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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Professional Land Surveyor Act of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 1989 is amended by changing Sections 1, 4, 5, 8, 11, 12, 13, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 14, 16, 16.5, 17, 18, 23, 40, 44, and 48 as follows:
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7 | (225 ILCS 330/1) (from Ch. 111, par. 3251)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 1. Declaration of public policy. The practice of land | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | surveying
in the State of Illinois is hereby declared to affect | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the public health,
safety, and welfare and to be subject to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | regulation and control in the
public interest. It is further | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | declared
that the determination and physical protraction of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | land
boundaries using the appropriate application of boundary | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | law principles , together with the attendant preparation of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | legal descriptions
and plats, which bear witness for posterity | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | to chronicle the acts and wishes of landowners throughout this
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | State is a matter of public interest and concern. Therefore, it | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | is in the
public interest that the practice of land surveying, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | as defined in this Act,
merit and receive the confidence of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | public, and that only qualified persons
be authorized to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | practice land surveying in the State of Illinois. This
Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | shall be liberally construed to best carry out this purpose.
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| |||||||
1 | (Source: P.A. 93-467, eff. 1-1-04 .)
| ||||||
2 | (225 ILCS 330/4) (from Ch. 111, par. 3254)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 4. Definitions. As used in this Act:
| ||||||
5 | (a) "Department" means the Department of Financial and | ||||||
6 | Professional Regulation.
| ||||||
7 | (b) "Secretary" means the Secretary of the Department of | ||||||
8 | Financial and Professional Regulation.
| ||||||
9 | (c) "Board" means the Land Surveyors Licensing Board.
| ||||||
10 | (d) "Direct supervision and control" means the personal | ||||||
11 | review by a
Licensed Professional Land Surveyor of each survey, | ||||||
12 | including, but not
limited to, procurement, research, field | ||||||
13 | work, calculations, preparation of
legal descriptions and | ||||||
14 | plats. The personal review shall be of such a
nature as to | ||||||
15 | assure the client that the Professional Land Surveyor or the
| ||||||
16 | firm for which the Professional Land Surveyor is employed is | ||||||
17 | the provider
of the surveying services.
| ||||||
18 | (e) "Responsible charge" means an individual responsible | ||||||
19 | for the various
components of the land survey operations | ||||||
20 | subject to the overall supervision
and control of the | ||||||
21 | Professional Land Surveyor.
| ||||||
22 | (f) "Design professional" means a land surveyor, | ||||||
23 | architect, structural
engineer, or professional engineer | ||||||
24 | licensed in conformance
with this Act,
the Illinois | ||||||
25 | Architecture Practice Act of 1989, the
Structural Engineering |
| |||||||
| |||||||
1 | Practice Act of 1989, or the
Professional Engineering Practice | ||||||
2 | Act of 1989.
| ||||||
3 | (g) "Professional Land Surveyor" means any person licensed | ||||||
4 | under the
laws of the State of Illinois to practice land | ||||||
5 | surveying, as defined by
this Act or its rules.
| ||||||
6 | (h) "Surveyor Intern" "Land Surveyor-in-Training" means | ||||||
7 | any person licensed under the laws
of the State of Illinois who | ||||||
8 | has qualified for, taken, and passed an
examination in the | ||||||
9 | fundamental land surveying surveyor-in-training subjects as
| ||||||
10 | provided by this Act or its rules.
| ||||||
11 | (i) "Land surveying experience" means those activities | ||||||
12 | enumerated in
Section 5 of this Act, which, when exercised in | ||||||
13 | combination, to the
satisfaction of the Board, is proof of an | ||||||
14 | applicant's broad range of
training in and exposure to the | ||||||
15 | prevailing practice of land surveying.
