100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3322

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 330/1  from Ch. 111, par. 3251
225 ILCS 330/4  from Ch. 111, par. 3254
225 ILCS 330/5  from Ch. 111, par. 3255
225 ILCS 330/8  from Ch. 111, par. 3258
225 ILCS 330/11  from Ch. 111, par. 3261
225 ILCS 330/12  from Ch. 111, par. 3262
225 ILCS 330/13  from Ch. 111, par. 3263
225 ILCS 330/14  from Ch. 111, par. 3264
225 ILCS 330/16  from Ch. 111, par. 3266
225 ILCS 330/16.5
225 ILCS 330/17  from Ch. 111, par. 3267
225 ILCS 330/18  from Ch. 111, par. 3268
225 ILCS 330/23  from Ch. 111, par. 3273
225 ILCS 330/40  from Ch. 111, par. 3290
225 ILCS 330/44  from Ch. 111, par. 3294
225 ILCS 330/48  from Ch. 111, par. 3298

    Amends the Illinois Professional Land Surveyor Act of 1989. Changes references to "Land Surveyor-in-Training" to references to "Surveyor Intern" and makes conforming changes throughout the Act. Makes changes in provisions concerning definitions, including the definition of the practice of land surveying. Sets forth minimum standards to qualify for enrollment as a Surveyor Intern (rather than to apply for examination as a Land Surveyor-in-Training). Provides that the license for a Surveyor Intern does not expire. Requires the Department of Financial and Professional Regulation to include email addresses in its roster of licenses. Allows a Professional Land Surveyor to administer and certify oaths for certain testimony. Makes other changes.


LRB100 11366 SMS 21752 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3322LRB100 11366 SMS 21752 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Professional Land Surveyor Act of
51989 is amended by changing Sections 1, 4, 5, 8, 11, 12, 13,
614, 16, 16.5, 17, 18, 23, 40, 44, and 48 as follows:
 
7    (225 ILCS 330/1)  (from Ch. 111, par. 3251)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 1. Declaration of public policy. The practice of land
10surveying in the State of Illinois is hereby declared to affect
11the public health, safety, and welfare and to be subject to
12regulation and control in the public interest. It is further
13declared that the determination and physical protraction of
14land boundaries using the appropriate application of boundary
15law principles, together with the attendant preparation of
16legal descriptions and plats, which bear witness for posterity
17to chronicle the acts and wishes of landowners throughout this
18State is a matter of public interest and concern. Therefore, it
19is in the public interest that the practice of land surveying,
20as defined in this Act, merit and receive the confidence of the
21public, and that only qualified persons be authorized to
22practice land surveying in the State of Illinois. This Act
23shall be liberally construed to best carry out this purpose.

 

 

HB3322- 2 -LRB100 11366 SMS 21752 b

1(Source: P.A. 93-467, eff. 1-1-04.)
 
2    (225 ILCS 330/4)  (from Ch. 111, par. 3254)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 4. Definitions. As used in this Act:
5    (a) "Department" means the Department of Financial and
6Professional Regulation.
7    (b) "Secretary" means the Secretary of the Department of
8Financial and Professional Regulation.
9    (c) "Board" means the Land Surveyors Licensing Board.
10    (d) "Direct supervision and control" means the personal
11review by a Licensed Professional Land Surveyor of each survey,
12including, but not limited to, procurement, research, field
13work, calculations, preparation of legal descriptions and
14plats. The personal review shall be of such a nature as to
15assure the client that the Professional Land Surveyor or the
16firm for which the Professional Land Surveyor is employed is
17the provider of the surveying services.
18    (e) "Responsible charge" means an individual responsible
19for the various components of the land survey operations
20subject to the overall supervision and control of the
21Professional Land Surveyor.
22    (f) "Design professional" means a land surveyor,
23architect, structural engineer, or professional engineer
24licensed in conformance with this Act, the Illinois
25Architecture Practice Act of 1989, the Structural Engineering

 

 

