, airports and landing | 14 |
| fields;
waterworks, piping systems and appurtenances, sewers, | 15 |
| sewage disposal
works; plants for the generation of
power; | 16 |
| devices for the utilization of power; boilers; refrigeration
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| plants, air conditioning systems and plants; heating systems | 18 |
| and plants;
plants for the transmission or distribution of | 19 |
| power; electrical plants
which produce, transmit, distribute, | 20 |
| or utilize electrical energy; works
for the extraction of | 21 |
| minerals from the earth; plants for the refining,
alloying or | 22 |
| treating of metals; chemical works and industrial plants
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| involving the use of chemicals and chemical processes; plants | 24 |
| for the
production, conversion, or utilization of nuclear, | 25 |
| chemical, or radiant
energy; forensic engineering, | 26 |
| geotechnical engineering including,
subsurface investigations; | 27 |
| soil classification, geology and geohydrology,
incidental to | 28 |
| the practice of professional engineering; energy
analysis, | 29 |
| environmental design, hazardous waste mitigation and control;
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| recognition, measurement, evaluation and control of | 31 |
| environmental systems and
emissions; automated building | 32 |
| management systems;
or the provision of professional | 33 |
| engineering site observation of the
construction of works and | 34 |
| engineering systems. Nothing contained in
this Section imposes | 35 |
| upon a person licensed under this Act the
responsibility for | 36 |
| the performance of any of the foregoing functions
unless such |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| person specifically contracts to provide it.
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| (p) "Project representative" means the professional | 3 |
| engineer's
representative at the project site who assists in | 4 |
| the administration of
the construction contract.
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| (q) "Registered" means the same as "licensed" for purposes | 6 |
| of this Act.
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| (r) "Related science curriculum" means a 4 year program of | 8 |
| study, the
satisfactory completion of which results in a | 9 |
| Bachelor of Science
degree, and which contains courses from | 10 |
| such areas as life, earth,
engineering and computer sciences, | 11 |
| including but not limited to, physics
and chemistry. In the | 12 |
| study of these sciences, the objective is to
acquire | 13 |
| fundamental knowledge about the nature of its phenomena,
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| including quantitative expression, appropriate to particular | 15 |
| fields of
engineering.
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| (s) "Rules" means those rules promulgated pursuant to this | 17 |
| Act.
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| (t) "Seal" means the seal in compliance with Section 14 of | 19 |
| this Act.
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| (u) "Site observation" is visitation of the construction | 21 |
| site for the
purpose of reviewing, as available, the quality | 22 |
| and conformance of the
work to the technical submissions as | 23 |
| they relate to design.
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| (v) "Support design professional" means a professional | 25 |
| engineer
practicing in conformance with the Professional | 26 |
| Engineering Practice Act
of 1989, who provides services to the | 27 |
| design professional who has
contract responsibility.
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| (w) "Technical submissions" means designs, drawings, and | 29 |
| specifications
which establish the standard of quality for | 30 |
| materials, workmanship,
equipment, and the construction | 31 |
| systems, studies, and other technical
reports prepared in the | 32 |
| course of a design professional's practice. | 33 |
| (x) "Professional Engineer, Retired" means the title | 34 |
| granted by the Department of Financial and Professional | 35 |
| Regulation to a person who has been duly licensed as a | 36 |
| professional engineer by the Department and who chooses to |
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LRB094 07090 RAS 37235 b |
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| relinquish or not renew his or her license.
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| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 3 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
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| (225 ILCS 325/5) (from Ch. 111, par. 5205)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Powers and duties of the Department. Subject to the
| 7 |
| provisions of this Act, the Department shall exercise the | 8 |
| following
functions, powers and duties:
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| (a) To pass upon the qualifications and conduct | 10 |
| examinations of
applicants for licensure as professional | 11 |
| engineers or enrollment as
engineer interns and pass upon | 12 |
| the qualifications of applicants by
endorsement and issue a | 13 |
| license or enrollment to those who are found to
be fit and | 14 |
| qualified.
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| (b) To prescribe rules for the method, conduct and | 16 |
| grading of the
examination of applicants.
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| (c) To license corporations, partnerships, | 18 |
| professional service
corporations,
limited liability | 19 |
| companies, and sole proprietorships
for the practice of
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| professional engineering and issue a license to those who | 21 |
| qualify.
