Illinois General Assembly - Full Text of SB0658
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Full Text of SB0658  101st General Assembly

SB0658ham002 101ST GENERAL ASSEMBLY

Rep. William Davis

Filed: 5/20/2019

 

 


 

 


 
10100SB0658ham002LRB101 04419 RPS 60889 a

1
AMENDMENT TO SENATE BILL 658

2    AMENDMENT NO. ______. Amend Senate Bill 658, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Section 4.30 and by adding Section 4.40 as follows:
 
7    (5 ILCS 80/4.30)
8    Sec. 4.30. Acts repealed on January 1, 2020. The following
9Acts are repealed on January 1, 2020:
10    The Auction License Act.
11    The Community Association Manager Licensing and
12Disciplinary Act.
13    The Illinois Architecture Practice Act of 1989.
14    The Illinois Landscape Architecture Act of 1989.
15    The Illinois Professional Land Surveyor Act of 1989.
16    The Orthotics, Prosthetics, and Pedorthics Practice Act.

 

 

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1    The Perfusionist Practice Act.
2    The Pharmacy Practice Act.
3    The Professional Engineering Practice Act of 1989.
4    The Real Estate License Act of 2000.
5    The Structural Engineering Practice Act of 1989.
6(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
7100-863, eff. 8-14-18.)
 
8    (5 ILCS 80/4.40 new)
9    Sec. 4.40. Act repealed on January 1, 2030. The following
10Act is repealed on January 1, 2030:
11    The Illinois Professional Land Surveyor Act of 1989.
 
12    Section 10. The Illinois Professional Land Surveyor Act of
131989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12,
1413, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30,
1531, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding
16Sections 4.5, 15.5, and 19.5 as follows:
 
17    (225 ILCS 330/4)  (from Ch. 111, par. 3254)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 4. Definitions. As used in this Act:
20    (a) "Department" means the Department of Financial and
21Professional Regulation.
22    (b) "Secretary" means the Secretary of the Department of
23Financial and Professional Regulation.

 

 

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1    (c) "Board" means the Land Surveyors Licensing Board.
2    (d) "Direct supervision and control" means the personal
3review by a licensed professional land surveyor Licensed
4Professional Land Surveyor of each survey, including, but not
5limited to, procurement, research, field work, calculations,
6preparation of legal descriptions and plats. The personal
7review shall be of such a nature as to assure the client that
8the professional land surveyor Professional Land Surveyor or
9the firm for which the professional land surveyor Professional
10Land Surveyor is employed is the provider of the surveying
11services.
12    (e) "Responsible charge" means an individual responsible
13for the various components of the land survey operations
14subject to the overall supervision and control of the
15professional land surveyor Professional Land Surveyor.
16    (f) "Design professional" means a land surveyor,
17architect, structural engineer, or professional engineer
18licensed in conformance with this Act, the Illinois
19Architecture Practice Act of 1989, the Structural Engineering
20Practice Act of 1989, or the Professional Engineering Practice
21Act of 1989.
22    (g) "Professional land surveyor Land Surveyor" means any
23person licensed under the laws of the State of Illinois to
24practice land surveying, as defined by this Act or its rules.
25    (h) "Surveyor intern Intern" means any person licensed
26under the laws of the State of Illinois who has qualified for,

 

 

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1taken, and passed an examination in the fundamental land
2surveying subjects as provided by this Act or its rules.
3    (i) "Land surveying experience" means those activities
4enumerated in Section 5 of this Act, which, when exercised in
5combination, to the satisfaction of the Board, is proof of an
6applicant's broad range of training in and exposure to the
7prevailing practice of land surveying.
8    (j) "Address of record" means the designated address
9recorded by the Department in the applicant's or licensee's
10application file or license file maintained by the Department's
11licensure maintenance unit. It is the duty of the applicant or
12licensee to inform the Department of any change of address, and
13such changes must be made either through the Department's
14website or by contacting the Department's licensure
15maintenance unit.
16    (k) "Standard of care" means the use of the same degree of
17knowledge, skill, and ability as an ordinarily careful and
18reasonable professional land surveyor would exercise under
19similar circumstances.
20    (l) "Establishing" means performing an original survey. An
21original survey establishes boundary lines within an original
22division of a tract of land which has theretofore existed as
23one unit or parcel and describing and monumenting a line or
24lines of a parcel or tract of land on the ground for the first
25time. An original surveyor is the creator of one or more new
26boundary lines.

 

 

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1    (m) "Reestablishing" or "locating" means performing a
2retracement survey. A retracement survey tracks the footsteps
3of the original surveyor, locating boundary lines and corners
4which have been established by the original survey. A
5retracement survey cannot establish new corners or lines or
6correct errors of the original survey.
7    (n) "Boundary law principles" means applying the
8decisions, results, and findings of land boundary cases that
9concern the establishment of boundary lines and corners.
10    (o) "Email address of record" means the designated email
11address of record by the Department in the applicant's
12application file or the licensee's license file as maintained
13by the Department's licensure maintenance unit.
14(Source: P.A. 100-171, eff. 1-1-18.)
 