HB3322- 3 -LRB100 11366 SMS 21752 b

1Practice Act of 1989, or the Professional Engineering Practice
2Act of 1989.
3    (g) "Professional Land Surveyor" means any person licensed
4under the laws of the State of Illinois to practice land
5surveying, as defined by this Act or its rules.
6    (h) "Surveyor Intern" "Land Surveyor-in-Training" means
7any person licensed under the laws of the State of Illinois who
8has qualified for, taken, and passed an examination in the
9fundamental land surveying surveyor-in-training subjects as
10provided by this Act or its rules.
11    (i) "Land surveying experience" means those activities
12enumerated in Section 5 of this Act, which, when exercised in
13combination, to the satisfaction of the Board, is proof of an
14applicant's broad range of training in and exposure to the
15prevailing practice of land surveying.
16    (j) "Address of record" means the designated address
17recorded by the Department in the applicant's or licensee's
18application file or license file maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address, and
21such changes must be made either through the Department's
22website or by contacting the Department's licensure
23maintenance unit.
24    (k) "Standard of care" means the use of the same degree of
25knowledge, skill, and ability as an ordinarily careful and
26reasonable professional land surveyor would exercise under

 

 

HB3322- 4 -LRB100 11366 SMS 21752 b

1similar circumstances.
2    (l) "Establishing" means performing an original survey. An
3original survey establishes boundary lines within an original
4division of a tract of land which has theretofore existed as
5one unit or parcel and describing and monumenting a line or
6lines of a parcel or tract of land on the ground for the first
7time. An original surveyor is the creator of one or more new
8boundary lines.
9    (m) "Reestablishing" or "locating" means performing a
10retracement survey. A retracement survey tracks the footsteps
11of the original surveyor, locating boundary lines and corners
12which have been established by the original survey. A
13retracement survey cannot establish new corners or lines or
14correct errors of the original survey.
15    (n) "Boundary law principles" means applying the
16decisions, results, and findings of land boundary cases that
17concern 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
22practices in Illinois as a professional land surveyor who
23renders, offers to render, or holds himself or herself out as
24able to render, or perform any service, the adequate
25performance of which involves the special knowledge of the art

 

 

HB3322- 5 -LRB100 11366 SMS 21752 b

1and application of the principles of the accurate and precise
2measurement of length, angle, elevation or volume,
3mathematics, the related physical and applied sciences, and the
4relevant requirements of applicable boundary law principles
5and performed with the appropriate standard of care, all of
6which are acquired by education, training, experience, and
7examination. Any one or combination of the following practices
8constitutes 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

 

 

HB3322- 6 -LRB100 11366 SMS 21752 b

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;

 

 

HB3322- 7 -LRB100 11366 SMS 21752 b

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

 

 

HB3322- 8 -LRB100 11366 SMS 21752 b

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,

 

 

HB3322- 9 -LRB100 11366 SMS 21752 b

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
16licensee shall adhere to the standards of professional conduct
17enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
18this Section imposes upon a person licensed under this Act the
19responsibility for the performance of any of the foregoing
20functions unless such person specifically contracts to perform
21such functions.
22(Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10;
2397-333, 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)

 

 

HB3322- 10 -LRB100 11366 SMS 21752 b

1    Sec. 8. Powers and duties of the Board; quorum. Subject to
2the provisions of this Act, the Board shall exercise the
3following 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

 

 

HB3322- 11 -LRB100 11366 SMS 21752 b

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
4is required for all Board decisions.
5    Subject to the provisions of this Act, the Board may
6exercise the following duties as deemed necessary by the
7Department: (i) review education and experience qualifications
8of applicants, including conducting oral interviews; (ii)
9determine eligibility as a Professional Land Surveyor or
10Surveyor Intern Land Surveyor-in-Training; and (iii) submit to
11the Secretary recommendations on applicant qualifications for
12enrollment 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.
17The Department shall authorize examinations, as recommended
18and approved by the Board, for licensure as Surveyor Interns
19Land Surveyors-in-Training and Professional Land Surveyors at
20such times and places as it may determine.
21    The examination of an applicant for licensure as a Surveyor
22Intern Land Surveyor-in-Training or a Professional Land
23Surveyor may include examinations as defined by rule. The
24substance and form of the examination shall be as recommended
25and approved by the Board. Each applicant shall be examined as

 

 

