Full Text of HB3322 100th General Assembly
HB3322enr 100TH GENERAL ASSEMBLY |
| | HB3322 Enrolled | | LRB100 11366 SMS 21752 b |
|
| 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 Illinois Professional Land Surveyor Act of | 5 | | 1989 is amended by changing Sections 1, 4, 5, 8, 11, 12, 13, | 6 | | 14, 16, 16.5, 17, 18, 23, 40, and 48 as follows:
| 7 | | (225 ILCS 330/1) (from Ch. 111, par. 3251)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 1. Declaration of public policy. The practice of land | 10 | | surveying
in the State of Illinois is hereby declared to affect | 11 | | the public health,
safety, and welfare and to be subject to | 12 | | regulation and control in the
public interest. It is further | 13 | | declared
that the determination and physical protraction of | 14 | | land
boundaries using the appropriate application of boundary | 15 | | law principles , together with the attendant preparation of | 16 | | legal descriptions
and plats, which bear witness for posterity | 17 | | to chronicle the acts and wishes of landowners throughout this
| 18 | | State is a matter of public interest and concern. Therefore, it | 19 | | is in the
public interest that the practice of land surveying, | 20 | | as defined in this Act,
merit and receive the confidence of the | 21 | | public, and that only qualified persons
be authorized to | 22 | | practice land surveying in the State of Illinois. This
Act | 23 | | shall be liberally construed to best carry out this purpose.
|
| | | HB3322 Enrolled | - 2 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (Source: P.A. 93-467, eff. 1-1-04 .)
| 2 | | (225 ILCS 330/4) (from Ch. 111, par. 3254)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 4. Definitions. As used in this Act:
| 5 | | (a) "Department" means the Department of Financial and | 6 | | Professional Regulation.
| 7 | | (b) "Secretary" means the Secretary of the Department of | 8 | | Financial and Professional Regulation.
| 9 | | (c) "Board" means the Land Surveyors Licensing Board.
| 10 | | (d) "Direct supervision and control" means the personal | 11 | | review by a
Licensed Professional Land Surveyor of each survey, | 12 | | including, but not
limited to, procurement, research, field | 13 | | work, calculations, preparation of
legal descriptions and | 14 | | plats. The personal review shall be of such a
nature as to | 15 | | assure the client that the Professional Land Surveyor or the
| 16 | | firm for which the Professional Land Surveyor is employed is | 17 | | the provider
of the surveying services.
| 18 | | (e) "Responsible charge" means an individual responsible | 19 | | for the various
components of the land survey operations | 20 | | subject to the overall supervision
and control of the | 21 | | Professional Land Surveyor.
| 22 | | (f) "Design professional" means a land surveyor, | 23 | | architect, structural
engineer, or professional engineer | 24 | | licensed in conformance
with this Act,
the Illinois | 25 | | Architecture Practice Act of 1989, the
Structural Engineering |
| | | HB3322 Enrolled | - 3 - | LRB100 11366 SMS 21752 b |
|
| 1 | | Practice Act of 1989, or the
Professional Engineering Practice | 2 | | Act of 1989.
| 3 | | (g) "Professional Land Surveyor" means any person licensed | 4 | | under the
laws of the State of Illinois to practice land | 5 | | surveying, as defined by
this Act or its rules.
| 6 | | (h) "Surveyor Intern" "Land Surveyor-in-Training" means | 7 | | any person licensed under the laws
of the State of Illinois who | 8 | | has qualified for, taken, and passed an
examination in the | 9 | | fundamental land surveying surveyor-in-training subjects as
| 10 | | provided by this Act or its rules.
| 11 | | (i) "Land surveying experience" means those activities | 12 | | enumerated in
Section 5 of this Act, which, when exercised in | 13 | | combination, to the
satisfaction of the Board, is proof of an | 14 | | applicant's broad range of
training in and exposure to the | 15 | | prevailing practice of land surveying.
