SB2001 95TH GENERAL ASSEMBLY

LRB095 18672 RAS 44766 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2001

Introduced 2/7/2008, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

5 ILCS 80/4.20
5 ILCS 80/4.30 new
225 ILCS 325/4	from Ch. 111, par. 5204
225 ILCS 325/4.5 new
225 ILCS 325/5	from Ch. 111, par. 5205
225 ILCS 325/7	from Ch. 111, par. 5207
225 ILCS 325/7.5 new
225 ILCS 325/7.10 new
225 ILCS 325/7.15 new
225 ILCS 325/7.20 new
225 ILCS 325/10	from Ch. 111, par. 5210
225 ILCS 325/17	from Ch. 111, par. 5217
225 ILCS 325/42	from Ch. 111, par. 5242
225 ILCS 325/3 rep.

Amends the Regulatory Sunset Act to change the repeal date of the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Professional Engineering Practice Act of 1989. Sets forth additional examples of the practice of professional engineering. Sets forth examples of technical submissions. Sets forth provisions concerning complaint investigation and disposition, complaint information, statistical analysis of complaints, and public participation. Allows the Department of Financial and Professional Regulation to grant the title "Retired" to eligible retirees to be used immediately adjacent to the title of Professional Engineer. Provides for the imposition of a civil penalty not to exceed $25,000 (instead of $5,000) for each violation of certain provisions of the Act. Repeals a Section of the Act concerning the application of the Act and exemptions from the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Regulatory Sunset Act is amended by changing Section 4.20 and by adding Section 4.30 as follows:

(5 ILCS 80/4.20)

Sec. 4.20. Acts repealed on January 1, 2010. The following Acts are repealed on January 1, 2010:

The Auction License Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Landscape Architecture Act of 1989.

The Illinois Professional Land Surveyor Act of 1989.

The Land Sales Registration Act of 1999.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist Practice Act.

The Professional Engineering Practice Act of 1989.

The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff. 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; 92-16, eff. 6-28-01.)

(5 ILCS 80/4.30 new)

Sec. 4.30. Act repealed on January 1, 2020. The following Act is repealed on January 1, 2020:

The Professional Engineering Practice Act of 1989.

Section 10. The Professional Engineering Practice Act of 1989 is amended by changing Sections 4, 5, 7, 10, 17, and 42 and by adding Sections 4.5, 7.5, 7.10, 7.15, and 7.20 as follows:

(225 ILCS 325/4) (from Ch. 111, par. 5204)

(Section scheduled to be repealed on January 1, 2010)

Sec. 4. Definitions. As used in this Act:

(a) "Approved engineering curriculum" means an engineering curriculum or program of 4 academic years or more which meets the standards established by the rules of the Department.

(b) "Board" means the State Board of Professional Engineers of the Department of Professional Regulation, previously known as the Examining Committee.

(c) "Department" means the Department of Financial and Professional Regulation.

(d) "Design professional" means an architect, structural engineer or professional engineer practicing in conformance with the Illinois Architecture Practice Act of 1989, the Structural Engineering Practice Act of 1989 or the Professional Engineering Practice Act of 1989.

(e) ""Secretary" Director" means the Secretary Director of Financial and Professional Regulation.

(f) "Direct supervision/responsible charge" means work prepared under the control of a licensed professional engineer or that work as to which that professional engineer has detailed professional knowledge.

(g) "Engineering college" means a school, college, university, department of a university or other educational institution, reputable and in good standing in accordance with rules prescribed by the Department, and which grants baccalaureate degrees in engineering.

(h) "Engineering system or facility" means a system or facility whose design is based upon the application of the principles of science for the purpose of modification of natural states of being.

(i) "Engineer intern" means a person who is a candidate for licensure as a professional engineer and who has been enrolled as an engineer intern.

(j) "Enrollment" means an action by the Department to record those individuals who have met the Board's requirements for an engineer intern.

(k) "License" means an official document issued by the Department to an individual, a corporation, a partnership, a professional service corporation, a limited liability company, or a sole proprietorship, signifying authority to practice.

(l) "Negligence in the practice of professional engineering" means the failure to exercise that degree of reasonable professional skill, judgment and diligence normally rendered by professional engineers in the practice of professional engineering.