HB3322- 12 -LRB100 11366 SMS 21752 b

1to his knowledge of the statutes of the United States of
2America and the State of Illinois relating to the practice of
3land surveying and mathematics as applied to land surveying.
4    All applicants for licensing as a Professional Land
5Surveyor shall be required to pass, as a portion of the
6examination, a jurisdictional examination to determine the
7applicant's knowledge of the surveying tasks unique to the
8State of Illinois, and the laws relating thereto.
9    Applicants for any examination shall be required to pay,
10either to the Department or the designated testing service, a
11fee covering the cost of providing the examination. Failure to
12appear for the examination on the scheduled date, at the time
13and place specified, after the applicant's application for
14examination has been received and acknowledged by the
15Department or the designated testing service, shall result in
16the forfeiture of the examination fee. If an applicant
17neglects, fails, or refuses to take an examination for
18registration under this Act within 3 years after filing his
19application, the application fee shall be forfeited to the
20Department and the application denied. However, the applicant
21may thereafter make a new application for examination,
22accompanied 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)

 

 

HB3322- 13 -LRB100 11366 SMS 21752 b

1    Sec. 12. Qualifications for licensing.
2    (a) A person is qualified to receive a license as a
3Professional Land Surveyor and the Department shall issue a
4license 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

 

 

HB3322- 14 -LRB100 11366 SMS 21752 b

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
5Surveyor Intern Land Surveyor-in-Training and the Department
6shall 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
18Department may take into consideration whether the applicant
19has engaged in conduct or actions that would constitute grounds
20for 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
25Intern. Qualifications for examination for Licensed Land

 

 

HB3322- 15 -LRB100 11366 SMS 21752 b

1Surveyor-in-Training. To enroll as a Surveyor Intern, an
2applicant 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.

 

 

HB3322- 16 -LRB100 11366 SMS 21752 b

1Applicants for the examination for Land Surveyor-in-Training
2shall 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
13as a Professional Land Surveyor or Surveyor Intern Land
14Surveyor-in-Training shall display it in a conspicuous
15location in his or her office, place of business, or place of
16employment.
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
21registration. It is unlawful for any person, sole
22proprietorship, professional service corporation, corporation,
23partnership, limited liability company, or other entity to
24practice land surveying, or advertise or display any sign, card

 

 

HB3322- 17 -LRB100 11366 SMS 21752 b

1or other device which might indicate to the public that the
2person or entity is entitled to practice as a land surveyor, or
3use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T.", use the
4title "Professional Land Surveyor" or "Surveyor Intern" "Land
5Surveyor-in-Training" or any of their derivations, unless such
6person holds a valid active license as a Professional Land
7Surveyor or Surveyor Intern Land Surveyor-in-Training in the
8State of Illinois, or such professional service corporation,
9corporation, partnership, sole proprietorship, limited
10liability company, or other entity is in compliance with this
11Act.
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
17to practice, or holds oneself out to practice as a professional
18land surveyor or as a Surveyor Intern land surveyor-in-training
19without being licensed under this Act shall, in addition to any
20other penalty provided by law, pay a civil penalty to the
21Department in an amount not to exceed $10,000 for each offense
22as determined by the Department. The civil penalty shall be
23assessed by the Department after a hearing is held in
24accordance with the provisions set forth in this Act regarding
25the provision of a hearing for the discipline of a licensee.

 

 

HB3322- 18 -LRB100 11366 SMS 21752 b

1    (b) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any 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
12Surveyor-in-Training; Supervision. It is unlawful for any
13Surveyor Intern Land Surveyor-in-Training licensed under this
14Act to practice or attempt to practice land surveying except
15when in responsible charge under the overall supervision of a
16Professional 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;
21Persons in military service.
22    (a) The expiration date and renewal period for each license
23as a Professional Land Surveyor issued under this Act shall be
24set by rule. The holder of a license may renew such license

 

 

HB3322- 19 -LRB100 11366 SMS 21752 b

1during the month preceding the expiration date by paying the
2required fee.
3    (b) Any Professional Land Surveyor whose license has been
4inactive for less than 5 years is required to pay the current
5renewal fee and shall have his or her license restored.
6    (c) A Professional Land Surveyor whose license has been
7expired for more than 5 years may have the license restored by
8making application to the Department and filing proof
9acceptable to the Department of fitness to have the license
10restored, including, but not limited to, sworn evidence
11certifying to active practice in another jurisdiction and
12payment of the required renewal, reinstatement or restoration
13fee.
14    However, any Professional Land Surveyor whose license
15expired while engaged (a) in federal service on active duty
16with the armed forces of the United States, or the State
17Militia called into active service or training, or (b) in
18training or education under the supervision of the United
19States preliminary to induction into the military service, may
20have a license renewed without paying any lapsed reinstatement
21or restoration fees upon passing an oral examination by the
22Board, or without taking any examination, if approved by the
23Board, if, within 2 years after the termination other than by
24dishonorable discharge of such service, training, or
25education, the licensee furnishes the Department with an
26affidavit to the effect the licensee was so engaged and that