15    (225 ILCS 330/4.5 new)
16    Sec. 4.5. Address of record; email address of record. All
17applicants and licensees shall:
18        (1) provide a valid address and email address to the
19    Department, which shall serve as the address of record and
20    email address of record, respectively, at the time of
21    application for licensure or renewal of a license; and
22        (2) inform the Department of any change of address of
23    record or email address of record within 14 days after such
24    change either through the Department's website or by
25    contacting the Department's licensure maintenance unit.
 

 

 

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1    (225 ILCS 330/5)  (from Ch. 111, par. 3255)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 5. Practice of land surveying defined. Any person who
4practices in Illinois as a professional land surveyor who
5renders, offers to render, or holds himself or herself out as
6able to render, or perform any service, the adequate
7performance of which involves the special knowledge of the art
8and application of the principles of the accurate and precise
9measurement of length, angle, elevation or volume,
10mathematics, the related physical and applied sciences, and the
11relevant requirements of applicable boundary law principles
12and performed with the appropriate standard of care, all of
13which are acquired by education, training, experience, and
14examination. Any one or a combination of the following
15practices constitutes the practice of land surveying:
16        (a) Establishing or reestablishing, locating,
17    defining, and making or monumenting land boundaries or
18    title or real property lines and the platting of lands and
19    subdivisions;
20        (b) Determining the area or volume of any portion of
21    the earth's surface, subsurface, or airspace with respect
22    to boundary lines, determining the configuration or
23    contours of any portion of the earth's surface, subsurface,
24    or airspace or the location of fixed objects thereon,
25    except as performed by photogrammetric methods by persons

 

 

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1    holding certification from the American Society of
2    Photogrammetry and Remote Sensing or substantially similar
3    certification as approved by the Department, or except when
4    the level of accuracy required is less than the level of
5    accuracy required by the National Society of Professional
6    Surveyors Model Standards and Practice;
7        (c) Preparing descriptions for the determination of
8    title or real property rights to any portion or volume of
9    the earth's surface, subsurface, or airspace involving the
10    lengths and direction of boundary lines, areas, parts of
11    platted parcels or the contours of the earth's surface,
12    subsurface, or airspace;
13        (d) Labeling, designating, naming, preparing, or
14    otherwise identifying legal lines or land title lines of
15    the United States Rectangular System or any subdivision
16    thereof on any plat, map, exhibit, photograph,
17    photographic composite, or mosaic or photogrammetric map
18    of any portion of the earth's surface for the purpose of
19    recording and amending the same by the issuance of a
20    certificate of correction in the Office of Recorder in any
21    county;
22        (e) Any act or combination of acts that would be viewed
23    as offering professional land surveying services
24    including:
25             (1) setting monuments which have the appearance of
26        or for the express purpose of marking land boundaries,

 

 

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1        either directly or as an accessory;
2             (2) providing any sketch, map, plat, report,
3        monument record, or other document which indicates
4        land boundaries and monuments, or accessory monuments
5        thereto, except that if the sketch, map, plat, report,
6        monument record, or other document is a copy of an
7        original prepared by a professional land surveyor
8        Professional Land Surveyor, and if proper reference to
9        that fact be made on that document;
10            (3) performing topographic surveys, with the
11        exception of a licensed professional engineer
12        knowledgeable in topographical surveys who that
13        performs a topographical survey specific to his or her
14        design project. A licensed professional engineer may
15        not, however, offer topographic surveying services
16        that are independent of his or her specific design
17        project; or
18            (4) locating, relocating, establishing,
19        reestablishing, retracing, laying out, or staking of
20        the location, alignment, or elevation of any existing
21        or proposed improvements whose location is dependent
22        upon property, easement, and right-of-way boundaries;
23            (5) providing consultation, investigation,
24        planning, mapping, assembling, and authoritative
25        interpretation of gathered measurements, documents,
26        and evidence in relation to the location of property,

 

 

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1        easement, and right-of-way boundaries; or
2            (6) measuring, evaluating, mapping, or reporting
3        the location of existing or proposed buildings,
4        structures, or other improvements or their surrounding
5        topography with respect to current flood insurance
6        rate mapping or federal emergency management agency
7        mapping along with locating of inland wetland
8        boundaries delineated by a qualified specialist in
9        relation to the location of property, easement, and
10        right-of-way boundaries.
11        (f) Determining the horizontal or vertical position or
12    state plane coordinates for any monument or reference point
13    that marks a title or real property line, boundary, or
14    corner, or to set, reset, or replace any monument or
15    reference point on any title or real property;
16        (g) Creating, preparing, or modifying electronic or
17    computerized data or maps, including land information
18    systems and geographic information systems, relative to
19    the performance of activities in items (a), (b), (d), (e),
20    (f), and (h) of this Section, except where electronic means
21    or computerized data is otherwise utilized to integrate,
22    display, represent, or assess the created, prepared, or
23    modified data;
24        (h) Determining or adjusting any control network or any
25    geodetic control network or cadastral data as it pertains
26    to items (a) through (g) of this Section together with the

