Illinois General Assembly - Full Text of HB0900
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Full Text of HB0900  94th General Assembly

HB0900 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0900

 

Introduced 2/2/2005, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 305/4   from Ch. 111, par. 1304
225 ILCS 305/8   from Ch. 111, par. 1308
225 ILCS 305/16.5
225 ILCS 325/4   from Ch. 111, par. 5204
225 ILCS 325/5   from Ch. 111, par. 5205
225 ILCS 325/17.5
225 ILCS 330/4   from Ch. 111, par. 3254
225 ILCS 330/6   from Ch. 111, par. 3256
225 ILCS 330/18.5
225 ILCS 340/4   from Ch. 111, par. 6604
225 ILCS 340/6   from Ch. 111, par. 6606
225 ILCS 340/14.5

    Amends the Illinois Architecture Practice Act of 1989. Defines "Architect, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired architects who have been granted the title and who meet certain other requirements. Amends the Professional Engineering Practice Act. Defines "Professional Engineer, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired professional engineers who have been granted the title and who meet certain other requirements. Amends the Professional Land Surveyor Act of 1989. Defines "Professional Land Surveyor, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired professional land surveyors who have been granted the title and who meet certain other requirements. Amends the Structural Engineering Practice Act. Defines "Structural Engineer, Retired". Requires the Department of Financial and Professional Regulation to adopt rules concerning the issuance of the title and allows the Department to exempt from continuing education requirements retired structural engineers who have been granted the title and who meet certain other requirements. Effective January 1, 2006.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0900 LRB094 07090 RAS 37235 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Architecture Practice Act of 1989
5 is amended by changing Sections 4, 8, and 16.5 as follows:
 
6     (225 ILCS 305/4)  (from Ch. 111, par. 1304)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 4. Definitions. In this Act:
9     (a) "Department" means the Department of Professional
10 Regulation.
11     (b) "Director" means the Director of Professional
12 Regulation.
13     (c) "Board" means the Illinois Architecture Licensing
14 Board appointed by the Director.
15     (d) "Public health" as related to the practice of
16 architecture means the state of the well-being of the body or
17 mind of the building user.
18     (e) "Public safety" as related to the practice of
19 architecture means the state of being reasonably free from risk
20 of danger, damage, or injury.
21     (f) "Public welfare" as related to the practice of
22 architecture means the well-being of the building user
23 resulting from the state of a physical environment that
24 accommodates human activity.
25     (g) "Architect, Retired" means the title granted by the
26 Department of Financial and Professional Regulation to a person
27 who has been duly licensed as an architect by the Department
28 and who chooses to relinquish or not renew his or her license.
29 (Source: P.A. 93-1009, eff. 1-1-05.)
 
30     (225 ILCS 305/8)  (from Ch. 111, par. 1308)
31     (Section scheduled to be repealed on January 1, 2010)

 

 

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1     Sec. 8. Powers and duties of the Department.
2     (1) Subject to the provisions of this Act, the Department
3 shall exercise the following functions, powers, and duties:
4         (a) conduct examinations to ascertain the
5     qualifications and fitness of applicants for licensure as
6     licensed architects, and pass upon the qualifications and
7     fitness of applicants for licensure by endorsement;
8         (b) prescribe rules for a method of examination of
9     candidates;
10         (c) prescribe rules defining what constitutes a
11     school, college or university, or department of a
12     university, or other institution, reputable and in good
13     standing, to determine whether or not a school, college or
14     university, or department of a university, or other
15     institution is reputable and in good standing by reference
16     to compliance with such rules, and to terminate the
17     approval of such school, college or university or
18     department of a university or other institution that
19     refuses admittance to applicants solely on the basis of
20     race, color, creed, sex or national origin. The Department
21     may adopt, as its own rules relating to education
22     requirements, those guidelines published from time to time
23     by the National Architectural Accrediting Board;
24         (d) prescribe rules for diversified professional
25     training;
26         (e) conduct oral interviews, disciplinary conferences
27     and formal evidentiary hearings on proceedings to impose
28     fines or to suspend, revoke, place on probationary status,
29     reprimand, and refuse to issue or restore any license
30     issued under the provisions of this Act for the reasons set
31     forth in Section 22 of this Act;
32         (f) issue licenses to those who meet the requirements
33     of this Act;
34         (g) formulate and publish rules necessary or
35     appropriate to carrying out the provisions of this Act; and
36         (h) maintain membership in the National Council of