(m) "Professional engineer" means a person licensed under the laws of the State of Illinois to practice professional engineering.

(n) "Professional engineering" means the application of science to the design of engineering systems and facilities using the knowledge, skills, ability and professional judgment developed through professional engineering education, training and experience.

(o) "Professional engineering practice" means the consultation on, conception, investigation, evaluation, planning, and design of, and selection of materials to be used in, administration of construction contracts for, or site observation of, an engineering system or facility, where such consultation, conception, investigation, evaluation, planning, design, selection, administration, or observation requires extensive knowledge of engineering laws, formulae, materials, practice, and construction methods. A person shall be construed to practice or offer to practice professional engineering, within the meaning and intent of this Act, who practices, or who, by verbal claim, sign, advertisement, letterhead, card, or any other way, is represented to be a professional engineer, or through the use of the initials "P.E." or the title "engineer" or any of its derivations or some other title implies licensure as a professional engineer, or holds himself out as able to perform any service which is recognized as professional engineering practice.

Examples of the practice of professional engineering include, but need not be limited to, transportation facilities, public and publicly owned utilities for a region or community, railroads, railways, highways, subways, canals, harbors, and river improvements; land development; stormwater detention, retention, and conveyance; irrigation works; aircraft and , airports and landing fields; traffic engineering; waterworks, piping systems and appurtenances, sewers, sewage disposal works; plants for the generation of power; devices for the utilization of power; boilers; refrigeration plants, air conditioning systems and plants; heating systems and plants; plants for the transmission or distribution of power; electrical plants which produce, transmit, distribute, or utilize electrical energy; works for the extraction of minerals from the earth; plants for the refining, alloying or treating of metals; chemical works and industrial plants involving the use of chemicals and chemical processes; plants for the production, conversion, or utilization of nuclear, chemical, or radiant energy; forensic engineering, geotechnical engineering including, subsurface investigations; soil and rock classification, geology and geohydrology, incidental to the practice of professional engineering; geohydrological investigations, migration pathway analysis, groundwater management zone analysis and design; energy analysis, environmental risk assessments, corrective action plans, design, remediation, protection plans and systems, hazardous waste mitigation and control, and environmental control or remediation systems; recognition, measurement, evaluation, and control of environmental systems and emissions; design of engineered barriers and modeling of pollutants in water, soil, and air; engineering surveys of sites, facilities, and topography, not including land boundary establishment; recognition, measurement, evaluation and control of environmental systems and emissions; automated building management systems; environmental control or remediation systems; computer controlled or integrated systems; automatic fire suppression systems; or the provision of professional engineering site observation of the construction of works and engineering systems. Nothing contained in this Section imposes upon a person licensed under this Act the responsibility for the performance of any of the foregoing functions unless such person specifically contracts to provide it.

(p) "Project representative" means the professional engineer's representative at the project site who assists in the administration of the construction contract.

(q) "Registered" means the same as "licensed" for purposes of this Act.

(r) "Related science curriculum" means a 4 year program of study, the satisfactory completion of which results in a Bachelor of Science degree, and which contains courses from such areas as life, earth, engineering and computer sciences, including but not limited to, physics and chemistry. In the study of these sciences, the objective is to acquire fundamental knowledge about the nature of its phenomena, including quantitative expression, appropriate to particular fields of engineering.

(s) "Rules" means those rules promulgated pursuant to this Act.

(t) "Seal" means the seal in compliance with Section 14 of this Act.

(u) "Site observation" is visitation of the construction site for the purpose of reviewing, as available, the quality and conformance of the work to the technical submissions as they relate to design.

(v) "Support design professional" means a professional engineer practicing in conformance with the Professional Engineering Practice Act of 1989, who provides services to the design professional who has contract responsibility.

(w) "Technical submissions" means the designs, drawings, and specifications which establish the scope and standard of quality for materials, workmanship, equipment, and the construction systems intended for use in construction. "Technical submissions" includes, but is not limited to, studies, analyses, calculations, and other technical reports prepared in the course of the a design professional's practice of professional engineering.

(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, eff. 6-28-01; 92-145, eff. 1-1-02.)

(225 ILCS 325/4.5 new)

Sec. 4.5. References to Department or Director of Professional Regulation. References in this Act (i) to the Department of Professional Regulation are deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.