| ||||||
16 | (j) "Address of record" means the designated address | ||||||
17 | recorded by the Department in the applicant's or licensee's | ||||||
18 | application file or license file maintained by the Department's | ||||||
19 | licensure maintenance unit. It is the duty of the applicant or | ||||||
20 | licensee to inform the Department of any change of address, and | ||||||
21 | such changes must be made either through the Department's | ||||||
22 | website or by contacting the Department's licensure | ||||||
23 | maintenance unit. | ||||||
24 | (k) "Standard of care" means the use of the same degree of | ||||||
25 | knowledge, skill, and ability as an ordinarily careful and | ||||||
26 | reasonable professional land surveyor would exercise under |
| |||||||
| |||||||
1 | similar circumstances. | ||||||
2 | (l) "Establishing" means performing an original survey. An | ||||||
3 | original survey establishes boundary lines within an original | ||||||
4 | division of a tract of land which has theretofore existed as | ||||||
5 | one unit or parcel and describing and monumenting a line or | ||||||
6 | lines of a parcel or tract of land on the ground for the first | ||||||
7 | time. An original surveyor is the creator of one or more new | ||||||
8 | boundary lines. | ||||||
9 | (m) "Reestablishing" or "locating" means performing a | ||||||
10 | retracement survey. A retracement survey tracks the footsteps | ||||||
11 | of the original surveyor, locating boundary lines and corners | ||||||
12 | which have been established by the original survey. A | ||||||
13 | retracement survey cannot establish new corners or lines or | ||||||
14 | correct errors of the original survey. | ||||||
15 | (n) "Boundary law principles" means applying the | ||||||
16 | decisions, results, and findings of land boundary cases that | ||||||
17 | concern the establishment of boundary lines and corners. | ||||||
18 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
19 | (225 ILCS 330/5) (from Ch. 111, par. 3255)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 5. Practice of land surveying defined. Any person who | ||||||
22 | practices in Illinois as a professional land surveyor who | ||||||
23 | renders, offers to render, or holds himself or herself out as | ||||||
24 | able to render, or perform any service, the adequate | ||||||
25 | performance of which involves the special knowledge of the art |
| |||||||
| |||||||
1 | and application of the principles of the accurate and precise | ||||||
2 | measurement of length, angle, elevation or volume, | ||||||
3 | mathematics, the related physical and applied sciences, and the | ||||||
4 | relevant requirements of applicable boundary law principles | ||||||
5 | and performed with the appropriate standard of care , all of | ||||||
6 | which are acquired by education, training, experience, and | ||||||
7 | examination. Any one or combination
of the following practices | ||||||
8 | constitutes the practice of land surveying:
| ||||||
9 | (a) Establishing or
reestablishing, locating, | ||||||
10 | defining, and making or monumenting land
boundaries or | ||||||
11 | title or real property lines and the platting of lands and | ||||||
12 | subdivisions;
| ||||||
13 | (b) Determining Establishing the area or volume of
any | ||||||
14 | portion of the earth's surface, subsurface, or airspace | ||||||
15 | with respect to boundary lines,
determining the | ||||||
16 | configuration or contours of any portion of the earth's
| ||||||
17 | surface, subsurface, or airspace or the location of fixed | ||||||
18 | objects thereon,
except as performed by photogrammetric | ||||||
19 | methods by professionals holding certification from the | ||||||
20 | American Society of Photogrammetry and Remote Sensing,
or | ||||||
21 | except when the level of accuracy required is
less than the | ||||||
22 | level of accuracy required by the National Society of | ||||||
23 | Professional Surveyors Model Standards and Practice;
| ||||||
24 | (c) Preparing descriptions for the determination of | ||||||
25 | title or real property rights to any
portion or volume of | ||||||
26 | the earth's surface, subsurface, or airspace involving the
|
| |||||||
| |||||||
1 | lengths and direction of boundary lines, areas, parts of | ||||||
2 | platted parcels or the
contours of the earth's surface, | ||||||
3 | subsurface, or airspace;
| ||||||
4 | (d) Labeling, designating, naming, preparing, or | ||||||
5 | otherwise identifying
legal lines or land title lines of | ||||||
6 | the United States
Rectangular System
or any subdivision | ||||||
7 | thereof on any plat, map, exhibit, photograph, | ||||||
8 | photographic composite, or
mosaic or photogrammetric map | ||||||
9 | of any portion of the earth's surface for the
purpose of | ||||||
10 | recording and amending the same by the issuance of a | ||||||
11 | certificate of correction in the Office of Recorder in any | ||||||
12 | county;
| ||||||
13 | (e) Any act or combination of acts that would be