 

 

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1     Architectural Registration Boards and participate in
2     activities of the Council by designation of individuals for
3     the various classifications of membership and the
4     appointment of delegates for attendance at regional and
5     national meetings of the Council. All costs associated with
6     membership and attendance of such delegates to any national
7     meetings may be funded from the Design Professionals
8     Administration and Investigation Fund; and .
9         (i) adopt rules concerning the issuance of the title
10     "Architect, Retired".
11     (2) Prior to issuance of any final decision or order that
12 deviates from any report or recommendation of the Board
13 relating to the qualification of applicants, discipline of
14 licensees or registrants, or promulgation of rules, the
15 Director shall notify the Board in writing with an explanation
16 of the deviation and provide a reasonable time for the Board to
17 submit written comments to the Director regarding the proposed
18 action. In the event that the Board fails or declines to submit
19 written comments within 30 days of the notification, the
20 Director may issue a final decision or order consistent with
21 the Director's original decision. The Department may at any
22 time seek the expert advice and knowledge of the Board on any
23 matter relating to the enforcement of this Act.
24 (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
25     (225 ILCS 305/16.5)
26     (Section scheduled to be repealed on January 1, 2010)
27     Sec. 16.5. Continuing education. The Department may
28 promulgate rules of continuing education for persons licensed
29 under this Act. The Department shall consider the
30 recommendations of the Board in establishing the guidelines for
31 the continuing education requirements. The requirements of
32 this Section apply to any person seeking renewal or restoration
33 under Section 16 or 17 of this Act.
34     The Department may, by rule, exempt from continuing
35 education requirements retired architects who apply for and are

 

 

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1 granted the tile "Architect, Retired" and who no longer sign
2 and seal architectural documents or actively engage in the
3 practice of architecture as defined by this Act.
4 (Source: P.A. 91-133, eff. 1-1-00.)
 
5     Section 10. The Professional Engineering Practice Act of
6 1989 is amended by changing Sections 4, 5, and 17.5 as follows:
 
7     (225 ILCS 325/4)  (from Ch. 111, par. 5204)
8     (Section scheduled to be repealed on January 1, 2010)
9     Sec. 4. Definitions. As used in this Act:
10     (a) "Approved engineering curriculum" means an engineering
11 curriculum or program of 4 academic years or more which meets
12 the standards established by the rules of the Department.
13     (b) "Board" means the State Board of Professional Engineers
14 of the Department of Professional Regulation, previously known
15 as the Examining Committee.
16     (c) "Department" means the Department of Professional
17 Regulation.
18     (d) "Design professional" means an architect, structural
19 engineer or professional engineer practicing in conformance
20 with the Illinois Architecture Practice Act of 1989, the
21 Structural Engineering Practice Act of 1989 or the Professional
22 Engineering Practice Act of 1989.
23     (e) "Director" means the Director of Professional
24 Regulation.
25     (f) "Direct supervision/responsible charge" means work
26 prepared under the control of a licensed professional engineer
27 or that work as to which that professional engineer has
28 detailed professional knowledge.
29     (g) "Engineering college" means a school, college,
30 university, department of a university or other educational
31 institution, reputable and in good standing in accordance with
32 rules prescribed by the Department, and which grants
33 baccalaureate degrees in engineering.
34     (h) "Engineering system or facility" means a system or

 

 

