Public Act 93-0467

SB698 Enrolled                       LRB093 10653 AMC 10975 b

    AN ACT concerning land surveyors.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Professional Land  Surveyor  Act
of 1989 is amended by changing Sections 1, 3, 4, 5, 6, 8, 12,
15, 20, 29, 45, and 49 as follows:

    (225 ILCS 330/1) (from Ch. 111, par. 3251)
    (Section scheduled to be repealed on January 1, 2010)
    Sec.  1.   Declaration of public policy.  The practice of
land surveying in the State of Illinois is hereby declared to
affect the public health,  safety,  and  welfare  and  to  be
subject to regulation and control in the public interest.  It
is  further  declared  that  the  determination  and physical
protraction of land boundaries, together with  the  attendant
preparation  of  legal  descriptions  and  plats,  which bear
witness for posterity and become part of the public record to
chronicle the acts and wishes of landowners  throughout  this
State is a matter of public interest and concern.  Therefore,
it  is  in  the  public  interest  that  the practice of land
surveying, as defined in this  Act,  merit  and  receive  the
confidence  of the public, and that only qualified persons be
authorized  to  practice  land  surveying  in  the  State  of
Illinois.  This Act shall  be  liberally  construed  to  best
carry out this purpose.
(Source: P.A. 86-987.)

    (225 ILCS 330/3) (from Ch. 111, par. 3253)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 3.  Exceptions.  This Act does not prohibit: (a) any
person  licensed  in  this  State  under  any  other Act from
engaging in the practice for which that person is licensed.;
    (b)  An individual, firm, or corporation engaged  in  any
line  of  business  other than the practice of land surveying
from employing a  licensed  land  surveyor  to  perform  land
surveying  services  directly  incidental  to the business of
that individual, firm, or corporation.
(Source: P.A. 86-987.)

    (225 ILCS 330/4) (from Ch. 111, par. 3254)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 4.  Definitions.  As used in this Act:
    (a)  "Department" means the  Department  of  Professional
Regulation.
    (b)  "Director"   means   the  Director  of  Professional
Regulation.
    (c)  "Board" means the Land Surveyors Licensing Board.
    (d)  "Direct supervision and control" means the  personal
review  by  a  Licensed  Professional  Land  Surveyor of each
survey, including, but not limited to, procurement, research,
field work, calculations, preparation of  legal  descriptions
and  plats.  The personal review shall be of such a nature as
to assure the client that the Professional Land  Surveyor  or
the firm for which the Professional Land Surveyor is employed
is the provider of the surveying services.
    (e)  "Responsible charge" means an individual responsible
for  the  various  components  of  the land survey operations
subject  to  the  overall  supervision  and  control  of  the
Professional Land Surveyor.
    (f)  "Design  professional"  means   a   land   surveyor,
architect,  structural  engineer,  or  professional  engineer
licensed   practicing  in  conformance  with  this  Act,  the
Illinois Architecture Practice Act of  1989,  the  Structural
Engineering   Practice  Act  of  1989,  or  the  Professional
Engineering Practice Act of 1989.
    (g)  "Professional  Land  Surveyor"  means   any   person
licensed  under the laws of the State of Illinois to practice
land surveying, as defined by this Act or its rules.
    (h)  "Land   Surveyor-in-Training"   means   any   person
licensed under the laws of the  State  of  Illinois  who  has
qualified  for,  taken,  and  passed  an  examination  in the
fundamental land surveyor-in-training subjects as provided by
this Act or its rules.
    (i)  "Land surveying experience" means  those  activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's  broad  range  of training in and exposure to the
prevailing practice of land surveying.
(Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00; 92-16,
eff. 6-28-01.)