 

 

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1    assignment of measured values to any United States
2    Rectangular System corners, title or real property corner
3    monuments or geodetic monuments;
4        (i) Preparing and attesting to the accuracy of a map or
5    plat showing the land boundaries or lines and marks and
6    monuments of the boundaries or of a map or plat showing the
7    boundaries of surface, subsurface, or air rights;
8        (j) Executing and issuing certificates, endorsements,
9    reports, or plats that portray the horizontal or vertical
10    relationship between existing physical objects or
11    structures and one or more corners, datums, or boundaries
12    of any portion of the earth's surface, subsurface, or
13    airspace;
14        (k) Acting in direct supervision and control of land
15    surveying activities or acting as a manager in any place of
16    business that solicits, performs, or practices land
17    surveying;
18        (l) Boundary analysis and determination of property,
19    easement, or right-of-way lines on any plat submitted for
20    regulatory review by governmental or municipal agencies;
21        (m) Offering or soliciting to perform any of the
22    services set forth in this Section.
23    In the performance of any of the foregoing functions, a
24licensee shall adhere to the standards of professional conduct
25enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
26this Section imposes upon a person licensed under this Act the

 

 

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1responsibility for the performance of any of the foregoing
2functions unless such person specifically contracts to perform
3such functions.
4(Source: P.A. 100-171, eff. 1-1-18.)
 
5    (225 ILCS 330/6)  (from Ch. 111, par. 3256)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 6. Powers and duties of the Department. (a) The
8Department shall exercise the powers and duties prescribed by
9The Illinois Administrative Procedure Act for the
10administration of licensing Acts. The Department shall also
11exercise, subject to the provisions of this Act, the following
12functions, powers, and duties:
13        (1) Authorize Conduct or authorize examinations to
14    ascertain the fitness and qualifications of applicants for
15    licensure and pass upon the qualifications and fitness of
16    applicants for licensure by endorsement issue licenses to
17    those who are found to be fit and qualified.
18        (2) Adopt rules required for the administration of this
19    Act Prescribe rules for a method of examination.
20        (3) Conduct hearings on proceedings to refuse to issue
21    or renew, revoke, or suspend licenses, or place on
22    probation or reprimand persons or entities licensed under
23    this Act or refuse to issue, renew, or restore a license,
24    or other disciplinary actions.
25        (4) Adopt rules for what constitutes land surveying

 

 

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1    experience Promulgate rules and regulations required for
2    the administration of this Act.
3        (5) Adopt rules defining what constitutes an approved
4    surveying or related science curriculum License
5    corporations, partnerships, and all other business
6    entities for the practice of professional surveying and
7    issue a license to those who qualify.
8        (6) Issue licenses to those who meet the requirements
9    of this Act Prescribe, adopt, and amend rules as to what
10    shall constitute a surveying or related science
11    curriculum, determine if a specific surveying curriculum
12    is in compliance with the rules, and terminate the approval
13    of a specific surveying curriculum for non-compliance with
14    such rules.
15        (7) Maintain membership in the National Council of
16    Engineering Examiners or a similar organization and
17    participate in activities of the Council or organization by
18    designating individuals for the various classifications of
19    membership and appoint delegates for attendance at zone and
20    national meetings of the Council or organization.
21        (8) Review application qualifications to sit for the
22    examination or for licensure that the Board designates
23    pursuant to Section 8 Obtain written recommendations from
24    the Board regarding qualification of individuals for
25    licensing, definition of curriculum content and approval
26    of surveying curriculums, standards of professional

 

 

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1    conduct and disciplinary actions, promulgate and amend the
2    rules affecting these matters, and consult with the Board
3    on other matters affecting administration of the Act.
4        (9) Adopt (a-5) The Department may promulgate rules for
5    a Code of Ethics and Standards of Practice to be followed
6    by persons licensed under this Act. The Department shall
7    consider the recommendations of the Board in establishing
8    the Code of Ethics and Standards of Practice.
9        (10) Conduct investigations related to possible
10    violations of this Act.
11        (11) Post on the Department's website a newsletter
12    describing the most recent changes to this Act and the
13    rules adopted under this Act and containing information of
14    any final disciplinary action that has been ordered under
15    this Act since the date of the last newsletter.
16    Upon the issuance of any final decision or order that
17deviates from any report or recommendation of the Board
18relating to the qualification of applicants, discipline of
19licensees or registrants, or adoption of rules, the Secretary
20shall notify the Board on any such deviation and shall specify
21with particularity the reason for the action in the final
22decision or order.
23    (b) The Department shall consult with the Board in
24promulgating rules. Notice of proposed rulemaking shall be
25transmitted to the Board and the Department shall review the
26Board's response and recommendations.