| 16 | | (j) "Address of record" means the designated address | 17 | | recorded by the Department in the applicant's or licensee's | 18 | | application file or license file maintained by the Department's | 19 | | licensure maintenance unit. It is the duty of the applicant or | 20 | | licensee to inform the Department of any change of address, and | 21 | | such changes must be made either through the Department's | 22 | | website or by contacting the Department's licensure | 23 | | maintenance unit. | 24 | | (k) "Standard of care" means the use of the same degree of | 25 | | knowledge, skill, and ability as an ordinarily careful and | 26 | | reasonable professional land surveyor would exercise under |
| | | HB3322 Enrolled | - 4 - | LRB100 11366 SMS 21752 b |
|
| 1 | | similar circumstances. | 2 | | (l) "Establishing" means performing an original survey. An | 3 | | original survey establishes boundary lines within an original | 4 | | division of a tract of land which has theretofore existed as | 5 | | one unit or parcel and describing and monumenting a line or | 6 | | lines of a parcel or tract of land on the ground for the first | 7 | | time. An original surveyor is the creator of one or more new | 8 | | boundary lines. | 9 | | (m) "Reestablishing" or "locating" means performing a | 10 | | retracement survey. A retracement survey tracks the footsteps | 11 | | of the original surveyor, locating boundary lines and corners | 12 | | which have been established by the original survey. A | 13 | | retracement survey cannot establish new corners or lines or | 14 | | correct errors of the original survey. | 15 | | (n) "Boundary law principles" means applying the | 16 | | decisions, results, and findings of land boundary cases that | 17 | | concern the establishment of boundary lines and corners. | 18 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 19 | | (225 ILCS 330/5) (from Ch. 111, par. 3255)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 5. Practice of land surveying defined. Any person who | 22 | | practices in Illinois as a professional land surveyor who | 23 | | renders, offers to render, or holds himself or herself out as | 24 | | able to render, or perform any service, the adequate | 25 | | performance of which involves the special knowledge of the art |
| | | HB3322 Enrolled | - 5 - | LRB100 11366 SMS 21752 b |
|
| 1 | | and application of the principles of the accurate and precise | 2 | | measurement of length, angle, elevation or volume, | 3 | | mathematics, the related physical and applied sciences, and the | 4 | | relevant requirements of applicable boundary law principles | 5 | | and performed with the appropriate standard of care , all of | 6 | | which are acquired by education, training, experience, and | 7 | | examination. Any one or combination
of the following practices | 8 | | constitutes the practice of land surveying:
| 9 | | (a) Establishing or
reestablishing, locating, | 10 | | defining, and making or monumenting land
boundaries or | 11 | | title or real property lines and the platting of lands and | 12 | | subdivisions;
| 13 | | (b) Determining Establishing the area or volume of
any | 14 | | portion of the earth's surface, subsurface, or airspace | 15 | | with respect to boundary lines,
determining the | 16 | | configuration or contours of any portion of the earth's
| 17 | | surface, subsurface, or airspace or the location of fixed | 18 | | objects thereon,
except as performed by photogrammetric | 19 | | methods by persons holding certification from the American | 20 | | Society of Photogrammetry and Remote Sensing or | 21 | | substantially similar certification as approved by the | 22 | | Department,
or except when the level of accuracy required | 23 | | is
less than the level of accuracy required by the National | 24 | | Society of Professional Surveyors Model Standards and | 25 | | Practice;
| 26 | | (c) Preparing descriptions for the determination of |
| | | HB3322 Enrolled | - 6 - | LRB100 11366 SMS 21752 b |
|
| 1 | | title or real property rights to any
portion or volume of | 2 | | the earth's surface, subsurface, or airspace involving the
| 3 | | lengths and direction of boundary lines, areas, parts of | 4 | | platted parcels or the
contours of the earth's surface, | 5 | | subsurface, or airspace;
| 6 | | (d) Labeling, designating, naming, preparing, or | 7 | | otherwise identifying
legal lines or land title lines of | 8 | | the United States
Rectangular System
or any subdivision | 9 | | thereof on any plat, map, exhibit, photograph, | 10 | | photographic composite, or
mosaic or photogrammetric map | 11 | | of any portion of the earth's surface for the
purpose of | 12 | | recording and amending the same by the issuance of a | 13 | | certificate of correction in the Office of Recorder in any | 14 | | county;
