Full Text of SB1826 98th General Assembly
SB1826 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1826 Introduced 2/15/2013, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: |
| 5 ILCS 175/5-120 | | 225 ILCS 305/14 | from Ch. 111, par. 1314 | 225 ILCS 325/14 | from Ch. 111, par. 5214 | 225 ILCS 330/15 | from Ch. 111, par. 3265 | 225 ILCS 340/12 | from Ch. 111, par. 6612 |
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Amends the Electronic Commerce Security Act. Provides that a municipality may, in the course of exercising any permitting, licensing, or other regulatory function, accept documents with an electronic signature. Makes changes concerning the seal, date, and signature on technical submissions in the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Illinois Professional Land Surveyor Act of 1989, and the Structural Engineering Practice Act of 1989. Provides that when specified professionals have technical submissions that are prepared utilizing a computer or other electronic means, the seal, signature, current date, and date of license expiration may be generated by the computer. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Electronic Commerce Security Act is amended | 5 | | by changing Section 5-120 as follows:
| 6 | | (5 ILCS 175/5-120)
| 7 | | Sec. 5-120. Electronic signatures.
| 8 | | (a) Where a rule of law requires a signature, or provides | 9 | | for certain
consequences if a
document is not signed, an | 10 | | electronic signature satisfies that rule of law.
| 11 | | (a-5) A municipality may, in the course of exercising any | 12 | | permitting, licensing, or other regulatory function, accept | 13 | | documents with an electronic signature, including, but not | 14 | | limited to, the technical submissions of a design professional | 15 | | with an electronic signature. | 16 | | (b) An electronic signature may be proved in any manner, | 17 | | including by
showing that a
procedure existed by which a party | 18 | | must of necessity have executed a symbol or
security procedure | 19 | | for
the purpose of verifying that an electronic record is that | 20 | | of such party in
order to proceed further with a
transaction.
| 21 | | (c) The provisions of this Section shall not apply:
| 22 | | (1) when its application would involve a construction | 23 | | of a rule of law
that is clearly
inconsistent with the |
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| 1 | | manifest intent of the lawmaking body or repugnant to the
| 2 | | context of the
same rule of law, provided that the mere | 3 | | requirement of a "signature" or that a
record be
"signed" | 4 | | shall not by itself be sufficient to establish such intent;
| 5 | | (2) to any rule of law governing the creation or | 6 | | execution of a will or
trust, living
will, or healthcare | 7 | | power of attorney; and
| 8 | | (3) to any record that serves as a unique and | 9 | | transferable instrument of
rights and
obligations | 10 | | including, without limitation, negotiable instruments and | 11 | | other
instruments of title
wherein possession of the | 12 | | instrument is deemed to confer title, unless an
electronic | 13 | | version of
such record is created, stored, and transferred | 14 | | in a manner that allows for the
existence of only
one | 15 | | unique, identifiable, and unalterable original with the | 16 | | functional
attributes of an equivalent
physical | 17 | | instrument, that can be possessed by only one person, and | 18 | | which cannot
be copied
except in a form that is readily | 19 | | identifiable as a copy.
| 20 | | (Source: P.A. 90-759, eff. 7-1-99.)
| 21 | | Section 10. The Illinois Architecture Practice Act of 1989 | 22 | | is amended by changing Section 14 as follows:
| 23 | | (225 ILCS 305/14) (from Ch. 111, par. 1314)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 14. Display of license; Seal. Every holder of a | 2 | | license as a
licensed architect shall display it in a | 3 | | conspicuous place in the principal
office of the architect.
| 4 | | Every licensed architect shall have a reproducible
seal, or | 5 | | facsimile,
the print of which shall contain the name of the | 6 | | architect, the license
number, and the words "Licensed | 7 | | Architect, State of Illinois". The
licensed architect shall | 8 | | affix the signature, current date, date of license
expiration | 9 | | and seal to the first sheet of any bound set or loose sheets of
| 10 | | technical submissions utilized as contract
documents between | 11 | | the parties to the contract or prepared for the
review and | 12 | | approval of any governmental or public authority having
| 13 | | jurisdiction by that licensed architect or under that licensed
| 14 | | architect's responsible control. The sheet
of technical | 15 | | submissions in which the seal is affixed shall indicate those | 16 | | documents or
parts thereof for which the seal shall apply.