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1 facility whose design is based upon the application of the
2 principles of science for the purpose of modification of
3 natural states of being.
4     (i) "Engineer intern" means a person who is a candidate for
5 licensure as a professional engineer and who has been enrolled
6 as an engineer intern.
7     (j) "Enrollment" means an action by the Department to
8 record those individuals who have met the Board's requirements
9 for an engineer intern.
10     (k) "License" means an official document issued by the
11 Department to an individual, a corporation, a partnership, a
12 professional service corporation, a limited liability company,
13 or a sole proprietorship, signifying authority to practice.
14     (l) "Negligence in the practice of professional
15 engineering" means the failure to exercise that degree of
16 reasonable professional skill, judgment and diligence normally
17 rendered by professional engineers in the practice of
18 professional engineering.
19     (m) "Professional engineer" means a person licensed under
20 the laws of the State of Illinois to practice professional
21 engineering.
22     (n) "Professional engineering" means the application of
23 science to the design of engineering systems and facilities
24 using the knowledge, skills, ability and professional judgment
25 developed through professional engineering education, training
26 and experience.
27     (o) "Professional engineering practice" means the
28 consultation on, conception, investigation, evaluation,
29 planning, and design of, and selection of materials to be used
30 in, administration of construction contracts for, or site
31 observation of, an engineering system or facility, where such
32 consultation, conception, investigation, evaluation, planning,
33 design, selection, administration, or observation requires
34 extensive knowledge of engineering laws, formulae, materials,
35 practice, and construction methods. A person shall be construed
36 to practice or offer to practice professional engineering,

 

 

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1 within the meaning and intent of this Act, who practices, or
2 who, by verbal claim, sign, advertisement, letterhead, card, or
3 any other way, is represented to be a professional engineer, or
4 through the use of the initials "P.E." or the title "engineer"
5 or any of its derivations or some other title implies licensure
6 as a professional engineer, or holds himself out as able to
7 perform any service which is recognized as professional
8 engineering practice.
9     Examples of the practice of professional engineering
10 include, but need not be limited to, transportation facilities
11 and publicly owned utilities for a region or community,
12 railroads, railways, highways, subways, canals, harbors, river
13 improvements; irrigation works; aircraft, airports and landing
14 fields; waterworks, piping systems and appurtenances, sewers,
15 sewage disposal works; plants for the generation of power;
16 devices for the utilization of power; boilers; refrigeration
17 plants, air conditioning systems and plants; heating systems
18 and plants; plants for the transmission or distribution of
19 power; electrical plants which produce, transmit, distribute,
20 or utilize electrical energy; works for the extraction of
21 minerals from the earth; plants for the refining, alloying or
22 treating of metals; chemical works and industrial plants
23 involving the use of chemicals and chemical processes; plants
24 for the production, conversion, or utilization of nuclear,
25 chemical, or radiant energy; forensic engineering,
26 geotechnical engineering including, subsurface investigations;
27 soil classification, geology and geohydrology, incidental to
28 the practice of professional engineering; energy analysis,
29 environmental design, hazardous waste mitigation and control;
30 recognition, measurement, evaluation and control of
31 environmental systems and emissions; automated building
32 management systems; or the provision of professional
33 engineering site observation of the construction of works and
34 engineering systems. Nothing contained in this Section imposes
35 upon a person licensed under this Act the responsibility for
36 the performance of any of the foregoing functions unless such

 

 

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1 person specifically contracts to provide it.
2     (p) "Project representative" means the professional
3 engineer's representative at the project site who assists in
4 the administration of the construction contract.
5     (q) "Registered" means the same as "licensed" for purposes
6 of this Act.
7     (r) "Related science curriculum" means a 4 year program of
8 study, the satisfactory completion of which results in a
9 Bachelor of Science degree, and which contains courses from
10 such areas as life, earth, engineering and computer sciences,
11 including but not limited to, physics and chemistry. In the
12 study of these sciences, the objective is to acquire
13 fundamental knowledge about the nature of its phenomena,
14 including quantitative expression, appropriate to particular
15 fields of engineering.
16     (s) "Rules" means those rules promulgated pursuant to this
17 Act.
18     (t) "Seal" means the seal in compliance with Section 14 of
19 this Act.
20     (u) "Site observation" is visitation of the construction
21 site for the purpose of reviewing, as available, the quality
22 and conformance of the work to the technical submissions as
23 they relate to design.
24     (v) "Support design professional" means a professional
25 engineer practicing in conformance with the Professional
26 Engineering Practice Act of 1989, who provides services to the
27 design professional who has contract responsibility.
28     (w) "Technical submissions" means designs, drawings, and
29 specifications which establish the standard of quality for
30 materials, workmanship, equipment, and the construction
31 systems, studies, and other technical reports prepared in the
32 course of a design professional's practice.
33     (x) "Professional Engineer, Retired" means the title
34 granted by the Department of Financial and Professional
35 Regulation to a person who has been duly licensed as a
36 professional engineer by the Department and who chooses to