 

 

HB3322- 20 -LRB100 11366 SMS 21752 b

1the service, training, or education has so terminated.
2    (d) A license for a Surveyor Intern does not expire Land
3Surveyor-in-Training is valid for 10 years and may not be
4renewed.
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
9be published. It is the responsibility of a Professional Land
10Surveyor or Surveyor Intern Land Surveyor-in-Training to
11inform the Department of any change of address or name. The
12Department shall maintain a roster of names, and addresses, and
13email addresses of all professional land surveyors and
14professional design firms, partnerships, and corporations
15licensed or registered under this Act. This roster shall be
16available 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
21may temporarily suspend the license of a Professional Land
22Surveyor or Surveyor Intern Land Surveyor-in-Training without
23a hearing, simultaneously with the institution of proceedings
24for a hearing under Section 29 of this Act, if the Secretary

 

 

HB3322- 21 -LRB100 11366 SMS 21752 b

1finds that evidence in his possession indicates that a
2Professional Land Surveyor's or Surveyor Intern's Land
3Surveyor-in-Training's continuation in practice would
4constitute an imminent danger to the public. In the event that
5the Secretary temporarily suspends the license of a
6Professional Land Surveyor or Surveyor Intern Land
7Surveyor-in-Training without a hearing, a hearing by the Board
8must be commenced within 30 days after such suspension has
9occurred.
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
14Record of plats. All plats and licenses issued by a
15Professional Land Surveyor under his hand and seal shall be
16received as prima facie evidence in all courts in this State. A
17Professional Land Surveyor is entitled to have his plats
18recorded in the county where the land affected lies; provided,
19however, plats of subdivision or dedication are subject to any
20statutory provisions relating to the approval, recording and
21filing of plats of subdivision or dedication. A Professional
22Land Surveyor may administer and certify oaths to be included
23as prima facie evidence for the following:
24        (1) testimony for the identification or establishment
25    of old, lost, or obliterated corners;

 

 

HB3322- 22 -LRB100 11366 SMS 21752 b

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
9moneys deposited in the Design Professionals Administration
10and Investigation Fund from fines and fees under this Act shall
11be appropriated to the Department exclusively for expenses of
12the Department and the Board in the administration of this Act,
13the Illinois Architecture Practice Act, the Professional
14Engineering Practice Act of 1989, and the Structural
15Engineering Practice Act of 1989. The expenses of the
16Department under this Act shall be limited to the ordinary and
17contingent expenses of the Design Professionals Dedicated
18Employees within the Department as established under Section
192105-75 of the Department of Professional Regulation Law (20
20ILCS 2105/2105-75) and other expenses related to the
21administration and enforcement of this Act.
22    Moneys from the Fund may also be used for direct and
23allocable indirect costs related to the public purposes of the
24Department of Financial and Professional Regulation. Moneys in
25the Fund may be transferred to the Professions Indirect Cost

 

 

HB3322- 23 -LRB100 11366 SMS 21752 b

1Fund as authorized by Section 2105-300 of the Department of
2Professional Regulation Law (20 ILCS 2105/2105-300).
3    Moneys in the Design Professionals Administration and
4Investigation Fund may be invested and reinvested with all
5earnings received from the investments to be deposited in the
6Design Professionals Administration and Investigation Fund and
7used for the same purposes as fees deposited in that Fund.
8    Upon the completion of any audit of the Department as
9prescribed by the Illinois State Auditing Act that includes an
10audit of the Design Professionals Administration and
11Investigation Fund, the Department shall make the audit open to
12inspection by any interested person. The copy of the audit
13report required to be submitted to the Department by this
14Section is in addition to copies of audit reports required to
15be submitted to other State officers and agencies by Section
163-14 of the Illinois State Auditing Act.
17(Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
18eff. 6-28-01.)