viewed | ||||||
14 | as
offering
professional land surveying services | ||||||
15 | including:
| ||||||
16 |
(1) setting monuments which have the appearance of | ||||||
17 | or for the express
purpose of marking land boundaries, | ||||||
18 | either directly or as an accessory;
| ||||||
19 |
(2) providing any sketch, map, plat, report, | ||||||
20 | monument record, or other
document which indicates | ||||||
21 | land boundaries and monuments, or accessory
monuments | ||||||
22 | thereto, except that if the sketch, map, plat, report, | ||||||
23 | monument
record, or other document is a copy of an | ||||||
24 | original prepared by a
Professional Land Surveyor, and | ||||||
25 | if proper reference to that fact be made on
that | ||||||
26 | document;
|
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| |||||||
1 | (3) performing topographic surveys, with the | ||||||
2 | exception of a licensed professional engineer | ||||||
3 | knowledgeable in topographical surveys that performs a | ||||||
4 | topographical survey specific to his or her design | ||||||
5 | project. A licensed professional engineer may not, | ||||||
6 | however, offer topographic surveying services that are | ||||||
7 | independent of his or her specific design project; or | ||||||
8 | (4) locating, relocating, establishing, | ||||||
9 | reestablishing re-establishing , retracing, laying out, | ||||||
10 | or staking of the location, alignment, or elevation of | ||||||
11 | any existing or proposed improvements whose location | ||||||
12 | is dependent upon property , easement, and right-of-way | ||||||
13 | boundaries lines ; | ||||||
14 | (5) providing consultation, investigation, | ||||||
15 | testimony evaluation, expert technical testimony, | ||||||
16 | planning, mapping, assembling, and interpreting | ||||||
17 | gathered measurements and evidence related to the | ||||||
18 | location of property, easement, and right-of-way | ||||||
19 | boundaries; or | ||||||
20 | (6) measuring, evaluating, mapping, or reporting | ||||||
21 | the location of existing or proposed buildings, | ||||||
22 | structures, or other improvements or their surrounding | ||||||
23 | topography with respect to current flood insurance | ||||||
24 | rate mapping or federal emergency management agency | ||||||
25 | mapping along with locating of inland wetland | ||||||
26 | boundaries delineated by a qualified specialist in |
| |||||||
| |||||||
1 | relation to the location of property, easement, and | ||||||
2 | right-of-way boundaries. | ||||||
3 | (f) Determining the horizontal or vertical position or | ||||||
4 | state plane coordinates for any monument or reference point | ||||||
5 | that
marks a title or real property line, boundary, or | ||||||
6 | corner, or to set, reset, or replace any
monument or | ||||||
7 | reference point on any title or real property;
| ||||||
8 | (g) Creating, preparing, or modifying electronic or | ||||||
9 | computerized data
or maps, including land information | ||||||
10 | systems and geographic information systems, relative to | ||||||
11 | the performance of activities in items (a), (b), (d), (e), | ||||||
12 | (f), and (h) of this
Section, except where
electronic means | ||||||
13 | or computerized data is otherwise utilized to integrate,
| ||||||
14 | display, represent, or assess the created, prepared, or | ||||||
15 | modified data;
| ||||||
16 | (h) Determining Establishing or adjusting any control | ||||||
17 | network or any geodetic control network or cadastral data | ||||||
18 | as it
pertains to items (a) through (g) of this Section | ||||||
19 | together with the assignment of measured values to any | ||||||
20 | United States Rectangular System corners, title or real | ||||||
21 | property corner monuments or geodetic monuments;
| ||||||
22 | (i) Preparing and attesting to the accuracy of a map or | ||||||
23 | plat showing the
land boundaries or lines and marks and | ||||||
24 | monuments of the boundaries or of a map
or plat showing the | ||||||
25 | boundaries of surface, subsurface, or air rights;
| ||||||
26 | (j) Executing and issuing certificates, endorsements, |
| |||||||
| |||||||
1 | reports, or plats
that
portray the horizontal or vertical | ||||||
2 | relationship between existing physical objects or | ||||||
3 | structures and
one or more corners, datums, or boundaries | ||||||
4 | of any portion of the earth's surface,
subsurface, or | ||||||
5 | airspace;
| ||||||
6 | (k) Acting in direct supervision and control of land | ||||||
7 | surveying activities or
acting as a manager in any place of | ||||||
8 | business that solicits, performs, or
practices land | ||||||
9 | surveying;
| ||||||
10 | (l) Formal review of any plat for governmental or | ||||||
11 | municipal approval with respect to property, easement, or | ||||||
12 | right-of-way boundaries; | ||||||
13 | (m) (l) Offering or soliciting to perform any of the | ||||||
14 | services set
forth in this
Section.
