State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ House Amendment 001 ]

90_HB3383

      SEE INDEX
          Amends the Regulatory Agency Sunset  Act  to  extend  the
      sunset  date  of  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 Licensing Act of 1989  to  January  1,
      2009.   Amends  the Architecture Practice Act to make changes
      concerning use of title, application of the Act,  the  powers
      and  duties of the Department of Professional Regulation, the
      Architect   Licensing   Board,   license   applications   and
      qualifications,   seals,    continuing    education,    fees,
      professional   design  firm  registration,  and  disciplinary
      actions.  Amends the Professional Engineering Practice Act to
      make  changes  concerning  application  of   the   Act,   the
      definition  of  "license",  the  powers  and  duties  of  the
      Department,   the  State  Board  of  Professional  Engineers,
      license applications and qualifications, educational credits,
      seals, continuing education, fees, professional  design  firm
      registration,    disciplinary   actions,   and   the   Design
      Professionals Administration and Investigation Fund.   Amends
      the Professional Land Surveyor Act to make changes concerning
      the  Land Surveyors Examining Board, the powers and duties of
      the Department, license applications and qualifications, land
      surveyors-in-training,   displaying   a    license,    seals,
      continuing   education,  fees,  professional  land  surveying
      firms,  and  disciplinary  actions.   Amends  the  Structural
      Engineering Licensing Act to change its short  title  to  the
      Structural  Engineering  Practice  Act  of  1989  and to make
      changes concerning the definitions  of  "structural  engineer
      intern"  and  "structural engineer", the powers and duties of
      the Department, the  Structural  Engineering  Board,  license
      applications   and   qualifications,   examinations,   seals,
      continuing  education, a foreign licensee, fees, professional
      design firm registration, and  disciplinary  actions.   Makes
      changes  to  other Acts to reflect the Act's new short title.
      Effective January 1, 1999.
                                                    LRB9010680NTsbA
                                              LRB9010680NTsbA
 1        AN ACT concerning regulated professions,  amending  named
 2    Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Regulatory Agency Sunset Act  is  amended
 6    by changing Section 4.10 and adding Section 4.19 as follows:
 7        (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
 8        Sec.  4.10.  The following Acts are repealed December 31,
 9    1999:
10        The Fire Equipment Distributor  and  Employee  Regulation
11    Act.
12        The Professional Engineering Practice Act of 1989.
13        The Structural Engineering Licensing Act of 1989.
14        The Illinois Architecture Practice Act of 1989.
15        The Illinois Landscape Architecture Act of 1989.
16        The Illinois Professional Land Surveyor Act of 1989.
17        The Land Sales Registration Act of 1989.
18        The Real Estate License Act of 1983.
19    (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20    86-1007; 86-1028.)
21        (5 ILCS 80/4.19 new)
22        Sec.  4.19.   Acts  repealed  on  January  1,  2009.  The
23    following Acts are repealed on January 1, 2009:
24        The Illinois Architecture Practice Act of 1989.
25        The Professional Engineering Practice Act of 1989.
26        The Illinois Professional Land Surveyor Act of 1989.
27        The Structural Engineering Practice Act of 1989.
28        Section 10.  The Illinois Purchasing Act  is  amended  by
29    changing Section 9 as follows:
                            -2-               LRB9010680NTsbA
 1        (30 ILCS 505/9) (from Ch. 127, par. 132.9)
 2        Sec.  9.   Any  contract  entered  into or expenditure of
 3    funds  by  a  State  agency  for  remodeling,  renovation  or
 4    construction, involving an expenditure in excess  of  $5,000,
 5    shall  be  subject to the supervision of a licensed architect
 6    or engineer and no payment shall be paid for such remodeling,
 7    renovation or construction unless the vouchers or invoice for
 8    such work is accompanied by a  written  certificate  of  such
 9    licensed  architect  or  engineer that the payment represents
10    work   satisfactorily   completed;   labor;   or    materials
11    incorporated in or stored at the site of such work; provided,
12    periodic  payments can be made during the course of such work
13    upon a certificate of such licensed architect or engineer and
14    indicating  the  proportionate  amount  of  the  total   work
15    completed  satisfactorily.  Architect or engineer supervision
16    and certification shall not apply to refurbishing, repair, or
17    maintenance projects that  are  determined  by  the  Illinois
18    Capital   Development   Board's  Executive  Director  or  its
19    designated technical staff  as  not  being  the  practice  of
20    architecture   as  defined  in  Section  3  of  the  Illinois
21    Architecture Practice  Act  of  1989,  nor  the  practice  of
22    professional  engineering  as  defined  in  Section  3 of the
23    Professional  Engineering  Practice  Act  of  1989,  nor  the
24    practice of structural engineering as defined in Section 5 of
25    the Structural Engineering Practice Licensing Act of 1989.
26    (Source: P.A. 90-446, eff. 8-16-97.)
27        Section 15.  The  Architectural,  Engineering,  and  Land
28    Surveying  Qualifications  Based  Selection Act is amended by
29    changing Sections 15 and 65 as follows:
30        (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
31        Sec. 15.  Definitions.  As used in this Act:
32        "Architectural services" means any  professional  service
                            -3-               LRB9010680NTsbA
 1    as defined in Section 5 of the Illinois Architecture Practice
 2    Act of 1989.
 3        "Engineering  services" means any professional service as
 4    defined in Section 4 of the Professional Engineering Practice
 5    Act of 1989  or  Section  5  of  the  Structural  Engineering
 6    Practice Licensing Act of 1989.
 7        "Firm"  means  any individual, sole proprietorship, firm,
 8    partnership, corporation, association, or other legal  entity
 9    permitted  by law to practice the profession of architecture,
10    engineering, or land surveying and provide those services.
11        "Land surveying services" means any professional  service
12    as  defined  in  Section  5 of the Illinois Professional Land
13    Surveyor Act of 1989.
14        "Project" means any capital improvement  project  or  any
15    design,  study,  plan,  survey,  or  new  or existing program
16    activity of a State agency, including development of  new  or
17    existing programs that require architectural, engineering, or
18    land surveying services.
19        "State agency" means any department, commission, council,
20    board,  bureau,  committee,  institution, agency, university,
21    government corporation, authority, or other establishment  or
22    official of this State.
23    (Source: P.A. 87-673.)
24        (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
25        Sec.  65.  Scope.  No person, corporation, or partnership
26    licensed  or  registered  under  the  Illinois   Architecture
27    Practice  Act  of 1989, the Professional Engineering Practice
28    Act of 1989, the Structural  Engineering  Practice  Licensing
29    Act  of  1989, or the Illinois Professional Land Surveyor Act
30    of 1989 shall engage in any act or conduct, or be a party  to
31    any contract, or agreement, in violation of the provisions of
32    this Act.
33    (Source: P.A. 87-673.)
                            -4-               LRB9010680NTsbA
 1        Section  20.   The Local Government Professional Services
 2    Selection Act is amended by changing Section 3 as follows:
 3        (50 ILCS 510/3) (from Ch. 85, par. 6403)
 4        Sec. 3.  Definitions.  As used in  this  Act  unless  the
 5    context specifically requires otherwise:
 6        (1)  "Firm"  means  any  individual,  firm,  partnership,
 7    corporation,  association  or other legal entity permitted by
 8    law to practice the profession of  architecture,  engineering
 9    or  land  surveying and provide architectural, engineering or
10    land surveying services.
11        (2)  "Architectural  services"  means  any   professional
12    service as defined in Section 5  of the Illinois Architecture
13    Practice Act of 1989.
14        (3)  "Engineering   services"   means   any  professional
15    service  as  defined  in  Section  4  of   the   Professional
16    Engineering  Practice  Act  of  1989  or  Section  5  of  the
17    Structural Engineering Practice Licensing Act of 1989.
18        (4)  "Land  surveying  services"  means  any professional
19    service as defined in Section 5 of the Illinois  Professional
20    Land Surveyor Act of 1989.
21        (5)  "Political  subdivision"  means  any school district
22    and any unit of local  government  of  fewer  than  3,000,000
23    inhabitants, except home rule units.
24        (6)  "Project"  means  any capital improvement project or
25    any study, plan, survey or new or existing  program  activity
26    of  a  political subdivision, including development of new or
27    existing programs which require architectural, engineering or
28    land surveying services.
29    (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
30        Section 25.  The Civil Administrative Code of Illinois is
31    amended by changing Section 62.1 as follows:
                            -5-               LRB9010680NTsbA
 1        (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
 2        Sec.  62.1.  Design  Professionals  Dedicated  Employees.
 3    There is established within the  Department  of  Professional
 4    Regulation  certain design professionals dedicated employees.
 5    These  employees  shall  be  devoted   exclusively   to   the
 6    administration  and  enforcement of the Illinois Architecture
 7    Practice Act, the Illinois Professional Land Surveyor Act  of
 8    1989,  the Professional Engineering Practice Act of 1989, and
 9    the Structural Engineering Practice Licensing  Act  of  1989.
10    The   design   professionals  dedicated  employees  that  the
11    Director shall employ, in conformity with the Personnel Code,
12    at a minimum shall consist of one full-time design  licensing
13    Coordinator, one full-time Assistant Coordinator, 4 full-time
14    licensing  clerks,  one  full-time  attorney, and 2 full-time
15    investigators. These employees shall work exclusively in  the
16    licensing  and  enforcement of the design profession Acts set
17    forth in this Section and shall not be used for the licensing
18    and enforcement of any other  Act  or  other  duties  in  the
19    Department of Professional Regulation.
20    (Source: P.A. 87-781.)
21        Section  30.   The  Illinois Architecture Practice Act of
22    1989 is amended by changing Sections 3, 8, 9, 10, 11, 12, 13,
23    14, 19, 21, 22, and 38 and adding Section 16.5 as follows:
24        (225 ILCS 305/3) (from Ch. 111, par. 1303)
25        Sec. 3.  Application of Act; use of  title.   Nothing  in
26    this Act shall be deemed or construed to prevent the practice
27    of  structural  engineering  as  defined  in  the  Structural
28    Engineering  Practice  Licensing Act of 1989, the practice of
29    professional  engineering  as  defined  in  the  Professional
30    Engineering Practice Act  of  1989,  or  the  preparation  of
31    documents  used to prescribe work to be done inside buildings
32    for  non-loadbearing  interior   construction,   furnishings,
                            -6-               LRB9010680NTsbA
 1    fixtures  and  equipment,  or  the offering or preparation of
 2    environmental analysis, feasibility studies,  programming  or
 3    construction  management services by persons other than those
 4    licensed  in  accordance  with  this  Act,   the   Structural
 5    Engineering   Practice   Licensing   Act   of   1989  or  the
 6    Professional Engineering Practice Act of 1989.
 7        Nothing  contained  in  this  Act   shall   prevent   the
 8    draftsmen,   students,   project  representatives  and  other
 9    employees of those lawfully practicing as licensed architects
10    under the provisions of  this  Act,  from  acting  under  the
11    direct  supervision  and  control  of  their employers, or to
12    prevent  the  employment  of  project   representatives   for
13    enlargement  or alteration of buildings or any parts thereof,
14    or prevent such project representatives from acting under the
15    direct supervision and control of the licensed  architect  by
16    whom   the  construction  documents  including  drawings  and
17    specifications  of  any   such   building,   enlargement   or
18    alteration were prepared.
19        Nothing  in  this  Act  or  any other Act shall prevent a
20    registered  architect   from   practicing   interior   design
21    services.    Nothing  in  this  Act  shall  be  construed  as
22    requiring the  services  of  an  interior  designer  for  the
23    interior designing of a single family residence.
24        A   person,  sole  proprietorship,  professional  service
25    corporation,  limited  liability  company,   corporation   or
26    partnership,  or  other  entity  practicing  pursuant  to  an
27    exemption  from licensure contained in this Section shall not
28    use the title "architect" or any of  its  derivations  unless
29    the  person  or  other  entity  holds an active license as an
30    architect or registration as a professional  design  firm  in
31    the State of Illinois under Section 21 of this Act.
32        No  person,  sole  proprietorship,  professional  service
33    corporation,   limited   liability  company,  corporation  or
34    partnership, or other entity that  practices  or  offers  the
                            -7-               LRB9010680NTsbA
 1    practice  of architecture shall advertise or display any sign
 2    or card or other device that might  indicate  to  the  public
 3    that  the  person  or  entity  is  entitled to practice as an
 4    architect  or  use  the  title  "architect"  or  any  of  its
 5    derivation unless the person or other entity holds an  active
 6    license  as  an  architect  or registration as a professional
 7    design firm in this State as registered under Section  21  of
 8    this Act.
 9        No person shall, without possessing a valid license as an
10    architect  issued  by  the Department, in any manner (i) hold
11    himself or herself out to the public as  an  architect,  (ii)
12    attach  the  title  "architect" or any of its derivations, or
13    (iii) offer to render or render to individuals, corporations,
14    or the public any architectural services as defined  in  this
15    Act  if  the  word  "architect" or any of its derivations are
16    used to describe the person offering to render  or  rendering
17    them,  or  describe  the  services  rendered or offered to be
18    rendered.
19        This Act does not apply to any of the following:
20             (A)  The building, remodeling or  repairing  of  any
21        building  or  other  structure  outside  of the corporate
22        limits of any city or village,  where  such  building  or
23        structure  is  to  be, or is used for farm residential or
24        farm purposes, or for the  purposes  of  outbuildings  or
25        auxiliary  buildings  in connection with such residential
26        or farm premises.
27             (B)  The construction, remodeling or repairing of  a
28        detached single family residence on a single lot.
29             (C)  The  construction, remodeling or repairing of a
30        two-family residence of  wood  frame  construction  on  a
31        single  lot,  not  more  than two stories and basement in
32        height.
33             (D)  Interior design services for buildings which do
34        not involve life safety or structural changes.
                            -8-               LRB9010680NTsbA
 1        However, all buildings  not  included  in  the  preceding
 2    paragraphs  (A) through (D), including multi-family buildings
 3    and buildings previously exempt under  those  paragraphs  but
 4    subsequently  non-exempt due to a change in occupancy or use,
 5    are subject  to  the  requirements  of  this  Act.   Interior
 6    alterations which result in life safety or structural changes
 7    of the building are subject to the requirements of this Act.
 8    (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
 9        (225 ILCS 305/8) (from Ch. 111, par. 1308)
10        Sec. 8.  Powers and duties of the Department.  Subject to
11    the provisions of this Act, the Department shall exercise the
12    following functions, powers and duties:
13        (a)  Conduct examinations to ascertain the qualifications
14    and   fitness   of   applicants  for  licensure  as  licensed
15    architects, and pass upon the qualifications and  fitness  of
16    applicants for licensure by endorsement;
17        (b)  Prescribe  rules  for  a  method  of  examination of
18    candidates;
19        (c)  Prescribe rules defining what constitutes a  school,
20    college  or  university,  or  department  of a university, or
21    other  institution,  reputable  and  in  good  standing,   to
22    determine  whether or not a school, college or university, or
23    department of a university, or other institution is reputable
24    and in good standing by reference to a compliance  with  such
25    rules,  and to terminate the approval of such school, college
26    or  university  or  department  of  a  university  or   other
27    institution  that  refuses admittance to applicants solely on
28    the basis of race, color, creed, sex or national origin.  The
29    Department may adopt, as its own rules relating to  education
30    requirements, those guidelines published from time to time by
31    the National Architectural Accrediting Board;
32        (d)  Prescribe   rules   for   diversified   professional
33    training;
                            -9-               LRB9010680NTsbA
 1        (e)  Conduct  oral  interviews,  disciplinary conferences
 2    and formal evidentiary  hearings  on  proceedings  to  impose
 3    fines  or  to  suspend, revoke, place on probationary status,
 4    reprimand, and refuse to issue or restore any license  issued
 5    under the provisions of this Act for the reasons set forth in
 6    Section 22 of this Act;
 7        (f)  Issue licenses to those who meet the requirements of
 8    this Act; and
 9        (g)  Formulate and publish rules necessary or appropriate
10    to carrying out the provisions of this Act.
11        (h)  To  maintain  membership  in the National Council of
12    Architectural  Registration   Boards   and   participate   in
13    activities  of  the Council by designation of individuals for
14    the various classifications of membership and the appointment
15    of delegates for attendance at regional and national meetings
16    of the Council.  All costs  associated  with  membership  and
17    attendance  of such delegates to any national meetings may be
18    funded  from  the  Design  Professionals  Administration  and
19    Investigation Fund.
20        Prior to issuance of any final  decision  or  order  that
21    deviates  from  any  report  or  recommendation  of the Board
22    relating to the qualification of  applicants,  discipline  of
23    licensees  or  registrants,  or  promulgation  of  rules, the
24    Director  shall  notify  the  Board  in   writing   with   an
25    explanation  of  any  such deviation and provide a reasonable
26    time for the Board to submit writing comments to the Director
27    regarding the proposed action.  In the event that  the  Board
28    fails  or  declines to submit such written comments within 30
29    days of said notification, the Director  may  issue  a  final
30    decision  or  orders  consistent with the Director's original
31    decision.  The Department may at any  time  seek  the  expert
32    advice  and  knowledge of the Board on any matter relating to
33    the enforcement of this Act.
34    (Source: P.A. 86-702.)
                            -10-              LRB9010680NTsbA
 1        (225 ILCS 305/9) (from Ch. 111, par. 1309)
 2        Sec. 9.  Creation  of  the  Board.   The  Director  shall
 3    appoint  an Architecture Architect Licensing Board which will
 4    consist of  6  members.    Five  members  shall  be  licensed
 5    architects,  one  of  whom  shall  be a tenured member of the
 6    architectural faculty of the  University  of  Illinois.   The
 7    other 4 shall be licensed architects, residing in this State,
 8    who  have  been  engaged  in  the practice of architecture at
 9    least 10 years.  In addition to the  5  licensed  architects,
10    there shall be one public member.  The public member shall be
11    a voting member and shall not hold a license as an architect,
12    professional engineer, structural engineer or land surveyor.
13        Board  members  shall  serve 5 year terms and until their
14    successors are  appointed  and  qualified.  For  the  initial
15    appointments made under this Act, however, 2 members shall be
16    appointed  to serve for a period of one year, 2 members shall
17    be appointed to serve for a period of 3 years, and one member
18    shall be appointed for a period of 5 years. The public member
19    shall be appointed to an initial term of 5 years.  In  making
20    the  designation  of persons to the Board, the Director shall
21    give due consideration  to  recommendations  by  members  and
22    organizations of the profession.
23        The  membership  of  the  Board should reasonably reflect
24    representation from the geographic areas in this State.
25        No member shall be reappointed to the Board  for  a  term
26    which  would  cause his continuous service on the Board to be
27    longer than 10  successive  years.    Service  prior  to  the
28    effective date of this Act shall not be considered.
29        Appointments  to fill vacancies shall be made in the same
30    manner as original appointments, for the unexpired portion of
31    the vacated  term.    Initial  terms  shall  begin  upon  the
32    effective  date  of  this  Act and Board members in office on
33    that date under the  predecessor  Act  may  be  appointed  to
34    specific terms as indicated in this Section.
                            -11-              LRB9010680NTsbA
 1        Persons  holding office as members of the Board under the
 2    Illinois Architecture Act immediately prior to the  effective
 3    date of this Act shall continue as members of the Board under
 4    this Act until the expiration of the term for which they were
 5    appointed  and  until  their  successors  are  appointed  and
 6    qualified.
 7        A  quorum  of  the  Board  shall consist of a majority of
 8    Board members currently appointed.  A majority  vote  of  the
 9    quorum  is  required for Board decisions.  Four members shall
10    constitute a quorum of Board  members.   The  Chairman  shall
11    only vote on all matters to come before the Board in the case
12    of a tie vote.
13        The  Director may terminate the appointment of any member
14    for cause which in the opinion  of  the  Director  reasonably
15    justifies  such  termination,  which  may include, but is not
16    limited to, a Board member who does not attend 2  consecutive
17    meetings.
18        Notice of proposed rulemaking shall be transmitted to the
19    Board  and  the  Department  shall review the response of the
20    Board and any recommendations made therein.   The  Department
21    may, at any time, seek the expert advice and knowledge of the
22    Board  on  any  matter  relating  to  the  administration  or
23    enforcement of this Act.
24        Members  of  the Board are immune from suit in any action
25    based upon any disciplinary proceedings or  other  activities
26    performed in good faith as members of the Board.
27    (Source: P.A. 86-702; 87-593.)
28        (225 ILCS 305/10) (from Ch. 111, par. 1310)
29        Sec. 10.  Powers and duties of the Board.
30        (a) The Board shall hold at least 3 regular meetings each
31    year.;
32        (b)  The  Board  shall annually elect a Chairperson and a
33    Vice Chairperson Chairman who shall be a licensed architects.
                            -12-              LRB9010680NTsbA
 1    architect;
 2        (c)  The Board, upon request by the Department, may  make
 3    a  curriculum  evaluation  to determine if courses conform to
 4    the requirements of approved architectural programs.;
 5        (d)  The Board shall assist the Department in  conducting
 6    oral   interviews,   disciplinary   conferences   and  formal
 7    evidentiary hearings.;
 8        (e)  The Department may, at any  time,  seek  the  expert
 9    advice  and  knowledge of the Board on any matter relating to
10    the enforcement of this Act.;
11        (f)  The Board may appoint a subcommittee to serve  as  a
12    Complaint  Committee  to  recommend  the  disposition of case
13    files according to procedures established by rule.;
14        (g)  The Board shall review applicant  qualifications  to
15    sit  for  the  examination  or  for  licensure and shall make
16    recommendations to  the  Department.   The  Department  shall
17    review    the    Board's    recommendations    on   applicant
18    qualifications.  The  Director  shall  notify  the  Board  in
19    writing with an explanation of any deviation from the Board's
20    recommendation  on applicant qualifications.  After review of
21    the  Director's  written  explanation  of  his  reasons   for
22    deviation,  the  Board  shall have the opportunity to comment
23    upon the Director's decision.
24        (h)  The Board  shall  submit  written  comments  to  the
25    Director  within  30  days  from  notification  of  any final
26    decision or order from the Director that  deviates  from  any
27    report  or  recommendation  of  the  Board  relating  to  the
28    qualifications  of  applicants,  discipline  of  licensees or
29    registrants, or promulgation of rules.
30    (Source: P.A. 88-428.)
31        (225 ILCS 305/11) (from Ch. 111, par. 1311)
32        Sec. 11.  Application for original license.  Applications
33    for original licensure shall be made  to  the  Department  in
                            -13-              LRB9010680NTsbA
 1    writing  on  forms  prescribed by the Department and shall be
 2    accompanied by the required fee,  which  is  not  refundable.
 3    Any  such  application  shall  require  information as in the
 4    judgment of the Department will enable the Department to pass
 5    on  the  qualifications  of   the   applicant   to   practice
 6    architecture. The Department may require an applicant, at the
 7    applicant's expense, to have an evaluation of the applicant's
 8    education  in  a  foreign  country by a nationally recognized
 9    educational body approved by the  Board  in  accordance  with
10    rules prescribed by the Department.
11        An  applicant  who  has  graduated  from an architectural
12    program outside the United  States  or  its  territories  and
13    whose   first   language   is   not   English   shall  submit
14    certification of passage of the Test of English as a  Foreign
15    Language  (TOEFL)  and  the  Test  of Spoken English (TSE) as
16    defined by rule before taking the licensure examination.
17    (Source: P.A. 89-594, eff. 8-1-96.)
18        (225 ILCS 305/12) (from Ch. 111, par. 1312)
19        Sec. 12.  Examinations; subjects; failure or  refusal  to
20    take examination.  The Department shall authorize examination
21    of  applicants  as  architects at such times and places as it
22    may determine.  The examination shall be in English and shall
23    be written or written and graphic.  It  shall  include  at  a
24    minimum the following subjects:
25             (a)  pre-design,    environmental    analysis    and
26        programming;
27             (b)  site design;
28             (c)  building design;
29             (d)  structural  technology (general, long span, and
30        lateral);
31             (e)  life safety codes and  technology,  and  energy
32        efficient design;
33             (f)  barrier free design;
                            -14-              LRB9010680NTsbA
 1             (g)  mechanical,  plumbing,  and  electrical systems
 2        (principles of sanitation and ventilation as  applied  to
 3        buildings);
 4             (h)  materials and methods;
 5             (i)  construction  documents, technical submissions,
 6        and  professional  practice,  including  the  contractual
 7        duties of an architect; and
 8             It shall be the responsibility of the  applicant  to
 9        be familiar with this Act and its rules.
10        Examination  subject  matter  headings and bases on which
11    examinations  are  graded  shall  be   indicated   in   rules
12    pertaining  to  this  Act.   The  Department  may  adopt  the
13    examinations  and  grading procedures of the National Council
14    of  Architectural  Registration  Boards.   Content   of   any
15    particular  examination shall not be considered public record
16    under the Freedom of Information Act.
17        If an applicant neglects without an  approved  excuse  or
18    refuses  to  take  the next available examination offered for
19    licensure under this Act, the fee paid by the applicant shall
20    be forfeited.  If an applicant fails to pass  an  examination
21    for licensure under this Act within 3 6 years after filing an
22    application,  the application shall be denied.  The applicant
23    may,  however,  make  a  new  application   for   examination
24    accompanied  by  the  required  fee and must furnish proof of
25    meeting the qualifications for examination in effect  at  the
26    time of the new application.
27        The  Department may by rule prescribe additional subjects
28    for examination.
29        An applicant has one year from the date  of  notification
30    of  successful completion of all the examination requirements
31    to apply to the Department for a license.   If  an  applicant
32    fails  to  apply  within  one  year,  the  applicant shall be
33    required to again take and pass the examination.
34    (Source: P.A. 86-702; 87-593.)
                            -15-              LRB9010680NTsbA
 1        (225 ILCS 305/13) (from Ch. 111, par. 1313)
 2        Sec. 13.  Qualifications of applicants.  Any  person  who
 3    is  of  good  moral  character  may  take  an examination for
 4    licensure  if  he  or  she  is  a  graduate  with   a   first
 5    professional degree in architecture from a program accredited
 6    by  the  National  Architectural  Accrediting  Board  and has
 7    completed such diversified professional  training,  including
 8    academic training, as is required by rules of the Department.