| 15 | | (e) Any act or combination of acts that would be
viewed | 16 | | as
offering
professional land surveying services | 17 | | including:
| 18 | |
(1) setting monuments which have the appearance of | 19 | | or for the express
purpose of marking land boundaries, | 20 | | either directly or as an accessory;
| 21 | |
(2) providing any sketch, map, plat, report, | 22 | | monument record, or other
document which indicates | 23 | | land boundaries and monuments, or accessory
monuments | 24 | | thereto, except that if the sketch, map, plat, report, | 25 | | monument
record, or other document is a copy of an | 26 | | original prepared by a
Professional Land Surveyor, and |
| | | HB3322 Enrolled | - 7 - | LRB100 11366 SMS 21752 b |
|
| 1 | | if proper reference to that fact be made on
that | 2 | | document;
| 3 | | (3) performing topographic surveys, with the | 4 | | exception of a licensed professional engineer | 5 | | knowledgeable in topographical surveys that performs a | 6 | | topographical survey specific to his or her design | 7 | | project. A licensed professional engineer may not, | 8 | | however, offer topographic surveying services that are | 9 | | independent of his or her specific design project; or | 10 | | (4) locating, relocating, establishing, | 11 | | reestablishing re-establishing , retracing, laying out, | 12 | | or staking of the location, alignment, or elevation of | 13 | | any existing or proposed improvements whose location | 14 | | is dependent upon property , easement, and right-of-way | 15 | | boundaries lines ; | 16 | | (5) providing consultation, investigation, | 17 | | planning, mapping, assembling, and authoritative | 18 | | interpretation of gathered measurements, documents, | 19 | | and evidence in relation to the location of property, | 20 | | easement, and right-of-way boundaries; or | 21 | | (6) measuring, evaluating, mapping, or reporting | 22 | | the location of existing or proposed buildings, | 23 | | structures, or other improvements or their surrounding | 24 | | topography with respect to current flood insurance | 25 | | rate mapping or federal emergency management agency | 26 | | mapping along with locating of inland wetland |
| | | HB3322 Enrolled | - 8 - | LRB100 11366 SMS 21752 b |
|
| 1 | | boundaries delineated by a qualified specialist in | 2 | | relation to the location of property, easement, and | 3 | | right-of-way boundaries. | 4 | | (f) Determining the horizontal or vertical position or | 5 | | state plane coordinates for any monument or reference point | 6 | | that
marks a title or real property line, boundary, or | 7 | | corner, or to set, reset, or replace any
monument or | 8 | | reference point on any title or real property;
| 9 | | (g) Creating, preparing, or modifying electronic or | 10 | | computerized data
or maps, including land information | 11 | | systems and geographic information systems, relative to | 12 | | the performance of activities in items (a), (b), (d), (e), | 13 | | (f), and (h) of this
Section, except where
electronic means | 14 | | or computerized data is otherwise utilized to integrate,
| 15 | | display, represent, or assess the created, prepared, or | 16 | | modified data;
| 17 | | (h) Determining Establishing or adjusting any control | 18 | | network or any geodetic control network or cadastral data | 19 | | as it
pertains to items (a) through (g) of this Section | 20 | | together with the assignment of measured values to any | 21 | | United States Rectangular System corners, title or real | 22 | | property corner monuments or geodetic monuments;
| 23 | | (i) Preparing and attesting to the accuracy of a map or | 24 | | plat showing the
land boundaries or lines and marks and | 25 | | monuments of the boundaries or of a map
or plat showing the | 26 | | boundaries of surface, subsurface, or air rights;
|
| | | HB3322 Enrolled | - 9 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (j) Executing and issuing certificates, endorsements, | 2 | | reports, or plats
that
portray the horizontal or vertical | 3 | | relationship between existing physical objects or | 4 | | structures and
one or more corners, datums, or boundaries | 5 | | of any portion of the earth's surface,
subsurface, or | 6 | | airspace;
| 7 | | (k) Acting in direct supervision and control of land | 8 | | surveying activities or
acting as a manager in any place of | 9 | | business that solicits, performs, or
practices land | 10 | | surveying;
| 11 | | (l) Boundary analysis and determination of property, | 12 | | easement, or right-of-way lines on any plat submitted for | 13 | | regulatory review by governmental or municipal agencies; | 14 | | (m) (l) Offering or soliciting to perform any of the | 15 | | services set
forth in this
Section.