| ||||||
15 | In the performance of any of the foregoing functions, a | ||||||
16 | licensee shall adhere to the standards of professional conduct | ||||||
17 | enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in | ||||||
18 | this Section imposes upon a person licensed under this Act the | ||||||
19 | responsibility for the performance of any of the foregoing | ||||||
20 | functions unless such person specifically contracts to perform | ||||||
21 | such functions. | ||||||
22 | (Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10; | ||||||
23 | 97-333, eff. 8-12-11; 97-813, eff. 7-13-12.)
| ||||||
24 | (225 ILCS 330/8) (from Ch. 111, par. 3258)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
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| |||||||
1 | Sec. 8. Powers and duties of the Board; quorum. Subject to | ||||||
2 | the
provisions
of this Act, the Board shall exercise the | ||||||
3 | following functions, powers, and
duties:
| ||||||
4 | (a) Review applicant qualifications to sit for
the | ||||||
5 | examination or for licensure and shall make | ||||||
6 | recommendations to the
Department except for those | ||||||
7 | applicant qualifications that the Board designates as | ||||||
8 | routinely acceptable;
| ||||||
9 | (b) Conduct hearings regarding disciplinary actions | ||||||
10 | and submit a written
report to the Secretary as required by | ||||||
11 | this Act and provide a Board
member at informal | ||||||
12 | conferences;
| ||||||
13 | (c) Visit universities or colleges to evaluate | ||||||
14 | surveying
curricula and submit to the Secretary a written | ||||||
15 | recommendation of
acceptability of the curriculum;
| ||||||
16 | (d) Submit a written recommendation to the Secretary | ||||||
17 | concerning
promulgation or amendment of rules for the | ||||||
18 | administration of this Act;
| ||||||
19 | (e) The Department may at any time seek the expert | ||||||
20 | advice and knowledge of
the Board on any matter relating to | ||||||
21 | the enforcement of this Act;
| ||||||
22 | (f) The Board may appoint a subcommittee to serve as a | ||||||
23 | Complaint Committee
to recommend the disposition of case | ||||||
24 | files according to procedures established
by rule;
| ||||||
25 | (g) Hold at least 3 regular meetings each year; and
| ||||||
26 | (h) The Board shall annually elect a Chairperson and a |
| |||||||
| |||||||
1 | Vice Chairperson
who shall be licensed
Illinois | ||||||
2 | Professional Land Surveyors.
| ||||||
3 | A quorum of the Board shall consist of 4 members. A quorum | ||||||
4 | is required for all Board decisions. | ||||||
5 | Subject to the provisions of this Act, the Board may | ||||||
6 | exercise the following duties as deemed necessary by the | ||||||
7 | Department: (i) review education and experience qualifications | ||||||
8 | of applicants, including conducting oral interviews; (ii) | ||||||
9 | determine eligibility as a Professional Land Surveyor or | ||||||
10 | Surveyor Intern Land Surveyor-in-Training ; and (iii) submit to | ||||||
11 | the Secretary recommendations on applicant qualifications for | ||||||
12 | enrollment and licensure.
| ||||||
13 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
14 | (225 ILCS 330/11) (from Ch. 111, par. 3261)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 11. Examination; failure Failure or refusal to take. | ||||||
17 | The Department
shall authorize examinations, as recommended | ||||||
18 | and approved by the Board, for
licensure as Surveyor Interns | ||||||
19 | Land
Surveyors-in-Training and Professional Land Surveyors at | ||||||
20 | such times and
places as it may determine.
| ||||||
21 | The examination of an applicant for licensure as a Surveyor | ||||||
22 | Intern Land
Surveyor-in-Training or a Professional Land | ||||||
23 | Surveyor may
include examinations as defined by rule.
The | ||||||
24 | substance and form of the
examination shall be as recommended | ||||||
25 | and approved by the Board. Each
applicant shall be examined as |
| |||||||
| |||||||
1 | to his knowledge of the statutes of the
United States of | ||||||
2 | America and the State of Illinois relating to the practice
of | ||||||
3 | land surveying and mathematics as applied to land surveying.
| ||||||
4 | All applicants for licensing as a Professional Land | ||||||
5 | Surveyor shall be
required to pass, as a portion of the | ||||||
6 | examination, a jurisdictional
examination to determine the | ||||||
7 | applicant's knowledge of the surveying tasks
unique to the | ||||||
8 | State of Illinois, and the laws relating thereto.