 9    In  lieu  of  the  requirement  of  graduation  with  a first
10    professional degree in architecture from a program accredited
11    by  the  National  Architectural   Accrediting   Board,   the
12    Department  may  admit  an applicant who is a graduate with a
13    pre-professional 4 year  baccalaureate  degree  accepted  for
14    direct entry into a first professional master of architecture
15    degree   program,  and  who  has  completed  such  additional
16    diversified   professional   training,   including   academic
17    training, as is required by rules  of  the  Department.   The
18    Department   may   adopt,   as  its  own  rules  relating  to
19    diversified professional training, those guidelines published
20    from time to time by the National  Council  of  Architectural
21    Registration Boards.
22        Good  moral character means such character as will enable
23    a person to discharge the fiduciary duties of an architect to
24    that person's client and to the  public  in  a  manner  which
25    protects  health,  safety and welfare.  Evidence of inability
26    to discharge such duties may include  the  commission  of  an
27    offense justifying discipline under Section 19.  In addition,
28    the  Department  may  take  into  consideration  whether  the
29    applicant  has  engaged  in  conduct  or  actions  that would
30    constitute grounds for discipline under this Act  any  felony
31    conviction  of the applicant, but such a conviction shall not
32    operate as an absolute bar to qualification  for  examination
33    for licensure.
34    (Source: P.A. 89-387, eff. 8-20-95.)
                            -16-              LRB9010680NTsbA
 1        (225 ILCS 305/14) (from Ch. 111, par. 1314)
 2        Sec.  14.   Display  of license; Seal.  Every holder of a
 3    license as  a  licensed  architect  shall  display  it  in  a
 4    conspicuous place in the principal office of the architect.
 5        Every  licensed architect shall have a reproducible seal,
 6    or facsimile, the print of which shall contain  the  name  of
 7    the  architect,  the  license number, and the words "Licensed
 8    Architect, State of Illinois".  The licensed architect  shall
 9    affix the signature, current date, date of license expiration
10    and  seal to the first sheet of any bound set or loose sheets
11    of construction documents utilized as contract  documents  or
12    prepared  for  the review and approval of any governmental or
13    public  authority  having  jurisdiction  by   that   licensed
14    architect   or   under   that   licensed  architect's  direct
15    supervision and control.  The sheet of construction documents
16    in which the seal is affixed shall indicate  those  documents
17    or parts thereof for which the seal shall apply. The seal and
18    dates  may  be electronically affixed.  The signature must be
19    in the original  handwriting  of  the  licensee.   Signatures
20    generated   by   computer   shall   not  be  permitted.   All
21    construction   documents   issued   by    any    corporation,
22    partnership,    professional    service    corporation,    or
23    professional  design  firm  as  licensed under this Act shall
24    contain the corporate or assumed  business  name  and  design
25    firm  registration  number,  in  addition  to  any other seal
26    requirements as set forth in this Section.
27        "Direct supervision and control" means that the architect
28    has exerted sufficient  personal  supervision,  control,  and
29    review  of  the  activities  of  those  employed  to  perform
30    architectural  work to ensure that the construction documents
31    produced by those so employed and  sealed  by  the  architect
32    meet  the  standards  of  reasonable  professional  skill and
33    diligence and are of no lesser quality than if they had  been
34    produced  personally  by  the  architect.   The  architect is
                            -17-              LRB9010680NTsbA
 1    obligated to have  detailed  professional  knowledge  of  the
 2    construction  documents  the  architect  seals  and  to  have
 3    exercised professional judgement in all architectural matters
 4    embodied  in  those construction documents.  Merely reviewing
 5    the construction documents produced by others, even  if  they
 6    are  licensed,  does  not  constitute "direct supervision and
 7    control" by the architect unless the architect  has  actually
 8    exercised the supervision and control over the preparation of
 9    the construction documents provided for in this Section.
10    (Source: P.A. 86-702; 86-1028.)
11        (225 ILCS 305/16.5 new)
12        Sec.  16.5.  Continuing  education.   The  Department may
13    promulgate rules of continuing education for persons licensed
14    under  this  Act.   The   Department   shall   consider   the
15    recommendations  of  the Board in establishing the guidelines
16    for the continuing education requirements.  The  requirements
17    of  this  Section  apply  to  any  person  seeking renewal or
18    restoration under Section 16 or 17 of this Act.
19        (225 ILCS 305/19) (from Ch. 111, par. 1319)
20        Sec. 19.  Fees.
21        (a)  The Department shall provide by rule for a  schedule
22    of  fees to be paid for licenses by all applicants.  All fees
23    are not refundable.
24        (b)  The fees for the administration and  enforcement  of
25    this  Act,  including  but not limited to original licensure,
26    renewal, and  restoration,  shall  be  set  by  rule  by  the
27    Department.  The following fees are not refundable.
28        (a)  Licensure fees.
29             (1)  The fee for application for a license is $100.
30             (2)  In addition, applicants for any examination are
31        required  to  pay,  either  to  the  Department or to the
32        designated testing service, a fee covering  the  cost  of
                            -18-              LRB9010680NTsbA
 1        determining the applicant's eligibility and providing the
 2        examination.   Failure  to  appear for the examination on
 3        the scheduled date, at  the  time  and  place  specified,
 4        after  the  applicant's  application  for examination has
 5        been received and acknowledged by the Department  or  the
 6        designated   testing   service,   shall   result  in  the
 7        forfeiture of the examination fee.
 8             (3)  The  fee  for  a  license  for   an   architect
 9        registered or licensed under the laws of another state or
10        territory of the United States or province is $100.
11             (4)  The  fee  for the renewal of a license shall be
12        $60.
13             (5)  The fee for the restoration of a license  other
14        than  from  inactive  status  is  $10 plus payment of all
15        lapsed renewal fees.
16             (6)  The fee for application for  a  license  as  an
17        architecture corporation or partnership is $75.
18             (7)  The fee for renewal of a license or certificate
19        of registration as a professional design firm is $75.
20        (b)  General fees.
21             (1)  The   fee  for  the  issuance  of  a  duplicate
22        license, for the issuance of a replacement license for  a
23        license  which  has  been  lost  or  destroyed or for the
24        issuance of a license with a change of  name  or  address
25        other  than  during the renewal period is $20.  No fee is
26        required for  name  and  address  changes  on  Department
27        records when no duplicate license is issued.
28             (2)  The  fee  for  a  certification of a licensee's
29        record for any purpose is $20.
30             (3)  The fee for rescoring  an  examination  is  the
31        cost to the Department of rescoring the examination, plus
32        any  fees  charged  by  the applicable testing service to
33        have the examination rescored.
34             (4)  The  fee  for  a   wall   certificate   showing
                            -19-              LRB9010680NTsbA
 1        licensure   is   the   actual   cost  of  producing  such
 2        certificate.
 3             (5)  The fee for a roster of licensed architects  in
 4        this State is the actual cost of producing such a roster.
 5        All  of  the  fees  and  fines collected pursuant to this
 6    Section  shall  be  deposited  in  the  Design  Professionals
 7    Professional Administration and Investigation  Fund.  Of  the
 8    moneys deposited into the Design Professionals Administration
 9    and  Investigation Fund, the Department may use such funds as
10    necessary and available to produce and distribute newsletters
11    to persons licensed under this Act.
12        Any person who delivers a check or other payment  to  the
13    Department  that  is returned to the Department unpaid by the
14    financial institution upon which it is drawn shall pay to the
15    Department, in addition to the amount  already  owed  to  the
16    Department,  a fine of $50. If the check or other payment was
17    for a renewal or  issuance  fee  and  that  person  practices
18    without  paying  the renewal fee or issuance fee and the fine
19    due, an additional fine of $100 shall be imposed.  The  fines
20    imposed  by  this  Section  are  in  addition  to  any  other
21    discipline provided under this Act for unlicensed practice or
22    practice on a nonrenewed license. The Department shall notify
23    the  person  that  payment of fees and fines shall be paid to
24    the Department by certified check or money  order  within  30
25    calendar  days  of the notification. If, after the expiration
26    of 30 days from the date of the notification, the person  has
27    failed  to  submit  the  necessary remittance, the Department
28    shall automatically terminate the license or  certificate  or
29    deny  the application, without hearing. If, after termination
30    or denial, the person seeks a license or certificate,  he  or
31    she shall apply to the Department for restoration or issuance
32    of  the license or certificate and pay all fees and fines due
33    to the Department. The Department may establish a fee for the
34    processing of an application for restoration of a license  or
                            -20-              LRB9010680NTsbA
 1    certificate   to   pay   all   expenses  of  processing  this
 2    application. The Director may waive the fines due under  this
 3    Section in individual cases where the Director finds that the
 4    fines would be unreasonable or unnecessarily burdensome.
 5    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
 6        (225 ILCS 305/21) (from Ch. 111, par. 1321)
 7        Sec.   21.    Professional   design   firm  registration;
 8    conditions.
 9        (a)  Nothing in this Act shall  prohibit  the  formation,
10    under  the provisions of the Professional Service Corporation
11    Act, of a corporation to offer the practice of architecture.
12        Any business, including a not formed under the provisions
13    of the Professional Service Corporation,  that  Act  and  not
14    registered  as  such  with the Department, and which includes
15    the practice of  architecture  within  its  stated  purposes,
16    practices  architecture,  or holds itself out as available to
17    practice architecture, shall  register  with  the  Department
18    under  this  Section.  Any  professional service corporation,
19    sole proprietorship, or  professional  design  firm  offering
20    architectural   services   must  have  a  resident  architect
21    overseeing the architectural practices in  each  location  in
22    which architectural services are provided.
23        Any  sole  proprietorship  not  owned  and operated by an
24    Illinois licensed design professional licensed under this Act
25    shall be prohibited from offering architectural  services  to
26    the  public.  "Illinois licensed design professional" means a
27    person who holds an active license as an architect under this
28    Act,  as  a  structural   engineer   under   the   Structural
29    Engineering   Practice   Licensing  Act  of  1989,  or  as  a
30    professional  engineer  under  the  Professional  Engineering
31    Practice Act of 1989.   Any  sole  proprietorship  owned  and
32    operated  by an architect with an active license issued under
33    this Act and conducting or transacting such business under an
                            -21-              LRB9010680NTsbA
 1    assumed name in accordance with the provisions of the Assumed
 2    Business  Name  Act  shall  comply  with   the   registration
 3    requirements   of   a  professional  design  firm.  Any  sole
 4    proprietorship owned and operated by  an  architect  with  an
 5    active  license  issued  under  this  Act  and  conducting or
 6    transacting such business under the real  name  of  the  sole
 7    proprietor  is exempt from the registration requirements of a
 8    professional design firm.
 9        (b)  Any   corporation,    partnership,    including    a
10    Professional Service Corporation, or professional design firm
11    seeking  to  be  registered  under  this Section shall not be
12    registered unless:
13             (1)  two-thirds of the board of  directors,  in  the
14        case  of  a  corporation,  or  two-thirds  of the general
15        partners, in the case of a partnership, or two-thirds  of
16        the  members, in the case of a limited liability company,
17        are licensed under the laws  of  any  State  to  practice
18        architecture,  professional  engineering,  or  structural
19        engineering; and
20             (2)  the person having the architectural practice in
21        this State in his charge is (A) a director in the case of
22        a  corporation,  a  general  partner  in  the  case  of a
23        partnership, or  a  member  in  the  case  of  a  limited
24        liability  company,  and  (B)  holds a license under this
25        Act.
26        Any corporation, limited liability company,  professional
27    service  corporation,  or  partnership  qualifying under this
28    Section and practicing in this  State  shall  file  with  the
29    Department   any   information   concerning   its   officers,
30    directors,  members,  managers, partners or beneficial owners
31    as the Department may, by rule, require.
32        (c)  No business shall offer the practice or hold  itself
33    out  as available to offer the practice of architecture until
34    it is registered with the Department.
                            -22-              LRB9010680NTsbA
 1        (d)  Any business seeking to  be  registered  under  this
 2    Section  shall  make  application  on  a form provided by the
 3    Department and shall provide any information requested by the
 4    Department, which shall include but shall not be  limited  to
 5    all of the following:
 6             (1)  The  name  and architect's license number of at
 7        least one person designated  as  the  managing  agent  in
 8        responsible  charge  of  the  practice of architecture in
 9        Illinois.  In the case of a corporation, the  corporation
10        shall  also  submit a certified copy of the resolution by
11        the board of directors designating at least one  managing
12        agent.  If a limited liability company, the company shall
13        submit  a  certified  copy  of  either  its  articles  of
14        organization  or  operating  agreement  designating   the
15        managing agent.
16             (2)  The   names   and   architect's,   professional
17        engineer's,  or  structural engineer's license numbers of
18        the directors, in the case of a corporation, the members,
19        in the case of a limited liability  company,  or  general
20        partners, in the case of a partnership.
21             (3)  A   list   of   all   locations  at  which  the
22        professional design firm provides architectural services.
23             (4)  A list of all assumed names  of  the  business.
24        Nothing  in  this  Section shall be construed to exempt a
25        business from compliance with  the  requirements  of  the
26        Assumed Business Name Act.
27        It  is the responsibility of the professional design firm
28    to provide the Department notice, in writing, of any  changes
29    in the information requested on the application.
30        (e)  In  the  event  a  managing  agent  is terminated or
31    terminates his status as managing agent of  the  professional
32    design  firm, the managing agent and professional design firm
33    shall notify the Department  of  this  fact  in  writing,  by
34    certified mail, within 10 business days of termination.
                            -23-              LRB9010680NTsbA
 1        Thereafter,  the  professional  design firm, if it has so
 2    informed the Department, has 30 days in which to  notify  the
 3    Department  of the name and architect's license number of the
 4    architect who is the newly designated managing  agent.  If  a
 5    corporation,  the  corporation  shall also submit a certified
 6    copy of a resolution by the board  of  directors  designating
 7    the  new  managing agent. If a limited liability company, the
 8    company shall also submit a  certified  copy  of  either  its
 9    articles  of  organization or operating agreement designating
10    the new managing agent. The Department may, upon  good  cause
11    shown, extend the original 30 day period.
12        If  the  professional  design  firm  has not notified the
13    Department in writing, by certified mail within the specified
14    time, the registration  shall  be  terminated  without  prior
15    hearing.   Notification  of  termination  shall  be  sent  by
16    certified mail to the last known address of the business.  If
17    the  professional  design firm continues to operate and offer
18    architectural services after the termination, the  Department
19    may  seek  prosecution under Sections 22, 36, and 36a of this
20    Act for the unlicensed practice of architecture.
21        (f)  No professional design firm  shall  be  relieved  of
22    responsibility  for  the  conduct  or  acts  of  its  agents,
23    employees,  or officers by reason of its compliance with this
24    Section, nor shall any individual practicing architecture  be
25    relieved  of  the  responsibility  for  professional services
26    performed  by  reason  of  the  individual's  employment   or
27    relationship with a professional design firm registered under
28    this Section.
29        (g)  Disciplinary  action  against  a professional design
30    firm registered under this Section shall be  administered  in
31    the  same  manner  and  on  the  same grounds as disciplinary
32    action against a licensed architect.  All disciplinary action
33    taken or pending against a corporation or partnership  before
34    the  effective  date  of this amendatory Act of 1993 shall be
                            -24-              LRB9010680NTsbA
 1    continued or remain in effect without the  Department  filing
 2    separate actions.
 3    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
 4        (225 ILCS 305/22) (from Ch. 111, par. 1322)
 5        Sec. 22.  Refusal, suspension and revocation of licenses;
 6    Causes.
 7        (a)  The  Department  may,  singularly or in combination,
 8    refuse to issue, renew or restore, or may suspend  or  revoke
 9    any  license  or  registration,  or  may  place on probation,
10    reprimand, or fine,  with  a  civil  penalty  not  to  exceed
11    $10,000  for  each  violation,  any  person,  corporation, or
12    partnership,  or  professional  design   firm   licensed   or
13    registered under this Act for any of the following reasons:
14             (1)  material misstatement in furnishing information
15        to the Department;
16             (2)  negligence,  incompetence  or misconduct in the
17        practice of architecture;
18             (3)  failure to comply with any of the provisions of
19        this Act or any of the rules;
20             (4)  making any misrepresentation for the purpose of
21        obtaining licensure;
22             (5)  purposefully making false statements or signing
23        false statements, certificates or  affidavits  to  induce
24        payment;
25             (6)  conviction  of  any crime under the laws of the
26        United States, or any state or territory  thereof,  which
27        is   a   felony,  whether  related  to  the  practice  of
28        architecture or not; or conviction of any crime,  whether
29        a felony, misdemeanor, or otherwise, an essential element
30        of  which  is dishonesty, wanton disregard for the rights
31        of others, or which is directly related to  the  practice
32        of architecture;
33             (7)  aiding or assisting another person in violating
                            -25-              LRB9010680NTsbA
 1        any provision of this Act or its rules;
 2             (8)  signing, affixing the licensed architect's seal
 3        or  permitting  the architect's seal to be affixed to any
 4        construction documents not prepared by the  architect  or
 5        under that architect's direct supervision and control;
 6             (9)  engaging    in   dishonorable,   unethical   or
 7        unprofessional conduct of a character likely to  deceive,
 8        defraud or harm the public;
 9             (10)  habitual  intoxication or addiction to the use
10        of drugs;
11             (11)  making a statement of compliance  pursuant  to
12        the   Environmental   Barriers   Act   that  construction
13        documents prepared by the Licensed Architect or  prepared
14        under  the  licensed  architect's  direct supervision and
15        control for construction or alteration  of  an  occupancy
16        required  to  be  in  compliance  with  the Environmental
17        Barriers Act are in  compliance  with  the  Environmental
18        Barriers  Act when such construction documents are not in
19        compliance;
20             (12)  a finding by the Board that an applicant or  a
21        registrant  has  failed  to  pay  a  fine  imposed by the
22        Department or a registrant, whose license has been placed
23        on  probationary  status,  has  violated  the  terms   of
24        probation;
25             (13)  discipline   by   another   state,  territory,
26        foreign country, the District  of  Columbia,  the  United
27        States  government,  or any other governmental agency, if
28        at least one of the grounds for discipline is the same or
29        substantially equivalent to those set forth herein;
30             (14)  failure to provide information in response  to
31        a  written  request made by the Department within 30 days
32        after the receipt of such written request;
33             (15)  physical illness, including, but  not  limited
34        to,  deterioration  through  the aging process or loss of
                            -26-              LRB9010680NTsbA
 1        motor skill which results in the  inability  to  practice
 2        the profession with reasonable judgment, skill or safety.
 3        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
 4    showing  of a possible violation may compel a person licensed
 5    to practice under this Act, or who has applied for  licensure
 6    or  certification pursuant to this Act, to submit to a mental
 7    or physical examination, or both, as required by and  at  the
 8    expense of the Department.  The examining physicians shall be
 9    those specifically designated by the Board.  The Board or the
10    Department  may  order  the  examining  physician  to present
11    testimony concerning this mental or physical  examination  of
12    the  licensee or applicant.  No information shall be excluded
13    by reason of any common law or statutory  privilege  relating
14    to  communications  between the licensee or applicant and the
15    examining physician.  The person to be examined may have,  at
16    his  or  her  own  expense,  another  physician of his or her
17    choice  present  during  all  aspects  of  the   examination.
18    Failure  of  any  person  to  submit  to a mental or physical
19    examination, when directed, shall be grounds  for  suspension
20    of  a  license until the person submits to the examination if
21    the Board finds, after notice and hearing, that  the  refusal
22    to submit to the examination was without reasonable cause.
23        If the Board finds a person unable to practice because of
24    the  reasons set forth in this Section, the Board may require
25    that person to submit to care, counseling,  or  treatment  by
26    physicians   approved   or  designated  by  the  Board  as  a
27    condition, term, or restriction for continued, reinstated, or
28    renewed  licensure  to  practice;  or,  in  lieu   of   care,
29    counseling,  or  treatment,  the  Board  may recommend to the
30    Department to file a complaint to immediately suspend, revoke
31    or otherwise discipline  the  license  of  the  person.   Any
32    person  whose  license  was  granted,  continued, reinstated,
33    renewed, disciplined, or supervised subject  to  such  terms,
34    conditions, or restrictions and who fails to comply with such
                            -27-              LRB9010680NTsbA
 1    terms,  conditions,  or restrictions shall be referred to the
 2    Director for a determination as to whether the  person  shall
 3    have  his  or  her  license  suspended immediately, pending a
 4    hearing by the Board.
 5        (b)  The determination by a circuit court that a licensee
 6    is subject to involuntary admission or judicial admission, as
 7    provided in the Mental Health and Developmental  Disabilities
 8    Code,  operates  as an automatic suspension.  Such suspension
 9    will end only upon a finding by a court that the  patient  is
10    no  longer  subject  to  involuntary  admission  or  judicial
11    admission,   the   issuance   of  an  order  so  finding  and
12    discharging the patient, and the recommendation of the  Board
13    to  the  Director  that  the  licensee  be  allowed to resume
14    practice.
15        The Department may refuse to issue  or  may  suspend  the
16    license  of  any person who fails to file a return, or to pay
17    the tax, penalty or interest shown in a filed return,  or  to
18    pay  any  final  assessment  of  tax, penalty or interest, as
19    required  by  any  tax  Act  administered  by  the   Illinois
20    Department of Revenue, until such time as the requirements of
21    any such tax Act are satisfied.
22        Persons  who  assist  the  Department  as  consultants or
23    expert witnesses  in  the  investigation  or  prosecution  of
24    alleged violations of the Act, licensure matters, restoration
25    proceedings,  or  criminal  prosecutions, shall not be liable
26    for damages in any civil action or proceeding as a result  of
27    such  assistance,  except  upon  proof of actual malice.  The
28    attorney general shall defend such persons in any such action
29    or proceeding.
30    (Source: P.A. 88-428.)
31        (225 ILCS 305/38) (from Ch. 111, par. 1338)
32        Sec.  38.   Fund;  appropriations;  investments;  audits.
33    Moneys deposited in the Design  Professionals  Administration
                            -28-              LRB9010680NTsbA
 1    and   Investigation   Fund   shall  be  appropriated  to  the
 2    Department exclusively for expenses of the Department and the
 3    Board  in  the  administration  of  this  Act,  the  Illinois
 4    Professional Land Surveyor  Act  of  1989,  the  Professional
 5    Engineering   Practice   Act  of  1989,  and  the  Structural
 6    Engineering Practice Licensing Act of 1989.  The expenses  of
 7    the  Department  under  this  Act  shall  be  limited  to the
 8    ordinary and contingent expenses of the Design  Professionals
 9    Dedicated  Employees  within  the  Department  as established
10    under Section  62.1  of  the  Civil  Administrative  Code  of
11    Illinois and other expenses related to the administration and
12    enforcement of this Act.
13        Moneys  from  the  Fund  may  also be used for direct and
14    allocable indirect costs related to the  public  purposes  of
15    the  Department  of  Professional  Regulation.  Moneys in the
16    Fund may be transferred to the Professions Indirect Cost Fund
17    as authorized by Section 61e of the Civil Administrative Code
18    of Illinois.
19        All fines and penalties under Sections 22 and 36 shall be
20    deposited  in  the  Design  Professional  Administration  and
21    Investigation Fund.
22        Moneys in  the  Design  Professional  Administration  and
23    Investigation  Fund  may be invested and reinvested, with all
24    earnings received from the investments to be deposited in the
25    Design Professionals Administration  and  Investigation  Fund
26    and used for the same purposes as fees deposited in the Fund.
27        Upon  the  completion  of  any audit of the Department as
28    prescribed by the Illinois State Auditing Act  that  includes
29    an  audit  of  the  Design  Professionals  Administration and
30    Investigation Fund, the Department shall make the audit  open
31    to  inspection  by  any  interested  person.  The copy of the
32    audit report required to be submitted to  the  Department  by
33    this  Section  is  an  addition  to  copies  of audit reports
34    required to be submitted to other State officers and agencies
                            -29-              LRB9010680NTsbA
 1    by Section 3-14 of the Illinois State Auditing Act.
 2    (Source: P.A. 89-204, eff. 1-1-96.)
 3        Section 35.  The Interior Design Professional  Title  Act
 4    is amended by changing Section 4 as follows:
 5        (225 ILCS 310/4) (from Ch. 111, par. 8204)
 6        Sec.  4.   (a)  No  individual  shall,  without  a  valid
 7    registration   as   an   interior   designer  issued  by  the
 8    Department, in any manner hold himself out to the  public  as
 9    an  interior designer or attach the title "interior designer"
10    or any other name or designation which would in any way imply
11    that he is able to  use  the  title  "interior  designer"  as
12    defined  in  this  Act.  No individual shall, without a valid
13    registration as a residential interior designer issued by the
14    Department, in any manner hold himself out to the public as a
15    residential interior designer, or use the title  "residential
16    interior  designer"  or any name or designation that would in
17    any way imply that he is able to use the  title  "residential
18    interior designer" as defined in this Act.
19        (a-5)  Nothing   in   this  Act  shall  be  construed  as
20    preventing or restricting the services offered or  advertised
21    by an interior designer who is registered under this Act.
22        (b)  Nothing in this Act shall prevent the employment, by
23    an   interior  designer  or  residential  interior  designer,
24    association,  partnership,  or   a   corporation   furnishing
25    interior  design  or residential interior design services for
26    remuneration, of persons not registered as interior designers
27    or residential interior  designers  to  perform  services  in
28    various  capacities  as  needed, provided that the persons do
29    not represent themselves as, or use the title  of,  "interior
30    designer",   "registered   interior  designer",  "residential
31    interior  designer"  or  "registered   residential   interior
32    designer".