When | 17 | | technical submissions are prepared utilizing a computer or | 18 | | other electronic means, the seal, signature, current date, and | 19 | | date of license expiration may be generated by the computer. | 20 | | The seal and dates may be electronically affixed. The signature | 21 | | must be
in the original handwriting of the licensee. Signatures | 22 | | generated by computer
shall not be permitted. All technical | 23 | | submissions issued by any corporation,
partnership, | 24 | | professional service corporation, or professional design firm | 25 | | as
registered under this Act shall contain the corporate or | 26 | | assumed business name
and design firm registration number, in |
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| 1 | | addition to any other seal
requirements as set forth in this | 2 | | Section.
| 3 | | "Responsible control" means that amount of control over and | 4 | | detailed
professional knowledge of
the content of technical | 5 | | submissions during their preparation as is ordinarily
| 6 | | exercised by architects
applying the required professional | 7 | | standard of care. Merely reviewing or
reviewing and correcting | 8 | | the
technical submissions or any portion thereof prepared by | 9 | | those not in the
regular employment of the
office where the | 10 | | architect is resident without control over the content of such
| 11 | | work throughout its
preparation does not constitute | 12 | | responsible control.
| 13 | | An architect licensed under the laws of this jurisdiction | 14 | | shall not sign and
seal technical
submissions that were not | 15 | | prepared by or under the responsible control of the
architect | 16 | | except that:
| 17 | | (1) the architect may sign and seal those portions of | 18 | | the technical
submissions that were
prepared by or under | 19 | | the responsible control of persons who hold a license
under | 20 | | this Act, and
who shall have signed and sealed the | 21 | | documents, if the architect has reviewed
in whole or in
| 22 | | part such portions and has either coordinated their | 23 | | preparation or integrated
them into his or
her work;
| 24 | | (2) the architect may sign and seal portions of the | 25 | | professional work that
are not
required by this Act to be | 26 | | prepared by or under the responsible control of an
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| 1 | | architect if the
architect has reviewed and adopted in | 2 | | whole or in part such portions and has
integrated them
into | 3 | | his or her work; and
| 4 | | (3) a partner or corporate officer of a professional | 5 | | design firm
registered in Illinois
who is licensed under | 6 | | the architecture licensing laws of this State, and who
has | 7 | | professional
knowledge of the content of the technical | 8 | | submissions and intends to be
responsible for the
adequacy | 9 | | of the technical submissions, may sign and seal technical | 10 | | submissions
that are prepared
by or under the responsible | 11 | | control of architects who are licensed in this
State and | 12 | | who are in
the regular employment of the professional | 13 | | design firm.
| 14 | | The architect exercising responsible control under which | 15 | | the documents or
portions of the
documents were prepared shall | 16 | | be identified on the documents or portions of the
documents by | 17 | | name and
Illinois license number.
| 18 | | Any licensed architect who signs and seals technical | 19 | | submissions not prepared
by that architect
but prepared under | 20 | | the architect's responsible control by persons not regularly
| 21 | | employed in the office
where the architect is resident shall | 22 | | maintain and make available to the board
upon request for at
| 23 | | least 5 years following such signing and sealing, adequate and | 24 | | complete records
demonstrating the
nature and extent of the | 25 | | architect's control over and detailed professional
knowledge | 26 | | of such
technical submissions throughout their preparation.
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| 1 | | (Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02 .)
| 2 | | Section 15. The Professional Engineering Practice Act of | 3 | | 1989 is amended by changing Section 14 as follows:
| 4 | | (225 ILCS 325/14) (from Ch. 111, par. 5214)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 14. Seal. Every professional engineer shall
have a | 7 | | seal or
stamp, the print of which shall
be reproducible and
| 8 | | contain the name of the
professional engineer, the professional | 9 | | engineer's license number, and
the words "Licensed | 10 | | Professional Engineer of Illinois".
Any
reproducible stamp | 11 | | heretofore authorized under the laws of this
state for use by a
| 12 | | professional engineer, including those with the words | 13 | | "Registered
Professional Engineer of Illinois",
shall serve | 14 | | the same purpose as the seal provided
for by this Act. The | 15 | | engineer shall be responsible for his seal and signature as | 16 | | defined by rule.
