Full Text of HB1281 95th General Assembly
HB1281 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1281
Introduced 2/20/2007, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
|
225 ILCS 325/3 |
from Ch. 111, par. 5203 |
225 ILCS 325/4 |
from Ch. 111, par. 5204 |
225 ILCS 325/8 |
from Ch. 111, par. 5208 |
|
Amends the Professional Engineering Practice Act of 1989. Provides that the exemption from the Act of services performed by employees of a business organization engaged in utility, industrial, or manufacturing operations, or by employees of laboratory research affiliates of such business organization, that are rendered in connection with the fabrication or production, sale, and installation of products, systems, or non-engineering services of the business organization or its affiliates does not extend to the construction, rehabilitation, or reconstruction of infrastructure, utility systems, or manufacturing processes of the business organization on its property, or on public property or rights of way where such work may impact the health, safety, or welfare of the public or business organization employees. Removes provisions exempting from the Act the services, for private use, of contractors or owners in the construction of engineering works or the installation of equipment. Provides that examples of "professional engineering practice" include fire protection systems and control systems. Removes the Test of Spoken English (TSE) from the group of tests that an applicant for licensure who graduated from an engineering program outside the United States or its territories and whose first language is not English may submit certification of passage of to the Department of Financial and Professional Regulation.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1281 |
|
LRB095 07640 RAS 27791 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 Professional Engineering Practice Act of | 5 |
| 1989 is amended by changing Sections 3, 4, and 8 as follows:
| 6 |
| (225 ILCS 325/3) (from Ch. 111, par. 5203)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 3. Application of the Act; Exemptions.
| 9 |
| (a) Nothing in this Act shall be construed to prevent the | 10 |
| practice of
structural engineering as defined in the Structural
| 11 |
| Engineering Practice Act of 1989 or the practice of
| 12 |
| architecture
as defined in the Illinois Architecture Practice | 13 |
| Act of 1989 or the
regular and customary practice of | 14 |
| construction contracting and construction
management as | 15 |
| performed by construction contractors.
| 16 |
| (b) Nothing in this Act shall prevent:
| 17 |
| (1) Employees, including project representatives, of | 18 |
| professional
engineers lawfully practicing as sole owners, | 19 |
| partnerships or
corporations under this Act, from acting | 20 |
| under the direct supervision of
their employers.
| 21 |
| (2) The employment of owner's representatives by the | 22 |
| owner during the
constructing, adding to, or altering of a | 23 |
| project, or any parts thereof,
provided that such owner's |
|
|
|
HB1281 |
- 2 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| representative shall not have the authority
to deviate from | 2 |
| the technical submissions without the prior approval of
the | 3 |
| professional engineer for the project.
| 4 |
| (3) The practice of officers and employees of the | 5 |
| Government of the
United States while engaged within this | 6 |
| State in the practice of the
profession of engineering for | 7 |
| the Government.
| 8 |
| (4) Services performed by employees of a business | 9 |
| organization engaged
in utility, industrial or | 10 |
| manufacturing operations, or by employees of
laboratory | 11 |
| research affiliates of such business organization which | 12 |
| are
rendered in connection with the fabrication or | 13 |
| production, sale, and
installation of products, systems, | 14 |
| or nonengineering services of the
business organization or | 15 |
| its affiliates. This exemption does not extend to the | 16 |
| construction, rehabilitation, or reconstruction of | 17 |
| infrastructure, utility systems, or manufacturing | 18 |
| processes of the business organization on its property, or | 19 |
| on public property or rights of way where such work may | 20 |
| impact the health, safety, or welfare of the public or | 21 |
| business organization employees.
| 22 |
| (5) Inspection, maintenance and service work done by | 23 |
| employees of the
State of Illinois, any political | 24 |
| subdivision thereof or any
municipality.
| 25 |
| (6) The activities performed by those ordinarily | 26 |
| designated as chief
engineer of plant operation, chief |
|
|
|
HB1281 |
- 3 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| operating engineer, locomotive,
stationary, marine, power | 2 |
| plant or hoisting and portable engineers,
electrical | 3 |
| maintenance or service engineers, personnel employed in
| 4 |
| connection with construction, operation or maintenance of | 5 |
| street
lighting, traffic control signals, police and fire | 6 |
| alarm systems,
waterworks, steam, electric, and sewage | 7 |
| treatment and disposal plants,
or the services ordinarily | 8 |
| performed by any worker regularly employed as
a locomotive, | 9 |
| stationary, marine, power plant, or hoisting and portable
| 10 |
| engineer or electrical maintenance or service engineer for | 11 |
| any
corporation, contractor
contract operator, or | 12 |
| employer.