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| (d) To conduct investigations and
hearings regarding | 23 |
| violations of this Act and take
disciplinary or other | 24 |
| actions as provided in this Act as a result of the
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| proceedings.
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| (e) To prescribe rules as to what shall constitute an | 27 |
| engineering or
related science curriculum and to determine | 28 |
| if a specific engineering
curriculum is in compliance with | 29 |
| the rules, and to terminate the
approval of a specific | 30 |
| engineering curriculum for non-compliance with
such rules.
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| (f) To promulgate rules required for the | 32 |
| administration of this Act,
including rules of | 33 |
| professional conduct.
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| (g) To maintain membership in the National Council of
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| Examiners for Engineering and Surveying
and participate in |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| activities of the Council by designation of
individuals for | 2 |
| the various classifications of membership, the
appointment | 3 |
| of delegates for attendance at zone and national meetings | 4 |
| of
the Council, and the funding of the delegates for | 5 |
| attendance at the
meetings of the Council.
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| (h) To obtain written recommendations from the Board | 7 |
| regarding
qualifications of individuals for licensure and | 8 |
| enrollment, definitions
of curriculum content and approval | 9 |
| of engineering curricula, standards
of professional | 10 |
| conduct and formal disciplinary actions, and the
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| promulgation of the rules affecting these matters.
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| Prior to issuance of any final decision or order that | 13 |
| deviates from
any report or recommendations of the Board | 14 |
| relating to the qualification
of applicants, discipline of | 15 |
| licensees or registrants, or promulgation of
rules, the | 16 |
| Director shall notify the Board in writing with an | 17 |
| explanation of
any such deviation and provide a reasonable | 18 |
| time for the Board to submit
written comments to the | 19 |
| Director regarding the proposed action. In the
event that | 20 |
| the Board fails or declines to submit such written comments | 21 |
| within
30 days of said notification, the Director may issue | 22 |
| a final decision or orders
consistent with the Director's | 23 |
| original decision. The Department may at any
time seek the | 24 |
| expert advice and knowledge of the Board on any matter | 25 |
| relating
to the enforcement of this Act.
| 26 |
| (i) To publish and distribute or to post on the | 27 |
| Department's website, at
least semi-annually, a
newsletter | 28 |
| to all persons licensed and registered under this
Act. The | 29 |
| newsletter shall describe the most recent changes in this | 30 |
| Act and the
rules adopted under this Act and shall contain | 31 |
| information of any final
disciplinary action that has been | 32 |
| ordered under this Act since the date of the
last | 33 |
| newsletter.
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| (j) To adopt rules concerning the issuance of the title | 35 |
| "Professional Engineer, Retired".
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| None of the functions, powers or duties enumerated in this |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| Section
shall be exercised by the Department except upon the | 2 |
| action and report
in writing of the Board.
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| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
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| (225 ILCS 325/17.5)
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| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 17.5. Continuing education. The Department
may | 7 |
| promulgate rules of continuing education for persons licensed | 8 |
| under this
Act. The Department shall consider the | 9 |
| recommendations of the Board in
establishing the guidelines for | 10 |
| the continuing education requirements. The
requirements of | 11 |
| this Section apply to any person seeking renewal or restoration
| 12 |
| under Section 17 or 18 of this Act. | 13 |
| The Department may, by rule, exempt from continuing | 14 |
| education requirements retired professional engineers who | 15 |
| apply for and are granted the title "Professional Engineer, | 16 |
| Retired" and who no longer sign and seal engineering documents | 17 |
| or actively engage in the practice of engineering as defined by | 18 |
| this Act.
| 19 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 20 |
| Section 15. The Illinois Professional Land Surveyor Act of | 21 |
| 1989 is amended by changing Sections 4, 6, and 18.5 as follows:
| 22 |
| (225 ILCS 330/4) (from Ch. 111, par. 3254)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 4. Definitions. As used in this Act:
| 25 |
| (a) "Department" means the Department of Professional | 26 |
| Regulation.
| 27 |
| (b) "Director" means the Director of Professional | 28 |
| Regulation.
| 29 |
| (c) "Board" means the Land Surveyors Licensing Board.