    (225 ILCS 330/5) (from Ch. 111, par. 3255)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 5.  Practice of land surveying defined.  Any one  or
combination   of  the  following  practices  constitutes  the
practice of land surveying:
    (a)  Surveying, preparation of boundary descriptions  and
measuring the area of any portion of the earth's surface, the
lengths  and directions of the boundary lines, or the contour
of the surface for their determination  and  description  for
conveying   or   for   recording,   or  for  Establishing  or
reestablishing, locating, defining, and making or monumenting
land boundaries or  lines  and  the  platting  of  lands  and
subdivisions;
    (b)  Establishing  Surveying  and  measuring  the area or
volume of any portion of the earth's surface, subsurface,  or
surveying  and measuring an area of the airspace with respect
to boundary lines, determining the configuration or  contours
of  any  portion  of  the  earth's  surface,  subsurface,  or
airspace  or the location of fixed objects thereon, except as
performed by photogrammetric methods or except when the level
of accuracy required is less than the  American  Congress  on
Surveying  and  Mapping-designated  Classes of Surveying over
the earth's surface, to determine the  location  of  property
rights;
    (c)  Preparing  descriptions  for  the  determination  of
title rights to any portion or volume of the earth's surface,
subsurface,  or  airspace involving the lengths and direction
of boundary lines, areas, parts of  platted  parcels  or  the
contours  of  the  earth's  surface,  subsurface, or airspace
Preparing, and attesting to the accuracy of, a  map  or  plat
showing  the  land  boundaries  or  lines  and  the marks and
monuments of the boundaries, or of a map or plat showing  the
boundaries of subsurface or air rights;
    (d)  Executing  and  issuing  certificates, endorsements,
reports, or plats  which  portray  the  relationship  between
existing  physical  objects  or  structures  and  one or more
corners or  boundaries  of  any  tract  or  lot  of  land  or
boundaries  of  a  portion  of  the  surface,  subsurface, or
airspace;
    (d)  (e)  Labeling,  designating,  naming,  or  otherwise
identifying legal lines, property lines or land  title  lines
of  the  United  States Rectangular System or any subdivision
thereof on any photograph, photographic composite, or  mosaic
or  photogrammetric map of any portion of the earth's surface
for the purpose of  recording  the  same  in  the  Office  of
Recorder or Registrar of Titles in any county;
    (f)  Determining   the   position  for  any  monument  or
reference point which marks a  property  line,  boundary,  or
corner,  or  to  set,  reset,  or replace any the monument or
reference point on any property;
    (g)  Acting in direct supervision  and  control  of  land
surveying  activities or conducting as a manager in any place
of business  which  solicits,  performs,  or  practices  land
surveying;
    (e)  (h)  Any act or combination of acts that which would
be viewed as offering professional  land  surveying  services
including:
         (1)  setting  monuments which have the appearance of
    or for the express purpose of  marking  land  boundaries,
    either directly or as an accessory; or
         (2)  providing   any   sketch,  map,  plat,  report,
    monument record, or other document which  indicates  land
    boundaries and monuments, or accessory monuments thereto,
    except  that  if  the sketch, map, plat, report, monument
    record, or other  document  is  a  copy  of  an  original
    prepared  by  a Professional Land Surveyor, and if proper
    reference to that fact be made on that document;
    (f)  Determining  the  position  for  any   monument   or
reference point that marks a title line, boundary, or corner,
or  to set, reset, or replace any monument or reference point
on any property;
    (g)  Creating,  preparing,  or  modifying  electronic  or
computerized data relative to the performance  of  activities
in  items  (a)  through  (f)  of  this  Section, except where
electronic means or computerized data is  otherwise  utilized
to  integrate,  display,  represent,  or  assess the created,
prepared, or modified data;
    (h)  Establishing any control  network  or  adjusting  of
cadastral  data  as  it  pertains to items (a) through (g) of
this Section;
    (i)  Preparing and attesting to the accuracy of a map  or
plat  showing  the  land  boundaries  or  lines and marks and
monuments of the boundaries or of a map or plat  showing  the
boundaries of surface, subsurface, or air rights;
    (j)  Executing  and  issuing  certificates, endorsements,
reports, or  plats  that  portray  the  relationship  between
existing  physical  objects  or  structures  and  one or more
corners or boundaries of any portion of the earth's  surface,
subsurface, or airspace;
    (k)  Acting  in  direct  supervision  and control of land
surveying activities or acting as a manager in any  place  of
business   that   solicits,   performs,   or  practices  land
surveying;
    (l) (i)  Offering or soliciting to  perform  any  of  the
services set forth in this Section.
(Source: P.A. 86-987.)