                            -30-              LRB9010680NTsbA
 1        (c)  Nothing  in this Act shall be construed to limit the
 2    activities and  use  of  the  title  "interior  designer"  or
 3    "residential  interior  designer" on the part of a person not
 4    registered under this Act who is a graduate  of  an  interior
 5    design  program  and a full-time employee of a duly chartered
 6    institution  of  higher  education  insofar  as  such  person
 7    engages in public speaking,  with  or  without  remuneration,
 8    provided that such person does not represent himself to be an
 9    interior  designer  or  use  the  title  "registered interior
10    designer" or "registered residential interior designer".
11        (d)  Nothing contained in this  Act  shall  restrict  any
12    person not registered under this Act from carrying out any of
13    the  activities  under  paragraph  (f) of Section (3) if such
14    person does not represent himself  or  his  services  in  any
15    manner prohibited by this Act.
16        (e)  Nothing in this Act shall be construed as preventing
17    or  restricting  the practice, services, or activities of any
18    person licensed in  this  State  under  any  other  law  from
19    engaging  in  the  profession  or  occupation for which he is
20    licensed.
21        (f)  Nothing in this Act shall be construed as preventing
22    or restricting  the  practice,  services,  or  activities  of
23    engineers   licensed   under   the  Professional  Engineering
24    Practice Act of 1989 or the Structural  Engineering  Practice
25    Licensing  Act  of  1989; architects licensed pursuant to the
26    Illinois Architectural Practice Act  of  1989;  any  interior
27    decorator or individual offering interior decorating services
28    including,  but  not  limited  to,  the  selection of surface
29    materials,  window  treatments,  wall  coverings,  furniture,
30    accessories, paint, floor coverings, and  lighting  fixtures;
31    or  builders,  home  furnishings  salespersons,  and  similar
32    purveyors of goods and services relating to homemaking.
33        (g)  Nothing in this Act or any other Act shall prevent a
34    licensed  architect  from practicing interior design services
                            -31-              LRB9010680NTsbA
 1    or from using the title "interior designer"  or  "residential
 2    interior  designer".   Nothing in this Act shall be construed
 3    as  requiring  the  services  of  an  interior  designer   or
 4    residential interior designer for the interior designing of a
 5    single family residence.
 6        (h)  Nothing   in   this  Act  shall  authorize  interior
 7    designers  or  residential  interior  designers  to   perform
 8    services,  including  life  safety  services  that  they  are
 9    prohibited  from  performing,  or  any  practice  (i) that is
10    restricted in the Illinois Architecture Practice Act of 1989,
11    the Professional Engineering Practice Act  of  1989,  or  the
12    Structural  Engineering  Practice  Licensing  Act of 1989, or
13    (ii) that they  are  not  authorized  to  perform  under  the
14    Environmental Barriers Act.
15    (Source: P.A. 88-650, eff. 9-16-94.)
16        Section 40.  The Illinois Plumbing License Law is amended
17    by changing Section 3 as follows:
18        (225 ILCS 320/3) (from Ch. 111, par. 1103)
19        Sec.  3.  (1)  All  planning  and  designing  of plumbing
20    systems and all plumbing shall be performed only by  plumbers
21    licensed  under the provisions of this Act hereinafter called
22    "licensed plumbers" and "licensed apprentice plumbers".   The
23    inspection  of  plumbing  and  plumbing systems shall be done
24    only by the sponsor or his or  her  agent  who  shall  be  an
25    Illinois  licensed  plumber.   Nothing herein contained shall
26    prohibit licensed plumbers or  licensed  apprentice  plumbers
27    under   supervision  from  planning,  designing,  inspecting,
28    installing, repairing,  maintaining,  altering  or  extending
29    building  sewers  in accordance with this Act.  No person who
30    holds a license or  certificate  of  registration  under  the
31    Illinois Architecture Practice Act of 1989, or the Structural
32    Engineering   Practice   Licensing   Act   of  1989,  or  the
                            -32-              LRB9010680NTsbA
 1    Professional  Engineering  Practice  Act  of  1989  shall  be
 2    prevented from planning and designing plumbing systems.
 3        (2)  Nothing herein contained shall  prohibit  the  owner
 4    occupant  or lessee occupant of a single family residence, or
 5    the owner of a single family residence under construction for
 6    his or her occupancy, from planning, installing, altering  or
 7    repairing  the  plumbing  system  of such residence, provided
 8    that  (i)  such  plumbing  shall  comply  with  the   minimum
 9    standards  for  plumbing  contained  in  the  Illinois  State
10    Plumbing  Code,  and  shall  be  subject to inspection by the
11    Department or the local governmental unit  if  it  retains  a
12    licensed  plumber as an inspector; and (ii) such owner, owner
13    occupant or lessee occupant shall not  employ  other  than  a
14    plumber licensed pursuant to this Act to assist him or her.
15        For  purposes  of  this  subsection,  a  person  shall be
16    considered an "occupant" if and only if he or she  has  taken
17    possession  of  and  is  living in the premises as his or her
18    bona fide sole and exclusive residence, or, in the  case   of
19    an  owner of a single family residence under construction for
20    his or her occupancy, he or she expects to take possession of
21    and live in the premises as his or her  bona  fide  sole  and
22    exclusive residence, and he or she has a current intention to
23    live  in  such  premises  as  his  or  her bona fide sole and
24    exclusive residence for a period of not less  than  6  months
25    after  the completion of the plumbing work performed pursuant
26    to the authorization of this subsection, or, in the  case  of
27    an  owner of a single family residence under construction for
28    his or her occupancy, for a period of not less than 6  months
29    after  the  completion  of  construction  of  the  residence.
30    Failure  to  possess  and  live in the premises as a sole and
31    exclusive residence for a period of 6 months  or  more  shall
32    create a rebuttable presumption of a lack of such intention.
33        (3)  The employees of a firm, association, partnership or
34    corporation who engage in plumbing shall be licensed plumbers
                            -33-              LRB9010680NTsbA
 1    or licensed apprentice plumbers. At least one member of every
 2    firm,  association  or  partnership engaged in plumbing work,
 3    and at least  one  corporate  officer  of  every  corporation
 4    engaged  in  plumbing  work,  as  the case may be, shall be a
 5    licensed  plumber.  A  retired  plumber  cannot  fulfill  the
 6    requirements of this subsection (3).
 7        (4) (a)  A licensed apprentice plumber shall plan, design
 8        and install plumbing only under the  supervision  of  the
 9        sponsor  or  his  or  her  agent  who is also an Illinois
10        licensed plumber.
11             (b)  An applicant for  licensing  as  an  apprentice
12        plumber  shall  be  at least 16 years of age and apply on
13        the application form provided  by  the  Department.  Such
14        application  shall verify that the applicant is sponsored
15        by  an  Illinois  licensed   plumber   or   an   approved
16        apprenticeship  program  and  shall  contain the name and
17        license  number  of  the  licensed  plumber  or   program
18        sponsor.
19             (c)  No  licensed  plumber shall sponsor more than 2
20        licensed apprentice plumbers  at  the  same  time.  If  2
21        licensed  apprentice  plumbers are sponsored by a plumber
22        at the same time, one of the apprentices must have, at  a
23        minimum,  2 years experience as a licensed apprentice. No
24        licensed  plumber  sponsor  or  his  or  her  agent   may
25        supervise  2  licensed apprentices with less than 2 years
26        experience at the same time. The sponsor or  agent  shall
27        supervise  and  be responsible for the plumbing performed
28        by a licensed apprentice.
29             (d)  No agent shall supervise more than  2  licensed
30        apprentices at the same time.
31             (e)  No  licensed  plumber  may,  in  any  capacity,
32        supervise more than 2 licensed apprentice plumbers at the
33        same time.
34             (f)  No  approved apprenticeship program may sponsor
                            -34-              LRB9010680NTsbA
 1        more licensed apprentices than  2  times  the  number  of
 2        licensed  plumbers  available to supervise those licensed
 3        apprentices.
 4             (g)  No approved apprenticeship program may  sponsor
 5        more   licensed   apprentices  with  less  than  2  years
 6        experience than it has  licensed  plumbers  available  to
 7        supervise those licensed apprentices.
 8             (h)  No  individual  shall  work  as  an  apprentice
 9        plumber  unless he or she is properly licensed under this
10        Act.  The Department shall issue an apprentice  plumber's
11        license to each approved applicant.
12             (i)  No licensed apprentice plumber shall serve more
13        than  a  6 year licensed apprenticeship period.  If, upon
14        completion of a 6 year  licensed  apprenticeship  period,
15        such  licensed  apprentice plumber does not apply for the
16        examination for a plumber's license and successfully pass
17        the examination for  a  plumber's  license,  his  or  her
18        apprentice plumber's license shall not be renewed.
19        Nothing  contained  in  P.A.  83-878, entitled "An Act in
20    relation to professions", approved September  26,  1983,  was
21    intended  by  the General Assembly nor should it be construed
22    to require the employees of a governmental unit or  privately
23    owned  municipal  water  supplier  who  operate,  maintain or
24    repair a water or sewer plant  facility  which  is  owned  or
25    operated   by  such  governmental  unit  or  privately  owned
26    municipal water supplier to be licensed plumbers  under  this
27    Act.   In  addition,  nothing  contained  in  P.A. 83-878 was
28    intended by the General Assembly nor should it  be  construed
29    to permit persons other than licensed plumbers to perform the
30    installation,  repair, maintenance or replacement of plumbing
31    fixtures, such as toilet facilities,  floor  drains,  showers
32    and  lavatories,  and the piping attendant to those fixtures,
33    within  such  facility  or  in  the  construction  of  a  new
34    facility.
                            -35-              LRB9010680NTsbA
 1        Nothing contained in P.A. 83-878,  entitled  "An  Act  in
 2    relation  to  professions",  approved September 26, 1983, was
 3    intended by the General Assembly nor should it  be  construed
 4    to  require the employees of a governmental unit or privately
 5    owned  municipal  water  supplier  who  install,  repair   or
 6    maintain  water service lines from water mains in the street,
 7    alley or curb line to private property lines and who install,
 8    repair or maintain water meters to be licensed plumbers under
 9    this Act if such work was customarily performed prior to  the
10    effective  date of such Act by employees of such governmental
11    unit or privately owned municipal water supplier who were not
12    licensed plumbers.   Any  such  work  which  was  customarily
13    performed  prior to the effective date of such Act by persons
14    who were licensed plumbers or subcontracted  to  persons  who
15    were  licensed  plumbers  must  continue  to  be performed by
16    persons who are licensed plumbers or subcontracted to persons
17    who are licensed plumbers.  When necessary  under  this  Act,
18    the  Department  shall  make the determination whether or not
19    persons who are licensed plumbers customarily performed  such
20    work.
21    (Source: P.A. 89-665, eff. 8-14-96.)
22        Section 45.  The Professional Engineering Practice Act of
23    1989  is  amended  by changing Sections 3, 4, 5, 6, 7, 8, 10,
24    12, 14, 15, 20, 23, 24, 44, and 47 and by adding Section 17.5
25    as follows:
26        (225 ILCS 325/3) (from Ch. 111, par. 5203)
27        Sec. 3.  Application of the Act; Exemptions.
28        (a)  Nothing in this Act shall be  construed  to  prevent
29    the  practice  of  structural  engineering  as defined in the
30    Structural Engineering Practice Licensing Act of 1989 or  the
31    practice   of   architecture   as  defined  in  the  Illinois
32    Architecture  Practice  Act  of  1989  or  the  regular   and
                            -36-              LRB9010680NTsbA
 1    customary    practice   of   construction   contracting   and
 2    construction  management   as   performed   by   construction
 3    contractors.
 4        (b)  Nothing in this Act shall prevent:
 5             (1)  Employees,  including  project representatives,
 6        of professional engineers  lawfully  practicing  as  sole
 7        owners, partnerships or corporations under this Act, from
 8        acting under the direct supervision of their employers.
 9             (2)  The  employment  of  owner's representatives by
10        the owner during the constructing, adding to, or altering
11        of a project, or any parts thereof,  provided  that  such
12        owner's  representative  shall  not have the authority to
13        deviate from the technical submissions without the  prior
14        approval of the professional engineer for the project.
15             (3)  The  practice  of officers and employees of the
16        Government of the United States while engaged within this
17        State in the practice of the  profession  of  engineering
18        for the Government.
19             (4)  Services  performed  by employees of a business
20        organization   engaged   in   utility,   industrial    or
21        manufacturing  operations,  or by employees of laboratory
22        research affiliates of such business  organization  which
23        are  rendered  in  connection  with  the  fabrication  or
24        production,  sale, and installation of products, systems,
25        or nonengineering services of the  business  organization
26        or  its  affiliates.   This exemption shall not extend to
27        the   construction   and   to   the   rehabilitation   or
28        reconstruction  of  infrastructure,  plants,   or   other
29        physical  facilities  of the business organization on its
30        property or on public property or rights-of-way.
31             (5)  Inspection, maintenance and service  work  done
32        by  employees  of  the  State  of Illinois, any political
33        subdivision thereof or any municipality.
34             (6)  The activities performed  by  those  ordinarily
                            -37-              LRB9010680NTsbA
 1        designated  as  chief  engineer of plant operation, chief
 2        operating engineer, locomotive, stationary, marine, power
 3        plant or  hoisting  and  portable  engineers,  electrical
 4        maintenance  or  service engineers, personnel employed in
 5        connection with construction, operation or maintenance of
 6        street lighting, traffic control signals, police and fire
 7        alarm systems, waterworks, steam,  electric,  and  sewage
 8        treatment and disposal plants, or the services ordinarily
 9        performed   by   any   worker  regularly  employed  as  a
10        locomotive, stationary, marine, power plant, or  hoisting
11        and   portable  engineer  or  electrical  maintenance  or
12        service  engineer  for  any  corporation,  contractor  or
13        employer.
14             (7)  The activities performed by a person ordinarily
15        designated  as  a  supervising  engineer  or  supervising
16        electrical maintenance or service engineer who supervises
17        the  operation  of,  or  who   operates,   machinery   or
18        equipment,   or   who   supervises  construction  or  the
19        installation of equipment within a plant which  is  under
20        such person's immediate supervision.
21             (8)  The  services,  for private use, of contractors
22        or owners in the construction of engineering works or the
23        installation of equipment.
24        (c)  No  officer,  board,  commission,  or  other  public
25    entity charged with the enforcement of codes  and  ordinances
26    involving a professional engineering project shall accept for
27    filing or approval any technical submissions that do not bear
28    the  seal  and  signature of a professional engineer licensed
29    under this Act.
30        (d)  Nothing contained in this  Section  imposes  upon  a
31    person  licensed  under  this  Act the responsibility for the
32    performance of any of the  foregoing  functions  unless  such
33    person specifically contracts to provide it.
34    (Source: P.A. 86-667; 86-1475.)
                            -38-              LRB9010680NTsbA
 1        (225 ILCS 325/4) (from Ch. 111, par. 5204)
 2        Sec. 4.  Definitions.  As used in this Act:
 3        (a)  "Approved    engineering    curriculum"   means   an
 4    engineering curriculum of 4  academic  years  or  more  which
 5    meets   the   standards  established  by  the  rules  of  the
 6    Department.
 7        (b)  "Board"  means  the  State  Board  of   Professional
 8    Engineers  of  the  Department  of  Professional  Regulation,
 9    previously known as the Examining Committee.
10        (c)  "Department"  means  the  Department of Professional
11    Regulation.
12        (d)  "Design professional" means an architect, structural
13    engineer or professional engineer practicing  in  conformance
14    with  the  Illinois  Architecture  Practice  Act of 1989, the
15    Structural Engineering Practice Licensing Act of 1989 or  the
16    Professional Engineering Practice Act of 1989.
17        (e)  "Director"   means   the  Director  of  Professional
18    Regulation.
19        (f)  "Direct supervision/responsible charge"  means  work
20    prepared   under  the  control  of  a  licensed  professional
21    engineer or that work as to which that professional  engineer
22    has detailed professional knowledge.
23        (g)  "Engineering   college"  means  a  school,  college,
24    university, department of a university or  other  educational
25    institution,  reputable  and  in  good standing in accordance
26    with rules prescribed by the  Department,  and  which  grants
27    baccalaureate degrees in engineering.
28        (h)  "Engineering  system  or facility" means a system or
29    facility whose design is based upon the  application  of  the
30    principles  of  science  for  the  purpose of modification of
31    natural states of being.
32        (i)  "Engineer intern" means a person who is a  candidate
33    for  licensure  as  a  professional engineer and who has been
34    enrolled as an engineer intern.
                            -39-              LRB9010680NTsbA
 1        (j)  "Enrollment" means an action by  the  Department  to
 2    record   those   individuals   who   have   met  the  Board's
 3    requirements for an engineer intern.
 4        (k)  "License" means an official document issued  by  the
 5    Department to an individual, a corporation, or a partnership,
 6    a  professional  service  corporation,  a  limited  liability
 7    company,  or  a  sole proprietorship, signifying authority to
 8    practice.
 9        (l)  "Negligence  in   the   practice   of   professional
10    engineering"  means  the  failure  to exercise that degree of
11    reasonable  professional  skill,   judgment   and   diligence
12    normally  rendered  by professional engineers in the practice
13    of professional engineering.
14        (m)  "Professional  engineer"  means  a  person  licensed
15    under  the  laws  of  the  State  of  Illinois  to   practice
16    professional engineering.
17        (n)  "Professional  engineering" means the application of
18    science to the design of engineering systems  and  facilities
19    using   the   knowledge,  skills,  ability  and  professional
20    judgment   developed   through    professional    engineering
21    education, training and experience.
22        (o)  "Professional   engineering   practice"   means  the
23    consultation  on,  conception,   investigation,   evaluation,
24    planning,  and  design  of,  and  selection  of materials and
25    methods  to  be  used  in,  administration  of   construction
26    contracts  for,  or site observation of an engineering system
27    or   facility,   where   such    consultation,    conception,
28    investigation,   evaluation,   planning,  design,  selection,
29    administration, or observation requires  extensive  knowledge
30    of  engineering  laws,  formulae,  materials,  practice,  and
31    construction   methods.   A  person  shall  be  construed  to
32    practice  or  offer  to  practice  professional  engineering,
33    within the meaning and intent of this Act, who practices,  or
34    who,  by verbal claim, sign, advertisement, letterhead, card,
                            -40-              LRB9010680NTsbA
 1    or any  other  way,  is  represented  to  be  a  professional
 2    engineer,  or  through  the use of the initials "P.E." or the
 3    title "engineer" or any of  its  derivations  or  some  other
 4    title  implies licensure as a professional engineer, or holds
 5    himself  out  as  able  to  perform  any  service  which   is
 6    recognized as professional engineering practice.
 7        Examples  of  the  practice  of  professional engineering
 8    include,  but  need  not  be   limited   to,   transportation
 9    facilities  and  publicly  owned  utilities  for  a region or
10    community, railroads, railways,  highways,  subways,  canals,
11    harbors,  river  improvements;  irrigation  works;  aircraft,
12    airports  and  landing fields; waterworks, piping systems and
13    appurtenances, sewers, sewage disposal works; plants for  the
14    generation  of  power;  devices for the utilization of power;
15    boilers; refrigeration plants, air conditioning  systems  and
16    plants;   heating   systems   and   plants;  plants  for  the
17    transmission or  distribution  of  power;  electrical  plants
18    which  produce,  transmit,  distribute, or utilize electrical
19    energy; works for the extraction of minerals from the  earth;
20    plants  for  the  refining,  alloying  or treating of metals;
21    chemical works and industrial plants  involving  the  use  of
22    chemicals  and chemical processes; plants for the production,
23    conversion, or utilization of nuclear, chemical,  or  radiant
24    energy;   forensic   engineering,   geotechnical  engineering
25    including, subsurface  investigations;  soil  classification,
26    geology  and  geohydrology,  incidental  to  the  practice of
27    professional  engineering;  energy  analysis,   environmental
28    design,  hazardous waste mitigation and control; recognition,
29    measurement, evaluation and control of environmental  systems
30    and  emissions; automated building management systems; or the
31    provision of professional engineering site observation of the
32    construction  of  works  and  engineering  systems.   Nothing
33    contained in this Section  imposes  upon  a  person  licensed
34    under  this Act the responsibility for the performance of any
                            -41-              LRB9010680NTsbA
 1    of the foregoing functions unless  such  person  specifically
 2    contracts to provide it.
 3        (p)  "Project   representative"  means  the  professional
 4    engineer's representative at the project site who assists  in
 5    the administration of the construction contract.
 6        (q)  "Registered"   means  the  same  as  "licensed"  for
 7    purposes of this Act.
 8        (r)  "Related science curriculum" means a 4 year  program
 9    of  study,  the satisfactory completion of which results in a
10    Bachelor of Science degree, and which contains  courses  from
11    such areas as life, earth, engineering and computer sciences,
12    including  but not limited to, physics and chemistry.  In the
13    study  of  these  sciences,  the  objective  is  to   acquire
14    fundamental  knowledge  about  the  nature  of its phenomena,
15    including quantitative expression, appropriate to  particular
16    fields of engineering.
17        (s)  "Rules"  means  those  rules promulgated pursuant to
18    this Act.
19        (t)  "Seal" means the seal in compliance with Section  14
20    of this Act.
21        (u)  "Site observation" is visitation of the construction
22    site  for the purpose of reviewing, as available, the quality
23    and conformance of the work to the technical  submissions  as
24    they relate to design.
25        (v)  "Support  design  professional" means a professional
26    engineer practicing  in  conformance  with  the  Professional
27    Engineering  Practice  Act  of 1989, who provides services to
28    the design professional who has contract responsibility.
29        (w)  "Technical submissions" means designs, drawings, and
30    specifications which establish the standard  of  quality  for
31    materials,   workmanship,  equipment,  and  the  construction
32    systems, studies, and other technical reports prepared in the
33    course of a design professional's practice.
34    (Source: P.A. 88-372.)
                            -42-              LRB9010680NTsbA
 1        (225 ILCS 325/5) (from Ch. 111, par. 5205)
 2        Sec. 5.  Powers and duties of the Department.  Subject to
 3    the provisions of this Act, the Department shall exercise the
 4    following functions, powers and duties:
 5        (a)  To  pass  upon  the   qualifications   and   conduct
 6    examinations  of  applicants  for  licensure  as professional
 7    engineers or enrollment as engineer interns and pass upon the
 8    qualifications of  applicants  by  endorsement  and  issue  a
 9    license  or  enrollment  to those who are found to be fit and
10    qualified;
11        (b)  To prescribe  rules  for  the  method,  conduct  and
12    grading of the examination of applicants;
13        (c)  To    license    corporations,   and   partnerships,
14    professional   service   corporations,   limited    liability
15    companies,  and  sole  proprietorships  for  the  practice of
16    professional engineering and issue a  license  to  those  who
17    qualify;
18        (d)  To  conduct  investigations  and  hearings regarding
19    violations of this Act and take disciplinary or other actions
20    as provided in this Act as a result of the proceedings;
21        (e)  To prescribe rules as to what  shall  constitute  an
22    engineering or related science curriculum and to determine if
23    a  specific  engineering curriculum is in compliance with the
24    rules,  and  to  terminate  the  approval   of   a   specific
25    engineering curriculum for non-compliance with such rules;
26        (f)  To  promulgate rules required for the administration
27    of this Act, including rules of professional conduct;
28        (g)  To maintain membership in the  National  Council  of
29    Examiners  for  Engineering  and Surveying and participate in
30    activities of the Council by designation of  individuals  for
31    the various classifications of membership, the appointment of
32    delegates for attendance at zone and national meetings of the
33    Council,  and  the funding of the delegates for attendance at
34    the meetings of the Council; and
                            -43-              LRB9010680NTsbA
 1        (h)  To obtain written  recommendations  from  the  Board
 2    regarding  qualifications  of  individuals  for licensure and
 3    enrollment, definitions of curriculum content and approval of
 4    engineering curricula, standards of professional conduct  and
 5    formal  disciplinary  actions,  and  the  promulgation of the
 6    rules affecting these matters.
 7        Prior to issuance of any final  decision  or  order  that
 8    deviates  from  any  report  or  recommendations of the Board
 9    relating to the qualification of  applicants,  discipline  of
10    licensees  or  registrants,  or  promulgation  of  rules, the
11    Director  shall  notify  the  Board  in   writing   with   an
12    explanation  of  any  such deviation and provide a reasonable
13    time for the Board to submit written comments to the Director
14    regarding the proposed action.  In the event that  the  Board
15    fails  or  declines to submit such written comments within 30
16    days of said notification, the Director  may  issue  a  final
17    decision  or  orders  consistent with the Director's original
18    decision.  The Department may at any  time  seek  the  expert
19    advice  and  knowledge of the Board on any matter relating to
20    the enforcement of this Act.
21        None of the functions, powers  or  duties  enumerated  in
22    this Section shall be exercised by the Department except upon
23    the action and report in writing of the Board.
24    (Source: P.A. 89-61, eff. 6-30-95.)
25        (225 ILCS 325/6) (from Ch. 111, par. 5206)
26        Sec.  6.   Composition,  qualifications  and terms of the
27    Board.  (a) The Board shall be appointed by the Director  and
28    shall  consist  of  10 members, one of whom shall be a public
29    member and 9 of whom shall be professional engineers licensed
30    under  this  Act.   In  addition  each  member   who   is   a
31    professional engineer shall:
32        (1)  be a citizen of the United States, and
33        (2)  be a resident of this State.
                            -44-              LRB9010680NTsbA
 1        (b)  In  addition,  each  member  who  is  a professional
 2    engineer shall:
 3        (1)  have not less than 12 years  of  experience  in  the
 4    practice  of  professional  engineering,  and  shall  hold an
 5    active license as a professional engineer in Illinois;
 6        (2)  have been in charge of professional engineering work
 7    for at least 5 years.  For the purposes of this Section,  any
 8    period  in  which  a  person  has  been in charge of teaching
 9    engineering in  an  engineering  college  with  the  rank  of
10    assistant  professor or higher shall be considered as time in
11    which such person was in charge of  professional  engineering
12    work.
13        The  terms  for all members shall be for 5 years.  On the
14    expiration of the term of any member or in  the  event  of  a
15    vacancy,  the  Director shall appoint a member who shall hold
16    office until the expiration of the term for which the  member
17    is  appointed  and  until  a successor has been appointed and
18    qualified.