 

 

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1    (c) The Department shall review the Board's recommendation
2of the applicants' qualifications. The Secretary shall notify
3the Board in writing with an explanation of any deviation from
4the Board's recommendation. After review of the Secretary's
5explanation of his or her reasons for deviation, the Board
6shall have the opportunity to comment upon the Secretary's
7decision.
8    Whenever the Secretary is not satisfied that substantial
9justice has been done in the revocation or suspension of a
10license or other disciplinary action, the Secretary may order
11re-hearing by the same or other boards.
12(Source: P.A. 96-626, eff. 8-24-09.)
 
13    (225 ILCS 330/7)  (from Ch. 111, par. 3257)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 7. Creation of the Board; Composition and
16qualifications and terms of the Board.
17    (a) The Secretary shall appoint a Professional Land
18Surveyor Board. The Board shall be appointed by the Secretary
19and shall consist of 7 members who shall serve in an advisory
20capacity to the Secretary , one of whom shall be a public
21member and 6 of whom shall be Professional Land Surveyors. All
22The members shall be residents of Illinois. Six members Each
23Professional Land Surveyor member shall (i) (a) currently hold
24a valid professional land surveyor Professional Land Surveyor
25license in Illinois and shall have held the license under this

 

 

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1Act or its predecessor for the preceding previous 10 years year
2period, and (ii) shall not (b) have not been disciplined within
3the preceding last 10 years year period under this Act or its
4predecessor. In addition to the 6 professional land surveyors,
5there shall be one public member. The public member shall be a
6voting member and shall not be licensed under this Act or any
7other design profession licensing Act that the Department
8administers.
9    (b) Board members Members shall be appointed who reasonably
10represent the different geographic areas of Illinois and shall
11serve for 5-year 5 year terms, and until their successors are
12qualified and appointed.
13    (c) In appointing members to the Board, the Secretary shall
14give due consideration to recommendations by members and
15organizations of the professional land surveyor profession.
16    (d) The membership of the Board should reasonably reflect
17representation from the geographic areas in this State.
18    (e) No member shall be reappointed to the Board for a term
19that would cause his or her continuous service on the Board to
20be longer than 2 consecutive 5-year terms.
21    (f) Appointments to fill vacancies shall be made in the
22same manner as original appointments for the unexpired portion
23of the vacated term.
24    (g) Four members shall constitute a quorum. A quorum is
25required for Board decisions.
26    (h) The Secretary may remove any member of the Board for

 

 

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1misconduct, incompetence, or neglect of duty or for reasons
2prescribed by law for removal of State officials. The Secretary
3may remove a member of the Board who does not attend 2
4consecutive meetings.
5    (i) Notice of proposed rulemaking shall be transmitted to
6the Board and the Department shall review the response of the
7Board and any recommendations made therein.
8    (j) Members of the Board shall not be liable for damages in
9any action or proceeding as a result of activities performed as
10members of the Board, except upon proof of actual malice.
11    (k) Members of the Board shall be reimbursed for all
12legitimate, necessary, and authorized expenses.
13A member shall not be eligible for appointment to more than 10
14years in a lifetime. Appointments to fill vacancies shall be
15made for the unexpired portion of the term. Board members
16currently appointed under this Act and in office on the
17effective date of this Act shall continue to hold office until
18their terms expire and they are replaced. All appointments
19shall be made on the basis of individual professional
20qualifications with the exception of the public member and
21shall not be based upon race, sex, or religious or political
22affiliations.
23    Each member of the Board may receive compensation when
24attending to the work of the Board or any of its committees and
25for time spent in necessary travel. In addition, members shall
26be reimbursed for actual traveling, incidentals, and expenses

 

 

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1necessarily incurred in carrying out their duties as members of
2the Board.
3    The Secretary may consider the advice and recommendations
4of the Board on issues involving standards of professional
5conduct, discipline, and qualifications of the candidates and
6licensees under this Act.
7    The Secretary shall give due consideration to a current
8list of candidates, as submitted by members of the land
9surveying profession and by affiliated organizations.
10    Members of the Board shall be immune from suit in any
11action based upon any disciplinary proceedings or other
12activities performed in good faith as members of the Board.
13    The Secretary may remove any member of the Board for
14misconduct, incompetence, neglect of duty, or for any reason
15prescribed by law for removal of State Officials or for not
16attending 2 consecutive Board meetings.
17(Source: P.A. 96-626, eff. 8-24-09.)
 