 

 

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1 relinquish or not renew his or her license.
2 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16,
3 eff. 6-28-01; 92-145, eff. 1-1-02.)
 
4     (225 ILCS 325/5)  (from Ch. 111, par. 5205)
5     (Section scheduled to be repealed on January 1, 2010)
6     Sec. 5. Powers and duties of the Department. Subject to the
7 provisions of this Act, the Department shall exercise the
8 following functions, powers and duties:
9         (a) To pass upon the qualifications and conduct
10     examinations of applicants for licensure as professional
11     engineers or enrollment as engineer interns and pass upon
12     the qualifications of applicants by endorsement and issue a
13     license or enrollment to those who are found to be fit and
14     qualified.
15         (b) To prescribe rules for the method, conduct and
16     grading of the examination of applicants.
17         (c) To license corporations, partnerships,
18     professional service corporations, limited liability
19     companies, and sole proprietorships for the practice of
20     professional engineering and issue a license to those who
21     qualify.
22         (d) To conduct investigations and hearings regarding
23     violations of this Act and take disciplinary or other
24     actions as provided in this Act as a result of the
25     proceedings.
26         (e) To prescribe rules as to what shall constitute an
27     engineering or related science curriculum and to determine
28     if a specific engineering curriculum is in compliance with
29     the rules, and to terminate the approval of a specific
30     engineering curriculum for non-compliance with such rules.
31         (f) To promulgate rules required for the
32     administration of this Act, including rules of
33     professional conduct.
34         (g) To maintain membership in the National Council of
35     Examiners for Engineering and Surveying and participate in

 

 

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1     activities of the Council by designation of individuals for
2     the various classifications of membership, the appointment
3     of delegates for attendance at zone and national meetings
4     of the Council, and the funding of the delegates for
5     attendance at the meetings of the Council.
6         (h) To obtain written recommendations from the Board
7     regarding qualifications of individuals for licensure and
8     enrollment, definitions of curriculum content and approval
9     of engineering curricula, standards of professional
10     conduct and formal disciplinary actions, and the
11     promulgation of the rules affecting these matters.
12         Prior to issuance of any final decision or order that
13     deviates from any report or recommendations of the Board
14     relating to the qualification of applicants, discipline of
15     licensees or registrants, or promulgation of rules, the
16     Director shall notify the Board in writing with an
17     explanation of any such deviation and provide a reasonable
18     time for the Board to submit written comments to the
19     Director regarding the proposed action. In the event that
20     the Board fails or declines to submit such written comments
21     within 30 days of said notification, the Director may issue
22     a final decision or orders consistent with the Director's
23     original decision. The Department may at any time seek the
24     expert advice and knowledge of the Board on any matter
25     relating to the enforcement of this Act.
26         (i) To publish and distribute or to post on the
27     Department's website, at least semi-annually, a newsletter
28     to all persons licensed and registered under this Act. The
29     newsletter shall describe the most recent changes in this
30     Act and the rules adopted under this Act and shall contain
31     information of any final disciplinary action that has been
32     ordered under this Act since the date of the last
33     newsletter.
34         (j) To adopt rules concerning the issuance of the title
35     "Professional Engineer, Retired".
36     None of the functions, powers or duties enumerated in this

 

 

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1 Section shall be exercised by the Department except upon the
2 action and report in writing of the Board.
3 (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
 