| ||||||
9 | Applicants for any examination shall be required to pay, | ||||||
10 | either to the
Department or the designated testing service, a | ||||||
11 | fee covering the cost of
providing the examination. Failure to | ||||||
12 | appear for the examination on the
scheduled date, at the time | ||||||
13 | and place specified, after the applicant's
application for | ||||||
14 | examination has been received and acknowledged by the
| ||||||
15 | Department or the designated testing service, shall result in | ||||||
16 | the
forfeiture of the examination fee. If an applicant | ||||||
17 | neglects, fails, or
refuses to take an examination for | ||||||
18 | registration under this Act within 3
years after filing his | ||||||
19 | application, the application fee shall be forfeited
to the | ||||||
20 | Department and the application denied. However, the applicant | ||||||
21 | may
thereafter make a new application for examination, | ||||||
22 | accompanied by the required fee.
| ||||||
23 | (Source: P.A. 98-713, eff. 7-16-14.)
| ||||||
24 | (225 ILCS 330/12) (from Ch. 111, par. 3262)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 12. Qualifications for licensing.
| ||||||
2 | (a) A person is qualified to
receive a license as a | ||||||
3 | Professional Land Surveyor and the Department shall
issue a | ||||||
4 | license to a person:
| ||||||
5 | (1) who has applied in writing in the required form to | ||||||
6 | the
Department;
| ||||||
7 | (2) (blank);
| ||||||
8 | (2.5) who has not violated any provision of this Act or | ||||||
9 | its rules;
| ||||||
10 | (3) who is of good ethical character, including | ||||||
11 | compliance with the Code of Ethics and Standards of | ||||||
12 | Practice promulgated by rule pursuant to this Act, and has | ||||||
13 | not committed an act or offense in any jurisdiction that | ||||||
14 | would constitute grounds for discipline of a land surveyor | ||||||
15 | licensed under this Act;
| ||||||
16 | (4) who has been issued a license as a Surveyor Intern | ||||||
17 | Land
Surveyor-in-Training ;
| ||||||
18 | (5) who, subsequent to passing the examination | ||||||
19 | authorized by the Department for licensure as a Surveyor | ||||||
20 | Intern
Surveyor-In-Training , has at least 4 years of | ||||||
21 | responsible charge experience
verified by a professional | ||||||
22 | land surveyor in direct supervision and control of
his or | ||||||
23 | her activities;
| ||||||
24 | (6) who has passed an examination authorized by the | ||||||
25 | Department
to
determine his or her fitness to receive a | ||||||
26 | license as a Professional Land
Surveyor; and |
| |||||||
| |||||||
1 | (7) who has a baccalaureate degree in a related science | ||||||
2 | if he or she does not have a baccalaureate degree in land | ||||||
3 | surveying from an accredited college or university.
| ||||||
4 | (b) A person is qualified to receive a license as a | ||||||
5 | Surveyor Intern Land
Surveyor-in-Training and the Department | ||||||
6 | shall issue a license to a person:
| ||||||
7 | (1) who has applied in writing in the required form | ||||||
8 | provided by the
Department;
| ||||||
9 | (2) (blank);
| ||||||
10 | (3) who is of good moral character;
| ||||||
11 | (4) who has the required education as set forth in this | ||||||
12 | Act; and
| ||||||
13 | (5) who has passed an examination authorized by the | ||||||
14 | Department
to
determine his or her fitness to receive a | ||||||
15 | license as a Surveyor Intern Land
Surveyor-in-Training in | ||||||
16 | accordance with this Act.
| ||||||
17 | In determining moral character under
this Section, the | ||||||
18 | Department may take into consideration whether the
applicant | ||||||
19 | has engaged in conduct or actions that would constitute grounds | ||||||
20 | for
discipline under this Act.