(225 ILCS 325/5) (from Ch. 111, par. 5205)

(Section scheduled to be repealed on January 1, 2010)

Sec. 5. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers and duties:

(a) To pass upon the qualifications and conduct examinations of applicants for licensure as professional engineers or enrollment as engineer interns and pass upon the qualifications of applicants by endorsement and issue a license or enrollment to those who are found to be fit and qualified.

(b) To prescribe rules for the method, conduct and grading of the examination of applicants.

(c) To license corporations, partnerships, professional service corporations, limited liability companies, and sole proprietorships for the practice of professional engineering and issue a license to those who qualify.

(d) To conduct investigations and hearings regarding violations of this Act and take disciplinary or other actions as provided in this Act as a result of the proceedings.

(e) To prescribe rules as to what shall constitute an engineering or related science curriculum and to determine if a specific engineering curriculum is in compliance with the rules, and to terminate the approval of a specific engineering curriculum for non-compliance with such rules.

(f) To promulgate rules required for the administration of this Act, including rules of professional conduct.

(g) To maintain membership in the National Council of Examiners for Engineering and Surveying and participate in activities of the Council by designation of individuals for the various classifications of membership, the appointment of delegates for attendance at zone and national meetings of the Council, and the funding of the delegates for attendance at the meetings of the Council.

(h) To obtain written recommendations from the Board regarding qualifications of individuals for licensure and enrollment, definitions of curriculum content and approval of engineering curricula, standards of professional conduct and formal disciplinary actions, and the promulgation of the rules affecting these matters.

Prior to issuance of any final decision or order that deviates from any report or recommendations of the Board relating to the qualification of applicants, discipline of licensees or registrants, or promulgation of rules, the Director shall notify the Board in writing with an explanation of any such deviation and provide a reasonable time for the Board to submit written comments to the Director regarding the proposed action. In the event that the Board fails or declines to submit such written comments within 30 days of said notification, the Director may issue a final decision or orders consistent with the Director's original decision. 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.

(i) To publish and distribute or to post on the Department's website, at least semi-annually, a newsletter to all persons licensed and registered under this Act. The newsletter shall describe the most recent changes in this Act and the rules adopted under this Act and shall contain information of any final disciplinary action that has been ordered under this Act since the date of the last newsletter.

(j) To contract with a corporation or other business entity to provide investigative, legal, prosecutorial, or other services necessary to perform its duties.

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. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)

(225 ILCS 325/7) (from Ch. 111, par. 5207)

(Section scheduled to be repealed on January 1, 2010)

Sec. 7. Powers and duties of the Board. 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, including conducting oral interviews as deemed necessary by the Board, to determine eligibility as an engineer intern or professional engineer and submit to the Director written recommendations on applicant qualifications for enrollment and licensure;

(b) 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;

(c) Conduct hearings regarding disciplinary actions and submit a written report and recommendations to the Director as required by this Act and to provide a Board member at informal conferences;

(d) Make visits to universities or colleges to evaluate engineering curricula or to otherwise evaluate engineering curricula and submit to the Director a written recommendation of acceptability of a curriculum;

(e) Submit a written recommendation to the Director concerning promulgation of rules as required in Section 5 and to recommend to the Director any rules or amendments thereto for the administration of this Act;

(f) Hold at least 3 regular meetings each year;

(g) Elect annually a chairperson and a vice-chairperson who shall be professional engineers; and

(h) Submit written comments to the Director within 30 days from notification of any final decision or order from the Director that deviates from any report or recommendation of the Board relating to the qualification of applicants, discipline of licensees or registrants, or promulgation of rules.

(i) Contract with a corporation or other business entity to provide investigative, legal, prosecutorial, or other services necessary to perform its duties.

(Source: P.A. 91-92, eff. 1-1-00.)

(225 ILCS 325/7.5 new)

Sec. 7.5. Complaint investigation and disposition.

(a) The Board shall receive and investigate complaints against a professional engineer or other person who may have committed a violation of this Act. The Board shall maintain the confidentiality of the complaint during the investigation.

(b) The Board shall specify all of the following:

(1) The manner by which a person may contact the Board for assistance in filing a complaint.