| 16 | | In the performance of any of the foregoing functions, a | 17 | | licensee shall adhere to the standards of professional conduct | 18 | | enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in | 19 | | this Section imposes upon a person licensed under this Act the | 20 | | responsibility for the performance of any of the foregoing | 21 | | functions unless such person specifically contracts to perform | 22 | | such functions. | 23 | | (Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10; | 24 | | 97-333, eff. 8-12-11; 97-813, eff. 7-13-12.)
| 25 | | (225 ILCS 330/8) (from Ch. 111, par. 3258)
|
| | | HB3322 Enrolled | - 10 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 8. Powers and duties of the Board; quorum. Subject to | 3 | | the
provisions
of this Act, the Board shall exercise the | 4 | | following functions, powers, and
duties:
| 5 | | (a) Review applicant qualifications to sit for
the | 6 | | examination or for licensure and shall make | 7 | | recommendations to the
Department except for those | 8 | | applicant qualifications that the Board designates as | 9 | | routinely acceptable;
| 10 | | (b) Conduct hearings regarding disciplinary actions | 11 | | and submit a written
report to the Secretary as required by | 12 | | this Act and provide a Board
member at informal | 13 | | conferences;
| 14 | | (c) Visit universities or colleges to evaluate | 15 | | surveying
curricula and submit to the Secretary a written | 16 | | recommendation of
acceptability of the curriculum;
| 17 | | (d) Submit a written recommendation to the Secretary | 18 | | concerning
promulgation or amendment of rules for the | 19 | | administration of this Act;
| 20 | | (e) The Department may at any time seek the expert | 21 | | advice and knowledge of
the Board on any matter relating to | 22 | | the enforcement of this Act;
| 23 | | (f) The Board may appoint a subcommittee to serve as a | 24 | | Complaint Committee
to recommend the disposition of case | 25 | | files according to procedures established
by rule;
| 26 | | (g) Hold at least 3 regular meetings each year; and
|
| | | HB3322 Enrolled | - 11 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (h) The Board shall annually elect a Chairperson and a | 2 | | Vice Chairperson
who shall be licensed
Illinois | 3 | | Professional Land Surveyors.
| 4 | | A quorum of the Board shall consist of 4 members. A quorum | 5 | | is required for all Board decisions. | 6 | | Subject to the provisions of this Act, the Board may | 7 | | exercise the following duties as deemed necessary by the | 8 | | Department: (i) review education and experience qualifications | 9 | | of applicants, including conducting oral interviews; (ii) | 10 | | determine eligibility as a Professional Land Surveyor or | 11 | | Surveyor Intern Land Surveyor-in-Training ; and (iii) submit to | 12 | | the Secretary recommendations on applicant qualifications for | 13 | | enrollment and licensure.
| 14 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 15 | | (225 ILCS 330/11) (from Ch. 111, par. 3261)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 11. Examination; failure Failure or refusal to take. | 18 | | The Department
shall authorize examinations, as recommended | 19 | | and approved by the Board, for
licensure as Surveyor Interns | 20 | | Land
Surveyors-in-Training and Professional Land Surveyors at | 21 | | such times and
places as it may determine.
| 22 | | The examination of an applicant for licensure as a Surveyor | 23 | | Intern Land
Surveyor-in-Training or a Professional Land | 24 | | Surveyor may
include examinations as defined by rule.