| 13 |
| (7) The activities performed by a person ordinarily | 14 |
| designated as
a supervising engineer or supervising | 15 |
| electrical maintenance or service
engineer who supervises | 16 |
| the operation of, or who operates, machinery or
equipment, | 17 |
| or who supervises construction or the installation of
| 18 |
| equipment within a plant which is under such person's | 19 |
| immediate
supervision.
| 20 |
| (8) (Blank).
The services, for private use, of | 21 |
| contractors or owners in the
construction of engineering | 22 |
| works or the installation of equipment.
| 23 |
| (c) No officer, board, commission, or other public entity | 24 |
| charged with
the enforcement of codes and ordinances involving | 25 |
| a professional
engineering project shall accept for filing or | 26 |
| approval any technical
submissions that do not bear the seal |
|
|
|
HB1281 |
- 4 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| and signature of a professional
engineer licensed under this | 2 |
| Act.
| 3 |
| (d) Nothing contained in this Section imposes upon a person | 4 |
| licensed
under this Act the responsibility for the performance | 5 |
| of any of the
foregoing functions unless such person | 6 |
| specifically contracts to provide it.
| 7 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 8 |
| (225 ILCS 325/4) (from Ch. 111, par. 5204)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 4. Definitions. As used in this Act:
| 11 |
| (a) "Approved engineering curriculum" means
an engineering | 12 |
| curriculum or program
of 4 academic years or more which meets | 13 |
| the standards established by the
rules of the Department.
| 14 |
| (b) "Board" means the State Board of Professional Engineers | 15 |
| of the
Department of Professional Regulation, previously known | 16 |
| as the Examining
Committee.
| 17 |
| (c) "Department" means the Department of Professional | 18 |
| Regulation.
| 19 |
| (d) "Design professional" means an architect, structural | 20 |
| engineer or
professional engineer practicing in conformance | 21 |
| with the Illinois
Architecture Practice Act of 1989, the | 22 |
| Structural
Engineering Practice Act of 1989 or the
Professional | 23 |
| Engineering Practice Act of 1989.
| 24 |
| (e) "Director" means the Director of Professional | 25 |
| Regulation.
|
|
|
|
HB1281 |
- 5 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| (f) "Direct supervision/responsible charge" means work
| 2 |
| prepared under the control of a licensed professional engineer | 3 |
| or that
work as to which that professional engineer has | 4 |
| detailed professional
knowledge.
| 5 |
| (g) "Engineering college" means a school, college, | 6 |
| university,
department of a university or other educational | 7 |
| institution, reputable
and in good standing in accordance with | 8 |
| rules prescribed by the
Department, and which grants | 9 |
| baccalaureate degrees in engineering.
| 10 |
| (h) "Engineering system or facility" means a system or | 11 |
| facility whose
design is based upon the application of the | 12 |
| principles of science for
the purpose of modification of | 13 |
| natural states of being.
| 14 |
| (i) "Engineer intern" means a person who is a candidate for
| 15 |
| licensure as a professional engineer and who has been enrolled | 16 |
| as an
engineer intern.
| 17 |
| (j) "Enrollment" means an action by the Department to | 18 |
| record those
individuals who have met the Board's requirements | 19 |
| for an engineer
intern.
| 20 |
| (k) "License" means an official document issued by the | 21 |
| Department to
an individual, a corporation, a partnership, a | 22 |
| professional
service corporation, a limited liability company, | 23 |
| or a sole proprietorship,
signifying authority to
practice.
| 24 |
| (l) "Negligence in the practice of professional | 25 |
| engineering" means the
failure to exercise that degree of | 26 |
| reasonable professional skill, judgment
and diligence normally |
|
|
|
HB1281 |
- 6 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| rendered by professional engineers in the
practice of | 2 |
| professional engineering.