(2) The place at which a complaint must be filed.

(3) The proper form of a complaint.

(4) The information that must be included in a complaint.

(c) The Board's procedures must permit a member of the public who desires to file a complaint to:

(1) speak to an investigator on the staff of the Department if the person desires to do so; or

(2) easily and conveniently access the Department's complaint process without being required to speak to an investigator on the staff of the Department if the person does not desire to speak to an investigator.

(d) The Board shall consider any written grievance against a licensee or other person filed with the Board as a complaint.

(e) A complaint must include information sufficient for the Board to determine whether it has the authority to resolve the complaint. A complaint that contains sufficient information for the Board to commence an investigation is not required to include all of the information necessary for the Board to determine the validity of the complaint.

(f) On receipt of a complaint, the Board shall determine whether the Board has the authority to resolve the complaint. If the Board does not have the authority to resolve the complaint, the Board shall dismiss the complaint. If the Board has the authority to resolve the complaint, the Board shall initiate a disciplinary proceeding against the person who is the subject of the complaint.

(g) The Board shall prescribe a method for prioritizing complaints for purposes of complaint investigation. In establishing priorities the Board shall employ the following practices:

(1) a complaint that alleges an action that could potentially harm the public takes precedence over a complaint that does not allege an action that could potentially harm the public; and

(2) with regard to complaints that do not allege an action that could potentially harm the public, a complaint filed by a member of the public takes precedence over a complaint filed by the staff of the Department.

(h) The Department's staff is responsible for conducting all phases of complaint investigation, including gathering evidence necessary to determine the validity of the complaint.

(i) The Department may employ or contract with advisors, consultants, engineers, or other persons to provide technical assistance in investigations and disciplinary proceedings. Except for an action involving fraud, conspiracy, or malice, a person whose services are obtained by the Department under this subsection (i) is immune from civil liability and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of performing the person's official duties.

(j) The Department's staff shall regularly report to the Board on each complaint dismissed by Department staff and shall include all of the following information:

(1) The name of the complainant.

(2) The name of the person who is the subject of the complaint.

(3) The basis of the complaint.

(4) The reason for the dismissal of the complaint.

(k) Except as provided by Subsection (l), a complaint filed with the Board is public information.

(l) For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the Board or by the Department's staff or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure.

(m) In this Section, "frivolous complaint" means a complaint that the Board determined (i) was made for the purpose of harassment and (ii) does not demonstrate harm to any person.

(225 ILCS 325/7.10 new)

Sec. 7.10. Complaint information.

(a) In the collection of complaint information, the Board shall assign a number to each complaint filed with the Board and ensure that each phase of the processing of a complaint is appropriately documented.

(b) The Board shall maintain a file on each written complaint filed with the Board. The file must include each of the following:

(1) The name of the complainant.

(2) The date the complaint is received by the Board.

(3) The subject matter of the complaint.

(4) The name of each person contacted in relation to the complaint.

(5) A summary of the results of the review or investigation of the complaint.

(6) An explanation of the reason the file was closed, if the Department closed the file without taking action other than to investigate the complaint.

(c) The Board shall provide to the complainant and to each person who is a subject of the complaint a copy of the Board's policies and procedures relating to complaint investigation and resolution.

(d) The Board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint, unless the notice would jeopardize an undercover investigation.

(225 ILCS 325/7.15 new)

Sec. 7.15. Statistical analysis of complaints.

(a) The Board shall develop and maintain a complaint tracking system to monitor the processing of complaints filed with the Board.

(b) The Board shall annually provide a statistical analysis of the complaints filed with the Board during the preceding year, which shall include all of the following information:

(1) The number of complaints filed.

(2) A categorization of complaints filed according to the basis of the complaint and the number of complaints in each category.

(3) The number of complaints filed by Board staff.

(4) The number of complaints filed by persons other than Board staff.

(5) The average length of time required to resolve a complaint.

(6) The number of complaints resolved and the manner in which they were resolved, including the following:

(A) the number of complaints dismissed and the reasons for dismissal;

(B) the number of complaints resulting in disciplinary action, the disciplinary action taken, and whether the disciplinary action taken was imposed by stipulation, agreed settlement, consent order, default, or order following a contested case hearing; and

(C) the number of complaints filed that are unresolved, the number of those complaints filed by Board staff, the number of those complaints filed by persons other than Board staff, and the average length of time that the unresolved complaints have been on file.