18    (225 ILCS 330/8)  (from Ch. 111, par. 3258)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 8. Powers and duties of the Board; quorum. Subject to
21the provisions of this Act, the Board shall exercise the
22following functions, powers, and duties:
23        (a) The Board shall hold at least 3 regular meetings
24    each year. Review applicant qualifications to sit for the
25    examination or for licensure and shall make

 

 

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1    recommendations to the Department except for those
2    applicant qualifications that the Board designates as
3    routinely acceptable;
4        (b) The Board shall annually elect a chairperson and a
5    vice chairperson who shall be Illinois licensed
6    professional land surveyors. Conduct hearings regarding
7    disciplinary actions and submit a written report to the
8    Secretary as required by this Act and provide a Board
9    member at informal conferences;
10        (c) The Board, upon request by the Department, may make
11    a curriculum evaluation to approve a land surveying degree
12    or a related science degree and submit to the Secretary a
13    written recommendation of acceptability of a curriculum.
14    Visit universities or colleges to evaluate surveying
15    curricula and submit to the Secretary a written
16    recommendation of acceptability of the curriculum;
17        (d) (Blank). Submit a written recommendation to the
18    Secretary concerning promulgation or amendment of rules
19    for the administration of this Act;
20        (e) The Department may at any time seek the expert
21    advice and knowledge of the Board on any matter relating to
22    the enforcement of this Act. ;
23        (f) The Board may appoint a subcommittee to serve as a
24    Complaint Committee to recommend the disposition of case
25    files according to procedures established by rule. ;
26        (g) The Board shall assist the Department in conducting

 

 

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1    oral interviews, disciplinary conferences, informal
2    conferences, and formal evidentiary hearings.
3        (h) The Board shall review applicant qualifications to
4    sit for the examination for licensure and shall make
5    recommendations to the Department except for those
6    applicant qualifications that the Board designates as
7    routinely acceptable.
8        (g) Hold at least 3 regular meetings each year; and
9    (h) The Board shall annually elect a Chairperson and a Vice
10Chairperson who shall be licensed Illinois Professional Land
11Surveyors.
12    A quorum of the Board shall consist of 4 members. A quorum
13is required for all Board decisions.
14    Subject to the provisions of this Act, the Board may
15exercise the following duties as deemed necessary by the
16Department: (i) review education and experience qualifications
17of applicants, including conducting oral interviews; (ii)
18determine eligibility as a Professional Land Surveyor or
19Surveyor Intern; and (iii) submit to the Secretary
20recommendations on applicant qualifications for enrollment and
21licensure.
22(Source: P.A. 100-171, eff. 1-1-18.)
 
23    (225 ILCS 330/10)  (from Ch. 111, par. 3260)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 10. Application for licensure original license.

 

 

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1    (a) Applications for original licenses shall be made to the
2Department in writing on forms or electronically as prescribed
3by the Department and shall be accompanied by the required fee,
4which shall not be refundable. All applications shall contain
5information that, in the judgment of the Department, will
6enable the Department to pass on the qualifications of the
7applicant for a license as a professional land surveyor or
8surveyor intern. The Department may require an applicant, at
9the applicant's expense, to have an evaluation of the
10applicant's education in a foreign country by a nationally
11recognized evaluation service approved by the Department in
12accordance with rules adopted by the Department.
13    (b) Applicants have 3 years from the date of application to
14complete the application process. If the process has not been
15completed in 3 years, the application shall be denied, the fee
16shall be forfeited, and the applicant must reapply and meet the
17requirements in effect at the time of reapplication.
18Every person who desires to obtain a license shall apply to the
19Department in writing, upon forms prepared and furnished by the
20Department. Each application shall contain statements made
21under oath, showing the applicant's education, a detailed
22summary of his or her land surveying experience, and
23verification of the applicant's land surveying experience by
24the applicant's supervisor who shall be a land surveyor
25licensed in this State or any other state or territory of the
26U.S. where experience is similar and who shall certify the

 

 

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1applicant's experience, and the application shall be
2accompanied with the required fee. The Department may require
3an applicant, at the applicant's expense, to have an evaluation
4of the applicant's education in a foreign country by an
5evaluating service approved by the Department in accordance
6with rules prescribed by the Department.
7    An applicant who graduated from a land surveying program
8outside the United States or its territories and whose first
9language is not English shall submit certification of passage
10of the Test of English as a Foreign Language (TOEFL) and a test
11of spoken English as defined by rule.
12(Source: P.A. 96-626, eff. 8-24-09.)
 
13    (225 ILCS 330/11)  (from Ch. 111, par. 3261)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 11. Examination; failure or refusal to take.
16    (a) The Department shall authorize examinations of
17applicants for a license under this Act at such times and
18places as it may determine by rule. The examinations shall be
19of a character to give a fair test of the qualifications of the
20applicant to practice as a professional land surveyor or
21surveyor intern.
22    (b) Applicants for examination are required to pay, either
23to the Department or the designated testing service, a fee
24covering the cost of providing the examination. Failure to
25appear for the examination on the scheduled date, at the time

 

 

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1and place specified, after the applicant's application for
2examination has been received and acknowledged by the
3Department or the designated testing service, shall result in
4the forfeiture of the examination fee.
5    (c) If an applicant fails to pass an examination for
6licensure under this Act within 3 years after filing the
7application, the application shall be denied. However, such
8applicant may thereafter make a new application for examination
9accompanied by the required fee and must furnish proof of
10meeting the qualifications for examination in effect at the
11time of new application.
12    (d) All applicants for licensing as a professional land
13surveyor shall be required to pass a jurisdictional examination
14to determine the applicant's knowledge of the surveying tasks
15unique to the State of Illinois and the laws relating thereto.
16The Department shall authorize examinations, as recommended
17and approved by the Board, for licensure as Surveyor Interns
18and Professional Land Surveyors at such times and places as it
19may determine.
20    The examination of an applicant for licensure as a Surveyor
21Intern or a Professional Land Surveyor may include examinations
22as defined by rule. The substance and form of the examination
23shall be as recommended and approved by the Board. Each
24applicant shall be examined as to his knowledge of the statutes
25of the United States of America and the State of Illinois
26relating to the practice of land surveying and mathematics as