| 3 |
| (m) "Professional engineer" means a person licensed under | 4 |
| the laws
of the State of Illinois to practice professional | 5 |
| engineering.
| 6 |
| (n) "Professional engineering" means the application of | 7 |
| science to the
design of engineering systems and facilities | 8 |
| using the knowledge,
skills, ability and professional judgment | 9 |
| developed through professional
engineering education, training | 10 |
| and experience.
| 11 |
| (o) "Professional engineering practice" means the | 12 |
| consultation on,
conception, investigation, evaluation, | 13 |
| planning, and design of, and
selection of materials to be used | 14 |
| in, administration of
construction contracts for, or site | 15 |
| observation of,
an engineering system
or facility, where such | 16 |
| consultation, conception, investigation,
evaluation, planning, | 17 |
| design, selection, administration, or observation
requires | 18 |
| extensive knowledge of engineering laws, formulae, materials,
| 19 |
| practice, and construction methods. A person shall be construed | 20 |
| to
practice or offer to practice professional engineering, | 21 |
| within the
meaning and intent of this Act, who practices, or | 22 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or | 23 |
| any other way, is represented
to be a professional engineer, or | 24 |
| through the use of the initials "P.E."
or the title "engineer" | 25 |
| or any of its derivations or some other title
implies licensure | 26 |
| as a professional engineer, or holds himself out as able to
|
|
|
|
HB1281 |
- 7 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| perform any service which is recognized as professional | 2 |
| engineering
practice.
| 3 |
| Examples of the practice of professional engineering | 4 |
| include, but need
not be limited to, transportation facilities | 5 |
| and publicly owned
utilities for a region or community,
| 6 |
| railroads, railways, highways, subways, canals, harbors, river
| 7 |
| improvements; irrigation works; aircraft, airports and landing | 8 |
| fields;
fire protection systems, waterworks, piping systems | 9 |
| and appurtenances, sewers, sewage disposal
works; plants for | 10 |
| the generation of
power; devices for the utilization of power; | 11 |
| boilers; refrigeration
plants, air conditioning systems and | 12 |
| plants; heating systems and plants;
plants for the transmission | 13 |
| or distribution of power; electrical plants
which produce, | 14 |
| transmit, distribute, or utilize electrical energy; works
for | 15 |
| the extraction of minerals from the earth; plants for the | 16 |
| refining,
alloying or treating of metals; chemical works and | 17 |
| industrial plants
involving the use of chemicals and chemical | 18 |
| processes; plants for the
production, conversion, or | 19 |
| utilization of nuclear, chemical, or radiant
energy; forensic | 20 |
| engineering, geotechnical engineering including,
subsurface | 21 |
| investigations; soil classification, geology and geohydrology,
| 22 |
| incidental to the practice of professional engineering; energy
| 23 |
| analysis, environmental design, hazardous waste mitigation and | 24 |
| control;
recognition, measurement, evaluation and control of | 25 |
| environmental systems and
emissions; control systems;
| 26 |
| automated building management systems;
or the provision of |
|
|
|
HB1281 |
- 8 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| professional engineering site observation of the
construction | 2 |
| of works and engineering systems. Nothing contained in
this | 3 |
| Section imposes upon a person licensed under this Act the
| 4 |
| responsibility for the performance of any of the foregoing | 5 |
| functions
unless such person specifically contracts to provide | 6 |
| it.
| 7 |
| (p) "Project representative" means the professional | 8 |
| engineer's
representative at the project site who assists in | 9 |
| the administration of
the construction contract.
| 10 |
| (q) "Registered" means the same as "licensed" for purposes | 11 |
| of this Act.
| 12 |
| (r) "Related science curriculum" means a 4 year program of | 13 |
| study, the
satisfactory completion of which results in a | 14 |
| Bachelor of Science
degree, and which contains courses from | 15 |
| such areas as life, earth,
engineering and computer sciences, | 16 |
| including but not limited to, physics
and chemistry. In the | 17 |
| study of these sciences, the objective is to
acquire | 18 |
| fundamental knowledge about the nature of its phenomena,
| 19 |
| including quantitative expression, appropriate to particular | 20 |
| fields of
engineering.
| 21 |
| (s) "Rules" means those rules promulgated pursuant to this | 22 |
| Act.