(225 ILCS 325/7.20 new)

Sec. 7.20. Public participation. The Board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the Board and to speak on any issue under the jurisdiction of the Board.

(225 ILCS 325/10) (from Ch. 111, par. 5210)

(Section scheduled to be repealed on January 1, 2010)

Sec. 10. Minimum standards for examination for licensure as professional engineer. To qualify for licensure as a professional engineer each applicant shall be:

(a) A graduate of an approved engineering curriculum of at least 4 years who submits acceptable evidence to the Board of an additional 4 years or more of experience in engineering work of a grade and character which indicate that the individual may be competent to practice professional engineering, and who then passes a nominal 8-hour written examination in the fundamentals of engineering, and a nominal 8-hour written examination in the principles and practice of engineering. Upon passing both examinations, the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State; or

(b) A graduate of a non-approved engineering curriculum or a related science curriculum of at least 4 years and meeting the requirements as set forth by rule, who submits acceptable evidence to the Board of an additional 8 years or more of experience in engineering work of a grade and character which indicate that the individual may be competent to practice professional engineering, and who then passes a nominal 8-hour written examination in the fundamentals of engineering and a nominal 8-hour written examination in the principles and practice of engineering. Upon passing both examinations, the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State; or

(c) An engineer intern who meets the education and experience qualifications of subsection (a) or (b) of this Section and has passed the nominal 8-hour written examination in the fundamentals of engineering, by application and payment of the required fee, may then take the nominal 8-hour written examination in the principles and practice of engineering. If an engineer intern successfully completes the Upon passing that examination and submits evidence to the Board of meeting the experience qualifications of subsection (a) or (b) of this Section, he or she the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State.

(d) When considering an applicant's qualifications for licensure under this Act, the Department may take into consideration whether an applicant has engaged in conduct or actions that would constitute a violation of the Standards of Professional Conduct for this Act as provided for by administrative rules.

(Source: P.A. 91-92, eff. 1-1-00.)

(225 ILCS 325/17) (from Ch. 111, par. 5217)

(Section scheduled to be repealed on January 1, 2010)

Sec. 17. Licensure; Renewal; Restoration; Person in military service. The expiration date and renewal period for each professional engineer license issued under this Act shall be set by the Department by rule. The enrollment of an engineer intern shall not expire.

Any person whose license has expired or whose license is on inactive status may have such license restored by making application to the Department and filing proof acceptable to the Department of that person's fitness to have such license restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the person to complete a period of evaluated experience and may require successful completion of the principles and practice examination.

However, any person whose license expired while that person was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have such license renewed or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of such service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and has maintained professional competence and that such service, training or education has been so terminated.

Each application for renewal shall contain the original seal and signature of the professional engineer. Applicants for renewal or restoration shall certify that all conditions of their license meet the requirements of the Illinois Professional Engineering Practice Act of 1989.

The Department may grant the title "Retired" to eligible retirees to be used immediately adjacent to the title of Professional Engineer. The use of the title "PE Retired" shall not constitute representation of current licensure, registration, or certification. Any person without an active license, registration, or certificate shall not be permitted to practice professional engineering.

(Source: P.A. 89-61, eff. 6-30-95.)

(225 ILCS 325/42) (from Ch. 111, par. 5242)

(Section scheduled to be repealed on January 1, 2010)

Sec. 42. Civil penalties.

(1) In addition to any other penalty provided by law, any person, sole proprietorship, professional service corporation, limited liability company, partnership, or other entity who violates Section 40 of this Act shall forfeit and pay to the Design Professionals Administration and Investigation Fund a civil penalty in an amount determined by the Department of not more than $25,000 $5,000 for each offense. The penalty shall be assessed in proceedings as provided in Sections 26 through 33 and Section 37 of this Act.

(2) Unless the amount of the penalty is paid within 60 days after the order becomes final, the order shall constitute a judgment and shall be filed and execution issued thereon in the same manner as the judgment of a court of record.

(Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)

(225 ILCS 325/3 rep.)

Section 15. The Professional Engineering Practice Act of 1989 is amended by repealing Section 3.