| 30 |
| (d) "Direct supervision and control" means the personal | 31 |
| review by a
Licensed Professional Land Surveyor of each survey, | 32 |
| including, but not
limited to, procurement, research, field | 33 |
| work, calculations, preparation of
legal descriptions and |
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| plats. The personal review shall be of such a
nature as to | 2 |
| assure the client that the Professional Land Surveyor or the
| 3 |
| firm for which the Professional Land Surveyor is employed is | 4 |
| the provider
of the surveying services.
| 5 |
| (e) "Responsible charge" means an individual responsible | 6 |
| for the various
components of the land survey operations | 7 |
| subject to the overall supervision
and control of the | 8 |
| Professional Land Surveyor.
| 9 |
| (f) "Design professional" means a land surveyor, | 10 |
| architect, structural
engineer, or professional engineer | 11 |
| licensed in conformance
with this Act,
the Illinois | 12 |
| Architecture Practice Act of 1989, the
Structural Engineering | 13 |
| Practice Act of 1989, or the
Professional Engineering Practice | 14 |
| Act of 1989.
| 15 |
| (g) "Professional Land Surveyor" means any person licensed | 16 |
| under the
laws of the State of Illinois to practice land | 17 |
| surveying, as defined by
this Act or its rules.
| 18 |
| (h) "Land Surveyor-in-Training" means any person licensed | 19 |
| under the laws
of the State of Illinois who has qualified for, | 20 |
| taken, and passed an
examination in the fundamental land | 21 |
| surveyor-in-training subjects as
provided by this Act or its | 22 |
| rules.
| 23 |
| (i) "Land surveying experience" means those activities | 24 |
| enumerated in
Section 5 of this Act, which, when exercised in | 25 |
| combination, to the
satisfaction of the Board, is proof of an | 26 |
| applicant's broad range of
training in and exposure to the | 27 |
| prevailing practice of land surveying.
| 28 |
| (j) "Professional Land Surveyor, Retired" means the title | 29 |
| granted by the Department of Financial and Professional | 30 |
| Regulation to a person who has been duly licensed as a | 31 |
| professional land surveyor by the Department and who chooses to | 32 |
| relinquish or not renew his or her license.
| 33 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-467, eff. 1-1-04.)
| 34 |
| (225 ILCS 330/6) (from Ch. 111, par. 3256)
| 35 |
| (Section scheduled to be repealed on January 1, 2010)
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HB0900 |
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LRB094 07090 RAS 37235 b |
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| 1 |
| Sec. 6. Powers and duties of the Department.
| 2 |
| (a) The Department shall exercise the powers and duties | 3 |
| prescribed by The
Illinois Administrative Procedure Act for the | 4 |
| administration of licensing Acts.
The Department shall also | 5 |
| exercise, subject to the provisions of this Act, the
following | 6 |
| powers and duties:
| 7 |
| (1) Conduct or authorize examinations to ascertain the | 8 |
| fitness and
qualifications of applicants for licensure and | 9 |
| issue licenses to those who
are found to be fit and | 10 |
| qualified.
| 11 |
| (2) Prescribe rules for a method of examination.
| 12 |
| (3) Conduct hearings on proceedings to revoke, | 13 |
| suspend, or refuse to
issue, renew, or restore a license, | 14 |
| or other disciplinary actions.
| 15 |
| (4) Promulgate rules and regulations required for the | 16 |
| administration of
this Act.
| 17 |
| (5) License corporations and partnerships for the | 18 |
| practice of
professional surveying and issue a license to | 19 |
| those who qualify.
| 20 |
| (6) Prescribe, adopt, and amend rules as to what shall | 21 |
| constitute a
surveying or related science curriculum, | 22 |
| determine if a specific
surveying curriculum is in | 23 |
| compliance with the rules, and terminate the
approval of a | 24 |
| specific surveying curriculum for non-compliance with such | 25 |
| rules.
| 26 |
| (7) Maintain membership in the National Council of | 27 |
| Engineering Examiners
or a similar organization and | 28 |
| participate in activities of the Council or
organization by | 29 |
| designating individuals
for the various classifications of | 30 |
| membership and appoint
delegates for attendance at zone and | 31 |
| national meetings of the Council or
organization.
| 32 |
| (8) Obtain written recommendations from the Board | 33 |
| regarding
qualification of individuals for licensing, | 34 |
| definition of
curriculum content and approval of surveying | 35 |
| curriculums, standards of
professional conduct and | 36 |
| disciplinary actions, promulgate and
amend the rules |
|
|
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| 1 |
| affecting these matters, and consult with the
Board on | 2 |
| other matters affecting administration of the Act.