19        No member shall be reappointed to the Board  for  a  term
20    which would cause that individual's continuous service on the
21    Board to be longer than 15 successive years.
22        In implementing the 5 year terms, the Director shall vary
23    the  terms  to  enable the Board to have no more than 2 terms
24    expire in any one year.
25        The public member shall not be an employee of  the  State
26    of  Illinois. The public member shall be an Illinois resident
27    and a citizen of the United States.
28        In making appointments to the Board, the  Director  shall
29    give  due  consideration to recommendations by members of the
30    profession and by organizations therein.
31        The Director may remove  any  member  of  the  Board  for
32    misconduct,  incompetence,  neglect  of  duty  or for reasons
33    prescribed by law for removal of State officials.
34        The Director may remove a member of the  Board  who  does
                            -45-              LRB9010680NTsbA
 1    not  attend 2 consecutive meetings.  An appointment to fill a
 2    vacancy thus created shall be to fill the unexpired  term  of
 3    office and shall be in accordance with this Section.
 4        A  quorum  of  the Board shall consist of not less than 6
 5    members. a majority of Board  members  appointed.    Majority
 6    vote of the quorum is required for Board decisions.
 7        Each  member of the Board shall receive compensation when
 8    attending Board meetings or meetings approved by the Director
 9    and shall be reimbursed for all actual traveling expenses.
10        Members of the Board shall be immune  from  suit  in  any
11    action  based  upon  any  disciplinary  proceedings  or other
12    activities performed in good faith as members of the Board.
13        Persons  holding  office  as   members   of   the   Board
14    immediately prior to the effective date of this Act under the
15    Act  repealed  herein  shall continue as members of the Board
16    until  the  expiration  of  the  term  for  which  they  were
17    appointed  and  until  their  successors  are  appointed  and
18    qualified.
19    (Source: P.A. 86-667.)
20        (225 ILCS 325/7) (from Ch. 111, par. 5207)
21        Sec. 7.  Powers and duties of the Board.  Subject to  the
22    provisions   of  this  Act,  the  Board  shall  exercise  the
23    following functions, powers and duties:
24             (a)  Review education and experience  qualifications
25        of  applicants,  including  conducting oral interviews as
26        deemed necessary by the Board, to  determine  eligibility
27        as an engineer intern or professional engineer and submit
28        to  the  Director  written  recommendations  on applicant
29        qualifications for enrollment and licensure;
30             (b)  The Board may appoint a subcommittee  to  serve
31        as  a Complaint Committee to recommend the disposition of
32        case files according to procedures established by rule;
33             (c)  Conduct hearings regarding disciplinary actions
                            -46-              LRB9010680NTsbA
 1        and submit a written report and  recommendations  to  the
 2        Director  as  required by this Act and to provide a Board
 3        member at informal conferences;
 4             (d)  Make visits  to  universities  or  colleges  to
 5        evaluate  engineering  curricula or to otherwise evaluate
 6        engineering  curricula  and  submit  to  the  Director  a
 7        written recommendation of acceptability of a curriculum;
 8             (e)  Submit a written recommendation to the Director
 9        concerning promulgation of rules as required in Section 5
10        and to recommend to the Director any rules or  amendments
11        thereto for the administration of this Act;
12             (f)  Hold at least 3 regular meetings each year; and
13             (g)  Elect    annually    a    chairperson   and   a
14        vice-chairperson who  shall  be  professional  engineers;
15        and.
16             (h)  Submit  written comments to the Director within
17        30 days from notification of any final decision or  order
18        from  the  Director  that  deviates  from  any  report or
19        recommendation of the Board relating to the qualification
20        of applicants, discipline of licensees or registrants, or
21        promulgation of rules.
22        Prior to issuance of any final decision  or  order  which
23    deviates  from  any  report  or  recommendation  of the Board
24    relating to the qualification of  applicants,  discipline  of
25    licensees  or  registrants,  or  promulgation  of  rules, the
26    Director shall notify the Board and the Secretary of State in
27    writing with an explanation of any such deviation and provide
28    a reasonable time for the Board to submit written comments to
29    the Director regarding the proposed  action.   In  the  event
30    that  the  Board  fails  or  declines  to submit such written
31    comments within 30 days of said  notification,  the  Director
32    may  issue  a  final  decision  or  order consistent with the
33    Director's original decision. The Department may at any  time
34    seek  the  expert  advice  and  knowledge of the Board on any
                            -47-              LRB9010680NTsbA
 1    matter relating to the enforcement of this Act.
 2    (Source: P.A. 88-428.)
 3        (225 ILCS 325/8) (from Ch. 111, par. 5208)
 4        Sec. 8.  Applications for  licensure.   (a)  Applications
 5    for  licensure shall (1) be on forms prescribed and furnished
 6    by the Department, (2) contain  statements  made  under  oath
 7    showing  the  applicant's education and a detailed summary of
 8    the applicant's technical work, and (3) contain references as
 9    required by the Department.
10        (b)  Applicants shall have  obtained  the  education  and
11    experience  as  required in Section 10 or Section 11 prior to
12    submittal of application for examination, except as  provided
13    in  subsection (b)  of Section 11. Allowable experience shall
14    commence at the date of the baccalaureate degree, except:
15        (1)  Credit for one year of experience shall be given for
16    a  graduate  of  a  baccalaureate  curriculum   providing   a
17    cooperative  program, which is supervised industrial or field
18    experience of at  least  one  academic  calendar  year  which
19    alternates  with periods of full-time academic training, when
20    such program is certified by the university, or
21        (2)  Credit shall be given for  professional  engineering
22    experience as defined by rule for employment prior to receipt
23    of  a  baccalaureate  degree  if  the employment is full-time
24    while the applicant takes 8 or more years (16 semesters or 24
25    quarters minimum)  as a part-time student to earn the  degree
26    concurrent with the employment.
27        The  Board  may  conduct oral interviews of any applicant
28    under Sections 10, 11 or 19 to assist in  the  evaluation  of
29    the qualifications of the applicant.
30        It  is  the responsibility of the applicant to supplement
31    the application, when requested by the Board, by provision of
32    additional documentation of education, including transcripts,
33    course content and credentials of the engineering college  or
                            -48-              LRB9010680NTsbA
 1    college   granting   related  science  degrees,  or  of  work
 2    experience   to   permit   the   Board   to   determine   the
 3    qualifications of the applicant.  The Department may  require
 4    an   applicant,  at  the  applicant's  expense,  to  have  an
 5    evaluation of the applicant's education in a foreign  country
 6    by  a  nationally recognized educational body approved by the
 7    Board in accordance with rules prescribed by the Department.
 8        An applicant who graduated from  an  engineering  program
 9    outside  the United States or its territories and whose first
10    language is not English shall submit certification of passage
11    of the Test of English as a Foreign Language (TOEFL) and  the
12    Test of Spoken English (TSE) as defined by rule before taking
13    the licensure examination.
14    (Source: P.A. 89-61, eff. 6-30-95.)
15        (225 ILCS 325/10) (from Ch. 111, par. 5210)
16        Sec. 10.  Minimum standards for examination for licensure
17    as  professional  engineer.   To  qualify  for licensure as a
18    professional engineer each applicant shall be:
19        (a)  A graduate of an approved engineering curriculum  of
20    at least 4 years who submits acceptable evidence to the Board
21    of an additional 4 years or more of experience in engineering
22    work  of  a  grade  and  character  which  indicate  that the
23    individual  may  be  competent   to   practice   professional
24    engineering,  and  who  then  passes a nominal 8-hour written
25    examination in the fundamentals of engineering, and a nominal
26    8-hour written examination in the principles and practice  of
27    engineering.   Upon passing both examinations, the applicant,
28    if  otherwise  qualified,  shall  be  granted  a  license  to
29    practice professional engineering in this State; or
30        (b)  A graduate of a non-approved engineering  curriculum
31    or  a  related  science  curriculum  of  at least 4 years and
32    meeting the requirements as set forth by  rule,  who  submits
33    acceptable  evidence to the Board of an additional 8 years or
                            -49-              LRB9010680NTsbA
 1    more of  experience  in  engineering  work  of  a  grade  and
 2    character which indicate that the individual may be competent
 3    to  practice  professional engineering, and who then passes a
 4    nominal 8-hour written examination  in  the  fundamentals  of
 5    engineering  and  a nominal 8-hour written examination in the
 6    principles and practice of engineering.   Upon  passing  both
 7    examinations, the applicant, if otherwise qualified, shall be
 8    granted  a  license  to  practice professional engineering in
 9    this State; or
10        (c)  An engineer  intern  who  meets  the  education  and
11    experience  qualifications of subsection (a)  or (b)  of this
12    Section and has passed the nominal 8-hour written examination
13    in  the  fundamentals  of  engineering,  by  application  and
14    payment of the required fee, may then take the nominal 8-hour
15    written  examination  in  the  principles  and  practice   of
16    engineering.   Upon  passing that examination, the applicant,
17    if  otherwise  qualified,  shall  be  granted  a  license  to
18    practice professional engineering in this State.
19        (d)  When considering an applicant's  qualifications  for
20    licensure  under  this  Act,  the  Department  may  take into
21    consideration whether an applicant has engaged in conduct  or
22    actions that would constitute a violation of the Standards of
23    Professional   Conduct  for  this  Act  as  provided  for  by
24    administrative rules.
25    (Source: P.A. 89-61, eff. 6-30-95.)
26        (225 ILCS 325/12) (from Ch. 111, par. 5212)
27        Sec. 12.  Educational credits or teaching  as  equivalent
28    of  experience. (a) After earning an acceptable baccalaureate
29    degree as required by subsection (a)  or (b)  of  Section  10
30    in  engineering  or  related science and upon completion of a
31    Master's degree in engineering, the applicant may receive one
32    year of experience credit.  Upon completion  of  a  Ph.D.  in
33    engineering,  an  applicant  may  receive  an additional year
                            -50-              LRB9010680NTsbA
 1    experience credit for a maximum of 2 years.
 2        (b)  Teaching  engineering  subjects  in  an  engineering
 3    college is considered experience in engineering.
 4        (c)  (Blank). For an individual applying for licensure as
 5    a professional  engineer  under  subsection  (a)  or  (b)  of
 6    Section   10,   the   examination  for  the  fundamentals  of
 7    engineering shall be waived, if application  is  made  before
 8    January 1, 1994, for those individuals who have:
 9        (1)  a   doctoral   degree   from  an  approved  graduate
10    engineering program, and
11        (2)  demonstrated, in accordance with  standards  set  by
12    rule,  a  broad knowledge of the fundamentals of engineering,
13    by course work gained either in a baccalaureate, masters,  or
14    doctoral program.
15    (Source: P.A. 86-667.)
16        (225 ILCS 325/14) (from Ch. 111, par. 5214)
17        Sec. 14.  Seal.  Every professional engineer shall have a
18    seal  or stamp, the impression of which shall be reproducible
19    and contain  the  name  of  the  professional  engineer,  the
20    professional   engineer's   license  number,  and  the  words
21    "Licensed Registered Professional Engineer of Illinois".  Any
22    seal or stamp heretofore authorized under the  laws  of  this
23    state  for  use  by  a professional engineer, including those
24    with  the  words   "Registered   Professional   Engineer   of
25    Illinois",  shall serve the same purpose as the seal provided
26    for by this Act.   When technical  submissions  are  prepared
27    utilizing  a computer or other electronic means, the seal may
28    be  generated  by  the  computer.   Signatures  generated  by
29    computer shall not be permitted.
30        The professional engineer who has contract responsibility
31    shall seal a cover sheet of the  technical  submissions,  and
32    those  individual  portions  of the technical submissions for
33    which the professional engineer is legally and professionally
                            -51-              LRB9010680NTsbA
 1    responsible.  The professional  engineer  practicing  as  the
 2    support  design  professional  shall  seal  those  individual
 3    portions  of technical submissions for which the professional
 4    engineer is legally and professionally responsible.
 5        The use of a professional engineer's  seal  on  technical
 6    submissions  constitutes a representation by the professional
 7    engineer that the work has been  prepared  by  or  under  the
 8    personal   supervision   of   the  professional  engineer  or
 9    developed in conjunction with the use of accepted engineering
10    standards.  The use of the seal further represents  that  the
11    work  has  been  prepared and administered in accordance with
12    the standards of reasonable professional skill and diligence.
13        It  is  unlawful  to  affix  one's  seal   to   technical
14    submissions  if  it masks the true identity of the person who
15    actually exercised direction, control and supervision of  the
16    preparation  of such work.  A professional engineer who seals
17    and signs technical submissions is not responsible for damage
18    caused by subsequent changes to or uses  of  those  technical
19    submissions,  where the subsequent changes or uses, including
20    changes or uses made by State or local governmental agencies,
21    are not authorized or approved by the  professional  engineer
22    who originally sealed and signed the technical submissions.
23    (Source: P.A. 88-372.)
24        (225 ILCS 325/15) (from Ch. 111, par. 5215)
25        Sec.   15.    Technical   submissions.    All   technical
26    submissions  prepared by or under the personal supervision of
27    a  professional  engineer  shall   bear   that   professional
28    engineer's seal, signature, and license expiration date.  The
29    licensee's  written signature and date of signing, along with
30    the date of license expiration, shall be placed  adjacent  to
31    the seal.   Computer generated signatures are not permitted.
32        All   technical   submissions   intended   for   use   in
33    construction  in  the State of Illinois shall be prepared and
                            -52-              LRB9010680NTsbA
 1    administered  in  accordance  with  standards  of  reasonable
 2    professional skill and diligence.  Care  shall  be  taken  to
 3    reflect   the  requirements  of  State  statutes  and,  where
 4    applicable,  county  and   municipal   ordinances   in   such
 5    documents.  In  recognition  that  professional engineers are
 6    licensed for the protection of the public health, safety  and
 7    welfare, documents shall be of such quality and scope, and be
 8    so administered as to conform to professional standards.
 9    (Source: P.A. 89-61, eff. 6-30-95.)
10        (225 ILCS 325/17.5 new)
11        Sec.  17.5.  Continuing  education.   The  Department may
12    promulgate rules of continuing education for persons licensed
13    under  this  Act.   The   Department   shall   consider   the
14    recommendations  of  the Board in establishing the guidelines
15    for the continuing education requirements.  The  requirements
16    of  this  Section  apply  to  any  person  seeking renewal or
17    restoration under Section 17 or 18 of this Act.
18        (225 ILCS 325/20) (from Ch. 111, par. 5220)
19        Sec. 20.  Fees.
20        (a)  The Department shall provide by rule for a  schedule
21    of fees be paid for licenses by all applicants.  All fees are
22    not refundable.
23        (b)  The  fees  for the administration and enforcement of
24    this Act, including but not limited  to  original  licensure,
25    renewal,  and  restoration,  shall  be  set  by  rule  by the
26    Department. The following fees are not refundable:
27        (a)  Certificate of engineer intern.
28             (1)  The fee for application for  a  certificate  of
29        enrollment is $20.
30             (2)  In  addition,  applicants  for  any examination
31        shall be required to pay, either to the Department or  to
32        the  designated  testing service, a fee covering the cost
                            -53-              LRB9010680NTsbA
 1        of providing the examination.  Failure to appear for  the
 2        examination  on the scheduled date, at the time and place
 3        specified, after the  applicant's  application  for  each
 4        examination  has  been  received  and acknowledged by the
 5        Department  or  the  designated  testing  service,  shall
 6        result in the forfeiture of the examination fee.
 7        (b)  Certificate of professional engineer.
 8             (1)  The  fee  for  application  for  a  license  by
 9        examination is $100.
10             (2)  In addition,  applicants  for  any  examination
11        shall  be required to pay, either to the Department or to
12        the designated testing service, a fee covering  the  cost
13        of  providing the examination.  Failure to appear for the
14        examination on the scheduled date, at the time and  place
15        specified,  after  the  applicant's  application for each
16        examination has been received  and  acknowledged  by  the
17        Department  or  the  designated  testing  service,  shall
18        result in the forfeiture of the examination fee.
19             (3)  The  fee  for  application  for  a  license  by
20        endorsement  for  a  professional  engineer registered or
21        licensed under the laws of another state or territory  of
22        the  United States or of a foreign country or province is
23        $100.
24             (4)  The biennial fee for the renewal of  a  license
25        shall be $60.
26             (5)  The  fee for application for the restoration of
27        a license other than from inactive  status  is  $10  plus
28        payment of all lapsed renewal fees.
29        (c)  Professional design firm registration fees.
30             (1)  The  fee  for  application for a certificate of
31        registration as a professional design firm is $75.
32             (2)  The biennial fee for renewal of  a  certificate
33        of  registration  as  a professional design firm shall be
34        $75.
                            -54-              LRB9010680NTsbA
 1        (d)  General fees.
 2             (1)  The  fee  for  the  issuance  of  a   duplicate
 3        license,  for the issuance of a replacement license for a
 4        license which has been  lost  or  destroyed  or  for  the
 5        issuance  of  a  license with a change of name or address
 6        other than during the renewal period is $20.  No  fee  is
 7        required  for  name  and  address  changes  on Department
 8        records when no duplicate license is issued.
 9             (2)  The fee for a certification of  a  registrant's
10        record for any purpose is $20.
11             (3)  The fee for retabulating the numerical score of
12        an   examination   is  the  cost  to  the  Department  of
13        retabulating the examination, plus any  fees  charged  by
14        the  applicable  testing  service to have the examination
15        retabulated.
16             (4)  The  fee  for  a   wall   certificate   showing
17        licensure   is  the  actual  cost  of  producing  such  a
18        certificate.
19             (5)  The fee for a roster  of  persons  licensed  as
20        professional  engineers  and of professional design firms
21        in this State is the actual  cost  of  producing  such  a
22        roster.
23        (e)  Any  person who delivers a check or other payment to
24    the Department that is returned to the Department  unpaid  by
25    the financial institution upon which it is drawn shall pay to
26    the Department, in addition to the amount already owed to the
27    Department, a fine of $50.  If the check or other payment was
28    for  a  renewal  or  issuance  fee  and that person practices
29    without paying the renewal fee or issuance fee and  the  fine
30    due,  an additional fine of $100 shall be imposed.  The fines
31    imposed  by  this  Section  are  in  addition  to  any  other
32    discipline provided under this Act for unlicensed practice or
33    practice on  a  nonrenewed  license.   The  Department  shall
34    notify  the  person  that  payment of fees and fines shall be
                            -55-              LRB9010680NTsbA
 1    paid to the Department by  certified  check  or  money  order
 2    within  30  calendar days of the notification.  If, after the
 3    expiration of 30 days from the date of the notification,  the
 4    person  has  failed  to  submit the necessary remittance, the
 5    Department  shall  automatically  terminate  the  license  or
 6    certificate or deny the application,  without  hearing.   If,
 7    after  termination  or  denial, the person seeks a license or
 8    certificate, he or she shall  apply  to  the  Department  for
 9    restoration or issuance of the license or certificate and pay
10    all fees and fines due to the Department.  The Department may
11    establish  a  fee  for  the  processing of an application for
12    restoration of a license or certificate to pay  all  expenses
13    of  processing  this application.  The Director may waive the
14    fines due under this Section in individual  cases  where  the
15    Director  finds  that  the  fines  would  be  unreasonable or
16    unnecessarily burdensome.
17        (c)(f)  Disposition of fees and fines collected.  All the
18    fees and fines collected pursuant to this  Section  shall  be
19    deposited  in  the  Design  Professionals  Administration and
20    Investigation Fund.   Of the moneys deposited into the Design
21    Professionals  Administration  and  Investigation  Fund,  the
22    Department may use such funds as necessary and  available  to
23    produce  and distribute newsletters to persons licensed under
24    this Act.
25    (Source: P.A. 88-91; 88-428;  88-670,  eff.  12-2-94;  89-61,
26    eff. 6-30-95; 89-235, eff. 8-4-95.)
27        (225 ILCS 325/23) (from Ch. 111, par. 5223)
28        Sec. 23.  Professional design firm registration.
29        (a)  Nothing  in  this  Act shall prohibit the formation,
30    under the provisions of the Professional Service  Corporation
31    Act,  as  amended,  of a corporation to practice professional
32    engineering.
33        Any   business,   including   a   Professional    Service
                            -56-              LRB9010680NTsbA
 1    Corporation,  that  not  formed  under  the provisions of the
 2    Professional Service Corporation Act and  not  registered  as
 3    such  with  the  Department,  and  which  includes within its
 4    stated  purposes  or  practices,  or  holds  itself  out   as
 5    available  to  practice,  professional  engineering, shall be
 6    registered with the Department pursuant to the provisions set
 7    forth in this Section.
 8        Any sole proprietorship not  owned  and  operated  by  an
 9    Illinois licensed design professional licensed under this Act
10    shall  be  prohibited  from offering professional engineering
11    services to the public. Any  sole  proprietorship  owned  and
12    operated  by  a  professional engineer with an active license
13    issued under this Act  and  conducting  or  transacting  such
14    business  under  an  assumed  name  in  accordance  with  the
15    provisions of the Assumed Business Name Act shall comply with
16    the  registration requirements of a professional design firm.
17    Any sole proprietorship owned and operated by a  professional
18    engineer  with  an  active  license issued under this Act and
19    conducting or transacting such business under the  real  name
20    of  the  sole  proprietor  is  exempt  from  the registration
21    requirements  of  a  professional  design  firm.    "Illinois
22    licensed  design  professional"  means  a person who holds an
23    active license as a professional engineer under this Act,  as
24    an  architect under the Illinois Architecture Practice Act of
25    1989, or  as  a  structural  engineer  under  the  Structural
26    Engineering Practice Licensing Act of 1989.
27        (b)  Any   professional   design   firm   seeking  to  be
28    registered pursuant to the provisions of this  Section  shall
29    not  be  registered  unless  one  or  more managing agents in
30    charge of professional engineering activities in  this  State
31    are   designated  by  the  professional  design  firm.   Each
32    managing agent must at all times  maintain  a  valid,  active
33    license to practice professional engineering in Illinois.
34        No  individual  whose  license  to  practice professional
                            -57-              LRB9010680NTsbA
 1    engineering in this State is  currently  in  a  suspended  or
 2    revoked   status   shall  act  as  a  managing  agent  for  a
 3    professional design firm.
 4        (c)  Any business seeking to  be  registered  under  this
 5    Section  shall  make  application  on  a form provided by the
 6    Department and shall provide such information as requested by
 7    the Department, which shall include, but not be limited to:
 8             (1)  the name  and  license  number  of  the  person
 9        designated as the managing agent in responsible charge of
10        the practice of professional engineering in Illinois.  In
11        the  case  of  a  corporation, the corporation shall also
12        submit a certified copy of the resolution by the board of
13        directors designating the managing agent.  In the case of
14        a limited liability company, the company shall  submit  a
15        certified  copy of either its articles of organization or
16        operating agreement designating the managing agent;
17             (2)  the names and license numbers of the directors,
18        in the case of a corporation, the members, in the case of
19        a limited liability company, or general partners, in  the
20        case of a partnership;
21             (3)  a  list  of  all  office locations at which the
22        professional   design    firm    provides    professional
23        engineering services to the public; and
24             (4)  a  list  of  all assumed names of the business.
25        Nothing in this Section shall be construed  to  exempt  a
26        professional   design   firm,   sole  proprietorship,  or
27        professional service corporation from compliance with the
28        requirements of the Assumed Business Name Act.
29        It is the responsibility of the professional design  firm
30    to  provide the Department notice, in writing, of any changes
31    in the information requested on the application.
32        (d)  The  Department  shall  issue  to  each  business  a
33    certificate  of   registration   to   practice   professional
34    engineering  or  offer  the services of its licensees in this
                            -58-              LRB9010680NTsbA
 1    State upon submittal of a proper application for registration
 2    and payment of fees.  The expiration date and renewal  period
 3    for   each  registration  and  renewal  procedures  shall  be
 4    established by rule.
 5        (e)  In the event  a  managing  agent  is  terminated  or
 6    terminates  his  status as managing agent of the professional
 7    design firm, the managing agent and professional design  firm
 8    shall  notify  the  Department  of  this  fact in writing, by
 9    certified mail, within 10 business days of such  termination.
10    Thereafter,  the  professional  design  firm,  if  it  has so
11    informed the Department, shall  have  30  days  in  which  to
12    notify  the  Department  of  the name and license number of a
13    newly  designated  managing  agent.  If  a  corporation,  the
14    corporation  shall  also  submit  a  certified  copy   of   a
15    resolution  by  the  board  of  directors designating the new
16    managing agent. If a limited liability company,  the  company
17    shall  also submit a certified copy of either its articles of
18    organization  or  operating  agreement  designating  the  new
19    managing agent. The Department may, upon  good  cause  shown,
20    extend the original 30 day period.
21        If  the  professional  design  firm  has not notified the
22    Department in writing, by certified mail within the specified
23    time, the registration  shall  be  terminated  without  prior
24    hearing.   Notification  of  termination  shall  be  sent  by
25    certified mail to the last known address of the business.  If
26    the  professional  design firm continues to operate and offer
27    professional engineering services after the termination,  the
28    Department may seek prosecution under Sections 24, 39, and 40
29    of  this  Act  for  the  unlicensed  practice of professional
30    engineering.
31        (f)  No professional design firm  shall  be  relieved  of
32    responsibility   for  the  conduct  or  acts  of  its  agent,
33    employees, members, managers, or officers by  reason  of  its
34    compliance  with  this  Section,  nor  shall  any  individual
                            -59-              LRB9010680NTsbA
 1    practicing   professional  engineering  be  relieved  of  the
 2    responsibility for professional services performed by  reason
 3    of   the  individual's  employment  or  relationship  with  a
 4    professional design firm registered under this Section.
 5        (g)  Disciplinary action against  a  professional  design
 6    firm  registered  under this Section shall be administered in
 7    the same manner and  on  the  same  grounds  as  disciplinary
 8    action   against   a   licensed  professional  engineer.  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    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
14        (225 ILCS 325/24) (from Ch. 111, par. 5224)
15        Sec. 24.  Rules  of  professional  conduct;  Disciplinary
16    action.