The | 25 | | substance and form of the
examination shall be as recommended |
| | | HB3322 Enrolled | - 12 - | LRB100 11366 SMS 21752 b |
|
| 1 | | and approved by the Board. Each
applicant shall be examined as | 2 | | to his knowledge of the statutes of the
United States of | 3 | | America and the State of Illinois relating to the practice
of | 4 | | land surveying and mathematics as applied to land surveying.
| 5 | | All applicants for licensing as a Professional Land | 6 | | Surveyor shall be
required to pass, as a portion of the | 7 | | examination, a jurisdictional
examination to determine the | 8 | | applicant's knowledge of the surveying tasks
unique to the | 9 | | State of Illinois, and the laws relating thereto.
| 10 | | Applicants for any examination shall be required to pay, | 11 | | either to the
Department or the designated testing service, a | 12 | | fee covering the cost of
providing the examination. Failure to | 13 | | appear for the examination on the
scheduled date, at the time | 14 | | and place specified, after the applicant's
application for | 15 | | examination has been received and acknowledged by the
| 16 | | Department or the designated testing service, shall result in | 17 | | the
forfeiture of the examination fee. If an applicant | 18 | | neglects, fails, or
refuses to take an examination for | 19 | | registration under this Act within 3
years after filing his | 20 | | application, the application fee shall be forfeited
to the | 21 | | Department and the application denied. However, the applicant | 22 | | may
thereafter make a new application for examination, | 23 | | accompanied by the required fee.
| 24 | | (Source: P.A. 98-713, eff. 7-16-14.)
| 25 | | (225 ILCS 330/12) (from Ch. 111, par. 3262)
|
| | | HB3322 Enrolled | - 13 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 12. Qualifications for licensing.
| 3 | | (a) A person is qualified to
receive a license as a | 4 | | Professional Land Surveyor and the Department shall
issue a | 5 | | license to a person:
| 6 | | (1) who has applied in writing in the required form to | 7 | | the
Department;
| 8 | | (2) (blank);
| 9 | | (2.5) who has not violated any provision of this Act or | 10 | | its rules;
| 11 | | (3) who is of good ethical character, including | 12 | | compliance with the Code of Ethics and Standards of | 13 | | Practice promulgated by rule pursuant to this Act, and has | 14 | | not committed an act or offense in any jurisdiction that | 15 | | would constitute grounds for discipline of a land surveyor | 16 | | licensed under this Act;
| 17 | | (4) who has been issued a license as a Surveyor Intern | 18 | | Land
Surveyor-in-Training ;
| 19 | | (5) who, subsequent to passing the examination | 20 | | authorized by the Department for licensure as a Surveyor | 21 | | Intern
Surveyor-In-Training , has at least 4 years of | 22 | | responsible charge experience
verified by a professional | 23 | | land surveyor in direct supervision and control of
his or | 24 | | her activities;
| 25 | | (6) who has passed an examination authorized by the | 26 | | Department
to
determine his or her fitness to receive a |
| | | HB3322 Enrolled | - 14 - | LRB100 11366 SMS 21752 b |
|
| 1 | | license as a Professional Land
Surveyor; and | 2 | | (7) who satisfies one of the following educational | 3 | | requirements: | 4 | | (A) is a graduate of an approved land surveying | 5 | | curriculum of at least 4 years who has passed an | 6 | | examination in the fundamentals of surveying, as | 7 | | defined by rule; or | 8 | | (B) is a graduate of a baccalaureate curriculum of | 9 | | at least 4 years, including at least 24 semester hours | 10 | | of land surveying courses from an approved land | 11 | | surveying curriculum and the related science courses, | 12 | | who has passed an examination in the fundamentals of | 13 | | surveying, as defined by rule. who has a baccalaureate | 14 | | degree in a related science if he or she does not have | 15 | | a baccalaureate degree in land surveying from an | 16 | | accredited college or university.