| ||||||
21 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
22 | (225 ILCS 330/13) (from Ch. 111, par. 3263)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
24 | Sec. 13. Minimum standards for enrollment as a Surveyor | ||||||
25 | Intern. Qualifications for examination for Licensed Land
|
| |||||||
| |||||||
1 | Surveyor-in-Training . To enroll as a Surveyor Intern, an | ||||||
2 | applicant must be: | ||||||
3 | (1) a graduate of an approved land surveying curriculum | ||||||
4 | of at least 4 years who has passed an examination in the | ||||||
5 | fundamentals of surveying, as defined by rule, if the | ||||||
6 | applicant is otherwise qualified; | ||||||
7 | (2) a graduate of a related science curriculum of at | ||||||
8 | least 4 years, including at least 24 semester hours of land | ||||||
9 | surveying courses from an approved land surveying | ||||||
10 | curriculum, who has passed an examination in the | ||||||
11 | fundamentals of surveying, as defined by rule, if the | ||||||
12 | applicant is otherwise qualified; | ||||||
13 | (3) an applicant in the last year of an approved land | ||||||
14 | surveying or related science curriculum who passes an | ||||||
15 | examination in the fundamentals of surveying, as defined by | ||||||
16 | rule, and furnishes proof that the applicant graduated | ||||||
17 | within a 12-month period following the examination shall be | ||||||
18 | enrolled as a Surveyor Intern, if the applicant is | ||||||
19 | otherwise qualified; or | ||||||
20 | (4) a graduate of an unrelated curriculum of at least 4 | ||||||
21 | years, including at least 24 semester hours of land | ||||||
22 | surveying courses, from an approved land surveying | ||||||
23 | curriculum and the related science courses, as defined by | ||||||
24 | rule, who passes an examination in the fundamentals of | ||||||
25 | surveying, as defined by rule, shall be enrolled as a | ||||||
26 | Surveyor Intern, if the applicant is otherwise qualified. |
| |||||||
| |||||||
1 | Applicants for the examination for Land
Surveyor-in-Training | ||||||
2 | shall have:
| ||||||
3 | (1) a baccalaureate degree in Land Surveying from an | ||||||
4 | accredited
college or university program; or
| ||||||
5 | (2) a baccalaureate degree in a related science | ||||||
6 | including at least 24
semester hours of land surveying | ||||||
7 | courses from a Department approved curriculum of an
| ||||||
8 | accredited institution.
| ||||||
9 | (Source: P.A. 96-626, eff. 8-24-09; 97-543, eff. 1-1-12.)
| ||||||
10 | (225 ILCS 330/14) (from Ch. 111, par. 3264)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 14. License to be displayed. Every holder of a license | ||||||
13 | as a
Professional Land Surveyor or Surveyor Intern Land | ||||||
14 | Surveyor-in-Training shall
display it in
a conspicuous | ||||||
15 | location in his or her office,
place of business, or place of
| ||||||
16 | employment.
| ||||||
17 | (Source: P.A. 91-132, eff. 1-1-00 .)
| ||||||
18 | (225 ILCS 330/16) (from Ch. 111, par. 3266)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 16. Unlawful to practice without license or | ||||||
21 | registration. It is
unlawful for any person, sole | ||||||
22 | proprietorship, professional service corporation,
corporation, | ||||||
23 | partnership, limited liability company, or other entity to
| ||||||
24 | practice land surveying, or advertise or display any sign, card |
| |||||||
| |||||||
1 | or other device
which might indicate to the public that the | ||||||
2 | person or entity is entitled to
practice as a land surveyor, or | ||||||
3 | use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T." ,
use the | ||||||
4 | title "Professional Land Surveyor" or "Surveyor Intern" "Land | ||||||
5 | Surveyor-in-Training" or
any of their derivations, unless such | ||||||
6 | person holds a valid active license as a
Professional Land | ||||||
7 | Surveyor or Surveyor Intern Land Surveyor-in-Training in the | ||||||
8 | State of
Illinois, or such professional service corporation, | ||||||
9 | corporation, partnership,
sole proprietorship, limited | ||||||
10 | liability company, or other entity is in
compliance with this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 88-428 .)
| ||||||
13 | (225 ILCS 330/16.5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 16.5. Unlicensed practice; violation; civil penalty.
| ||||||
16 | (a) Any person who practices, offers to practice, attempts | ||||||
17 | to practice, or
holds oneself out to practice as a professional | ||||||
18 | land surveyor or as a Surveyor Intern land
surveyor-in-training | ||||||
19 | without being licensed under this Act shall, in
addition to any | ||||||
20 | other penalty provided by law, pay a civil penalty to the
| ||||||
21 | Department in an amount not to exceed $10,000 for each offense | ||||||
22 | as determined by
the Department. The civil penalty shall be | ||||||
23 | assessed by the Department after a
hearing is held in | ||||||
24 | accordance with the provisions set forth in this Act
regarding | ||||||
25 | the provision of a hearing for the discipline of a licensee.
|
| |||||||
| |||||||
1 | (b) The Department has the authority and power to | ||||||
2 | investigate any and all
unlicensed activity.