    (225 ILCS 330/6) (from Ch. 111, par. 3256)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 6.  Powers and duties of the Department.
    (a)  The  Department shall exercise the powers and duties
prescribed by The Illinois Administrative Procedure  Act  for
the  administration  of licensing Acts.  The Department shall
also exercise, subject to the provisions  of  this  Act,  the
following powers and duties:
         (1)  Conduct  or authorize examinations to ascertain
    the  fitness  and  qualifications   of   applicants   for
    licensure and issue licenses to those who are found to be
    fit and qualified.
         (2)  Prescribe rules for a method of examination.
         (3)  Conduct  hearings  on  proceedings  to  revoke,
    suspend, or refuse to issue, renew, or restore a license,
    or other disciplinary actions.
         (4)  Promulgate  rules  and regulations required for
    the administration of this Act.
         (5)  License corporations and partnerships  for  the
    practice of professional surveying and issue a license to
    those who qualify.
         (6)  Prescribe,  adopt,  and  amend rules as to what
    shall  constitute  a   surveying   or   related   science
    curriculum,  determine if a specific surveying curriculum
    is in  compliance  with  the  rules,  and  terminate  the
    approval   of   a   specific   surveying  curriculum  for
    non-compliance with such rules.
         (7)  Maintain membership in the National Council  of
    Engineering  Examiners  or  a  similar  organization  and
    participate  in activities of the Council or organization
    by    designating    individuals    for    the    various
    classifications of membership and appoint  delegates  for
    attendance  at  zone and national meetings of the Council
    or organization.
         (8)  Obtain written recommendations from  the  Board
    regarding  qualification  of  individuals  for licensing,
    definition  of  curriculum  content   and   approval   of
    surveying  curriculums, standards of professional conduct
    and disciplinary actions, promulgate and amend the  rules
    affecting  these  matters,  and consult with the Board on
    other matters affecting administration of the Act.
    (a-5)  The Department may promulgate rules for a Code  of
Ethics  and  Standards  of Practice to be followed by persons
licensed under this Act.  The Department shall  consider  the
recommendations  of  the  Board  in  establishing the Code of
Ethics and Standards of Practice.
    (b)  The Department  shall  consult  with  the  Board  in
promulgating  rules.   Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review  the
Board's response and recommendations.
    (c)  The    Department    shall    review   the   Board's
recommendation  of  the  applicants'   qualifications.    The
Director   shall   notify   the  Board  in  writing  with  an
explanation of any deviation from the Board's recommendation.
After review of the Director's written explanation of his  or
her   reasons   for  deviation,  the  Board  shall  have  the
opportunity to comment upon the Director's decision.
    Whenever the Director is not satisfied  that  substantial
justice  has  been  done in the revocation or suspension of a
license, or other disciplinary action the Director may  order
re-hearing by the same or other boards.
    None  of  the  functions,  powers or duties enumerated in
this Section shall be exercised by the Department except upon
the action and report in writing of the Board.
(Source: P.A. 91-132, eff. 1-1-00.)

    (225 ILCS 330/8) (from Ch. 111, par. 3258)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 8.  Powers and duties of the Board; quorum.  Subject
to the provisions of this Act, the Board shall  exercise  the
following functions, powers, and duties:
         (a)  Review  education and experience qualifications
    of applicants to determine eligibility as a  Professional
    Land  Surveyor or Land Surveyor-in-Training and submit to
    the  Director  written   recommendations   on   applicant
    qualifications for licensing;
         (b)  Conduct hearings regarding disciplinary actions
    and  submit  a written report to the Director as required
    by this Act  and  provide  a  Board  member  at  informal
    conferences;
         (c)  Visit  universities  or  colleges  to  evaluate
    surveying  curricula and submit to the Director a written
    recommendation of acceptability of the curriculum;
         (d)  Submit a written recommendation to the Director
    concerning promulgation or amendment  of  rules  for  the
    administration of this Act;
         (e)  The  Department may at any time seek the expert
    advice and knowledge of the Board on any matter  relating
    to the enforcement of this Act;
         (f)  The  Board  may appoint a subcommittee to serve
    as a Complaint Committee to recommend the disposition  of
    case files according to procedures established by rule;
         (g)  Hold  at  least 4 3 regular meetings each year;
    and
         (h)  The Board shall annually  elect  a  Chairperson
    and  a  Vice  Chairperson  who shall be licensed Illinois
    Professional Land Surveyors.
    A quorum of the Board shall  consist  of  a  majority  of
Board members appointed.
(Source: P.A. 91-132, eff. 1-1-00.)