| 23 |
| (t) "Seal" means the seal in compliance with Section 14 of | 24 |
| this Act.
| 25 |
| (u) "Site observation" is visitation of the construction | 26 |
| site for the
purpose of reviewing, as available, the quality |
|
|
|
HB1281 |
- 9 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| and conformance of the
work to the technical submissions as | 2 |
| they relate to design.
| 3 |
| (v) "Support design professional" means a professional | 4 |
| engineer
practicing in conformance with the Professional | 5 |
| Engineering Practice Act
of 1989, who provides services to the | 6 |
| design professional who has
contract responsibility.
| 7 |
| (w) "Technical submissions" means designs, drawings, and | 8 |
| specifications
which establish the standard of quality for | 9 |
| materials, workmanship,
equipment, and the construction | 10 |
| systems, studies, and other technical
reports prepared in the | 11 |
| course of a design professional's practice.
| 12 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 13 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
| 14 |
| (225 ILCS 325/8) (from Ch. 111, par. 5208)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 8. Applications for licensure.
| 17 |
| (a) Applications for licensure
shall (1) be on forms | 18 |
| prescribed and furnished by the Department, (2) contain
| 19 |
| statements made under oath showing the applicant's education | 20 |
| and
a detailed summary of the applicant's technical work, and | 21 |
| (3) contain
references as required by the Department.
| 22 |
| (b) Applicants shall have obtained the education and | 23 |
| experience as
required in Section 10 or Section 11 prior to | 24 |
| submittal of application
for examination, except as provided in | 25 |
| subsection (b) of Section 11.
Allowable experience shall |
|
|
|
HB1281 |
- 10 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| commence at the date of the baccalaureate
degree, except:
| 2 |
| (1) Credit for one year of experience shall be given | 3 |
| for a graduate of
a baccalaureate curriculum providing a | 4 |
| cooperative program, which is
supervised industrial or | 5 |
| field experience of at least one academic year
which | 6 |
| alternates with periods of full-time academic training, | 7 |
| when such
program is certified by the university, or
| 8 |
| (2) Partial credit may be given
for professional | 9 |
| engineering experience as
defined by rule for employment | 10 |
| prior to receipt of a baccalaureate
degree if the | 11 |
| employment is full-time while the applicant is a
part-time | 12 |
| student
taking fewer than 12 hours per semester or 8 hours | 13 |
| per quarter
to earn the degree concurrent with the
| 14 |
| full-time engineering experience.
| 15 |
| (3) If an applicant files an application and supporting | 16 |
| documents
containing a material misstatement of | 17 |
| information or a
misrepresentation for the purpose of | 18 |
| obtaining licensure or
enrollment or if an applicant | 19 |
| performs
any fraud or deceit in taking any examination to | 20 |
| qualify for
licensure or enrollment
under this Act, the | 21 |
| Department may issue a rule of intent to deny
licensure or | 22 |
| enrollment
and may conduct a hearing in accordance
with | 23 |
| Sections 26 through 33 and Sections 37 and 38 of this Act.
| 24 |
| The Board may conduct oral interviews of any applicant | 25 |
| under Sections
10, 11, or 19 to assist in the evaluation of the | 26 |
| qualifications of the
applicant.
|
|
|
|
HB1281 |
- 11 - |
LRB095 07640 RAS 27791 b |
|
| 1 |
| It is the responsibility of the applicant to supplement the
| 2 |
| application, when requested by the Board, by provision of | 3 |
| additional
documentation of education, including transcripts, | 4 |
| course content and
credentials of the engineering college or | 5 |
| college granting related
science degrees, or of work experience | 6 |
| to permit the Board to determine
the qualifications of the | 7 |
| applicant. The Department may require an
applicant, at the | 8 |
| applicant's expense, to have an evaluation of the applicant's
| 9 |
| education in a foreign country by a nationally recognized | 10 |
| educational body
approved by the Board in accordance with rules | 11 |
| prescribed by the Department.
| 12 |
| An applicant who graduated from an engineering program | 13 |
| outside the United
States or its territories and whose first | 14 |
| language is not English shall submit
certification of passage | 15 |
| of the Test of English as a Foreign Language (TOEFL)
and the | 16 |
| Test of Spoken English (TSE) as defined by rule.
| 17 |
| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
|
|