When technical submissions are prepared | 17 | | utilizing a computer or other electronic means, the seal, | 18 | | signature, current date, and date of license expiration may be | 19 | | generated by the computer. When technical submissions are | 20 | | prepared utilizing a computer or other
electronic means, the | 21 | | seal may be generated by the computer. Signatures
generated by | 22 | | computer shall not be permitted.
| 23 | | The use of a professional engineer's seal on technical | 24 | | submissions
constitutes a representation by the professional |
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| 1 | | engineer that the work
has been prepared by or under the | 2 | | personal supervision of the professional
engineer or developed | 3 | | in conjunction with the use of accepted engineering
standards. | 4 | | The use of the seal further represents that the work has been
| 5 | | prepared and administered in accordance with the
standards of | 6 | | reasonable professional skill and diligence.
| 7 | | It is unlawful to affix one's seal to technical submissions | 8 | | if
it masks the true identity of the person who actually | 9 | | exercised
direction, control and supervision of the | 10 | | preparation of such work. A
professional engineer who seals and | 11 | | signs technical submissions is not
responsible for damage | 12 | | caused by subsequent changes to or uses of those
technical | 13 | | submissions, where the subsequent changes or uses, including
| 14 | | changes or uses made by State or local governmental agencies, | 15 | | are not
authorized or approved by the professional engineer who | 16 | | originally
sealed and signed the technical submissions.
| 17 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 18 | | Section 20. The Illinois Professional Land Surveyor Act of | 19 | | 1989 is amended by changing Section 15 as follows:
| 20 | | (225 ILCS 330/15) (from Ch. 111, par. 3265)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 15. Seal. Every Professional Land Surveyor shall have | 23 | | a
reproducible seal or facsimile, which may be computer | 24 | | generated, the
impression of which
shall contain the name of |
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| 1 | | the land surveyor, his or her place of business,
the license
| 2 | | number, of the Professional Land Surveyor, and the words | 3 | | "Professional Land
Surveyor, State of Illinois". When | 4 | | technical submissions are prepared utilizing a computer or | 5 | | other electronic means, the seal, signature, current date, and | 6 | | date of license expiration may be generated by the computer. | 7 | | Signatures generated by computer or rubber
stamp shall not be | 8 | | permitted. A
Professional Land Surveyor shall seal all | 9 | | documents prepared by or
under the direct supervision and | 10 | | control of the Professional Land Surveyor.
Any seal authorized | 11 | | or approved by the Department under the Illinois Land
Surveyors | 12 | | Act shall serve the same purpose as the seal provided for by | 13 | | this
Act. The
licensee's written signature and date of signing | 14 | | along with the date of license
expiration shall be placed | 15 | | adjacent to the seal.
| 16 | | (Source: P.A. 93-467, eff. 1-1-04 .)
| 17 | | Section 25. The Structural Engineering Practice Act of 1989 | 18 | | is amended by changing Section 12 as follows:
| 19 | | (225 ILCS 340/12) (from Ch. 111, par. 6612)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 12.
Every holder of a license as a structural engineer | 22 | | shall
display it in a conspicuous place in the holder's | 23 | | principal office, place
of business or employment.
| 24 | | Every licensed structural engineer shall have a |
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| 1 | | reproducible seal or
facsimile, the print of which shall | 2 | | contain the name and
license number of the structural engineer, | 3 | | and the words "Licensed
Structural Engineer," "State of | 4 | | Illinois." The licensed structural
engineer shall seal all | 5 | | plans, drawings, and specifications
prepared by or under the | 6 | | engineer's supervision.
| 7 | | A licensed structural engineer may seal documents not | 8 | | produced by the
licensed structural engineer when the documents | 9 | | have either been produced
by others working under the licensed | 10 | | structural engineer's personal
supervision and control or when | 11 | | the licensed structural engineer has
sufficiently reviewed the | 12 | | documents to ensure that they have met the
standards of | 13 | | reasonable professional skill and diligence. In reviewing the
| 14 | | work of others, the licensed structural engineer shall, where | 15 | | necessary, do
calculations, redesign, or any other work | 16 | | necessary to
be done to meet
such standards and should retain | 17 | | evidence of having done such review. The
documents sealed by | 18 | | the licensed structural engineer shall be of no lesser
quality | 19 | | than if they had been produced by the licensed structural | 20 | | engineer.
The licensed structural engineer who seals the work | 21 | | of others is obligated
to provide sufficient supervision and | 22 | | review of such work so that the
public is protected.
| 23 | | The licensed structural engineer shall affix the | 24 | | signature, current date,
date of license expiration and seal to | 25 | | the first sheet of any bound set or
loose sheets prepared by | 26 | | the licensed structural engineer or under that
licensed |
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| 1 | | structural engineer's immediate supervision. When technical | 2 | | submissions are prepared utilizing a computer or other | 3 | | electronic means, the seal, signature, current date, and date | 4 | | of license expiration may be generated by the computer.
| 5 | | (Source: P.A. 91-91, eff. 1-1-00 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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