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90_HB0250
225 ILCS 330/25 from Ch. 111, par. 3275
Amends the Illinois Professional Land Surveyor Act of
1989 by deleting the provision requiring land surveying
entities to have a resident land surveyor overseeing land
surveying services at each location where those services are
provided. Effective immediately.
LRB9000497DPcc
LRB9000497DPcc
1 AN ACT to amend the Illinois Professional Land Surveyor
2 Act of 1989 by changing Section 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Professional Land Surveyor Act
6 of 1989 is amended by changing Section 25 as follows:
7 (225 ILCS 330/25) (from Ch. 111, par. 3275)
8 Sec. 25. Professional land surveying firm.
9 (a) Upon payment of the required fee the Department
10 shall issue, upon the approval of the Board, without
11 examination, a certificate of registration as a professional
12 land surveying firm to offer the services of its licensed
13 Illinois professional land surveyors to any corporation,
14 partnership, or limited liability company which applies for
15 one in writing if:
16 (1) In a case of a corporation a majority of its
17 officers and board of directors are licensed as
18 professional land surveyors in Illinois.
19 (2) In the case of a limited liability company, a
20 majority of its members are licensed professional land
21 surveyors in Illinois.
22 (3) In the case of a partnership, all members of
23 the partnership are licensed professional land surveyors
24 in Illinois.
25 (b) All surveying by the professional land surveying
26 firm must be done under the direct supervision and control of
27 an officer of a managing agent who holds a license as a
28 professional land surveyor. The managing agent must be
29 designated on the professional land surveying firm
30 application. The managing agent must be:
31 (1) an officer of the corporation;
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1 (2) a member of the limited liability company; or
2 (3) a member of the partnership.
3 When a managing agent is terminated or terminates his or
4 her status, the managing agent shall notify the Department in
5 writing by certified mail within 10 business days of the
6 termination. Thereafter, the professional land surveying firm
7 shall, within 30 days, notify the Department of the name and
8 professional land surveyor's license number of the newly
9 designated managing agent. The Department may, upon good
10 cause, extend the 30 day period. If the professional land
11 surveying firm fails to notify the Department in writing by
12 certified mail within the specified time, the registration
13 shall be terminated without prior hearing. Notification of
14 termination shall be sent by certified mail to the last known
15 address of the business. If the professional land surveying
16 firm continues to operate and offer land surveying services
17 after the termination, the Department may seek prosecution
18 under Sections 27, 43, and 43a of this Act for the unlicensed
19 practice of land surveying.
20 (c) (Blank) Any professional services corporation, sole
21 proprietorship, or professional land surveying firm offering
22 land surveying services must have a resident land surveyor
23 overseeing the land surveying practices in each location in
24 which land surveying services are provided.
25 (d) Any sole proprietorship not owned and operated by an
26 Illinois professional land surveyor shall be prohibited from
27 offering land surveying services to the public. Any sole
28 proprietorship owned and operated by a land surveyor with an
29 active license issued under this Act and conducting or
30 transacting such business under an assumed name in accordance
31 with the provisions of the Assumed Business Name Act shall
32 comply with the registration requirements of a professional
33 land surveying firm. Any sole proprietorship owned and
34 operated by a professional land surveyor with an active
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1 license issued under this Act and conducting or transacting
2 such business under the real name of the sole proprietor is
3 exempt from the registration requirements of a professional
4 land surveying firm.
5 (e) Disciplinary action against a professional land
6 surveying firm registered under this Section shall be
7 administered in the same manner and on the same grounds as
8 disciplinary action against a licensed land surveyor. All
9 disciplinary action taken or pending against a corporation or
10 partnership before the effective date of this amendatory Act
11 of 1993 shall be continued or remain in effect without the
12 Department filing separate actions.
13 (f) A professional land surveying firm shall provide
14 notice in writing to the Department of any change in the
15 information requested upon an application.
16 (g) Nothing in this Section shall be construed to exempt
17 a business from compliance with the requirements of the
18 Assumed Business Name Act.
19 (h) Nothing in this Act shall restrict licensees from
20 forming professional service corporations under the
21 provisions of the Professional Service Corporation Act, as
22 now or hereafter amended, and having these corporations
23 licensed for the practice of land surveying.
24 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.