4     (225 ILCS 325/17.5)
5     (Section scheduled to be repealed on January 1, 2010)
6     Sec. 17.5. Continuing education. The Department may
7 promulgate rules of continuing education for persons licensed
8 under this Act. The Department shall consider the
9 recommendations of the Board in establishing the guidelines for
10 the continuing education requirements. The requirements of
11 this Section apply to any person seeking renewal or restoration
12 under Section 17 or 18 of this Act.
13     The Department may, by rule, exempt from continuing
14 education requirements retired professional engineers who
15 apply for and are granted the title "Professional Engineer,
16 Retired" and who no longer sign and seal engineering documents
17 or actively engage in the practice of engineering as defined by
18 this Act.
19 (Source: P.A. 91-92, eff. 1-1-00.)
 
20     Section 15. The Illinois Professional Land Surveyor Act of
21 1989 is amended by changing Sections 4, 6, and 18.5 as follows:
 
22     (225 ILCS 330/4)  (from Ch. 111, par. 3254)
23     (Section scheduled to be repealed on January 1, 2010)
24     Sec. 4. Definitions. As used in this Act:
25     (a) "Department" means the Department of Professional
26 Regulation.
27     (b) "Director" means the Director of Professional
28 Regulation.
29     (c) "Board" means the Land Surveyors Licensing Board.
30     (d) "Direct supervision and control" means the personal
31 review by a Licensed Professional Land Surveyor of each survey,
32 including, but not limited to, procurement, research, field
33 work, calculations, preparation of legal descriptions and

 

 

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1 plats. The personal review shall be of such a nature as to
2 assure the client that the Professional Land Surveyor or the
3 firm for which the Professional Land Surveyor is employed is
4 the provider of the surveying services.
5     (e) "Responsible charge" means an individual responsible
6 for the various components of the land survey operations
7 subject to the overall supervision and control of the
8 Professional Land Surveyor.
9     (f) "Design professional" means a land surveyor,
10 architect, structural engineer, or professional engineer
11 licensed in conformance with this Act, the Illinois
12 Architecture Practice Act of 1989, the Structural Engineering
13 Practice Act of 1989, or the Professional Engineering Practice
14 Act of 1989.
15     (g) "Professional Land Surveyor" means any person licensed
16 under the laws of the State of Illinois to practice land
17 surveying, as defined by this Act or its rules.
18     (h) "Land Surveyor-in-Training" means any person licensed
19 under the laws of the State of Illinois who has qualified for,
20 taken, and passed an examination in the fundamental land
21 surveyor-in-training subjects as provided by this Act or its
22 rules.
23     (i) "Land surveying experience" means those activities
24 enumerated in Section 5 of this Act, which, when exercised in
25 combination, to the satisfaction of the Board, is proof of an
26 applicant's broad range of training in and exposure to the
27 prevailing practice of land surveying.
28     (j) "Professional Land Surveyor, Retired" means the title
29 granted by the Department of Financial and Professional
30 Regulation to a person who has been duly licensed as a
31 professional land surveyor by the Department and who chooses to
32 relinquish or not renew his or her license.
33 (Source: P.A. 92-16, eff. 6-28-01; 93-467, eff. 1-1-04.)
 
34     (225 ILCS 330/6)  (from Ch. 111, par. 3256)
35     (Section scheduled to be repealed on January 1, 2010)

 

 

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1     Sec. 6. Powers and duties of the Department.
2     (a) The Department shall exercise the powers and duties
3 prescribed by The Illinois Administrative Procedure Act for the
4 administration of licensing Acts. The Department shall also
5 exercise, subject to the provisions of this Act, the following
6 powers and duties:
7         (1) Conduct or authorize examinations to ascertain the
8     fitness and qualifications of applicants for licensure and
9     issue licenses to those who are found to be fit and
10     qualified.
11         (2) Prescribe rules for a method of examination.
12         (3) Conduct hearings on proceedings to revoke,
13     suspend, or refuse to issue, renew, or restore a license,
14     or other disciplinary actions.
15         (4) Promulgate rules and regulations required for the
16     administration of this Act.
17         (5) License corporations and partnerships for the
18     practice of professional surveying and issue a license to
19     those who qualify.
20         (6) Prescribe, adopt, and amend rules as to what shall
21     constitute a surveying or related science curriculum,
22     determine if a specific surveying curriculum is in
23     compliance with the rules, and terminate the approval of a
24     specific surveying curriculum for non-compliance with such
25     rules.
26         (7) Maintain membership in the National Council of
27     Engineering Examiners or a similar organization and
28     participate in activities of the Council or organization by
29     designating individuals for the various classifications of
30     membership and appoint delegates for attendance at zone and
31     national meetings of the Council or organization.
32         (8) Obtain written recommendations from the Board
33     regarding qualification of individuals for licensing,
34     definition of curriculum content and approval of surveying
35     curriculums, standards of professional conduct and
36     disciplinary actions, promulgate and amend the rules