 

 

10100SB0658ham002- 23 -LRB101 04419 RPS 60889 a

1applied to land surveying.
2    All applicants for licensing as a Professional Land
3Surveyor shall be required to pass, as a portion of the
4examination, a jurisdictional examination to determine the
5applicant's knowledge of the surveying tasks unique to the
6State of Illinois, and the laws relating thereto.
7    Applicants for any examination shall be required to pay,
8either to the Department or the designated testing service, a
9fee covering the cost of providing the examination. Failure to
10appear for the examination on the scheduled date, at the time
11and place specified, after the applicant's application for
12examination has been received and acknowledged by the
13Department or the designated testing service, shall result in
14the forfeiture of the examination fee. If an applicant
15neglects, fails, or refuses to take an examination for
16registration under this Act within 3 years after filing his
17application, the application fee shall be forfeited to the
18Department and the application denied. However, the applicant
19may thereafter make a new application for examination,
20accompanied by the required fee.
21(Source: P.A. 100-171, eff. 1-1-18.)
 
22    (225 ILCS 330/12)  (from Ch. 111, par. 3262)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 12. Qualifications for licensing.
25    (a) A person is qualified to receive a license as a

 

 

10100SB0658ham002- 24 -LRB101 04419 RPS 60889 a

1professional land surveyor Professional Land Surveyor and the
2Department shall issue a license to a person:
3        (1) who has applied in writing in the required form to
4    the Department or electronically;
5        (2) (blank);
6        (2) (2.5) who has not violated any provision of this
7    Act or its rules;
8        (3) who is of good ethical character, including
9    compliance with the Code of Ethics and Standards of
10    Practice adopted promulgated by rule under pursuant to this
11    Act, and has not committed an act or offense in any
12    jurisdiction that would constitute grounds for discipline
13    of a land surveyor licensed under this Act;
14        (4) who has been issued a license as a surveyor intern
15    Surveyor Intern;
16        (5) who, subsequent to passing the examination
17    authorized by the Department for licensure as a surveyor
18    intern Surveyor Intern, has at least 4 years of responsible
19    charge experience verified by a professional land surveyor
20    in direct supervision and control of his or her activities;
21        (6) who has passed an examination authorized by the
22    Department to determine his or her fitness to receive a
23    license as a professional land surveyor Professional Land
24    Surveyor; and
25        (7) who satisfies one of the following educational
26    requirements:

 

 

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1            (A) is a graduate of an approved land surveying
2        curriculum of at least 4 years who has passed an
3        examination in the fundamentals of surveying, as
4        defined by rule; or
5            (B) is a graduate of a baccalaureate curriculum of
6        at least 4 years, including at least 24 semester hours
7        of land surveying courses from an approved land
8        surveying curriculum and the related science courses,
9        who has passed an examination in the fundamentals of
10        surveying, as defined by rule.
11    (b) A person is qualified to receive a license as a
12surveyor intern Surveyor Intern and the Department shall issue
13a license to a person:
14        (1) who has applied in writing in the required form
15    provided by the Department or electronically;
16        (2) (blank);
17        (3) who is of good moral character;
18        (4) who has the required education as set forth in this
19    Act; and
20        (5) who has passed an examination authorized by the
21    Department to determine his or her fitness to receive a
22    license as a surveyor intern Surveyor Intern in accordance
23    with this Act.
24    In determining moral character under this Section, the
25Department may take into consideration whether the applicant
26has engaged in conduct or actions that would constitute grounds

 

 

10100SB0658ham002- 26 -LRB101 04419 RPS 60889 a

1for discipline under this Act.
2(Source: P.A. 100-171, eff. 1-1-18.)
 
3    (225 ILCS 330/13)  (from Ch. 111, par. 3263)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 13. Minimum standards for enrollment as a surveyor
6intern Surveyor Intern. To enroll as a surveyor intern Surveyor
7Intern, an applicant must be:
8        (1) a graduate of an approved land surveying curriculum
9    of at least 4 years who has passed an examination in the
10    fundamentals of surveying, as defined by rule;
11        (2) an applicant in the last year of an approved land
12    surveying or related science curriculum who passes an
13    examination in the fundamentals of surveying, as defined by
14    rule, and furnishes proof that the applicant graduated
15    within a 12-month period following the examination; or
16        (3) a graduate of a baccalaureate curriculum of at
17    least 4 years, including at least 24 semester hours of land
18    surveying courses from an approved land surveying
19    curriculum and the related science courses, as defined by
20    rule, who passes an examination in the fundamentals of
21    surveying, as defined by rule.
22(Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
23    (225 ILCS 330/14)  (from Ch. 111, par. 3264)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 14. Display of license License to be displayed. Every
2holder of a license under this Act as a Professional Land
3Surveyor or Surveyor Intern shall display the license it in a
4conspicuous place location in his or her office, place of
5business, or place of employment.
6(Source: P.A. 100-171, eff. 1-1-18.)
 