| 17 | | (b) A person is qualified to receive a license as a | 18 | | Surveyor Intern Land
Surveyor-in-Training and the Department | 19 | | shall issue a license to a person:
| 20 | | (1) who has applied in writing in the required form | 21 | | provided by the
Department;
| 22 | | (2) (blank);
| 23 | | (3) who is of good moral character;
| 24 | | (4) who has the required education as set forth in this | 25 | | Act; and
| 26 | | (5) who has passed an examination authorized by the |
| | | HB3322 Enrolled | - 15 - | LRB100 11366 SMS 21752 b |
|
| 1 | | Department
to
determine his or her fitness to receive a | 2 | | license as a Surveyor Intern Land
Surveyor-in-Training in | 3 | | accordance with this Act.
| 4 | | In determining moral character under
this Section, the | 5 | | Department may take into consideration whether the
applicant | 6 | | has engaged in conduct or actions that would constitute grounds | 7 | | for
discipline under this Act.
| 8 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 9 | | (225 ILCS 330/13) (from Ch. 111, par. 3263)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 13. Minimum standards for enrollment as a Surveyor | 12 | | Intern. Qualifications for examination for Licensed Land
| 13 | | Surveyor-in-Training . To enroll as a Surveyor Intern, an | 14 | | applicant must be: | 15 | | (1) a graduate of an approved land surveying curriculum | 16 | | of at least 4 years who has passed an examination in the | 17 | | fundamentals of surveying, as defined by rule; | 18 | | (2) an applicant in the last year of an approved land | 19 | | surveying or related science curriculum who passes an | 20 | | examination in the fundamentals of surveying, as defined by | 21 | | rule, and furnishes proof that the applicant graduated | 22 | | within a 12-month period following the examination; or | 23 | | (3) a graduate of a baccalaureate curriculum of at | 24 | | least 4 years, including at least 24 semester hours of land | 25 | | surveying courses from an approved land surveying |
| | | HB3322 Enrolled | - 16 - | LRB100 11366 SMS 21752 b |
|
| 1 | | curriculum and the related science courses, as defined by | 2 | | rule, who passes an examination in the fundamentals of | 3 | | surveying, as defined by rule. | 4 | | Applicants for the examination for Land
Surveyor-in-Training | 5 | | shall have:
| 6 | | (1) a baccalaureate degree in Land Surveying from an | 7 | | accredited
college or university program; or
| 8 | | (2) a baccalaureate degree in a related science | 9 | | including at least 24
semester hours of land surveying | 10 | | courses from a Department approved curriculum of an
| 11 | | accredited institution.
| 12 | | (Source: P.A. 96-626, eff. 8-24-09; 97-543, eff. 1-1-12.)
| 13 | | (225 ILCS 330/14) (from Ch. 111, par. 3264)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 14. License to be displayed. Every holder of a license | 16 | | as a
Professional Land Surveyor or Surveyor Intern Land | 17 | | Surveyor-in-Training shall
display it in
a conspicuous | 18 | | location in his or her office,
place of business, or place of
| 19 | | employment.
| 20 | | (Source: P.A. 91-132, eff. 1-1-00 .)
| 21 | | (225 ILCS 330/16) (from Ch. 111, par. 3266)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 16. Unlawful to practice without license or | 24 | | registration. It is
unlawful for any person, sole |
| | | HB3322 Enrolled | - 17 - | LRB100 11366 SMS 21752 b |
|
| 1 | | proprietorship, professional service corporation,
corporation, | 2 | | partnership, limited liability company, or other entity to
| 3 | | practice land surveying, or advertise or display any sign, card | 4 | | or other device
which might indicate to the public that the | 5 | | person or entity is entitled to
practice as a land surveyor, or | 6 | | use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T." ,
use the | 7 | | title "Professional Land Surveyor" or "Surveyor Intern" "Land | 8 | | Surveyor-in-Training" or
any of their derivations, unless such | 9 | | person holds a valid active license as a
Professional Land | 10 | | Surveyor or Surveyor Intern Land Surveyor-in-Training in the | 11 | | State of
Illinois, or such professional service corporation, | 12 | | corporation, partnership,
sole proprietorship, limited | 13 | | liability company, or other entity is in
compliance with this | 14 | | Act.
| 15 | | (Source: P.A. 88-428 .)