 

 

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1     affecting these matters, and consult with the Board on
2     other matters affecting administration of the Act.
3         (9) Adopt rules concerning the issuance of the title
4     "Professional Land Surveyor, Retired".
5     (a-5) The Department may promulgate rules for a Code of
6 Ethics and Standards of Practice to be followed by persons
7 licensed under this Act. The Department shall consider the
8 recommendations of the Board in establishing the Code of Ethics
9 and Standards of Practice.
10     (b) The Department shall consult with the Board in
11 promulgating rules. Notice of proposed rulemaking shall be
12 transmitted to the Board and the Department shall review the
13 Board's response and recommendations.
14     (c) The Department shall review the Board's recommendation
15 of the applicants' qualifications. The Director shall notify
16 the Board in writing with an explanation of any deviation from
17 the Board's recommendation. After review of the Director's
18 written explanation of his or her reasons for deviation, the
19 Board shall have the opportunity to comment upon the Director's
20 decision.
21     Whenever the Director is not satisfied that substantial
22 justice has been done in the revocation or suspension of a
23 license, or other disciplinary action the Director may order
24 re-hearing by the same or other boards.
25     None of the functions, powers or duties enumerated in this
26 Section shall be exercised by the Department except upon the
27 action and report in writing of the Board.
28 (Source: P.A. 93-467, eff. 1-1-04.)
 
29     (225 ILCS 330/18.5)
30     (Section scheduled to be repealed on January 1, 2010)
31     Sec. 18.5. Continuing education. The Department may
32 promulgate rules of continuing education for persons licensed
33 under this Act. The Department shall consider the
34 recommendations of the Board in establishing the guidelines for
35 the continuing education requirements. The requirements of

 

 

HB0900 - 14 - LRB094 07090 RAS 37235 b

1 this Section apply to any person seeking renewal or restoration
2 under Section 18 or 19 of this Act.
3     The Department may, by rule, exempt from continuing
4 education requirements retired professional land surveyors who
5 apply for and are granted the title "Professional Land
6 Surveyor, Retired" and who no longer sign and seal land
7 surveying documents or actively engage in the practice of land
8 surveying as defined by this Act.
9 (Source: P.A. 91-132, eff. 1-1-00.)
 
10     Section 20. The Structural Engineering Practice Act of 1989
11 is amended by changing Sections 4, 6, and 14.5 as follows:
 
12     (225 ILCS 340/4)  (from Ch. 111, par. 6604)
13     (Section scheduled to be repealed on January 1, 2010)
14     Sec. 4. In this Act:
15     (a) "Department" means the Department of Professional
16 Regulation.
17     (b) "Director" means the Director of the Department of
18 Professional Regulation.
19     (c) "Board" means the Structural Engineering Board
20 appointed by the Director.
21     (d) "Negligence in the practice of structural engineering"
22 means the failure to exercise that degree of reasonable
23 professional skill, judgment and diligence normally rendered
24 by structural engineers in the practice of structural
25 engineering.
26     (e) "Structural engineer intern" means a person who is a
27 candidate for licensure as a structural engineer and who has
28 been enrolled as a structural engineer intern.
29     (f) "Structural engineer" means a person licensed under the
30 laws of the State of Illinois to practice structural
31 engineering.
32     (g) "Structural Engineer, Retired" means the title granted
33 by the Department of Financial and Professional Regulation to a
34 person who has been duly licensed as a structural engineer by

 

 

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1 the Department and who chooses to relinquish or not renew his
2 or her license.
3 (Source: P.A. 91-91, eff. 1-1-00.)
 