17        (a)  The  Department  shall adopt rules setting standards
18    of professional conduct and establish appropriate penalty for
19    the breach of such rules. The Department may,  singularly  or
20    in  combination, refuse to issue, restore, or renew a license
21    or registration, revoke or suspend a license or registration,
22    or place on probation, reprimand, or impose a  civil  penalty
23    not   to   exceed   $10,000  upon  any  person,  corporation,
24    partnership,  or  professional  design   firm   licensed   or
25    registered  under  this Act for any one or combination of the
26    following:
27             (1)  Material misstatement in furnishing information
28        to the Department.
29             (2)  Failure to comply with any provisions  of  this
30        Act or any of its rules.
31             (3)  Conviction  of  any crime under the laws of the
32        United States, or any state or territory  thereof,  which
33        is  a  felony,  whether  related  to  practice or not, or
                            -60-              LRB9010680NTsbA
 1        conviction of any crime, whether a  felony,  misdemeanor,
 2        or otherwise, an essential element of which is dishonesty
 3        or   which   is  directly  related  to  the  practice  of
 4        engineering.
 5             (4)  Making any misrepresentation for the purpose of
 6        obtaining licensure, or in applying  for  restoration  or
 7        renewal; or practice of any fraud or deceit in taking any
 8        examination to qualify for licensure under this Act.
 9             (5)  Purposefully making false statements or signing
10        false  statements,  certificates, or affidavits to induce
11        payment.
12             (6)  Negligence, incompetence or misconduct  in  the
13        practice   of  professional  engineering  as  a  licensed
14        professional  engineer  or  in  working  as  an  engineer
15        intern.
16             (7)  Aiding or assisting another person in violating
17        any provision of this Act or its rules.
18             (8)  Failing to provide information in response to a
19        written request made by the  Department  within  30  days
20        after receipt of such written request.
21             (9)  Engaging    in   dishonorable,   unethical   or
22        unprofessional conduct of a character likely to  deceive,
23        defraud or harm the public.
24             (10)  Habitual  intoxication or addiction to the use
25        of drugs.
26             (11)  Discipline by the  United  States  Government,
27        another  state,  District of Columbia, territory, foreign
28        nation or government agency,  if  at  least  one  of  the
29        grounds  for  the discipline is the same or substantially
30        equivalent to those set forth in this Act.
31             (12)  Directly or indirectly giving to or  receiving
32        from   any  person,  firm,  corporation,  partnership  or
33        association any fee, commission, rebate or other form  of
34        compensation  for  any professional services not actually
                            -61-              LRB9010680NTsbA
 1        or personally rendered.
 2             (13)  A finding by the Board that an applicant or  a
 3        registrant  has  failed  to  pay  a  fine  imposed by the
 4        Department, a registrant whose license has been placed on
 5        probationary status has violated the terms of  probation,
 6        or  a  registrant  has practiced on an expired, inactive,
 7        suspended, or revoked license.
 8             (14)  Signing, affixing the professional  engineer's
 9        seal or permitting the professional engineer's seal to be
10        affixed  to  any  technical  submissions  not prepared as
11        required by Section 14  or  completely  reviewed  by  the
12        professional   engineer   or   under   the   professional
13        engineer's direct supervision.
14             (15)  Physical illness, including but not limited to
15        deterioration  through the aging process or loss of motor
16        skill, which results in the  inability  to  practice  the
17        profession with reasonable judgment, skill or safety.
18             (16)  The  making  of  a  statement  pursuant to the
19        Environmental Barriers Act that a plan  for  construction
20        or alteration of a public facility or for construction of
21        a  multi-story  housing  unit  is  in compliance with the
22        Environmental Barriers Act  when  such  plan  is  not  in
23        compliance.
24             (17)  Failing  to  file a return, or to pay the tax,
25        penalty or interest shown in a filed return,  or  to  pay
26        any  final  assessment  of  tax,  penalty  or interest as
27        required by  a  tax  Act  administered  by  the  Illinois
28        Department   of   Revenue,   until   such   time  as  the
29        requirements of any such tax Act are satisfied.
30        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
31    showing of a possible violation may compel a person  licensed
32    to  practice under this Act, or who has applied for licensure
33    or certification pursuant to this Act, to submit to a  mental
34    or  physical  examination, or both, as required by and at the
                            -62-              LRB9010680NTsbA
 1    expense of the Department.  The examining physicians shall be
 2    those specifically designated by the Board.  The Board or the
 3    Department may  order  the  examining  physician  to  present
 4    testimony  concerning  this mental or physical examination of
 5    the licensee  or applicant.  No information shall be excluded
 6    by reason of any common law or statutory  privilege  relating
 7    to  communications  between the licensee or applicant and the
 8    examining physician.  The person to be examined may have,  at
 9    his  or  her  own  expense,  another  physician of his or her
10    choice  present  during  all  aspects  of  the   examination.
11    Failure  of  any  person  to  submit  to a mental or physical
12    examination, when directed, shall be grounds  for  suspension
13    of  a  license until the person submits to the examination if
14    the Board finds, after notice and hearing, that  the  refusal
15    to submit to the examination was without reasonable cause.
16        If the Board finds a person unable to practice because of
17    the  reasons set forth in this Section, the Board may require
18    that person to submit to care, counseling,  or  treatment  by
19    physicians   approved   or  designated  by  the  Board  as  a
20    condition, term, or restriction for continued, reinstated, or
21    renewed  licensure  to  practice;  or,  in  lieu   of   care,
22    counseling,  or  treatment,  the  Board  may recommend to the
23    Department  to  file  a  complaint  to  immediately  suspend,
24    revoke, or otherwise discipline the license  of  the  person.
25    Any  person whose license was granted, continued, reinstated,
26    renewed, disciplined, or supervised subject  to  such  terms,
27    conditions, or restrictions and who fails to comply with such
28    terms,  conditions,  or restrictions shall be referred to the
29    Director for a determination as to whether the  person  shall
30    have  his  or  her  license  suspended immediately, pending a
31    hearing by the Board.
32        (b)  The  determination  by  a  circuit  court   that   a
33    registrant  is  subject  to involuntary admission or judicial
34    admission as provided in the Mental Health and  Developmental
                            -63-              LRB9010680NTsbA
 1    Disabilities  Code,  as now or hereafter amended, operates as
 2    an automatic suspension.  Such suspension will end only  upon
 3    a finding by a court that the patient is no longer subject to
 4    involuntary  admission or judicial admission, the issuance of
 5    an order so finding and  discharging  the  patient,  and  the
 6    recommendation   of  the  Board  to  the  Director  that  the
 7    registrant be allowed to resume practice.
 8    (Source: P.A. 88-372; 88-428; 88-670,  eff.  12-2-94;  89-61,
 9    eff. 6-30-95.)
10        (225 ILCS 325/44) (from Ch. 111, par. 5244)
11        Sec.  44.   Fund;  appropriations;  investments;  audits.
12    Moneys  deposited  in the Design Professionals Administration
13    and  Investigation  Fund  shall  be   appropriated   to   the
14    Department exclusively for expenses of the Department and the
15    Board  in  the  administration  of  this  Act,  the  Illinois
16    Professional   Land   Surveyor  Act  of  1989,  the  Illinois
17    Architecture Practice Act,  and  the  Structural  Engineering
18    Practice  Licensing  Act  of  1989.    The  expenses  of  the
19    Department  under  this  Act shall be limited to the ordinary
20    and contingent expenses of the Design Professionals Dedicated
21    Employees within the Department as established under  Section
22    62.1  of  the Civil Administrative Code of Illinois and other
23    expenses related to the  administration  and  enforcement  of
24    this Act.
25        Moneys  from  the  Fund  may  also be used for direct and
26    allocable indirect costs related to the  public  purposes  of
27    the  Department  of  Professional  Regulation.  Moneys in the
28    Fund may be transferred to the Professions Indirect Cost Fund
29    as authorized by Section 61e of the Civil Administrative Code
30    of Illinois.
31        Moneys in the  Design  Professionals  Administration  and
32    Investigation  Fund  may  be invested and reinvested with all
33    earnings received from the investments to be deposited in the
                            -64-              LRB9010680NTsbA
 1    Design Professionals Administration  and  Investigation  Fund
 2    and used for the same purposes as fees deposited in the Fund.
 3        All fines and penalties under Section 24, and Section 39,
 4    Section  42,  and Section 43 shall be deposited in the Design
 5    Professionals Administration and Investigation Fund.
 6        Upon the completion of any audit  of  the  Department  as
 7    prescribed  by  the  Illinois  State  Auditing Act that audit
 8    includes an audit of the Design Professionals  Administration
 9    and  Investigation  Fund, the Department shall make the audit
10    report open to inspection by any interested person.  The copy
11    of  the  audit  report  required  to  be  submitted  to   the
12    Department  by this Section is in addition to copies of audit
13    reports required to be submitted to other State officers  and
14    agencies by Section 3-14 of the Illinois State Auditing Act.
15    (Source: P.A. 89-204, eff. 1-1-96.)
16        (225 ILCS 325/47) (from Ch. 111, par. 5247)
17        Sec.   47.    Practice   of   structural  engineering  or
18    architecture.  No professional engineer shall practice either
19    structural  engineering  as   defined   in   the   Structural
20    Engineering Practice Licensing Act of 1989 or architecture as
21    defined  in  the  Illinois  Architecture Practice Act of 1989
22    unless he is licensed pursuant to the  provisions  of  either
23    the  Structural  Engineering  Licensing  Act  of  1989 or the
24    Illinois Architecture Practice Act, respectively.
25    (Source: P.A. 86-667; 86-1475.)
26        Section 50.  The Illinois Professional Land Surveyor  Act
27    of  1989  is amended by changing Sections 4, 6, 7, 8, 10, 12,
28    13, 14, 15, 21, 25, 27, and 48 and  adding  Section  18.5  as
29    follows:
30        (225 ILCS 330/4) (from Ch. 111, par. 3254)
31        Sec. 4.  Definitions.  As used in this Act:
                            -65-              LRB9010680NTsbA
 1        (a)  "Department"  means  the  Department of Professional
 2    Regulation.
 3        (b)  "Director"  means  the  Director   of   Professional
 4    Regulation.
 5        (c)  "Board" means the Land Surveyors Licensing Examining
 6    Board.
 7        (d)  "Direct  supervision and control" means the personal
 8    review by a  Licensed  Professional  Land  Surveyor  of  each
 9    survey, including, but not limited to, procurement, research,
10    field  work,  calculations, preparation of legal descriptions
11    and plats.  The personal review shall be of such a nature  as
12    to  assure  the client that the Professional Land Surveyor or
13    the firm for which the Professional Land Surveyor is employed
14    is the provider of the surveying services.
15        (e)  "Responsible charge" means an individual responsible
16    for the various components  of  the  land  survey  operations
17    subject  to  the  overall  supervision  and  control  of  the
18    Professional Land Surveyor.
19        (f)  "Design   professional"   means   a  land  surveyor,
20    architect,  structural  engineer,  or  professional  engineer
21    practicing  in  conformance  with  this  Act,  the   Illinois
22    Architecture Practice Act of 1989, the Structural Engineering
23    Practice   Licensing   Act   of  1989,  or  the  Professional
24    Engineering Practice Act of 1989.
25        (g)  "Professional  Land  Surveyor"  means   any   person
26    licensed  under the laws of the State of Illinois to practice
27    land surveying, as defined by this Act or its rules.
28        (h)  "Land   Surveyor-in-Training"   means   any   person
29    licensed under the laws of the  State  of  Illinois  who  has
30    qualified  for,  taken,  and  passed  an  examination  in the
31    fundamental land surveyor-in-training subjects as provided by
32    this Act or its rules.
33        (i)  "Land surveying experience" means  those  activities
34    enumerated in Section 5 of this Act, which, when exercised in
                            -66-              LRB9010680NTsbA
 1    combination, to the satisfaction of the Board, is proof of an
 2    applicant's  broad  range  of training in and exposure to the
 3    prevailing practice of land surveying.
 4    (Source: P.A. 86-987; 86-1475.)
 5        (225 ILCS 330/6) (from Ch. 111, par. 3256)
 6        Sec. 6.  Powers and duties of the  Department.   (a)  The
 7    Department shall exercise the powers and duties prescribed by
 8    The   Illinois   Administrative   Procedure   Act   for   the
 9    administration  of licensing Acts.  The Department shall also
10    exercise,  subject  to  the  provisions  of  this  Act,   the
11    following powers and duties:
12        (1)  Conduct  or  authorize examinations to ascertain the
13    fitness and qualifications of applicants  for  licensure  and
14    issue  licenses  to  those  who  are  found  to  be  fit  and
15    qualified.
16        (2)  Prescribe rules for a method of examination.
17        (3)  Conduct  hearings on proceedings to revoke, suspend,
18    or refuse to issue, renew, or restore  a  license,  or  other
19    disciplinary actions.
20        (4)  Promulgate  rules  and  regulations required for the
21    administration of this Act.
22        (5)  License  corporations  and  partnerships   for   the
23    practice  of  professional  surveying  and issue a license to
24    those who qualify.
25        (6)  Prescribe, adopt, and amend rules as to  what  shall
26    constitute   a   surveying  or  related  science  curriculum,
27    determine if a specific surveying curriculum is in compliance
28    with the rules, and terminate  the  approval  of  a  specific
29    surveying curriculum for non-compliance with such rules.
30        (7)  Maintain  membership  in  the  National  Council  of
31    Engineering  Examiners  and  participate in activities of the
32    Council  by   designating   individuals   for   the   various
33    classifications  of  membership  and  appoint  delegates  for
                            -67-              LRB9010680NTsbA
 1    attendance at zone and national meetings of the Council.
 2        (8)  Obtain   written   recommendations  from  the  Board
 3    regarding  qualification  of   individuals   for   licensing,
 4    definition  of  curriculum  content and approval of surveying
 5    curriculums,   standards   of   professional   conduct    and
 6    disciplinary   actions,   promulgate   and  amend  the  rules
 7    affecting these matters, and consult with the Board on  other
 8    matters affecting administration of the Act.
 9        (a-5)  The  Department may promulgate rules for a Code of
10    Ethics and Standards of Practice to be  followed  by  persons
11    licensed  under  this Act.  The Department shall consider the
12    recommendations of the Board  in  establishing  the  Code  of
13    Ethics and Standards of Practice.
14        (b)  The  Department  shall  consult  with  the  Board in
15    promulgating rules.  Notice of proposed rulemaking  shall  be
16    transmitted  to the Board and the Department shall review the
17    Board's response and recommendations.
18        (c)  The   Department   shall    review    the    Board's
19    recommendation   of   the  applicants'  qualifications.   The
20    Director  shall  notify  the  Board  in   writing   with   an
21    explanation of any deviation from the Board's recommendation.
22    After  review  of  the  Director's written explanation of his
23    reasons for deviation, the Board shall have  the  opportunity
24    to comment upon the Director's decision.
25        Whenever  the  Director is not satisfied that substantial
26    justice has been done in the revocation or  suspension  of  a
27    license,  or other disciplinary action the Director may order
28    re-hearing by the same or other boards.
29        None of the functions, powers  or  duties  enumerated  in
30    this Section shall be exercised by the Department except upon
31    the action and report in writing of the Board.
32    (Source: P.A. 86-987.)
33        (225 ILCS 330/7) (from Ch. 111, par. 3257)
                            -68-              LRB9010680NTsbA
 1        Sec.   7.    Creation   of  the  Board;  Composition  and
 2    qualifications and terms of the Board.  The  Board  shall  be
 3    appointed by the Director and shall consist of 7 members, one
 4    of  whom  shall  be  a  public  member and 6 of whom shall be
 5    Professional Land Surveyors.  The members shall be  residents
 6    of  Illinois.   Each  Professional Land Surveyor member shall
 7    (a) currently hold a valid Professional Land Surveyor license
 8    in Illinois and shall have held the license under this Act or
 9    its predecessor for the previous 10 year period, and (b) have
10    not been disciplined within the last  10  year  period  under
11    this  Act or its predecessor.  The public member shall not be
12    an employee of the  State  of  Illinois  or  of  the  federal
13    government,  and  shall not be licensed under this Act or any
14    other Act the Department administers.
15        Members shall be appointed who reasonably  represent  the
16    different  geographic areas of Illinois and shall serve for 5
17    year terms, and until  their  successors  are  qualified  and
18    appointed.   The term of the initial appointments shall be as
19    follows: the public member shall be appointed to serve for  3
20    years,  2  land  surveyor members shall be appointed to serve
21    for 2 years, 2 land surveyor members shall  be  appointed  to
22    serve  for  4  years,  and  2  land surveyor members shall be
23    appointed to serve for 5 years, and  until  their  successors
24    are  qualified and appointed.  A member shall not be eligible
25    for appointment to more than  2  consecutive  5  year  terms.
26    Appointments  to  fill  vacancies  shall  be made in the same
27    manner as original appointments, for the unexpired portion of
28    the term.  Initial terms shall begin on the effective date of
29    this Act. Board members currently appointed  under  this  The
30    Illinois  Land  Surveyors  Act and in office on the effective
31    date of this Act shall continue to hold  office  until  their
32    terms  expire  and they are replaced initial appointees under
33    this Act are qualified and appointed. All appointments  shall
34    be   made   on   the   basis   of   individual   professional
                            -69-              LRB9010680NTsbA
 1    qualifications  with  the  exception of the public member and
 2    shall not be based upon race, sex, or religious or  political
 3    affiliations.
 4        Each  member of the Board shall receive compensation when
 5    attending to the work of the Board or any of  its  committees
 6    and for time spent in necessary travel.  In addition, members
 7    shall  be  reimbursed  for  actual traveling, incidentals and
 8    expenses necessarily incurred in carrying out their duties as
 9    members of the Board.
10        The   Director   shall   consider    the    advice    and
11    recommendations of the Board on issues involving standards of
12    professional  conduct,  discipline  and qualifications of the
13    candidates and licensees under this Act.
14        The Director shall make the Board appointments within  90
15    days  of any vacancy.  The Professional Land Surveyor members
16    shall be selected from a current list of  candidates  updated
17    by  June  1 of each year, as submitted by members of the land
18    surveying profession and by affiliated organizations.
19        Members of the Board shall be immune  from  suit  in  any
20    action  based  upon  any  disciplinary  proceedings  or other
21    activities performed in good faith as members of the Board.
22        The Director may remove  any  member  of  the  Board  for
23    misconduct,  incompetence, neglect of duty, or for any reason
24    prescribed by law for removal of State Officials or  for  not
25    attending 2 consecutive Board meetings.
26    (Source: P.A. 86-987.)
27        (225 ILCS 330/8) (from Ch. 111, par. 3258)
28        Sec. 8.  Powers and duties of the Board; quorum.  Subject
29    to  the  provisions of this Act, the Board shall exercise the
30    following functions, powers, and duties:
31        (a)  Review education and  experience  qualifications  of
32    applicants  to  determine  eligibility as a Professional Land
33    Surveyor or  Land  Surveyor-in-Training  and  submit  to  the
                            -70-              LRB9010680NTsbA
 1    Director  written recommendations on applicant qualifications
 2    for licensing;
 3        (b)  Conduct hearings regarding disciplinary actions  and
 4    submit  a  written report to the Director as required by this
 5    Act and provide a Board member at informal conferences;
 6        (c)  Visit universities or colleges to evaluate surveying
 7    curricula and submit to the Director a written recommendation
 8    of acceptability of the curriculum;
 9        (d)  Submit a  written  recommendation  to  the  Director
10    concerning   promulgation  or  amendment  of  rules  for  the
11    administration of this Act;
12        (e)  The Department may  at  any  time  seek  the  expert
13    advice  and  knowledge of the Board on any matter relating to
14    the enforcement of this Act;
15        (f)  The Board may appoint a subcommittee to serve  as  a
16    Complaint  Committee  to  recommend  the  disposition of case
17    files according to procedures established by rule;
18        (g)  Hold at least 3 regular meetings each year; and
19        (h)  The Board shall annually elect a Chairperson  and  a
20    Vice  Chairperson  chairman who shall be licensed an Illinois
21    Professional Land Surveyors Surveyor.
22        A quorum of the Board shall  consist  of  a  majority  of
23    Board members appointed.
24    (Source: P.A. 88-428.)
25        (225 ILCS 330/10) (from Ch. 111, par. 3260)
26        Sec. 10.  Application for original license.  Every person
27    who desires to obtain a license shall apply to the Department
28    in   writing,  upon  forms  prepared  and  furnished  by  the
29    Department.  Each application shall contain  statements  made
30    under  oath,  showing  the  applicant's education, a detailed
31    summary of his land surveying experience, and  at  least  one
32    reference who is a Professional Land Surveyor having personal
33    knowledge  of  the  applicant's land surveying experience and
                            -71-              LRB9010680NTsbA
 1    who  shall  certify  the  applicant's   experience   to   the
 2    satisfaction  of  the  Board,  and  the  application shall be
 3    accompanied with the required fee. The Department may require
 4    an  applicant,  at  the  applicant's  expense,  to  have   an
 5    evaluation  of the applicant's education in a foreign country
 6    by a nationally recognized educational body approved  by  the
 7    Board in accordance with rules prescribed by the Department.
 8        An  applicant who graduated from a land surveying program
 9    outside the United States or its territories and whose  first
10    language is not English shall submit certification of passage
11    of  the Test of English as a Foreign Language (TOEFL) and the
12    Test of Spoken English (TSE) as defined by rule before taking
13    the licensure examination.
14    (Source: P.A. 89-594, eff. 8-1-96.)
15        (225 ILCS 330/12) (from Ch. 111, par. 3262)
16        Sec. 12.  Qualifications for licensing.
17        (a) A person is qualified  to  receive  a  license  as  a
18    Professional  Land  Surveyor and the Department shall issue a
19    license to a person:
20             (1)  who has applied in writing in the required form
21        and substance to the Department;
22             (2)  (blank);
23             (3)  who is of good moral character;
24             (4)  who has acquired a an  Illinois  license  as  a
25        Land Surveyor-in-Training;
26             (5)  who  has at least 4 years of responsible charge
27        experience,   subsequent   to   licensure   as   a   Land
28        Surveyor-in-Training, verified  by  a  Professional  Land
29        Surveyor  who has direct supervision of the applicant and
30        can certify  to  the  experience  and  knowledge  of  the
31        applicant   in   responsible  charge  of  land  surveying
32        operations under the direct supervision and control of an
33        Illinois Professional Land Surveyor; and
                            -72-              LRB9010680NTsbA
 1             (6)  who has passed an examination authorized by the
 2        Department to determine his fitness to receive a  license
 3        as a Professional Land Surveyor.
 4        (b)  A person is qualified to receive a license as a Land
 5    Surveyor-in-Training and the Department shall issue a license
 6    to a person:
 7             (1)  who has applied in writing in the required form
 8        and substance to the Department;
 9             (2)  (blank);
10             (3)  who is of good moral character;
11             (4)  who  has  the required education and experience
12        in the practice of land surveying as set  forth  in  this
13        Act; and
14             (5)  who has passed an examination authorized by the
15        Department  to  determine his or her fitness to receive a
16        license as a Land Surveyor-in-Training in accordance with
17        this Act.
18        In determining moral character under  this  Section,  the
19    Department  may take into consideration whether the applicant
20    has engaged in  conduct  or  actions  that  would  constitute
21    grounds  for  discipline under this Act any felony conviction
22    or any violation of this Act by the  applicant,  but  such  a
23    conviction shall not operate as an absolute bar to licensing.
24    (Source: P.A. 89-387, eff. 8-20-95.)
25        (225 ILCS 330/13) (from Ch. 111, par. 3263)
26        Sec.  13.   Qualifications  for  examination for Licensed
27    Land   Surveyor-in-Training.    (a)   Applicants   for    the
28    examination for Land Surveyor-in-Training shall have:
29        (1)  a  baccalaureate  degree  in  Land Surveying from an
30    accredited college or university;, or a baccalaureate  degree
31    in  a related science including at least 24 semester hours of
32    land surveying courses from a Board approved curriculum of an
33    accredited institution;
                            -73-              LRB9010680NTsbA
 1        (2)  a  baccalaureate  degree  in   a   related   science
 2    including  at  least  24  semester  hours  of  land surveying
 3    courses from a Board approved  curriculum  of  an  accredited
 4    institution.  a  baccalaureate degree in a related science as
 5    approved  by  the  Board,  from  an  accredited  college   or
 6    university and 2 years land surveying experience;
 7        (3)  an  associate  degree  in  Land Surveying Technology
 8    from an accredited junior college and 3 years land  surveying
 9    experience;
10        (4)  an  associate  degree in engineering technology from
11    an accredited junior  college  and  4  years  land  surveying
12    experience; or
13        (5)  a  high school diploma or its equivalent and 8 years
14    land surveying experience.
15        Beginning January 1,  1998,  an  applicant  must  have  a
16    baccalaureate  degree  in  land  surveying from an accredited
17    college or university, or a baccalaureate degree in a related
18    science  including  at  least  24  semester  hours  of   land
19    surveying  courses  from  a  Board  approved curriculum of an
20    accredited institution, to be eligible  for  licensing  as  a
21    Land Surveyor-in-Training.
22    (Source: P.A. 86-987.)
23        (225 ILCS 330/14) (from Ch. 111, par. 3264)
24        Sec.  14.   License  to  be displayed.  Every holder of a
25    license   as   a   Professional   Land   Surveyor   or   Land
26    Surveyor-in-Training  shall  display  it  in  a   conspicuous
27    location  place  in  his  or  her  principal office, place of
28    business, or place of employment, or  any  other  offices  or
29    places  of business or employment where the Professional Land
30    Surveyor or Land Surveyor-in-Training regularly practices.
31    (Source: P.A. 86-987.)