| 16 | | (225 ILCS 330/16.5)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 16.5. Unlicensed practice; violation; civil penalty.
| 19 | | (a) Any person who practices, offers to practice, attempts | 20 | | to practice, or
holds oneself out to practice as a professional | 21 | | land surveyor or as a Surveyor Intern land
surveyor-in-training | 22 | | without being licensed under this Act shall, in
addition to any | 23 | | other penalty provided by law, pay a civil penalty to the
| 24 | | Department in an amount not to exceed $10,000 for each offense | 25 | | as determined by
the Department. The civil penalty shall be |
| | | HB3322 Enrolled | - 18 - | LRB100 11366 SMS 21752 b |
|
| 1 | | assessed by the Department after a
hearing is held in | 2 | | accordance with the provisions set forth in this Act
regarding | 3 | | the provision of a hearing for the discipline of a licensee.
| 4 | | (b) The Department has the authority and power to | 5 | | investigate any and all
unlicensed activity.
| 6 | | (c) The civil penalty shall be paid within 60 days after | 7 | | the effective date
of the order imposing the civil penalty. The | 8 | | order shall constitute a judgment
and may be filed and | 9 | | execution had thereon in the same manner as any judgment
from | 10 | | any court of record.
| 11 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 12 | | (225 ILCS 330/17) (from Ch. 111, par. 3267)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 17. Surveyor Intern; supervision Land | 15 | | Surveyor-in-Training; Supervision . It is
unlawful for any | 16 | | Surveyor Intern Land Surveyor-in-Training licensed under this | 17 | | Act to
practice or attempt to practice land surveying
except | 18 | | when in responsible charge under the overall supervision of a | 19 | | Professional
Land Surveyor.
| 20 | | (Source: P.A. 86-987 .)
| 21 | | (225 ILCS 330/18) (from Ch. 111, par. 3268)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 18. Renewal, reinstatement or restoration of license; | 24 | | Persons
in military service. |
| | | HB3322 Enrolled | - 19 - | LRB100 11366 SMS 21752 b |
|
| 1 | | (a) The expiration date and renewal period for each
license | 2 | | as a Professional Land Surveyor issued under this Act shall be | 3 | | set
by rule. The holder of a license may renew such license | 4 | | during the month
preceding the expiration date by paying the | 5 | | required fee.
| 6 | | (b) Any Professional Land Surveyor whose license has been | 7 | | inactive for less
than 5 years is required to pay the current | 8 | | renewal fee and shall have his
or her license restored.
| 9 | | (c) A Professional Land Surveyor whose license has been | 10 | | expired for more than
5 years may have the
license restored by | 11 | | making application to the Department and filing proof
| 12 | | acceptable to the Department of fitness to have the license | 13 | | restored,
including, but not limited to, sworn evidence | 14 | | certifying to active practice in another
jurisdiction and | 15 | | payment of the required renewal,
reinstatement or restoration | 16 | | fee.
| 17 | | However, any Professional Land Surveyor whose license | 18 | | expired while
engaged (a) in federal service on active duty | 19 | | with the armed forces of
the United States, or the State | 20 | | Militia called into active service or
training, or (b) in | 21 | | training or education under the supervision of the
United | 22 | | States preliminary to induction into the military service, may | 23 | | have
a license renewed without paying any lapsed reinstatement | 24 | | or restoration
fees upon passing an oral examination by the | 25 | | Board, or without taking any
examination, if approved by the | 26 | | Board, if, within 2 years after the
termination other than by |
| | | HB3322 Enrolled | - 20 - | LRB100 11366 SMS 21752 b |
|
| 1 | | dishonorable discharge of such service, training, or | 2 | | education,
the licensee furnishes the Department with an | 3 | | affidavit to
the effect the licensee was so engaged and that | 4 | | the service, training, or education
has so terminated.
| 5 | | (d) A license for a Surveyor Intern does not expire Land | 6 | | Surveyor-in-Training is valid for 10 years and may not be | 7 | | renewed .
| 8 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 9 | | (225 ILCS 330/23) (from Ch. 111, par. 3273)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 23. Address of Record; Names of licensed surveyors to | 12 | | be published.