4     (225 ILCS 340/6)  (from Ch. 111, par. 6606)
5     (Section scheduled to be repealed on January 1, 2010)
6     Sec. 6. The Department of Professional Regulation shall
7 exercise the following functions, powers and duties subject to
8 the provisions of this Act:
9         (1) Conduct examinations to ascertain the
10     qualifications and fitness of applicants for licensure as
11     licensed structural engineers, and pass upon the
12     qualifications and fitness of applicants for licensure by
13     endorsement.
14         (2) Prescribe rules for a method of examination of
15     candidates.
16         (3) Prescribe rules defining what shall constitute a
17     school, college or university or department of a
18     university, or other institution, reputable and in good
19     standing, and to determine the reputability and good
20     standing of a school, college or other institution
21     reputable and in good standing by reference to a compliance
22     with such rules; provided that no school, college or
23     university, or department of a university or other
24     institution that refuses admittance to applicants, solely
25     on account of race, color, creed, sex, religion, physical
26     or mental handicap unrelated to ability, or national origin
27     shall be considered reputable and in good standing.
28         (3.5) Register corporations, partnerships,
29     professional service corporations, limited liability
30     companies, and sole proprietorships for the practice of
31     structural engineering and issue a license to those who
32     qualify.
33         (4) Investigate complaints, conduct oral interviews,
34     disciplinary conferences, and formal evidentiary hearings
35     on proceedings to refuse to issue, renew or restore, or to

 

 

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1     suspend or revoke a license, or to place on probation or
2     reprimand a licensee for reasons set forth in Section 20 of
3     this Act.
4         (5) Formulate rules necessary to carry out the
5     provisions of this Act.
6         (6) Maintain membership in a national organization
7     that provides an acceptable structural engineering
8     examination and participate in activities of the
9     organization by designation of individuals for the various
10     classifications of membership and the appointment of
11     delegates for attendance at regional and national meetings
12     of the organization. All costs associated with membership
13     and attendance of such delegates to any national meetings
14     may be funded from the Design Professionals Administration
15     and Investigation Fund.
16         (7) Adopt rules concerning the issuance of the title
17     "Structural Engineer, Retired".
18     Prior to issuance of any final decision or order that
19 deviates from any report or recommendation of the Board
20 relating to the qualification of applicants, discipline of
21 licensees or registrants, or promulgation of rules, the
22 Director shall notify the Board and the Secretary of State in
23 writing with an explanation of any such deviation and provide a
24 reasonable time for the Board to submit written comments to the
25 Director regarding the proposed action. In the event that the
26 Board fails or declines to submit such written comments within
27 30 days of said notification, the Director may issue a final
28 decision or order consistent with the Director's original
29 decision.
30     None of these functions, powers or duties shall be
31 exercised by the Department of Professional Regulation except
32 upon the action and report in writing of the Board.
33 (Source: P.A. 91-91, eff. 1-1-00.)
 
34     (225 ILCS 340/14.5)
35     (Section scheduled to be repealed on January 1, 2010)

 

 

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1     Sec. 14.5. Continuing education. The Department may
2 promulgate rules of continuing education for persons licensed
3 under this Act. The Department shall consider the
4 recommendations of the Board in establishing the guidelines for
5 the continuing education requirements. The requirements of
6 this Section apply to any person seeking renewal or restoration
7 under Section 14 or 15 of this Act.
8     The Department may, by rule, exempt from continuing
9 education requirements retired structural engineers who apply
10 for and are granted the title "Structural Engineer, Retired"
11 and who no longer sign and seal structural engineering
12 documents or actively engage in the practice of structural
13 engineering as defined by this Act.
14 (Source: P.A. 91-91, eff. 1-1-00.)
 
15     Section 99. Effective date. This Act takes effect January
16 1, 2006.