| ||||||
3 | (c) The civil penalty shall be paid within 60 days after | ||||||
4 | the effective date
of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment
and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment
from | ||||||
7 | any court of record.
| ||||||
8 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
9 | (225 ILCS 330/17) (from Ch. 111, par. 3267)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
11 | Sec. 17. Surveyor Intern; supervision Land | ||||||
12 | Surveyor-in-Training; Supervision . It is
unlawful for any | ||||||
13 | Surveyor Intern Land Surveyor-in-Training licensed under this | ||||||
14 | Act to
practice or attempt to practice land surveying
except | ||||||
15 | when in responsible charge under the overall supervision of a | ||||||
16 | Professional
Land Surveyor.
| ||||||
17 | (Source: P.A. 86-987 .)
| ||||||
18 | (225 ILCS 330/18) (from Ch. 111, par. 3268)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 18. Renewal, reinstatement or restoration of license; | ||||||
21 | Persons
in military service. | ||||||
22 | (a) The expiration date and renewal period for each
license | ||||||
23 | as a Professional Land Surveyor issued under this Act shall be | ||||||
24 | set
by rule. The holder of a license may renew such license |
| |||||||
| |||||||
1 | during the month
preceding the expiration date by paying the | ||||||
2 | required fee.
| ||||||
3 | (b) Any Professional Land Surveyor whose license has been | ||||||
4 | inactive for less
than 5 years is required to pay the current | ||||||
5 | renewal fee and shall have his
or her license restored.
| ||||||
6 | (c) A Professional Land Surveyor whose license has been | ||||||
7 | expired for more than
5 years may have the
license restored by | ||||||
8 | making application to the Department and filing proof
| ||||||
9 | acceptable to the Department of fitness to have the license | ||||||
10 | restored,
including, but not limited to, sworn evidence | ||||||
11 | certifying to active practice in another
jurisdiction and | ||||||
12 | payment of the required renewal,
reinstatement or restoration | ||||||
13 | fee.
| ||||||
14 | However, any Professional Land Surveyor whose license | ||||||
15 | expired while
engaged (a) in federal service on active duty | ||||||
16 | with the armed forces of
the United States, or the State | ||||||
17 | Militia called into active service or
training, or (b) in | ||||||
18 | training or education under the supervision of the
United | ||||||
19 | States preliminary to induction into the military service, may | ||||||
20 | have
a license renewed without paying any lapsed reinstatement | ||||||
21 | or restoration
fees upon passing an oral examination by the | ||||||
22 | Board, or without taking any
examination, if approved by the | ||||||
23 | Board, if, within 2 years after the
termination other than by | ||||||
24 | dishonorable discharge of such service, training, or | ||||||
25 | education,
the licensee furnishes the Department with an | ||||||
26 | affidavit to
the effect the licensee was so engaged and that |
| |||||||
| |||||||
1 | the service, training, or education
has so terminated.
| ||||||
2 | (d) A license for a Surveyor Intern does not expire Land | ||||||
3 | Surveyor-in-Training is valid for 10 years and may not be | ||||||
4 | renewed .
| ||||||
5 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
6 | (225 ILCS 330/23) (from Ch. 111, par. 3273)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
8 | Sec. 23. Address of Record; Names of licensed surveyors to | ||||||
9 | be published.
It is the
responsibility of a Professional Land | ||||||
10 | Surveyor or Surveyor Intern Land Surveyor-in-Training
to | ||||||
11 | inform the Department of any change of address or name.
The | ||||||
12 | Department shall maintain a roster of names , and addresses , and | ||||||
13 | email addresses of all professional land surveyors and | ||||||
14 | professional design firms, partnerships, and corporations | ||||||
15 | licensed or registered under this Act. This roster shall be | ||||||
16 | available upon request and payment of the required fee.
| ||||||
17 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
18 | (225 ILCS 330/40) (from Ch. 111, par. 3290)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 40. Temporary suspension of a license. The Secretary | ||||||
21 | may
temporarily suspend the license of a Professional Land | ||||||
22 | Surveyor or Surveyor Intern Land
Surveyor-in-Training without | ||||||
23 | a
hearing, simultaneously with the institution of proceedings | ||||||
24 | for a hearing
under Section 29 of this Act, if the Secretary |
| |||||||
| |||||||
1 | finds that
evidence in his possession indicates that a | ||||||
2 | Professional Land Surveyor's
or Surveyor Intern's Land | ||||||
3 | Surveyor-in-Training's continuation in practice would | ||||||
4 | constitute an
imminent danger to the public.