It is the
responsibility of a Professional Land | 13 | | Surveyor or Surveyor Intern Land Surveyor-in-Training
to | 14 | | inform the Department of any change of address or name.
The | 15 | | Department shall maintain a roster of names , and addresses , and | 16 | | email addresses of all professional land surveyors and | 17 | | professional design firms, partnerships, and corporations | 18 | | licensed or registered under this Act. This roster shall be | 19 | | available upon request and payment of the required fee.
| 20 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 21 | | (225 ILCS 330/40) (from Ch. 111, par. 3290)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 40. Temporary suspension of a license. The Secretary | 24 | | may
temporarily suspend the license of a Professional Land |
| | | HB3322 Enrolled | - 21 - | LRB100 11366 SMS 21752 b |
|
| 1 | | Surveyor or Surveyor Intern Land
Surveyor-in-Training without | 2 | | a
hearing, simultaneously with the institution of proceedings | 3 | | for a hearing
under Section 29 of this Act, if the Secretary | 4 | | finds that
evidence in his possession indicates that a | 5 | | Professional Land Surveyor's
or Surveyor Intern's Land | 6 | | Surveyor-in-Training's continuation in practice would | 7 | | constitute an
imminent danger to the public.
In the event that | 8 | | the Secretary temporarily suspends the license of a
| 9 | | Professional Land Surveyor or Surveyor Intern Land | 10 | | Surveyor-in-Training without a hearing,
a hearing by the Board | 11 | | must
be commenced within 30 days after such suspension has | 12 | | occurred.
| 13 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 14 | | (225 ILCS 330/48) (from Ch. 111, par. 3298)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 48. Fund, appropriations, investments and audits. The | 17 | | moneys
deposited in the Design Professionals Administration | 18 | | and Investigation Fund
from fines and fees under this Act shall | 19 | | be appropriated to the Department
exclusively for expenses of | 20 | | the Department and the Board in the
administration of this Act, | 21 | | the Illinois Architecture Practice Act, the
Professional | 22 | | Engineering Practice Act of 1989, and the Structural
| 23 | | Engineering Practice Act of 1989. The expenses of the | 24 | | Department under
this Act shall be limited to the ordinary and | 25 | | contingent expenses of the
Design Professionals Dedicated |
| | | HB3322 Enrolled | - 22 - | LRB100 11366 SMS 21752 b |
|
| 1 | | Employees within the Department as
established under Section | 2 | | 2105-75 of the Department of
Professional Regulation Law (20 | 3 | | ILCS 2105/2105-75)
and other expenses related to the | 4 | | administration and enforcement of this Act.
| 5 | | Moneys from the Fund may also be used for direct and | 6 | | allocable indirect
costs related to the public purposes of the | 7 | | Department of Financial and Professional
Regulation. Moneys in | 8 | | the Fund may be transferred to the Professions Indirect
Cost | 9 | | Fund as authorized by Section 2105-300 of the Department of
| 10 | | Professional Regulation Law (20 ILCS 2105/2105-300).
| 11 | | Moneys in the Design Professionals Administration and | 12 | | Investigation Fund
may be invested and reinvested with all | 13 | | earnings received from the
investments to be deposited in the | 14 | | Design Professionals Administration and
Investigation Fund and | 15 | | used for the same purposes as fees deposited in
that Fund.
| 16 | | Upon the completion of any audit of the Department as | 17 | | prescribed by the
Illinois State Auditing Act that includes an | 18 | | audit of the Design
Professionals Administration and | 19 | | Investigation Fund, the Department shall
make the audit open to | 20 | | inspection by any interested person. The copy of
the audit | 21 | | report required to be submitted to the Department by this
| 22 | | Section is in addition to copies of audit reports required to | 23 | | be submitted
to other State officers and agencies by Section | 24 | | 3-14 of the Illinois State
Auditing Act.
| 25 | | (Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16, | 26 | | eff.
6-28-01 .)
|
|