7    (225 ILCS 330/15)  (from Ch. 111, par. 3265)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 15. Seal. Every professional land surveyor
10Professional Land Surveyor shall have a reproducible seal or
11facsimile, which may be computer generated, the impression of
12which shall contain the name of the land surveyor, his or her
13place of business, the license number, of the professional land
14surveyor Professional Land Surveyor, and the words
15"Professional Land Surveyor, State of Illinois". A
16professional land surveyor Professional Land Surveyor shall
17seal all documents prepared by or under the direct supervision
18and control of the professional land surveyor Professional Land
19Surveyor. Any seal authorized or approved by the Department
20under the Illinois Land Surveyors Act shall serve the same
21purpose as the seal provided for by this Act. The licensee's
22written signature and date of signing along with the date of
23license expiration shall be placed adjacent to the seal. The
24licensee may provide, at his or her sole discretion, an
25original signature in the licensee's handwriting, a scanned

 

 

10100SB0658ham002- 28 -LRB101 04419 RPS 60889 a

1copy of the document bearing an original signature, or a
2signature generated by a computer.
3    It is unlawful to affix one's seal to documents if it masks
4the true identity of the person who actually exercised
5direction, control, and supervision of the preparation of that
6work. A professional land surveyor Professional Land Surveyor
7who seals and signs documents is not responsible for damage
8caused by subsequent changes to or uses of those documents
9where the subsequent changes or uses, including changes or uses
10made by State or local governmental agencies, are not
11authorized or approved by the professional land surveyor
12Professional Land Surveyor who originally sealed and signed the
13documents.
14(Source: P.A. 98-289, eff. 1-1-14.)
 
15    (225 ILCS 330/15.5 new)
16    Sec. 15.5. Titles.
17    (a) A professional land surveyor may use the initials
18"P.L.S." and "L.S." and the title of "Professional Land
19Surveyor" or any of its derivations in Illinois.
20    (b) A surveyor intern may use the initials "S.I." and the
21title of "Surveyor Intern" or any of its derivations in
22Illinois.
 
23    (225 ILCS 330/16)  (from Ch. 111, par. 3266)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

10100SB0658ham002- 29 -LRB101 04419 RPS 60889 a

1    Sec. 16. Unlicensed practice; violation; civil penalty
2Unlawful to practice without license or registration.
3    (a) Any person who practices, offers to practice, attempts
4to practice, or holds himself or herself out to practice as a
5professional land surveyor or surveyor intern without being
6licensed or exempt under this Act shall, in addition to any
7other penalty provided by law, pay a civil penalty to the
8Department in an amount not to exceed $10,000 for each offense,
9as determined by the Department. The civil penalty shall be
10assessed by the Department after a hearing is held in
11accordance with this Act regarding the provision of a hearing
12for the discipline of a licensee.
13    (b) A firm or business that offers design services under
14this Act without being licensed as a professional design firm
15or exempt under this Act shall, in addition to any other
16penalty provided by law, pay a civil penalty to the Department
17in an amount not to exceed $10,000 for each offense, as
18determined by the Department. The civil penalty shall be
19assessed by the Department after a hearing is held in
20accordance with this Act regarding the provision of a hearing
21for the discipline of a licensee.
22    (c) The Department may investigate any actual, alleged, or
23suspected unlicensed activity.
24    (d) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty. The
26order shall constitute a final judgment and may be filed and

 

 

10100SB0658ham002- 30 -LRB101 04419 RPS 60889 a

1executed in the same manner as any judgment from any court of
2record.
3    (e) A person or entity not registered under this Act who
4has violated any provision of this Act or its rules is guilty
5of a Class A misdemeanor for the first offense and a Class 4
6felony for a second and subsequent offense.
7It is unlawful for any person, sole proprietorship,
8professional service corporation, corporation, partnership,
9limited liability company, or other entity to practice land
10surveying, or advertise or display any sign, card or other
11device which might indicate to the public that the person or
12entity is entitled to practice as a land surveyor, or use the
13initials "P.L.S.", "L.S.", or "S.I.", use the title
14"Professional Land Surveyor" or "Surveyor Intern" or any of
15their derivations, unless such person holds a valid active
16license as a Professional Land Surveyor or Surveyor Intern in
17the State of Illinois, or such professional service
18corporation, corporation, partnership, sole proprietorship,
19limited liability company, or other entity is in compliance
20with this Act.
21(Source: P.A. 100-171, eff. 1-1-18.)
 