In the event that | ||||||
5 | the Secretary temporarily suspends the license of a
| ||||||
6 | Professional Land Surveyor or Surveyor Intern Land | ||||||
7 | Surveyor-in-Training without a hearing,
a hearing by the Board | ||||||
8 | must
be commenced within 30 days after such suspension has | ||||||
9 | occurred.
| ||||||
10 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
11 | (225 ILCS 330/44) (from Ch. 111, par. 3294)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 44. Plats and licenses as prima facie evidence; record | ||||||
14 | Record of plats. All plats and licenses issued by a | ||||||
15 | Professional Land Surveyor under
his hand and seal shall be | ||||||
16 | received as prima facie evidence in all courts
in this State. A | ||||||
17 | Professional Land Surveyor is entitled to have his plats | ||||||
18 | recorded in the
county where the land affected lies; provided, | ||||||
19 | however, plats of
subdivision or dedication are subject to any | ||||||
20 | statutory provisions relating to the
approval, recording and | ||||||
21 | filing of plats of subdivision or dedication. A Professional | ||||||
22 | Land Surveyor may administer and certify oaths to be included | ||||||
23 | as prima facie evidence for the following: | ||||||
24 | (1) testimony for the identification or establishment | ||||||
25 | of old, lost, or obliterated corners; |
| |||||||
| |||||||
1 | (2) testimony and evidence concerning perpetuation of | ||||||
2 | a corner or monument; or | ||||||
3 | (3) testimony for the performance or preparation of the | ||||||
4 | survey.
| ||||||
5 | (Source: P.A. 86-987 .)
| ||||||
6 | (225 ILCS 330/48) (from Ch. 111, par. 3298)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
8 | Sec. 48. Fund, appropriations, investments and audits. The | ||||||
9 | moneys
deposited in the Design Professionals Administration | ||||||
10 | and Investigation Fund
from fines and fees under this Act shall | ||||||
11 | be appropriated to the Department
exclusively for expenses of | ||||||
12 | the Department and the Board in the
administration of this Act, | ||||||
13 | the Illinois Architecture Practice Act, the
Professional | ||||||
14 | Engineering Practice Act of 1989, and the Structural
| ||||||
15 | Engineering Practice Act of 1989. The expenses of the | ||||||
16 | Department under
this Act shall be limited to the ordinary and | ||||||
17 | contingent expenses of the
Design Professionals Dedicated | ||||||
18 | Employees within the Department as
established under Section | ||||||
19 | 2105-75 of the Department of
Professional Regulation Law (20 | ||||||
20 | ILCS 2105/2105-75)
and other expenses related to the | ||||||
21 | administration and enforcement of this Act.
| ||||||
22 | Moneys from the Fund may also be used for direct and | ||||||
23 | allocable indirect
costs related to the public purposes of the | ||||||
24 | Department of Financial and Professional
Regulation. Moneys in | ||||||
25 | the Fund may be transferred to the Professions Indirect
Cost |
| |||||||
| |||||||
1 | Fund as authorized by Section 2105-300 of the Department of
| ||||||
2 | Professional Regulation Law (20 ILCS 2105/2105-300).
| ||||||
3 | Moneys in the Design Professionals Administration and | ||||||
4 | Investigation Fund
may be invested and reinvested with all | ||||||
5 | earnings received from the
investments to be deposited in the | ||||||
6 | Design Professionals Administration and
Investigation Fund and | ||||||
7 | used for the same purposes as fees deposited in
that Fund.
| ||||||
8 | Upon the completion of any audit of the Department as | ||||||
9 | prescribed by the
Illinois State Auditing Act that includes an | ||||||
10 | audit of the Design
Professionals Administration and | ||||||
11 | Investigation Fund, the Department shall
make the audit open to | ||||||
12 | inspection by any interested person. The copy of
the audit | ||||||
13 | report required to be submitted to the Department by this
| ||||||
14 | Section is in addition to copies of audit reports required to | ||||||
15 | be submitted
to other State officers and agencies by Section | ||||||
16 | 3-14 of the Illinois State
Auditing Act.
| ||||||
17 | (Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16, | ||||||
18 | eff.
6-28-01 .)
|