| 3 |
| (9) Adopt rules concerning the issuance of the title | 4 |
| "Professional Land Surveyor, Retired".
| 5 |
| (a-5) The Department may promulgate rules for a Code of | 6 |
| Ethics and
Standards
of Practice to be followed by persons | 7 |
| licensed under this Act. The Department
shall consider the | 8 |
| recommendations of the Board in establishing the Code of
Ethics | 9 |
| and Standards of Practice.
| 10 |
| (b) The Department shall consult with the Board in | 11 |
| promulgating rules.
Notice of proposed rulemaking shall be | 12 |
| transmitted to the Board and the
Department shall review the | 13 |
| Board's response and recommendations.
| 14 |
| (c) The Department shall review the Board's recommendation | 15 |
| of the
applicants' qualifications. The Director shall notify | 16 |
| the Board in writing
with an explanation of any deviation from | 17 |
| the Board's recommendation.
After review of the Director's | 18 |
| written explanation of his or her reasons
for
deviation, the | 19 |
| Board shall have the opportunity to comment upon the Director's
| 20 |
| decision.
| 21 |
| Whenever the Director is not satisfied that substantial | 22 |
| justice has been
done in the revocation or suspension of a | 23 |
| license, or other disciplinary
action the Director may order | 24 |
| re-hearing by the same or other boards.
| 25 |
| None of the functions, powers or duties enumerated in this | 26 |
| Section shall
be exercised by the Department except upon the | 27 |
| action and report in writing of
the Board.
| 28 |
| (Source: P.A. 93-467, eff. 1-1-04.)
| 29 |
| (225 ILCS 330/18.5)
| 30 |
| (Section scheduled to be repealed on January 1, 2010)
| 31 |
| Sec. 18.5. Continuing education. The Department may | 32 |
| promulgate rules of
continuing education for persons licensed | 33 |
| under this Act. The Department shall
consider the | 34 |
| recommendations of the Board in establishing the guidelines for
| 35 |
| the continuing education requirements. The requirements of |
|
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| this Section apply
to any person seeking renewal or restoration | 2 |
| under Section 18 or 19 of this
Act.
| 3 |
| The Department may, by rule, exempt from continuing | 4 |
| education requirements retired professional land surveyors who | 5 |
| apply for and are granted the title "Professional Land | 6 |
| Surveyor, Retired" and who no longer sign and seal land | 7 |
| surveying documents or actively engage in the practice of land | 8 |
| surveying as defined by this Act.
| 9 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 10 |
| Section 20. The Structural Engineering Practice Act of 1989 | 11 |
| is amended by changing Sections 4, 6, and 14.5 as follows:
| 12 |
| (225 ILCS 340/4) (from Ch. 111, par. 6604)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 4. In this Act:
| 15 |
| (a) "Department" means the Department of Professional | 16 |
| Regulation.
| 17 |
| (b) "Director" means the Director of the Department of | 18 |
| Professional
Regulation.
| 19 |
| (c) "Board" means the Structural Engineering Board | 20 |
| appointed by the
Director.
| 21 |
| (d) "Negligence in the practice of structural engineering" | 22 |
| means the
failure to exercise that degree of reasonable | 23 |
| professional skill, judgment
and diligence normally rendered | 24 |
| by structural engineers in the
practice of structural | 25 |
| engineering.
| 26 |
| (e) "Structural engineer intern" means a person who is a | 27 |
| candidate for
licensure as a structural engineer and who has | 28 |
| been enrolled as a structural
engineer intern.
| 29 |
| (f) "Structural engineer" means a person licensed under the | 30 |
| laws of the
State of Illinois to practice structural | 31 |
| engineering.
| 32 |
| (g) "Structural Engineer, Retired" means the title granted | 33 |
| by the Department of Financial and Professional Regulation to a | 34 |
| person who has been duly licensed as a structural engineer by |
|
|
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| 1 |
| the Department and who chooses to relinquish or not renew his | 2 |
| or her license.