32        (225 ILCS 330/15) (from Ch. 111, par. 3265)
                            -74-              LRB9010680NTsbA
 1        Sec. 15.  Seal.  Every Professional Land  Surveyor  shall
 2    have a reproducible reproducable seal or facsimile, which may
 3    be  computer generated, the impression of which shall contain
 4    the name of the land surveyor, his  place  of  business,  the
 5    license  number  of  the  Professional Land Surveyor, and the
 6    words "Professional Land Surveyor,  State  of  Illinois".   A
 7    Professional  Land Surveyor shall seal or stamp all documents
 8    prepared by or under the direct supervision  and  control  of
 9    the  Professional  Land  Surveyor.    Any  seal authorized or
10    approved by the Department under the Illinois Land  Surveyors
11    Act  shall serve the same purpose as the seal provided for by
12    this Act.  Signatures generated  by  computer  shall  not  be
13    permitted.
14    (Source: P.A. 86-987; revised 7-7-97.)
15        (225 ILCS 330/18.5 new)
16        Sec.  18.5.  Continuing  education.   The  Department may
17    promulgate rules of continuing education for persons licensed
18    under  this  Act.   The   Department   shall   consider   the
19    recommendations  of  the Board in establishing the guidelines
20    for the continuing education requirements.  The  requirements
21    of  this  Section  apply  to  any  person  seeking renewal or
22    restoration under Section 18 or 19 of this Act.
23        (225 ILCS 330/21) (from Ch. 111, par. 3271)
24        Sec. 21.  Fees. The following fees are not refundable:
25        (a)  The Department shall provide by rule for a  schedule
26    of  fees to be paid for licenses by all applicants.  All fees
27    are not refundable The fee for application for a license as a
28    Land Surveyor-in-Training is $70.
29        (b)  The fees for the administration and  enforcement  of
30    the  Act,  including  by  not  limited to original licensure,
31    renewal, and  restoration,  shall  be  set  by  rule  by  the
32    Department  The  fee  for  application  for  a  license  as a
                            -75-              LRB9010680NTsbA
 1    Professional Land Surveyor is $150.
 2        (c)  All fees and fines collected shall be  deposited  in
 3    the  Design  Professionals  Administration  and Investigation
 4    Fund.  Of the moneys deposited into the Design  Professionals
 5    Administration and Investigation Fund, the Department may use
 6    such funds as necessary to produce and distribute newsletters
 7    to  persons licensed under this Act The fee for a license for
 8    a Professional Land Surveyor registered or licensed under the
 9    laws of another state or territory of the United States or of
10    a foreign country or province is $150.
11        (d)  The fee for the renewal of a license shall be $60.
12        (e)  The fee for the restoration of a license other  than
13    from  inactive  status  is  $10  plus  payment  of all lapsed
14    renewal fees, the total fee not to exceed $110.
15        (f)  The fee for  a  certificate  of  registration  as  a
16    Professional Land Surveyor Firm is $75.
17        (g)  The   fee  for  the  renewal  of  a  certificate  of
18    registration as a professional land surveying firm  shall  be
19    $60.
20        (h)  The  fee  for the issuance of a replacement license,
21    for a license which has been lost or destroyed,  or  for  the
22    issuance  of a license with a change of name or address other
23    than during the renewal period is $20.  No  fee  is  required
24    for  name  and  address changes on Department records when no
25    duplicate license is issued.
26        (i)  The fee for a certification of a  licensee's  record
27    for any purpose is $20.
28        (j)  The  fee for an examination to determine preliminary
29    education is $20.
30        (k)  The fee for rescoring an examination is the cost  to
31    the  Department  of  rescoring the examination, plus any fees
32    charged  by  the  applicable  testing  service  to  have  the
33    examination rescored.
34        (l)  The fee for a wall certificate showing licensure  is
                            -76-              LRB9010680NTsbA
 1    the actual cost of producing such certificate.
 2        (m)  The  fee  for  a  roster of persons licensed as Land
 3    Surveyor-in-Training or Professional Land  Surveyor  in  this
 4    State is the actual cost of producing such a roster.
 5    (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
 6        (225 ILCS 330/25) (from Ch. 111, par. 3275)
 7        Sec.   25.   Professional   design  land  surveying  firm
 8    registration.
 9        (a)  Nothing in this Act shall  prohibit  the  formation,
10    under  the provisions of the Professional Service Corporation
11    Act, of a corporation to offer the practice  of  professional
12    land surveying.
13        Any    business,   including   a   Professional   Service
14    Corporation, that includes  within  its  stated  purposes  or
15    practices,  or  holds  itself  out  as available to practice,
16    professional land surveying  shall  be  registered  with  the
17    Department  pursuant  to  the  provisions  set  forth in this
18    Section.
19        Any sole proprietorship not  owned  and  operated  by  an
20    Illinois licensed design professional licensed under this Act
21    shall  be prohibited from offering professional land surveyor
22    services to the public.  Any sole  proprietorship  owned  and
23    operated  by  a  professional  land  surveyor  with an active
24    license issued under this Act and conducting  or  transacting
25    such  business  under  an assumed name in accordance with the
26    provisions of the Assumed Business Name Act shall comply with
27    the registration requirements of a professional design  firm.
28    Any  sole proprietorship owned and operated by a Professional
29    Land Surveyor with an active license issued  under  this  Act
30    and  conducting  or  transacting such business under the real
31    name of the sole proprietor is exempt from  the  registration
32    requirements   of  a  professional  design  firm.   "Illinois
33    licensed design professional" means a  person  who  holds  an
                            -77-              LRB9010680NTsbA
 1    active   license   as   a  professional  engineer  under  the
 2    Professional  Engineering  Practice  Act  of  1989,   as   an
 3    architect  under  the  Illinois  Architecture Practice Act of
 4    1989,  as  a  structural  engineer   under   the   Structural
 5    Engineering  Practice  Act of 1989, or as a Professional Land
 6    Surveyor under this Act.
 7        (b)  Any  professional  design   firm   seeking   to   be
 8    registered  pursuant  to the provisions of this Section shall
 9    not be registered unless  one  or  more  managing  agents  in
10    charge   of  land  surveyor  activities  in  this  State  are
11    designated by the professional design  firm.   Each  managing
12    agent  must  at all times maintain a valid, active license to
13    practice professional land surveying in Illinois.
14        No individual whose license to practice professional land
15    surveying in this  State  is  currently  in  a  suspended  or
16    revoked   state   shall   act  as  a  managing  agent  for  a
17    professional design firm.
18        (c)  Any business seeking to  be  registered  under  this
19    Section  shall  make  application  on  a form provided by the
20    Department and shall provide such information as requested by
21    the Department, which shall include, but not be limited to:
22             (1)  the name  and  license  number  of  the  person
23        designated as the managing agent in responsible charge of
24        the  practice of professional land surveying in Illinois.
25        In the case of a corporation, the corporation shall  also
26        submit a certified copy of the resolution by the board of
27        directors designating the managing agent.  In the case of
28        a  limited  liability company, the company shall submit a
29        certified copy of either its articles or organization  or
30        operating agreement designating the managing agent;
31             (2)  the names and license numbers of the directors,
32        in the case of a corporation, the members, in the case of
33        a  limited liability company, or general partners, in the
34        case of a partnership;
                            -78-              LRB9010680NTsbA
 1             (3)  a list of all office  locations  at  which  the
 2        professional   design  firm  provides  professional  land
 3        surveying services to the public; and
 4             (4)  a list of all assumed names  of  the  business.
 5        Nothing  in  this  Section shall be construed to exempt a
 6        professional  design  firm,   sole   proprietorship,   or
 7        professional service corporation from compliance with the
 8        requirements of the Assumed Business Name Act.
 9        It  is the responsibility of the professional design firm
10    to provide the Department notice, in writing, of any  changes
11    in the information requested on the application.
12        (d)  The  Department  shall  issue  to  each  business  a
13    certificate  of  registration  to  practice professional land
14    surveying or offer the services  of  its  licensees  in  this
15    State upon submittal of a proper application for registration
16    and  payment of fees.  The expiration date and renewal period
17    for  each  registration  and  renewal  procedures  shall   be
18    established by rule.
19        (e)  In  the  event  a  managing  agent  is terminated or
20    terminates his status as managing agent of  the  professional
21    design  firm,  the  managing  agent and a professional design
22    firm shall notify the Department of this fact in writing,  by
23    certified  mail, within 10 business days of such termination.
24    Thereafter, the  professional  design  firm,  if  it  has  so
25    informed  the  Department,  shall  have  30  days in which to
26    notify the Department of the name and licensure number  of  a
27    newly  designated  managing  agent.   If  a  corporation, the
28    corporation  shall  also  submit  a  certified  copy   of   a
29    resolution  by  the  board  of  directors designating the new
30    managing agent.  If a limited liability company, the  company
31    shall  also submit a certified copy of either its articles of
32    organization  or  operating  agreement  designating  the  new
33    managing agent.  The Department may, upon good  cause  shown,
34    extend the original 30 day period.
                            -79-              LRB9010680NTsbA
 1        If  the  professional  design  firm  has not notified the
 2    Department in writing, by certified mail within the specified
 3    time, the registration  shall  be  terminated  without  prior
 4    hearing.   Notification  of  termination  shall  be  sent  by
 5    certified mail to the last known address of the business.  If
 6    the  professional  design firm continues to operate and offer
 7    professional land surveyor services  after  the  termination,
 8    the  Department  may  seek prosecution under Sections 27, 43,
 9    and  46  of  this  Act  for  the   unlicensed   practice   of
10    professional land surveying.
11        No   professional   design  firm  shall  be  relieved  of
12    responsibility  for  the  conduct  or  acts  of  its   agent,
13    employees,  members,  managers,  or officers by reason of its
14    compliance  with  this  Section,  nor  shall  any  individual
15    practicing professional land surveying  be  relieved  of  the
16    responsibility  for professional services performed by reason
17    of  the  individual's  employment  or  relationship  with   a
18    professional design firm registered under this Section.
19        (g)  Disciplinary  action  against  a professional design
20    firm registered under this Section shall be  administered  in
21    the  same  manner  and  on  the  same grounds as disciplinary
22    action against a licensed professional  land  surveyor.   All
23    disciplinary action taken or pending against a corporation or
24    partnership  before the effective date of this amendatory Act
25    of 1999 shall be continued or remain in  effect  without  the
26    Department  filing  separate  actions.  Upon  payment  of the
27    required fee the Department shall issue, upon the approval of
28    the Board, without examination, a certificate of registration
29    as a professional land surveying firm to offer  the  services
30    of  its  licensed Illinois professional land surveyors to any
31    corporation, partnership, or limited liability company  which
32    applies for one in writing if:
33             (1)  In  a  case  of a corporation a majority of its
34        officers  and  board  of  directors   are   licensed   as
                            -80-              LRB9010680NTsbA
 1        professional land surveyors in Illinois.
 2             (2)  In  the  case of a limited liability company, a
 3        majority of its members are  licensed  professional  land
 4        surveyors in Illinois.
 5             (3)  In  the  case  of a partnership, all members of
 6        the partnership are licensed professional land  surveyors
 7        in Illinois.
 8        (b)  All  surveying  by  the  professional land surveying
 9    firm must be done under the direct supervision and control of
10    an officer of a managing agent  who  holds  a  license  as  a
11    professional  land  surveyor.  The  managing  agent  must  be
12    designated   on   the   professional   land   surveying  firm
13    application. The managing agent must be:
14             (1)  an officer of the corporation;
15             (2)  a member of the limited liability company; or
16             (3)  a member of the partnership.
17        When a managing agent is terminated or terminates his  or
18    her status, the managing agent shall notify the Department in
19    writing  by  certified  mail  within  10 business days of the
20    termination. Thereafter, the professional land surveying firm
21    shall, within 30 days, notify the Department of the name  and
22    professional  land  surveyor's  license  number  of the newly
23    designated managing agent.  The  Department  may,  upon  good
24    cause,  extend  the  30  day period. If the professional land
25    surveying firm fails to notify the Department in  writing  by
26    certified  mail  within  the specified time, the registration
27    shall be terminated without prior  hearing.  Notification  of
28    termination shall be sent by certified mail to the last known
29    address  of  the business. If the professional land surveying
30    firm continues to operate and offer land  surveying  services
31    after  the  termination,  the Department may seek prosecution
32    under Sections 27, 43, and 43a of this Act for the unlicensed
33    practice of land surveying.
34        (h)  (c)  Any  professional  services  corporation,  sole
                            -81-              LRB9010680NTsbA
 1    proprietorship, or professional design  land  surveying  firm
 2    offering  land  surveying  services must have a resident land
 3    surveyor overseeing the  land  surveying  practices  in  each
 4    location in which land surveying services are provided.
 5        (d)  Any sole proprietorship not owned and operated by an
 6    Illinois  professional land surveyor shall be prohibited from
 7    offering land surveying services  to  the  public.  Any  sole
 8    proprietorship  owned and operated by a land surveyor with an
 9    active license  issued  under  this  Act  and  conducting  or
10    transacting such business under an assumed name in accordance
11    with  the  provisions  of the Assumed Business Name Act shall
12    comply with the registration requirements of  a  professional
13    land  surveying  firm.   Any  sole  proprietorship  owned and
14    operated by a  professional  land  surveyor  with  an  active
15    license  issued  under this Act and conducting or transacting
16    such business under the real name of the sole  proprietor  is
17    exempt  from  the registration requirements of a professional
18    land surveying firm.
19        (e)  Disciplinary  action  against  a  professional  land
20    surveying  firm  registered  under  this  Section  shall   be
21    administered  in  the  same manner and on the same grounds as
22    disciplinary action against a  licensed  land  surveyor.  All
23    disciplinary action taken or pending against a corporation or
24    partnership  before the effective date of this amendatory Act
25    of 1993 shall be continued or remain in  effect  without  the
26    Department filing separate actions.
27        (f)  A  professional  land  surveying  firm shall provide
28    notice in writing to the Department  of  any  change  in  the
29    information requested upon an application.
30        (g)  Nothing in this Section shall be construed to exempt
31    a  business  from  compliance  with  the  requirements of the
32    Assumed Business Name Act.
33        (h)  Nothing in this Act shall  restrict  licensees  from
34    forming   professional   service   corporations   under   the
                            -82-              LRB9010680NTsbA
 1    provisions  of  the  Professional Service Corporation Act, as
 2    now or  hereafter  amended,  and  having  these  corporations
 3    licensed for the practice of land surveying.
 4    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
 5        (225 ILCS 330/27) (from Ch. 111, par. 3277)
 6        Sec. 27.  Grounds for disciplinary action.
 7        (a)  The  Department  may,  singularly or in combination,
 8    refuse to issue, restore, or renew, or may revoke or  suspend
 9    a  license  or  registration,  or  may  place  on  probation,
10    censure,  reprimand  or  impose a civil penalty not to exceed
11    $10,000,  upon  any  person,  corporation,  partnership,   or
12    professional land surveying firm licensed or registered under
13    this Act for any one or combination of the following:
14             (1)  material misstatement in furnishing information
15        to the Department;
16             (2)  violation,   including,  but  not  limited  to,
17        neglect or intentional disregard, of  this  Act,  or  its
18        rules;
19             (3)  conviction  of  any crime under the laws of the
20        United States, or any state or territory  thereof,  which
21        is  a  felony,  whether  related  to  practice or not, or
22        conviction of any crime, whether a  felony,  misdemeanor,
23        or otherwise, an essential element of which is dishonesty
24        or  which  is  directly  related  to the practice of land
25        surveying;
26             (4)  making any misrepresentation for the purpose of
27        obtaining a license, or in applying  for  restoration  or
28        renewal, or the practice of any fraud or deceit in taking
29        any examination to qualify for licensure under this Act;
30             (5)  purposefully making false statements or signing
31        false  statements,  certificates, or affidavits to induce
32        payment;
33             (6)  proof    of     carelessness,     incompetence,
                            -83-              LRB9010680NTsbA
 1        negligence, or misconduct in practicing land surveying;
 2             (7)  aiding or assisting another person in violating
 3        any provision of this Act or its rules;
 4             (8)  failing to provide information in response to a
 5        written  request  made  by  the Department within 30 days
 6        after receipt of such written request;
 7             (9)  engaging   in   dishonorable,   unethical,   or
 8        unprofessional conduct of a character likely to  deceive,
 9        defraud, or harm the public;
10             (10)  habitual  intoxication or addiction to the use
11        of drugs;
12             (11)  discipline by the  United  States  government,
13        another  state,  District of Columbia, territory, foreign
14        nation or government  agency  if  at  least  one  of  the
15        grounds  for  the discipline is the same or substantially
16        equivalent to those set forth in this Act;
17             (12)  directly or indirectly giving to or  receiving
18        from  any  person,  firm,  corporation,  partnership,  or
19        association any fee, commission, rebate, or other form of
20        compensation  for  any professional services not actually
21        or personally rendered;
22             (12.5)  issuing a map or plat of  survey  where  the
23        fee  for  professional  services  is contingent on a real
24        estate transaction closing;
25             (13)  a finding by the Board that  an  applicant  or
26        licensee  has  failed  to  pay  a  fine  imposed  by  the
27        Department or a licensee whose license has been placed on
28        probationary status has violated the terms of probation;
29             (14)  practicing on an expired, inactive, suspended,
30        or revoked license;
31             (15)  signing,   affixing   the   Professional  Land
32        Surveyor's  seal  or  permitting  the  Professional  Land
33        Surveyor's seal to be affixed  to  any  map  or  plat  of
34        survey  not prepared by the Professional Land Surveyor or
                            -84-              LRB9010680NTsbA
 1        under the Professional Land Surveyor's direct supervision
 2        and control;
 3             (16)  physical illness, including but not limited to
 4        deterioration through the aging process or loss of  motor
 5        skill,  which  results  in  the inability to practice the
 6        profession with reasonable judgment, skill, or safety;
 7             (17)  issuing a check  or  other  guarantee  to  the
 8        order  of  the  Department  which  is  not  honored  on 2
 9        occasions by the financial institution upon which  it  is
10        drawn because of insufficient funds;
11             (18)  failure  to  adequately  supervise  or control
12        land   surveying   operations    being    performed    by
13        subordinates.
14        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
15    showing  of a possible violation may compel a person licensed
16    to practice under this Act, or who has applied for  licensure
17    or  certification pursuant to this Act, to submit to a mental
18    or physical examination, or both, as required by and  at  the
19    expense of the Department.  The examining physicians shall be
20    those specifically designated by the Board.  The Board or the
21    Department  may  order  the  examining  physician  to present
22    testimony concerning this mental or physical  examination  of
23    the  licensee or applicant.  No information shall be excluded
24    by reason of any common law or statutory  privilege  relating
25    to  communications  between the licensee or applicant and the
26    examination physician.  The person to be examined  may  have,
27    at  his  or  her own expense, another physician of his or her
28    choice  present  during  all  aspects  of  the   examination.
29    Failure  of  any  person  to  submit  to a mental or physical
30    examination, when directed, shall be grounds  for  suspension
31    of  a licensee until the person submits to the examination if
32    the Board finds, after notice and hearing, that  the  refusal
33    to submit to the examination was without reasonable cause.
34        If the Board finds a person unable to practice because of
                            -85-              LRB9010680NTsbA
 1    the  reasons set forth in this Section, the Board may require
 2    that person to submit to care, counseling,  or  treatment  by
 3    physicians   approved   or  designated  by  the  Board  as  a
 4    condition, term, or restriction for continued, reinstated, or
 5    renewed  licensure  to  practice;  or,  in  lieu   of   care,
 6    counseling,  or  treatment,  the  Board  may recommend to the
 7    Department  to  file  a  complaint  to  immediately  suspend,
 8    revoke, or otherwise discipline the license  of  the  person.
 9    Any  person whose license was granted, continued, reinstated,
10    renewed, disciplined, or supervised subject  to  such  terms,
11    conditions, or restrictions and who fails to comply with such
12    terms,  conditions,  or restrictions shall be referred to the
13    Director for a determination as to whether the  person  shall
14    have  his  or  her  license  suspended immediately, pending a
15    hearing by the Board.
16        (b)  The determination by a circuit court that a licensee
17    is subject to involuntary admission or judicial admission  as
18    provided  in the Mental Health and Developmental Disabilities
19    Code, as now or hereafter amended, operates as  an  automatic
20    license  suspension.   Such  suspension  will end only upon a
21    finding by a court that the patient is no longer  subject  to
22    involuntary  admission or judicial admission and the issuance
23    of an order so finding and discharging the patient  and  upon
24    the  recommendation  of  the  Board  to the Director that the
25    licensee be allowed to resume his practice.
26    (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
27        (225 ILCS 330/48) (from Ch. 111, par. 3298)
28        Sec. 48.  Fund, appropriations, investments  and  audits.
29    The    moneys   deposited   in   the   Design   Professionals
30    Administration and Investigation Fund  from  fines  and  fees
31    under  this  Act  shall  be  appropriated  to  the Department
32    exclusively for expenses of the Department and the  Board  in
33    the  administration  of  this  Act, the Illinois Architecture
                            -86-              LRB9010680NTsbA
 1    Practice Act, the Professional Engineering  Practice  Act  of
 2    1989,  and  the Structural Engineering Practice Licensing Act
 3    of 1989. The expenses of the Department under this Act  shall
 4    be  limited  to  the  ordinary and contingent expenses of the
 5    Design   Professionals   Dedicated   Employees   within   the
 6    Department as established under Section  62.1  of  the  Civil
 7    Administrative Code of Illinois and other expenses related to
 8    the administration and enforcement of this Act.
 9        Moneys  from  the  Fund  may  also be used for direct and
10    allocable indirect costs related to the  public  purposes  of
11    the  Department  of  Professional  Regulation.  Moneys in the
12    Fund may be transferred to the Professions Indirect Cost Fund
13    as authorized by Section 61e of the Civil Administrative Code
14    of Illinois.
15        Moneys in the  Design  Professionals  Administration  and
16    Investigation  Fund  may  be invested and reinvested with all
17    earnings received from the investments to be deposited in the
18    Design Professionals Administration  and  Investigation  Fund
19    and  used  for  the  same  purposes as fees deposited in that
20    Fund.
21        Upon the completion of any audit  of  the  Department  as
22    prescribed  by  the Illinois State Auditing Act that includes
23    an audit  of  the  Design  Professionals  Administration  and
24    Investigation  Fund, the Department shall make the audit open
25    to inspection by any interested  person.   The  copy  of  the
26    audit  report  required  to be submitted to the Department by
27    this Section is  in  addition  to  copies  of  audit  reports
28    required to be submitted to other State officers and agencies
29    by Section 3-14 of the Illinois State Auditing Act.
30    (Source: P.A. 89-204, eff. 1-1-96.)
31        Section  55.  The Structural Engineering Licensing Act of
32    1989 is amended by changing Sections 2, 4, 6, 7,  8,  9,  10,
33    11,  12,  16,  17,  19,  and  20  and  adding Section 14.5 as
                            -87-              LRB9010680NTsbA
 1    follows:
 2        (225 ILCS 340/2) (from Ch. 111, par. 6602)
 3        Sec. 2.  This Act shall be known and may be cited as  the
 4    Structural Engineering Practice Licensing Act of 1989.
 5    (Source: P.A. 86-711.)
 6        (225 ILCS 340/4) (from Ch. 111, par. 6604)
 7        Sec. 4.  In this Act:
 8        (a)  "Department"  means  the  Department of Professional
 9    Regulation.
10        (b)  "Director" means the Director of the  Department  of
11    Professional Regulation.
12        (c)  "Board"   means  the  Structural  Engineering  Board
13    appointed by the Director.
14        (d)  "Negligence   in   the   practice   of    structural
15    engineering"  means  the  failure  to exercise that degree of
16    reasonable  professional  skill,   judgment   and   diligence
17    normally  rendered by structural engineers in the practice of
18    structural engineering.
19        (e)  "Structural engineer intern" means a person who is a
20    candidate for licensure as a structural engineer and who  has
21    been enrolled as a structural engineer intern.
22        (f)  "Structural  engineer" means a person licensed under
23    the laws of the State  of  Illinois  to  practice  structural
24    engineering.
25    (Source: P.A. 86-711.)
26        (225 ILCS 340/6) (from Ch. 111, par. 6606)
27        Sec.  6.  The Department of Professional Regulation shall
28    exercise the following functions, powers and  duties  subject
29    to the provisions of this Act:
30        (1)  Conduct examinations to ascertain the qualifications
31    and   fitness   of   applicants  for  licensure  as  licensed
                            -88-              LRB9010680NTsbA
 1    structural engineers, and pass upon  the  qualifications  and
 2    fitness of applicants for licensure by endorsement.
 3        (2)  Prescribe  rules  for  a  method  of  examination of
 4    candidates.
 5        (3)  Prescribe rules defining  what  shall  constitute  a
 6    school,  college or university or department of a university,
 7    or other institution, reputable and in good standing, and  to
 8    determine  the  reputability  and  good standing of a school,
 9    college or other institution reputable and in  good  standing
10    by  reference  to a compliance with such rules; provided that
11    no  school,  college  or  university,  or  department  of   a
12    university  or  other  institution that refuses admittance to
13    applicants, solely on account of  race,  color,  creed,  sex,
14    religion,  physical  or mental handicap unrelated to ability,
15    or national origin shall be considered reputable and in  good
16    standing.
17        (3.5)  Register  corporations, partnerships, professional
18    service corporations, limited liability companies,  and  sole
19    proprietorships  for  the  practice of structural engineering
20    and issue a license to those who qualify.
21        (4)  Investigate  complaints,  conduct  oral  interviews,
22    disciplinary conferences, and formal evidentiary hearings  on
23    proceedings  to  refuse  to  issue,  renew  or restore, or to
24    suspend or revoke a license, or  to  place  on  probation  or
25    reprimand  a  licensee for reasons set forth in Section 20 of
26    this Act.
27        (5)  Formulate  rules  necessary   to   carry   out   the
28    provisions of this Act.