    (225 ILCS 330/12) (from Ch. 111, par. 3262)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 12.  Qualifications for licensing.
    (a)  A  person  is  qualified  to  receive a license as a
Professional Land Surveyor and the Department shall  issue  a
license to a person:
         (1)  who has applied in writing in the required form
    and substance to the Department;
         (2)  (blank);
         (3)  who is of good moral character;
         (4)  who  has  been  issued  a  license  as  a  Land
    Surveyor-in-Training;
         (5)  who,  subsequent  to passing an examination for
    licensure as a Surveyor-In-Training, has at least 4 years
    of  responsible   charge   experience   verified   by   a
    professional  land  surveyor  in  direct  supervision and
    control of his or her activities has at least 4 years  of
    responsible  charge  experience, subsequent to passage of
    an    examination    for    licensure    as    a     Land
    Surveyor-in-Training,  verified  by  a  Professional Land
    Surveyor  in  responsible  charge   of   land   surveying
    operations  under the direct supervision and control of a
    Professional Land Surveyor; and
         (6)  who has passed an examination authorized by the
    Department to determine his or her fitness to  receive  a
    license as a Professional Land Surveyor.
    (b)  A person is qualified to receive a license as a Land
Surveyor-in-Training and the Department shall issue a license
to a person:
         (1)  who has applied in writing in the required form
    and substance to the Department;
         (2)  (blank);
         (3)  who is of good moral character;
         (4)  who  has the required education as set forth in
    this Act; and
         (5)  who has passed an examination authorized by the
    Department to determine his or her fitness to  receive  a
    license as a Land Surveyor-in-Training in accordance with
    this Act.
    In  determining  moral  character under this Section, the
Department may take into consideration whether the  applicant
has  engaged  in  conduct  or  actions  that would constitute
grounds for discipline under this Act.
(Source: P.A. 91-132, eff. 1-1-00.)

    (225 ILCS 330/15) (from Ch. 111, par. 3265)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 15.  Seal.  Every Professional Land  Surveyor  shall
have  a reproducible seal or facsimile, which may be computer
generated, the impression of which shall contain the name  of
the  land surveyor, his or her place of business, the license
number, of the Professional  Land  Surveyor,  and  the  words
"Professional  Land Surveyor, State of Illinois".  Signatures
generated by computer or rubber stamp shall not be permitted.
A  Professional  Land  Surveyor  shall  seal  all   documents
prepared  by  or  under the direct supervision and control of
the Professional Land  Surveyor.    Any  seal  authorized  or
approved  by the Department under the Illinois Land Surveyors
Act shall serve the same purpose as the seal provided for  by
this  Act.  Signatures  generated  by  computer  shall not be
permitted.  The licensee's  written  signature  and  date  of
signing  along  with  the date of license expiration shall be
placed adjacent to the seal.
(Source: P.A. 90-655, eff. 7-30-98; 91-132, eff. 1-1-00.)

    (225 ILCS 330/20) (from Ch. 111, par. 3270)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20.  Endorsement.  Upon payment of the required fee,
an applicant who is a Professional Land Surveyor, registered,
licensed, or otherwise legally recognized as a Land  Surveyor
under  the  laws  of another state or territory of the United
States may be granted a license as an  Illinois  Professional
Land  Surveyor  by  the Department with approval of the Board
upon the following conditions:
         (a)  That the applicant meets the  requirements  for
    licensing  in  this  State, and that the requirements for
    licensing or other legal recognition of Land Surveyors in
    the particular state or territory were, at  the  date  of
    issuance of the license or certificate, equivalent to the
    requirements then in effect in the State of Illinois; and
         (b)  That  the  applicant  passes  a  jurisdictional
    examination to determine the applicant's knowledge of the
    surveying  tasks  unique to the State of Illinois and the
    laws pertaining thereto.
(Source: P.A. 90-602, eff. 6-26-98; 91-132, eff. 1-1-00.)