| 3 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 4 |
| (225 ILCS 340/6) (from Ch. 111, par. 6606)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 6. The Department of Professional Regulation shall | 7 |
| exercise the
following functions, powers and duties subject to | 8 |
| the provisions of this Act:
| 9 |
| (1) Conduct examinations to ascertain the | 10 |
| qualifications and fitness of
applicants for licensure as | 11 |
| licensed structural engineers, and pass upon the
| 12 |
| qualifications and fitness of applicants for licensure by | 13 |
| endorsement.
| 14 |
| (2) Prescribe rules for a method of examination of
| 15 |
| candidates.
| 16 |
| (3) Prescribe rules defining what shall constitute a
| 17 |
| school, college or university or department of a | 18 |
| university, or other
institution, reputable and in good | 19 |
| standing, and to determine the
reputability and good | 20 |
| standing of a school, college or other institution
| 21 |
| reputable and in good standing by reference to a compliance | 22 |
| with such
rules; provided that no school, college or | 23 |
| university, or
department of a university or other | 24 |
| institution that refuses admittance to
applicants, solely | 25 |
| on account of race, color, creed, sex, religion,
physical | 26 |
| or mental handicap unrelated to ability, or national
origin | 27 |
| shall be considered reputable and in good standing.
| 28 |
| (3.5) Register corporations, partnerships, | 29 |
| professional service
corporations, limited liability | 30 |
| companies, and sole proprietorships for the
practice of | 31 |
| structural engineering and issue a license to those who | 32 |
| qualify.
| 33 |
| (4) Investigate complaints, conduct oral interviews, | 34 |
| disciplinary
conferences, and formal evidentiary hearings | 35 |
| on proceedings to refuse to
issue, renew or restore, or to |
|
|
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| 1 |
| suspend or revoke a license, or to place on
probation or | 2 |
| reprimand a licensee for reasons set forth in Section 20 of | 3 |
| this
Act.
| 4 |
| (5) Formulate rules necessary to carry out the | 5 |
| provisions of this Act.
| 6 |
| (6) Maintain membership in a national organization | 7 |
| that provides an
acceptable structural engineering | 8 |
| examination and participate in activities of
the | 9 |
| organization by designation of individuals for the various | 10 |
| classifications
of membership and the appointment of | 11 |
| delegates for attendance at regional and
national meetings | 12 |
| of the organization. All costs associated with membership
| 13 |
| and attendance of such delegates to any national meetings | 14 |
| may be funded from
the Design Professionals Administration | 15 |
| and Investigation Fund.
| 16 |
| (7) Adopt rules concerning the issuance of the title | 17 |
| "Structural Engineer, Retired".
| 18 |
| Prior to issuance of any final decision or order
that | 19 |
| deviates from any report or recommendation of the Board | 20 |
| relating to
the qualification of applicants, discipline of | 21 |
| licensees or registrants, or
promulgation of rules, the | 22 |
| Director shall notify the Board and the Secretary of
State in | 23 |
| writing with an explanation of any such deviation and provide a
| 24 |
| reasonable time for the Board to submit written comments to the | 25 |
| Director
regarding the proposed action. In the event that the | 26 |
| Board fails or declines
to submit such written comments within | 27 |
| 30 days of said notification, the
Director may issue a final | 28 |
| decision or order consistent with the Director's
original | 29 |
| decision.
| 30 |
| None of these functions, powers or duties shall be
| 31 |
| exercised by the Department of Professional Regulation except | 32 |
| upon the
action and report in writing of the Board.
| 33 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 34 |
| (225 ILCS 340/14.5)
| 35 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
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LRB094 07090 RAS 37235 b |
|
| 1 |
| Sec. 14.5. Continuing education. The Department may | 2 |
| promulgate rules of
continuing education for persons licensed | 3 |
| under this Act. The Department shall
consider the | 4 |
| recommendations of the Board in establishing the guidelines for
| 5 |
| the continuing education requirements. The requirements of | 6 |
| this Section apply
to any person seeking renewal or restoration | 7 |
| under Section 14 or 15 of this
Act.
| 8 |
| The Department may, by rule, exempt from continuing | 9 |
| education requirements retired structural engineers who apply | 10 |
| for and are granted the title "Structural Engineer, Retired" | 11 |
| and who no longer sign and seal structural engineering | 12 |
| documents or actively engage in the practice of structural | 13 |
| engineering as defined by this Act.
| 14 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 15 |
| Section 99. Effective date. This Act takes effect January | 16 |
| 1, 2006.
|
|