29        (6)  Maintain  membership in a national organization that
30    provides an acceptable structural engineering examination and
31    participate in activities of the organization by  designation
32    of  individuals for the various classifications of membership
33    and the appointment of delegates for attendance  at  regional
34    and   national  meetings  of  the  organization.   All  costs
                            -89-              LRB9010680NTsbA
 1    associated with membership and attendance of  such  delegates
 2    to  any  national  meetings  may  be  funded  from the Design
 3    Professionals Administration and Investigation Fund.
 4        Prior to issuance of any final  decision  or  order  that
 5    deviates  from  any  report  or  recommendation  of the Board
 6    relating to the qualification of  applicants,  discipline  of
 7    licensees  or  registrants,  or  promulgation  of  rules, the
 8    Director shall notify the Board and the Secretary of State in
 9    writing with an explanation of any such deviation and provide
10    a reasonable time for the Board to submit written comments to
11    the Director regarding the proposed  action.   In  the  event
12    that  the  Board  fails  or  declines  to submit such written
13    comments within 30 days of said  notification,  the  Director
14    may  issue  a  final  decision  or  order consistent with the
15    Director's original decision.
16        None of  these  functions,  powers  or  duties  shall  be
17    exercised by the Department of Professional Regulation except
18    upon the action and report in writing of the Board.
19    (Source: P.A. 86-711.)
20        (225 ILCS 340/7) (from Ch. 111, par. 6607)
21        Sec.   7.    The  Director  shall  appoint  a  Structural
22    Engineering Board which shall consist  of  6  members.   Five
23    members  shall be Illinois licensed structural engineers, who
24    have been engaged in the practice of  structural  engineering
25    for  a minimum of 10 years, and one shall be a public member.
26    The public member shall be a voting member and shall not hold
27    a license as an architect, professional engineer,  structural
28    engineer or land surveyor.
29        Members   shall  serve  5  year  terms  and  until  their
30    successors are appointed and qualified, except  that  of  the
31    initial  appointments,  2 members shall be appointed to serve
32    for one year, 2 shall be appointed to serve for 2 years and 2
33    shall be appointed to serve  for  3  years  and  until  their
                            -90-              LRB9010680NTsbA
 1    successors are appointed and qualified.
 2        In making the designation of persons to act, the Director
 3    shall give due consideration to recommendations by members of
 4    the   profession  and  by  organizations  of  the  structural
 5    engineering profession.
 6        The membership of the  Board  should  reasonably  reflect
 7    representation from the geographic areas in this State.
 8        No  member  shall  be reappointed to the Board for a term
 9    which would cause his continuous service on the Board  to  be
10    longer  than  10  successive  years.    Service  prior to the
11    effective date  of  this  Act  shall  not  be  considered  in
12    calculating length of service.
13        Appointments  to fill vacancies shall be made in the same
14    manner as original appointments, for the unexpired portion of
15    the vacated term.  Initial terms under this Act  shall  begin
16    upon  the  expiration  of  the  terms  of  Committee  members
17    appointed under The Illinois Structural Engineering Act.
18        Persons  holding office as members of the Board Committee
19    under this the Illinois Structural  Engineering  Act  on  the
20    effective  date  of  this  Act  shall serve as members of the
21    Board Committee under this Act until the  expiration  of  the
22    term for which they were appointed and until their successors
23    are appointed and qualified under this Act.
24        A  quorum  of  the  Board  shall consist of a majority of
25    Board  members  appointed.   A  majority  of  the  quorum  is
26    required for Board decisions. Four members shall constitute a
27    quorum of Board members.  The Chairman shall only vote on all
28    matters to come before the Board in the case of a tie vote.
29        The Director may terminate the appointment of any  member
30    for  cause  which  in  the opinion of the Director reasonably
31    justifies such termination, which may  include,  but  is  not
32    limited  to, a Board member who does not attend 2 consecutive
33    meetings.
34        Notice of proposed rulemaking shall be transmitted to the
                            -91-              LRB9010680NTsbA
 1    Board and the Department shall review  the  response  of  the
 2    Board  and  any recommendations made therein.  The Department
 3    may, at any time, seek the expert advice and knowledge of the
 4    Board  on  any  matter  relating  to  the  administration  or
 5    enforcement of this Act.
 6        Members of the Board shall be immune  from  suit  in  any
 7    action  based  upon  any  disciplinary  proceedings  or other
 8    activities performed in good faith as members of the Board.
 9        Whenever the Director is not satisfied  that  substantial
10    justice  has  been  done  in an examination, the Director may
11    order a reexamination by the same or other examiners.
12    (Source: P.A. 86-711; 87-756.)
13        (225 ILCS 340/8) (from Ch. 111, par. 6608)
14        Sec. 8.  The Board has the following powers and duties:
15        (a)  The Board shall hold at  least  3  regular  meetings
16    each year;
17        (b)  The  Board  shall annually elect a Chairperson and a
18    Vice Chairperson, both of whom chairman who shall be Illinois
19    a licensed structural engineers engineer;
20        (c)  The Board, upon request by the Department, may  make
21    a  curriculum  evaluation  to determine if courses conform to
22    requirements of approved engineering programs;
23        (d)  The Department may  at  any  time  seek  the  expert
24    advice  and  knowledge of the Board on any matter relating to
25    the enforcement of this Act;
26        (e)  The Board may appoint a subcommittee to serve  as  a
27    Complaint  Committee  to  recommend  the  disposition of case
28    files according to procedures established by rule;
29        (f)  The Board shall assist the Department in  conducting
30    oral   interviews,   disciplinary   conferences,  and  formal
31    evidentiary hearings; and
32        (g)  The Board shall review applicant  qualifications  to
33    sit  for  the  examination  or  for  licensure and shall make
                            -92-              LRB9010680NTsbA
 1    recommendations to the Department, and. the Department  shall
 2    review    the    Board's    recommendations    on   applicant
 3    qualifications; and.  Prior to issuance of any final decision
 4    or order which deviates from any report or recommendation  of
 5    the  Board  relating  to  the  qualification  of  applicants,
 6    discipline  of  licensees  or registrants, or promulgation of
 7    rules, the Director shall notify the Board and the  Secretary
 8    of State in writing with an explanation of any such deviation
 9    and provide a reasonable time for the Board to submit written
10    comments  to  the Director regarding the proposed action.  In
11    the event that the Board fails or  declines  to  submit  such
12    written  comments  within  30  days of said notification, the
13    Director may issue a final decision or order consistent  with
14    the Director's original decision.
15        (h)  The  Board  shall  submit  written  comments  to the
16    Director within  30  days  from  notification  of  any  final
17    decision  or  order  from the Director that deviates from any
18    report  or  recommendation  of  the  Board  relating  to  the
19    qualification  of  applicants,  discipline  of  licensees  or
20    registrants, or promulgation of rules.
21    (Source: P.A. 88-428.)
22        (225 ILCS 340/9) (from Ch. 111, par. 6609)
23        Sec. 9.  Applications for original licenses shall be made
24    to the Department in  writing  on  forms  prescribed  by  the
25    Department  and  shall  be  accompanied  by the required fee,
26    which is not refundable.  The application shall require  such
27    information  as in the judgment of the Department will enable
28    the Department to pass on the qualifications of the applicant
29    for a license. The Department may require  an  applicant,  at
30    the  applicant's  expense,  to  have  an  evaluation  of  the
31    applicant's  education  in  a  foreign county by a nationally
32    recognized  educational  body  approved  by  the   Board   in
33    accordance with rules prescribed by the Department.
                            -93-              LRB9010680NTsbA
 1        An  applicant who graduated from a structural engineering
 2    program outside the United  States  or  its  territories  and
 3    whose   first   language   is   not   English   shall  submit
 4    certification of passage of the Test of English as a  Foreign
 5    Language  (TOEFL)  and  the  Test  of Spoken English (TSE) as
 6    defined by rule before taking the licensure examination.
 7    (Source: P.A. 89-594, eff. 8-1-96.)
 8        (225 ILCS 340/10) (from Ch. 111, par. 6610)
 9        Sec. 10.  The Department shall authorize examinations  of
10    applicants  as  structural engineers at such times and places
11    as it may determine.  The examination of applicants shall  be
12    of  a  character to give a fair test of the qualifications of
13    the applicant to practice structural engineering.
14        Applicants for examination as  structural  engineers  are
15    required  to  pay, either to the Department or the designated
16    testing service, a fee covering the  cost  of  providing  the
17    examination.   Failure  to  appear for the examination on the
18    scheduled date, at the time and place  specified,  after  the
19    applicant's application for examination has been received and
20    acknowledged  by  the  Department  or  the designated testing
21    service, shall result in the forfeiture  of  the  examination
22    fee.
23        If  an  applicant  neglects,  fails  without  an approved
24    excuse or refuses to  take  the  next  available  examination
25    offered  for  licensure  under  this Act, the fee paid by the
26    applicant shall  be  forfeited  to  the  Department  and  the
27    application  denied.   If  an  applicant  fails  to  pass  an
28    examination  for  a  licensure  under this Act within 3 years
29    after  filing  the  application,  the  application  shall  be
30    denied.  However, such applicant may thereafter  make  a  new
31    application  for examination accompanied by the required fee,
32    and must furnish proof  of  meeting  the  qualifications  for
33    examination in effect at the time of new application.
                            -94-              LRB9010680NTsbA
 1        An  applicant  has one year from the date of notification
 2    of successful completion of the examination to apply  to  the
 3    Department  for  a  license.   If an applicant fails to apply
 4    within one year, the applicant shall  be  required  to  again
 5    take  and  pass  the  examination  unless licensed in another
 6    jurisdiction of the United States within one year of  passing
 7    the examination.
 8    (Source: P.A. 86-711.)
 9        (225 ILCS 340/11) (from Ch. 111, par. 6611)
10        Sec.  11.   A  person  is  qualified  for  licensure as a
11    structural engineer intern or as  a  structural  engineer  if
12    that  person  has  applied  in  writing in form and substance
13    satisfactory to the Department and:
14        (a)  The  applicant  is  of  good  moral  character.   In
15    determining  moral  character   under   this   Section,   the
16    Department  may take into consideration whether the applicant
17    has engaged in  conduct  or  actions  that  would  constitute
18    grounds  for discipline under this Act. any felony conviction
19    of the applicant, but such a conviction shall not operate  as
20    an absolute bar to licensure;
21        (a-5)  The  applicant,  if  a  structural engineer intern
22    applicant, has met the minimum standards for licensure  as  a
23    structural engineer intern, which are as follows:
24             (1)  is   a  graduate  of  an  approved  engineering
25        curriculum of at least 4 years meeting  the  requirements
26        as  set forth by rule and passes a nominal 8-hour written
27        examination in the fundamentals of engineering; or
28             (2)  is a graduate of a related  science  curriculum
29        of at least 4 years meeting the requirements as set forth
30        by  rule  and passes a nominal 8-hour written examination
31        in the fundamentals of engineering.
32        (b)  The applicant, if a structural  engineer  applicant,
33    has  met  the minimum standards for licensure as a structural
                            -95-              LRB9010680NTsbA
 1    engineer, which are as follows:
 2             (1)  is  a  graduate  of  an  approved   engineering
 3        curriculum  of  at least 4 years meeting the requirements
 4        as set forth by rule and submits evidence  acceptable  to
 5        the  Department  of  an  additional  4  years  or more of
 6        experience in structural engineering work of a grade  and
 7        character  which  indicates  that  the  individual may be
 8        competent to practice structural engineering as set forth
 9        by rule; or
10             (2)  is a graduate of an  approved  related  science
11        curriculum  of  at least 4 years meeting the requirements
12        as set forth by rule who submits evidence  acceptable  to
13        the  Department  of  an  additional  8  years  or more of
14        progressive experience in structural engineering work  of
15        a grade and character which indicates that the individual
16        may  be  competent  to practice structural engineering as
17        set forth by rule.; and
18        (c)  The applicant, if a structural  engineer  applicant,
19    has  passed  an  examination  conducted  by the Department to
20    determine his fitness to receive a license  as  a  Structural
21    Engineer.
22    (Source: P.A. 86-711.)
23        (225 ILCS 340/12) (from Ch. 111, par. 6612)
24        Sec.  12.   Every  holder  of  a  license as a structural
25    engineer shall display it  in  a  conspicuous  place  in  the
26    holder's principal office, place of business or employment.
27        Every   licensed   structural   engineer   shall  have  a
28    reproducible seal or facsimile,  the  print  of  which  shall
29    contain the name, place of business and license number of the
30    structural  engineer,  and  the  words  "Licensed  Structural
31    Engineer,"  "State  of  Illinois."   The  licensed structural
32    engineer shall stamp with this seal all plans, drawings,  and
33    specifications   prepared   by   or   under   the  engineer's
                            -96-              LRB9010680NTsbA
 1    supervision.
 2        A licensed structural engineer  may  seal  documents  not
 3    produced   by  the  licensed  structural  engineer  when  the
 4    documents have either been produced by others  working  under
 5    the  licensed  structural engineer's personal supervision and
 6    control  or  when  the  licensed  structural   engineer   has
 7    sufficiently  reviewed the documents to ensure that they have
 8    met  the  standards  of  reasonable  professional  skill  and
 9    diligence.  In reviewing the work  of  others,  the  licensed
10    structural  engineer  shall, where necessary, do calculations
11    recalculations, redesign, or any other work necessary  to  be
12    done  to  meet  such  standards and should retain evidence of
13    having  done  such  review.   The  documents  sealed  by  the
14    licensed structural engineer shall be of  no  lesser  quality
15    than  if  they  had  been produced by the licensed structural
16    engineer. The licensed structural engineer who seals the work
17    of others is obligated to provide sufficient supervision  and
18    review of such work so that the public is protected.
19        The   licensed   structural   engineer  shall  affix  the
20    signature, current date, date of license expiration and  seal
21    to  the first sheet of any bound set or loose sheets prepared
22    by the licensed structural engineer or  under  that  licensed
23    structural engineer's immediate supervision.
24    (Source: P.A. 86-711.)
25        (225 ILCS 340/14.5 new)
26        Sec.  14.5.   Continuing  education.   The Department may
27    promulgate rules of continuing education for persons licensed
28    under  this  Act.   The   Department   shall   consider   the
29    recommendations  of  the Board in establishing the guidelines
30    for the continuing education requirements.  The  requirements
31    of  this  Section  apply  to  any  person  seeking renewal or
32    restoration under Section 14 or 15 of this Act.
                            -97-              LRB9010680NTsbA
 1        (225 ILCS 340/16) (from Ch. 111, par. 6616)
 2        Sec. 16.  The Department may, in its discretion,  license
 3    as a structural engineer upon, without examination on payment
 4    of  the  required  fee,  an  applicant  who  is  a structural
 5    engineer  licensed  under  the  laws  of  another  state   or
 6    territory,  or  of  another  country, if the requirements for
 7    licensure in the state, territory or  country  were,  at  the
 8    date   of   licensure,   substantially   equivalent   to  the
 9    requirements in force in this State on that date.
10        Applicants have 3 years from the date of  application  to
11    complete  the  application  process.   If the process has not
12    been completed in 3 years, the application shall  be  denied,
13    the fee forfeited and the applicant must reapply and meet the
14    requirements in effect at the time of reapplication.
15    (Source: P.A. 86-711.)
16        (225 ILCS 340/17) (from Ch. 111, par. 6617)
17        Sec. 17.  Fees.
18        (a)  The  Department shall provide by rule for a schedule
19    of fees to be paid for licenses by all applicants.  All  fees
20    are not refundable.
21        (b)  The  fees  for the administration and enforcement of
22    the Act, including but not  limited  to  original  licensure,
23    renewal,  and  restoration,  shall  be  set  by  rule  by the
24    Department.
25        (c)  All fees and fines collected shall be  deposited  in
26    the  Design  Professionals  Administration  and Investigation
27    Fund.  Of the moneys deposited into the Design  Professionals
28    Administration and Investigation Fund, the Department may use
29    such   funds  as  necessary  and  available  to  produce  and
30    distribute newsletters to persons licensed under this Act.
31        (a)  The following fees are not refundable:
32             (1)  The fee for application for a license is $100.
33             (2)  In addition,  applicants  for  any  examination
                            -98-              LRB9010680NTsbA
 1        shall  be required to pay, either to the Department or to
 2        the designated testing service, a fee covering  the  cost
 3        of  determining  an applicant's eligibility and providing
 4        the examination. Failure to appear for the examination on
 5        the scheduled date, at  the  time  and  place  specified,
 6        after  the  applicant's  application for each examination
 7        has been received and acknowledged by the  Department  or
 8        the  designated  testing  service,  shall  result  in the
 9        forfeiture of the examination fee.
10             (3)  The fee for a license for a structural engineer
11        registered or licensed under the laws of another state or
12        territory of the United States, or a foreign  country  or
13        province is $100.
14             (4)  The  fee  for the renewal of a license shall be
15        $60.
16             (5)  The fee for the restoration of a license  other
17        than  from  inactive  status  is  $10 plus payment of all
18        lapsed renewal fees.
19             (6)  The fee for application for  a  certificate  of
20        registration as a professional design firm is $75.
21             (7)  The   fee  for  renewal  of  a  certificate  of
22        registration as a professional design firm shall be $75.
23        (b)  General fees.
24             (1)  The fee for the issuance of a license, for  the
25        issuance of a replacement license for a license which has
26        been  lost  or destroyed or for the issuance of a license
27        with a change of name or address other  than  during  the
28        renewal  period  is  $20. No fee is required for name and
29        address changes on Department records when  no  duplicate
30        license is issued.
31             (2)  The  fee  for a certification of a registrant's
32        record for any purpose is $20.
33             (3)  The fee for rescoring  an  examination  is  the
34        cost to the Department for rescoring the examination plus
                            -99-              LRB9010680NTsbA
 1        any fees charged by the applicable testing service.
 2             (4)  The   fee   for   a  wall  certificate  showing
 3        licensure  is  the  actual   cost   of   producing   such
 4        certificate.
 5             (5)  The  fee  for  a  roster of persons licensed as
 6        structural engineers in this State is the actual cost  of
 7        producing such a roster.
 8        All  of the fees collected pursuant to this Section shall
 9    be deposited in the Design Professionals  Administration  and
10    Investigation Fund.
11        (c)  Any  person who delivers a check or other payment to
12    the Department that is returned to the Department  unpaid  by
13    the financial institution upon which it is drawn shall pay to
14    the Department, in addition to the amount already owed to the
15    Department,  a fine of $50. If the check or other payment was
16    for a renewal or  issuance  fee  and  that  person  practices
17    without  paying  the renewal fee or issuance fee and the fine
18    due, an additional fine of $100 shall be imposed.  The  fines
19    imposed  by  this  Section  are  in  addition  to  any  other
20    discipline provided under this Act for unlicensed practice or
21    practice on a nonrenewed license. The Department shall notify
22    the  person  that  payment of fees and fines shall be paid to
23    the Department by certified check or money  order  within  30
24    calendar  days  of the notification. If, after the expiration
25    of 30 days from the date of the notification, the person  has
26    failed  to  submit  the  necessary remittance, the Department
27    shall automatically terminate the license or  certificate  or
28    deny  the application, without hearing. If, after termination
29    or denial, the person seeks a license or certificate,  he  or
30    she shall apply to the Department for restoration or issuance
31    of  the license or certificate and pay all fees and fines due
32    to the Department. The Department may establish a fee for the
33    processing of an application for restoration of a license  or
34    certificate   to   pay   all   expenses  of  processing  this
                            -100-             LRB9010680NTsbA
 1    application. The Director may waive the fines due under  this
 2    Section in individual cases where the Director finds that the
 3    fines would be unreasonable or unnecessarily burdensome.
 4    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
 5        (225 ILCS 340/19) (from Ch. 111, par. 6619)
 6        Sec.   19.   Professional   design   firm   registration;
 7    conditions.
 8        (a)  Nothing  in  this Act prohibits the formation, under
 9    the provisions of the Professional Service  Corporation  Act,
10    as   amended,   of   a  corporation  to  practice  structural
11    engineering.
12        Any   business,   including   a   Professional    Service
13    Corporation,  that  not  formed  under  the provisions of the
14    Professional Service Corporation Act and  not  registered  as
15    such  with  the  Department,  and  which  includes within its
16    stated purposes, practices, or holds itself out as  available
17    to practice, structural engineering, shall be registered with
18    the Department pursuant to the provisions of this Section.
19        Any  sole  proprietorship  not  owned  and operated by an
20    Illinois licensed design professional licensed under this Act
21    shall be  prohibited  from  offering  structural  engineering
22    services   to   the   public.    "Illinois   licensed  design
23    professional" means a person who holds an active license as a
24    structural engineer under this Act, as an architect under the
25    Illinois  Architecture  Practice  Act  of  1989,  or   as   a
26    professional  engineer  under  the  Professional  Engineering
27    Practice  Act  of  1989.  Any  sole  proprietorship owned and
28    operated by a structural  engineer  with  an  active  license
29    issued  under  this  Act  and  conducting or transacting such
30    business  under  an  assumed  name  in  accordance  with  the
31    provisions of the Assumed Business Name Act shall comply with
32    the registration requirements of a professional design  firm.
33    Any  sole  proprietorship  owned and operated by a structural
                            -101-             LRB9010680NTsbA
 1    engineer with an active license issued  under  this  Act  and
 2    conducting  or  transacting such business under the real name
 3    of the  sole  proprietor  is  exempt  from  the  registration
 4    requirements of a professional design firm.
 5        Any   partnership  which  includes  within  its  purpose,
 6    practices, or holds  itself  out  as  available  to  practice
 7    structural  engineering,  shall  register with the Department
 8    pursuant to the provisions set forth in this Section.
 9        (b)  Any  professional  design   firm   seeking   to   be
10    registered  under the provisions of this Section shall not be
11    registered unless a managing agent in  charge  of  structural
12    engineering  activities  in  this  State is designated by the
13    professional design firm.  A managing agent must at all times
14    maintain a  valid,  active  license  to  practice  structural
15    engineering in Illinois.
16        No   individual  whose  license  to  practice  structural
17    engineering in this State is  currently  in  a  suspended  or
18    revoked   status   shall  act  as  a  managing  agent  for  a
19    professional design firm.
20        (c)  No business shall practice or  hold  itself  out  as
21    available  to  practice  structural  engineering  until it is
22    registered with the Department.
23        (d)  Any business seeking to  be  registered  under  this
24    Section  shall  apply  for a certificate of registration on a
25    form provided  by  the  Department  and  shall  provide  such
26    information  as  requested  by  the  Department,  which shall
27    include but shall not be limited to:
28             (1)  the name  and  license  number  of  the  person
29        designated as the managing agent in responsible charge of
30        the  practice  of structural engineering in Illinois.  In
31        the case of a corporation,  the  corporation  shall  also
32        submit a certified copy of the resolution by the board of
33        directors designating the managing agent.  In the case of
34        a  limited  liability company, the company shall submit a
                            -102-             LRB9010680NTsbA
 1        certified copy of either its articles of organization  or
 2        operating agreement designating the managing agent;
 3             (2)  the names and license numbers of the directors,
 4        in the case of a corporation, the members, in the case of
 5        a  limited liability company, or general partners, in the
 6        case of a partnership;
 7             (3)  a  list  of  all   locations   at   which   the
 8        professional  design firm provides structural engineering
 9        services to the public; and
10             (4)  A list of all assumed names  of  the  business.
11        Nothing  in  this  Section shall be construed to exempt a
12        professional  design  firm,   sole   proprietorship,   or
13        professional service corporation from compliance with the
14        requirements of the Assumed Business Name Act.
15        It shall be the responsibility of the professional design
16    firm  to  provide  the  Department notice, in writing, of any
17    changes in the information requested on the application.
18        (e)  In the event  a  managing  agent  is  terminated  or
19    terminates  his  status as managing agent of the professional
20    design firm, such managing agent and professional design firm
21    shall notify the Department  of  this  fact  in  writing,  by
22    certified mail, within 10 business days of such termination.
23        Thereafter,  the  professional  design firm, if it has so
24    informed the Department, shall  have  30  days  in  which  to
25    notify  the Department of the name and registration number of
26    a newly designated managing agent.   If  a  corporation,  the
27    corporation   shall   also  submit  a  certified  copy  of  a
28    resolution by the board  of  directors  designating  the  new
29    managing  agent.  If a limited liability company, the company
30    shall also submit a certified copy of either its articles  of
31    organization  or  operating  agreement  designating  the  new
32    managing  agent.  The  Department may, upon good cause shown,
33    extend the original 30 day period.
34        If the professional  design  firm  fails  to  notify  the
                            -103-             LRB9010680NTsbA
 1    Department  in writing by certified mail within the specified
 2    time, the registration  shall  be  terminated  without  prior
 3    hearing.   Notification  of  termination  shall  be  sent  by
 4    certified mail to the last known address of the business.  If
 5    the  professional  design firm continues to operate and offer
 6    structural engineering services after  the  termination,  the
 7    Department  may  seek  prosecution under Sections 20, 34, and
 8    34a of this Act for the  unlicensed  practice  of  structural
 9    engineering.
10        (f)  No  professional  design  firm  shall be relieved of
11    responsibility  for  the  conduct  or  acts  of  its  agents,
12    employees, members, managers, or officers by  reason  of  its
13    compliance  with  this  Section,  nor  shall  any  individual
14    practicing   structural   engineering   be  relieved  of  the
15    responsibility for professional services performed by  reason
16    of   the  individual's  employment  or  relationship  with  a
17    professional design firm registered under this Section.
18        (g)  Disciplinary action against  a  professional  design
19    firm  registered  under this Section shall be administered in
20    the same manner and  on  the  same  grounds  as  disciplinary
21    action   against   a   licensed   structural   engineer.  All
22    disciplinary action taken or pending against a corporation or
23    partnership before the effective date of this amendatory  Act
24    of  1993  shall  be continued or remain in effect without the
25    Department filing separate actions.
26        It is unlawful for any person to practice, or to  attempt
27    to  practice,  structural engineering, without being licensed
28    under this Act. It is unlawful for any business  not  subject
29    to  the  sole  proprietorship  exemption  to offer or provide
30    structural engineering services without  active  registration
31    issued  by  the  Department  as a professional design firm or
32    professional service corporation.