    (225 ILCS 330/29) (from Ch. 111, par. 3279)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 29.  Investigations; notice and hearing.  A  license
or  registration  issued under the provisions of this Act may
be revoked, suspended, not renewed or restored, or  otherwise
disciplined,  or applications for license or registration may
be refused, in  the  manner  set  forth  in  this  Act.   The
Department  may,  upon  its  own  action, and shall, upon the
verified complaint in writing of  any  person  setting  forth
facts   which,   if  proven,  would  constitute  grounds  for
discipline, investigate the actions of any  person  or  other
entity  holding,  applying for or claiming to hold a license,
or practicing or offering to practice land surveying.  Before
the initiation of  an  investigation,  the  matter  shall  be
reviewed   by  a  subcommittee  of  the  Board  according  to
procedures established by rule for the  Complaint  Committee.
The  Department  shall,  before  refusing  to issue, renew or
restore, suspending or revoking any license or  registration,
or  imposing  any other disciplinary action, at least 30 days
prior to the date set for  the  hearing,  notify  the  person
accused  in  writing of any charges made and shall direct the
person or entity to file a written answer to the Board  under
oath  within  20  days  after  the  service of the notice and
inform the person or entity that  if  the  person  or  entity
fails  to  file  an answer default will be taken and that the
license or certificate may be suspended, revoked,  placed  on
probationary  status,  or  other  disciplinary  action may be
taken, including limiting the  scope,  nature  or  extent  of
practice,  as  the  Director  may deem proper. The Department
shall afford the accused person or entity an  opportunity  to
be  heard in person or by counsel in reference to the charges
changes. This  written  notice  may  be  served  by  personal
delivery to the accused person or entity or certified mail to
the last address specified by the accused person or entity in
the  last  notification to the Department. In case the person
or entity fails to file an answer after receiving notice, his
or her license or certificate may, in the discretion  of  the
Department,  be suspended, revoked, or placed on probationary
status, or the  Department  may  take  whatever  disciplinary
action  deemed  proper, including limiting the scope, nature,
or extent of the person's practice or  the  imposition  of  a
fine,   without  a  hearing,  if  the  act  or  acts  charged
constitute sufficient grounds for such action under this Act.
At the time and place fixed in the notice,  the  Board  shall
hear  the  charges  and the accused person or entity shall be
accorded  ample  opportunity  to  present   any   statements,
testimony,  evidence  and  argument as may be relevant to the
charges or their defense.  The Board may continue the hearing
from time to time.
    The Board may from time to time and in co-operation  with
the   Department's  legal  advisors  employ  individual  land
surveyors  possessing  the  same  minimum  qualifications  as
required  for   Board   candidates   to   assist   with   its
investigative duties.
    Persons  who  assist  the  Department  as  consultants or
expert witnesses  in  the  investigation  or  prosecution  of
alleged violations of the Act, licensure matters, restoration
proceedings,  or  criminal  prosecutions,  are not liable for
damages in any civil action or  proceeding  as  a  result  of
their  assistance,  except  upon proof of actual malice.  The
Attorney General shall  defend  these  persons  in  any  such
action or proceeding.
(Source: P.A. 87-1031; 88-428.)

    (225 ILCS 330/45) (from Ch. 111, par. 3295)
    (Section scheduled to be repealed on January 1, 2010)
    Sec.  45.   Entry  upon  adjoining  land;  Liability  for
damages.   A Professional Land Surveyor, or persons under his
direct supervision, together with his survey party,  who,  in
the  course of making a survey, finds it necessary to go upon
the land of a party or parties other than the  one  for  whom
the  survey is being made is not liable for civil or criminal
trespass as a trespasser and is liable only  for  any  actual
damage done to the land or property.
(Source: P.A. 86-987.)
    (225 ILCS 330/49) (from Ch. 111, par. 3299)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 49.  The provisions of this Act, insofar as they are
the  same or substantially the same as those of any prior law
concerning  the  licensure  of  land  surveyors,   shall   be
construed  as  a  continuation of such prior law and not as a
new enactment.
    Any existing injunction or  temporary  restraining  order
validly  obtained under the Illinois Land Surveyors Act which
prohibits  the  unlicensed  unregistered  practice  of   land
surveying  or  prohibits  or  requires  any  other conduct in
connection with  the  practice  of  land  surveying,  or  any
disciplinary  action  begun under the Illinois Land Surveyors
Act are not invalidated by the  enactment  of  this  Act  and
shall continue to have full force and effect on and after the
effective date of this Act.  All certificates of registration
and  enrollments  in  effect  on  December  31,  1989  issued
pursuant  to  the  Illinois Land Surveyors Act are reinstated
under this Act for the balance of the  term  for  which  last
issued.   All rules and regulations in effect on December 31,
1989 and promulgated pursuant to the Illinois Land  Surveyors
Act  shall  remain  in full force and effect on and after the
effective date of this Act without being promulgated again by
the Department,  except  to  the  extent  any  such  rule  or
regulation is inconsistent with any provision of this Act.
(Source: P.A. 86-987.)