33    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
                            -104-             LRB9010680NTsbA
 1        (225 ILCS 340/20) (from Ch. 111, par. 6620)
 2        Sec. 20.   (a)  The  Department  may,  singularly  or  in
 3    combination,  refuse  to  issue,  renew,  or  restore, or may
 4    suspend or revoke any license or certificate of registration,
 5    or may place on probation, reprimand, or fine, with  a  civil
 6    penalty not to exceed $10,000 for each violation, any person,
 7    corporation,   partnership,   or   professional  design  firm
 8    registered  or  licensed  under  this  Act  for  any  of  the
 9    following reasons:
10             (1)  Material misstatement in furnishing information
11        to the Department;
12             (2)  Negligence, incompetence or misconduct  in  the
13        practice of structural engineering;
14             (3)  Making any misrepresentation for the purpose of
15        obtaining licensure;
16             (4)  The   affixing   of   a   licensed   structural
17        engineer's  seal to any plans, specifications or drawings
18        which have not been prepared by or  under  the  immediate
19        personal supervision of that licensed structural engineer
20        or reviewed as provided in this Act;
21             (5)  Conviction  of  any crime under the laws of the
22        United States, or any state or territory  thereof,  which
23        is   a   felony,  whether  related  to  the  practice  of
24        Structural Engineering  or  not,  or  conviction  of  any
25        crime,  whether  a  felony, misdemeanor, or otherwise, an
26        essential element of which is  dishonesty,  or  which  is
27        directly   related   to   the   practice   of  structural
28        engineering;
29             (6)  Making a statement of  compliance  pursuant  to
30        the  Environmental  Barriers  Act,  as  now  or hereafter
31        amended, that a plan for construction or alteration of  a
32        public  facility  or  for  construction  of a multi-story
33        housing unit is  in  compliance  with  the  Environmental
34        Barriers Act when such plan is not in compliance;
                            -105-             LRB9010680NTsbA
 1             (7)  Failure to comply with any of the provisions of
 2        this Act or its rules;
 3             (8)  Aiding or assisting another person in violating
 4        any provision of this Act or its rules;
 5             (9)  Engaging    in   dishonorable,   unethical   or
 6        unprofessional conduct of a character likely to  deceive,
 7        defraud or harm the public, as defined by rule;
 8             (10)  Habitual  intoxication or addiction to the use
 9        of drugs;
10             (11)  A finding by the Board that  an  applicant  or
11        licensee  has  failed  to  pay  a  fine  imposed  by  the
12        Department or a licensee whose license has been placed on
13        probationary status, has violated the terms of probation;
14             (12)  Discipline   by   another   state,  territory,
15        foreign country, the District  of  Columbia,  the  United
16        States  government,  or any other governmental agency, if
17        at least one of the grounds for discipline is the same or
18        substantially equivalent  to  those  set  forth  in  this
19        Section;
20             (13)  Failure  to provide information in response to
21        a written request made by the Department within  30  days
22        after the receipt of such written request; or
23             (14)  Physical   illness,   which   results  in  the
24        inability  to  practice  the  profession  of   structural
25        engineering with reasonable judgment, skill or safety; or
26        including,  but not limited to, deterioration through the
27        aging process or loss of motor skill.
28        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
29    showing of a possible violation may compel a person  licensed
30    to  practice under this Act, or who has applied for licensure
31    or certification pursuant to this Act, to submit to a  mental
32    or  physical  examination, or both, as required by and at the
33    expense of the Department.  The examining physicians shall be
34    those specifically designated by the Board.  The Board or the
                            -106-             LRB9010680NTsbA
 1    Department may  order  the  examining  physician  to  present
 2    testimony  concerning  this mental or physical examination of
 3    the licensee or applicant.  No information shall be  excluded
 4    by  reason  of any common law or statutory privilege relating
 5    to communications between the licensee or applicant  and  the
 6    examining  physician.  The person to be examined may have, at
 7    his or her own expense,  another  physician  of  his  or  her
 8    choice   present  during  all  aspects  of  the  examination.
 9    Failure of any person to  submit  to  a  mental  or  physical
10    examination,  when  directed, shall be grounds for suspension
11    of a license until the person submits to the  examination  if
12    the  Board  finds, after notice and hearing, that the refusal
13    to submit to the examination was without reasonable cause.
14        If the Board finds a person unable to practice because of
15    the reasons set forth in this Section, the Board may  require
16    that  person  to  submit to care, counseling, or treatment by
17    physicians  approved  or  designated  by  the  Board   as   a
18    condition, term, or restriction for continued, reinstated, or
19    renewed   licensure   to  practice;  or,  in  lieu  of  care,
20    counseling, or treatment, the  Board  may  recommend  to  the
21    Department  to  file  a  complaint  to  immediately  suspend,
22    revoke,  or  otherwise  discipline the license of the person.
23    Any person whose license was granted, continued,  reinstated,
24    renewed,  disciplined,  or  supervised subject to such terms,
25    conditions, or restrictions and who fails to comply with such
26    terms, conditions, or restrictions shall be referred  to  the
27    Director  for  a determination as to whether the person shall
28    have his or her  license  suspended  immediately,  pending  a
29    hearing by the Board.
30        (b)  The determination by a circuit court that a licensee
31    is subject to involuntary admission or judicial admission, as
32    provided  in the Mental Health and Developmental Disabilities
33    Code, operates as an automatic suspension.   Such  suspension
34    will  end  only upon a finding by a court that the patient is
                            -107-             LRB9010680NTsbA
 1    no  longer  subject  to  involuntary  admission  or  judicial
 2    admission,  the  issuance  of  an  order   so   finding   and
 3    discharging  the patient, and the recommendation of the Board
 4    to the Director  that  the  licensee  be  allowed  to  resume
 5    practice.
 6        The  Department  may refuse to issue, or may suspend, the
 7    license of any person who fails to file a return, or  to  pay
 8    the  tax,  penalty or interest shown in a filed return, or to
 9    pay any final assessment of  tax,  penalty  or  interest,  as
10    required   by  any  tax  Act  administered  by  the  Illinois
11    Department of Revenue, until such time as the requirements of
12    such tax Act are satisfied.
13        Persons who  assist  the  Department  as  consultants  or
14    expert  witnesses  in  the  investigation  or  prosecution of
15    alleged violations of the Act, licensure matters, restoration
16    proceedings, or criminal prosecutions,  are  not  liable  for
17    damages in any civil action or proceeding as a result of such
18    assistance, except upon proof of actual malice.  The Attorney
19    General of the State of Illinois shall defend such persons in
20    any such action or proceeding.
21    (Source: P.A. 88-428.)
22        Section   60.   The  Private  Detective,  Private  Alarm,
23    Private Security, and Locksmith Act of  1993  is  amended  by
24    changing Section 30 as follows:
25        (225 ILCS 446/30)
26        Sec. 30.  Exemptions. This Act does not apply to:
27        (1)  An  officer  or  employee of the United States, this
28    State, or any  political  subdivision  of  either  while  the
29    officer  or  employee is engaged in the performance of his or
30    her official duties within the course and scope of his or her
31    employment  with  the  United  States,  this  State,  or  any
32    political subdivision of either.   However,  any  person  who
                            -108-             LRB9010680NTsbA
 1    offers  his or her services as a private detective or private
 2    security contractor, or any title when similar  services  are
 3    performed   for   compensation,   fee,   or   other  valuable
 4    consideration, whether received directly  or  indirectly,  is
 5    subject to this Act and its licensing requirements.
 6        (2)  An  attorney-at-law licensed to practice in Illinois
 7    while engaging in the practice of law.
 8        (3)  A person engaged  exclusively  in  the  business  of
 9    obtaining  and  furnishing  information  as  to the financial
10    rating or credit worthiness of  persons;  and  a  person  who
11    provides consumer reports in connection with:
12             (i)  Credit  transactions  involving the consumer on
13        whom the information is to be furnished and involving the
14        extensions of credit to the consumer.
15             (ii)  Information for employment purposes.
16             (iii)  Information for the underwriting of insurance
17        involving the consumer.
18        (4)  Insurance  adjusters  legally  employed   or   under
19    contract   as   adjusters   and   who   engage  in  no  other
20    investigative activities other than those directly  connected
21    with  adjustment  of  claims  against an insurance company or
22    self-insured by which they are employed or  with  which  they
23    have  a  contract.   No  insurance  adjuster  or  company may
24    utilize the term "investigation" or any derivative thereof in
25    its company name or in its advertising  other  than  for  the
26    handling of insurance claims.
27        For  the  purposes  of  this  Code,  "insurance adjuster"
28    includes any person expressly authorized to act on behalf  of
29    an insurance company or self-insured and any employee thereof
30    who acts or appears to act on behalf of the insurance company
31    or  self-insured in matters relating to claims, including but
32    not limited to independent contractors while performing claim
33    services at the direction of the company.
34        (5)  A person  engaged  exclusively  and  employed  by  a
                            -109-             LRB9010680NTsbA
 1    person,  firm, association, or corporation in the business of
 2    transporting persons or property in interstate  commerce  and
 3    making  an  investigation  related  to  the  business of that
 4    employer.
 5        (6)  Any person, watchman, or guard employed  exclusively
 6    and  regularly by one employer in connection with the affairs
 7    of that employer only and there exists  an  employer/employee
 8    relationship.
 9        (7)  Any  law  enforcement  officer,  as  defined  in the
10    Illinois Police Training Act, who has successfully  completed
11    the  requirements  of  basic  law  enforcement  and  firearms
12    training  as  prescribed  by  the  Illinois  Law  Enforcement
13    Training   Standards   Board,  employed  by  an  employer  in
14    connection with the affairs of that employer, provided he  or
15    she  is exclusively employed by the employer during the hours
16    or times he or she is scheduled to work  for  that  employer,
17    and there exists an employer and employee relationship.
18        In  this  subsection  an  "employee"  is  a person who is
19    employed by an employer who has  the  right  to  control  and
20    direct  the  employee  who performs the services in question,
21    not only as to the result to be accomplished by the work, but
22    also as to the details and means by which the result is to be
23    accomplished; and an "employer" is any person or entity, with
24    the exception  of  a  private  detective,  private  detective
25    agency,   private   security   contractor,  private  security
26    contractor agency, private alarm contractor, or private alarm
27    contractor agency, whose purpose it is  to  hire  persons  to
28    perform   the   business  of  a  private  detective,  private
29    detective  agency,  private  security   contractor,   private
30    security  contractor  agency,  private  alarm  contractor, or
31    private alarm contractor agency.
32        (8)  A person who sells burglar alarm  systems  and  does
33    not  install,  monitor,  maintain, alter, repair, service, or
34    respond to burglar alarm systems  at  protected  premises  or
                            -110-             LRB9010680NTsbA
 1    premises to be protected, provided:
 2             (i)  The  burglar  alarm systems are approved either
 3        by Underwriters  Laboratories  or  another  authoritative
 4        source recognized by the Department and are identified by
 5        a federally registered trademark.
 6             (ii)  The  owner  of  the  trademark  has  expressly
 7        authorized  the  person  to  sell  the  trademark owner's
 8        products,  and  the  person  provides   proof   of   this
 9        authorization upon the request of the Department.
10             (iii)  The  owner  of  the  trademark maintains, and
11        provides upon the  Department's  request,  a  certificate
12        evidencing insurance for bodily injury or property damage
13        arising  from  faulty  or defective products in an amount
14        not less than $1,000,000 combined single limit;  provided
15        that  the policy of insurance need not relate exclusively
16        to burglar alarm systems.
17        (9)  A person who sells, installs, maintains, or  repairs
18    automobile alarm systems.
19        (10)  Nothing in this Act prohibits any of the following:
20             (A)  Servicing, installing, repairing, or rebuilding
21        automotive  locks  by automotive service dealers, as long
22        as they do not hold  themselves  out  to  the  public  as
23        locksmiths.
24             (B)  Police, fire, or other municipal employees from
25        opening a lock in an emergency situation, as long as they
26        do not hold themselves out to the public as locksmiths.
27             (C)  Any  merchant  or retail or hardware store from
28        duplicating keys, from installing, servicing,  repairing,
29        rebuilding,   reprogramming,  or  maintaining  electronic
30        garage door devices or  from  selling  locks  or  similar
31        security  accessories  not  prohibited  from  sale by the
32        State of Illinois, as long as they do not hold themselves
33        out to the public as locksmiths.
34             (D)  The installation or removal of  complete  locks
                            -111-             LRB9010680NTsbA
 1        or locking devices by members of the building trades when
 2        doing  so  in the course of residential or commercial new
 3        construction or remodeling, as long as they do  not  hold
 4        themselves out to the public as locksmiths.
 5             (E)  The employees of towing services, repossessors,
 6        or auto clubs from opening automotive locks in the normal
 7        course  of  their  duties,  as  long  as they do not hold
 8        themselves out to the public as locksmiths. Additionally,
 9        this Act shall not prohibit employees of towing  services
10        from  opening  motor vehicle locks to enable a vehicle to
11        be moved without towing, provided that the towing service
12        does not hold itself out to the public,  by  yellow  page
13        advertisement,  through  a  sign at the facilities of the
14        towing service, or  by  any  other  advertisement,  as  a
15        locksmith.
16             (F)  The practice of locksmithing by students in the
17        course  of  study in programs approved by the Department,
18        provided that the students do not hold themselves out  to
19        the public as locksmiths.
20             (G)  Servicing, installing, repairing, or rebuilding
21        locks by a lock manufacturer or anyone employed by a lock
22        manufacturer,  as long as they do not hold themselves out
23        to the public as locksmiths.
24             (H)  The  provision  of  any  of  the  products   or
25        services in the practice of locksmithing as identified in
26        Section 5 of this Act by a business licensed by the State
27        of  Illinois  as  a  private  alarm contractor or private
28        alarm contractor agency, as long as the principal purpose
29        of the  services  provided  to  a  customer  is  not  the
30        practice  of  locksmithing and the business does not hold
31        itself out to the public as a locksmith agency.
32             (I)  Any  maintenance   employee   of   a   property
33        management company at a multi-family residential building
34        from  servicing,  installing, repairing, or opening locks
                            -112-             LRB9010680NTsbA
 1        for tenants as long as the maintenance employee does  not
 2        hold himself or herself out to the public as a locksmith.
 3        (11)  A  person,  firm,  or  corporation  engaged in fire
 4    protection engineering, including the  design,  testing,  and
 5    inspection of fire protection systems.
 6        (12)  The practice of professional engineering as defined
 7    in the Professional Engineering Practice Act of 1989.
 8        (13)  The  practice  of structural engineering as defined
 9    in the Structural Engineering Practice Licensing Act of 1989.
10        (14)  The practice of  architecture  as  defined  in  the
11    Illinois Architecture Practice Act of 1989.
12        (15)  The  activities  of persons or firms licensed under
13    the Illinois Public Accounting Act if performed in the course
14    of their professional practice.
15        (16)  This Act does  not  prohibit  any  persons  legally
16    regulated  in this State under any other Act from engaging in
17    the practice for which they are licensed, provided that  they
18    do  not  represent themselves by any title prohibited by this
19    Act.
20    (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98.)
21        Section 65.  The Professional Geologist Licensing Act  is
22    amended by changing Section 20 as follows:
23        (225 ILCS 745/20)
24        Sec.  20.   Exemptions.   Nothing  in  this  Act shall be
25    construed to restrict the use of  the  title  "geologist"  or
26    similar  words by any person engaged in a practice of geology
27    exempted under this Act, provided the person  does  not  hold
28    himself  or  herself  out  as  being  a licensed professional
29    geologist or does not  practice  professional  geology  in  a
30    manner  requiring  licensure  under this Act.  Performance of
31    the following activities does  not  require  licensure  as  a
32    licensed professional geologist under this Act:
                            -113-             LRB9010680NTsbA
 1        (a)  The  practice of professional geology by an employee
 2    or a subordinate of a licensee under this Act,  provided  the
 3    work  does  not include responsible charge of geological work
 4    and is performed under the direct supervision of  a  licensed
 5    professional geologist who is responsible for the work.
 6        (b)  The practice of professional geology by officers and
 7    employees of the United States government within the scope of
 8    their employment.
 9        (c)  The  practice  of  professional  geology as geologic
10    research to  advance  basic  knowledge  for  the  purpose  of
11    offering    scientific   papers,   publications,   or   other
12    presentations (i) before meetings  of  scientific  societies,
13    (ii)  internal to a partnership, corporation, proprietorship,
14    or government agency, or (iii) for publication in  scientific
15    journals, or in books.
16        (d)  The  teaching  of  geology  in schools, colleges, or
17    universities, as defined by rule.
18        (e)  The practice of professional geology exclusively  in
19    the  exploration  for  or  development of energy resources or
20    base, precious  and  nonprecious  minerals,  including  sand,
21    gravel,  and  aggregate, that does not require, by law, rule,
22    or ordinance, the submission of reports, documents,  or  oral
23    or  written  testimony  to  public agencies.  Public agencies
24    may, by law or  by  rule,  allow  required  oral  or  written
25    testimony,  reports,  permit applications, or other documents
26    based on the science of geology to be submitted  to  them  by
27    persons  not  licensed  under  this  Act.   Unless  otherwise
28    required  by  State  or  federal law, public agencies may not
29    require that the geology-based aspects of testimony, reports,
30    permits, or other  documents  so  exempted  be  reviewed  by,
31    approved,  or  otherwise certified by any person who is not a
32    licensed professional geologist. Licensure  is  not  required
33    for  the submission and review of reports or documents or the
34    provision of oral or written testimony made  under  the  Well
                            -114-             LRB9010680NTsbA
 1    Abandonment  Act,  the  Illinois Oil and Gas Act, the Surface
 2    Coal Mining Land Conservation and  Reclamation  Act,  or  the
 3    Surface-Mined Land Conservation and Reclamation Act.
 4        (f)  The  practice of professional engineering as defined
 5    in the Professional Engineering Practice Act of 1989.
 6        (g)  The practice of structural engineering as defined in
 7    the Structural Engineering Practice Licensing Act of 1989.
 8        (h)  The practice  of  architecture  as  defined  in  the
 9    Illinois Architecture Practice Act of 1989.
10        (i)  The  practice  of  land  surveying as defined in the
11    Illinois Professional Land Surveyor Act of 1989.
12        (j)  The practice of landscape architecture as defined in
13    the Illinois Landscape Architecture Act of 1989.
14    (Source: P.A. 89-366, eff. 7-1-96.)
15        Section 70.  The Environmental Barriers Act is amended by
16    changing Section 7 as follows:
17        (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
18        Sec. 7. Penalties.
19        (a)  Any owner constructing or altering a public facility
20    or constructing a multi-story housing unit  in  violation  of
21    this  Act shall be guilty of a business offense punishable by
22    a fine not to exceed $250 per day, and each day the owner  is
23    in violation of this Act constitutes a separate offense.
24        (b)  Any    architect    or   engineer   negligently   or
25    intentionally stating pursuant to Section 5 of this Act  that
26    a  plan  is in compliance with this Act when such plan is not
27    in compliance shall be subject to a suspension, revocation or
28    refusal  of  restoration  of  his  or  her   certificate   of
29    registration or license pursuant to the Illinois Architecture
30    Practice  Act  of 1989, the Professional Engineering Practice
31    Act of 1989 and the Structural Engineering Practice Licensing
32    Act of 1989.
                            -115-             LRB9010680NTsbA
 1        (c)  Any  person  issuing  a  building  permit  or  other
 2    official authorization for the construction or alteration  of
 3    a  public  facility  or  the  construction  of  a multi-story
 4    housing unit in violation of this Act shall be  guilty  of  a
 5    business offense punishable by a fine not to exceed $1,000.
 6        (d)  The  executive  director  of the Capital Development
 7    Board or any other person may request the State's Attorney of
 8    the county  in  which  the  public  facility  or  multi-story
 9    housing  unit  is  located to initiate prosecution under this
10    Section.
11    (Source: P.A. 86-711; 86-1475; 87-562.)
12        Section 75.  The Professional Service Corporation Act  is
13    amended by changing Section 3.6 as follows:
14        (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
15        Sec.    3.6.     "Related   professions"   and   "related
16    professional services" mean more than  one  personal  service
17    which  requires  as  a  condition  precedent to the rendering
18    thereof the obtaining of a license and which prior to October
19    1, 1973 could not be performed by a corporation by reason  of
20    law;  provided, however, that these terms shall be restricted
21    to:
22             (1)  a combination of two or more of  the  following
23        personal  services:  (a)  "architecture"  as  defined  in
24        Section  5  of  the Illinois Architecture Practice Act of
25        1989,  (b)  "professional  engineering"  as  defined   in
26        Section 4 of the Professional Engineering Practice Act of
27        1989,  (c) "structural engineering" as defined in Section
28        5 of the Structural Engineering Practice Licensing Act of
29        1989, (d) "land surveying" as defined in Section 2 of the
30        Illinois Professional Land Surveyor Act of 1989;  or
31             (2)  a  combination  of   the   following   personal
32        services:  (a)  the  practice  of  medicine in all of its
                            -116-             LRB9010680NTsbA
 1        branches, (b) the practice  of  podiatry  as  defined  in
 2        Section  5 of the Podiatric Medical Practice Act of 1987,
 3        (c) the practice of dentistry as defined in the  Illinois
 4        Dental  Practice  Act,  (d)  the practice of optometry as
 5        defined in the Illinois Optometric Practice Act of 1987.
 6    (Source: P.A. 90-230, eff. 1-1-98.)
 7        Section 999.  Effective  date.   This  Act  takes  effect
 8    January 1, 1999.
                            -117-             LRB9010680NTsbA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.10            from Ch. 127, par. 1904.10
 4    5 ILCS 80/4.19 new
 5    30 ILCS 505/9             from Ch. 127, par. 132.9
 6    30 ILCS 535/15            from Ch. 127, par. 4151-15
 7    30 ILCS 535/65            from Ch. 127, par. 4151-65
 8    50 ILCS 510/3             from Ch. 85, par. 6403
 9    110 ILCS 355/62.1         from Ch. 127, par. 62.1
10    225 ILCS 305/3            from Ch. 111, par. 1303
11    225 ILCS 305/8            from Ch. 111, par. 1308
12    225 ILCS 305/9            from Ch. 111, par. 1309
13    225 ILCS 305/10           from Ch. 111, par. 1310
14    225 ILCS 305/11           from Ch. 111, par. 1311
15    225 ILCS 305/12           from Ch. 111, par. 1312
16    225 ILCS 305/13           from Ch. 111, par. 1313
17    225 ILCS 305/14           from Ch. 111, par. 1314
18    225 ILCS 305/16.5 new
19    225 ILCS 305/19           from Ch. 111, par. 1319
20    225 ILCS 305/21           from Ch. 111, par. 1321
21    225 ILCS 305/22           from Ch. 111, par. 1322
22    225 ILCS 305/38           from Ch. 111, par. 1338
23    225 ILCS 310/4            from Ch. 111, par. 8204
24    225 ILCS 320/3            from Ch. 111, par. 1103
25    225 ILCS 325/3            from Ch. 111, par. 5203
26    225 ILCS 325/4            from Ch. 111, par. 5204
27    225 ILCS 325/5            from Ch. 111, par. 5205
28    225 ILCS 325/6            from Ch. 111, par. 5206
29    225 ILCS 325/7            from Ch. 111, par. 5207
30    225 ILCS 325/8            from Ch. 111, par. 5208
31    225 ILCS 325/10           from Ch. 111, par. 5210
32    225 ILCS 325/12           from Ch. 111, par. 5212
33    225 ILCS 325/14           from Ch. 111, par. 5214
34    225 ILCS 325/15           from Ch. 111, par. 5215
                            -118-             LRB9010680NTsbA
 1    225 ILCS 325/17.5 new
 2    225 ILCS 325/20           from Ch. 111, par. 5220
 3    225 ILCS 325/23           from Ch. 111, par. 5223
 4    225 ILCS 325/24           from Ch. 111, par. 5224
 5    225 ILCS 325/44           from Ch. 111, par. 5244
 6    225 ILCS 325/47           from Ch. 111, par. 5247
 7    225 ILCS 330/4            from Ch. 111, par. 3254
 8    225 ILCS 330/6            from Ch. 111, par. 3256
 9    225 ILCS 330/7            from Ch. 111, par. 3257
10    225 ILCS 330/8            from Ch. 111, par. 3258
11    225 ILCS 330/10           from Ch. 111, par. 3260
12    225 ILCS 330/12           from Ch. 111, par. 3262
13    225 ILCS 330/13           from Ch. 111, par. 3263
14    225 ILCS 330/14           from Ch. 111, par. 3264
15    225 ILCS 330/15           from Ch. 111, par. 3265
16    225 ILCS 330/18.5 new
17    225 ILCS 330/21           from Ch. 111, par. 3271
18    225 ILCS 330/25           from Ch. 111, par. 3275
19    225 ILCS 330/27           from Ch. 111, par. 3277
20    225 ILCS 330/48           from Ch. 111, par. 3298
21    225 ILCS 340/2            from Ch. 111, par. 6602
22    225 ILCS 340/4            from Ch. 111, par. 6604
23    225 ILCS 340/6            from Ch. 111, par. 6606
24    225 ILCS 340/7            from Ch. 111, par. 6607
25    225 ILCS 340/8            from Ch. 111, par. 6608
26    225 ILCS 340/9            from Ch. 111, par. 6609
27    225 ILCS 340/10           from Ch. 111, par. 6610
28    225 ILCS 340/11           from Ch. 111, par. 6611
29    225 ILCS 340/12           from Ch. 111, par. 6612
30    225 ILCS 340/14.5 new
31    225 ILCS 340/16           from Ch. 111, par. 6616
32    225 ILCS 340/17           from Ch. 111, par. 6617
33    225 ILCS 340/19           from Ch. 111, par. 6619
34    225 ILCS 340/20           from Ch. 111, par. 6620
                            -119-             LRB9010680NTsbA
 1    225 ILCS 446/30
 2    225 ILCS 745/20
 3    410 ILCS 25/7             from Ch. 111 1/2, par. 3717
 4    805 ILCS 10/3.6           from Ch. 32, par. 415-3.6

[ Top ]