22    (225 ILCS 330/17)  (from Ch. 111, par. 3267)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 17. Surveyor intern Intern; supervision. It is
25unlawful for any surveyor intern Surveyor Intern licensed under

 

 

10100SB0658ham002- 31 -LRB101 04419 RPS 60889 a

1this Act to practice or attempt to practice land surveying
2except when in responsible charge under the overall supervision
3of a professional land surveyor Professional Land Surveyor.
4(Source: P.A. 100-171, eff. 1-1-18.)
 
5    (225 ILCS 330/18)  (from Ch. 111, par. 3268)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 18. Renewal, reinstatement, or restoration of
8license; persons Persons in military service.
9    (a) The expiration date and renewal period for each license
10as a professional land surveyor Professional Land Surveyor
11issued under this Act shall be set by rule. The holder of a
12license may renew such license during the month preceding the
13expiration date by paying the required fee.
14    (b) A professional land surveyor who has permitted his or
15her license to expire or has had his or her license placed on
16inactive status may have his or her license restored by making
17application to the Department and filing proof acceptable to
18the Department of his or her fitness to have his or her license
19restored, including, but not limited to, sworn evidence
20certifying to active practice in another jurisdiction
21satisfactory to the Department and by paying the required fee
22as determined by rule Any Professional Land Surveyor whose
23license has been inactive for less than 5 years is required to
24pay the current renewal fee and shall have his or her license
25restored.

 

 

10100SB0658ham002- 32 -LRB101 04419 RPS 60889 a

1    (c) A professional land surveyor whose license has expired
2while engaged (1) in federal service on active duty with the
3Armed Forces of the United States or the State Militia called
4into service or training, or (2) in training or education under
5the supervision of the United States before induction into the
6military service, may have the license restored or reinstated
7without paying any lapsed reinstatement, renewal, or
8restoration fees if within 2 years after termination other than
9by dishonorable discharge of such service, training, or
10education the Department is furnished with satisfactory
11evidence that the licensee has been so engaged in the practice
12of land surveying and that such service, training, or education
13has so terminated. A Professional Land Surveyor whose license
14has been expired for more than 5 years may have the license
15restored by making application to the Department and filing
16proof acceptable to the Department of fitness to have the
17license restored, including, but not limited to, sworn evidence
18certifying to active practice in another jurisdiction and
19payment of the required renewal, reinstatement or restoration
20fee. However, any Professional Land Surveyor whose license
21expired while engaged (a) in federal service on active duty
22with the armed forces of the United States, or the State
23Militia called into active service or training, or (b) in
24training or education under the supervision of the United
25States preliminary to induction into the military service, may
26have a license renewed without paying any lapsed reinstatement

 

 

10100SB0658ham002- 33 -LRB101 04419 RPS 60889 a

1or restoration fees upon passing an oral examination by the
2Board, or without taking any examination, if approved by the
3Board, if, within 2 years after the termination other than by
4dishonorable discharge of such service, training, or
5education, the licensee furnishes the Department with an
6affidavit to the effect the licensee was so engaged and that
7the service, training, or education has so terminated.
8    (d) A license for a surveyor intern Surveyor Intern does
9not expire.
10(Source: P.A. 100-171, eff. 1-1-18.)
 
11    (225 ILCS 330/18.5)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 18.5. Continuing education. The Department may adopt
14promulgate rules of continuing education for persons licensed
15under this Act. The Department shall consider the
16recommendations of the Board in establishing the guidelines for
17the continuing education requirements. The requirements of
18this Section apply to any person seeking renewal or restoration
19under Section 18 or 19 of this Act. For the purposes of this
20Act, continuing education shall also be known as professional
21development.
22(Source: P.A. 91-132, eff. 1-1-00.)
 
23    (225 ILCS 330/19)  (from Ch. 111, par. 3269)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

10100SB0658ham002- 34 -LRB101 04419 RPS 60889 a

1    Sec. 19. Inactive status; Restoration. Any person who
2notifies the Department, in writing on forms prescribed by the
3Department, may place his or her license on an inactive status
4and shall be excused from the payment of renewal fees until he
5or she notifies the Department in writing of the intention to
6resume active status.
7    Any Professional Land Surveyor requesting restoration from
8inactive status is required to pay the current renewal fee and
9shall have his or her license restored. A Professional Land
10Surveyor whose license has been on inactive status for more
11than 5 years may have the license restored by making
12application to the Department and filing proof acceptable to
13the Board of fitness to have the license restored, including,
14but not limited to, sworn evidence certifying to active
15practice in another jurisdiction and payment of the required
16renewal, reinstatement or restoration fee.
17    Any professional land surveyor Professional Land Surveyor
18whose license is in an inactive status shall not practice land
19surveying in the State of Illinois.
20(Source: P.A. 96-626, eff. 8-24-09.)
 
21    (225 ILCS 330/19.5 new)
22    Sec. 19.5. Professional Land Surveyor, Retired.
23    (a) Pursuant to Section 2105-15 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois, the Department may grant the title "Professional Land

 

 

10100SB0658ham002- 35 -LRB101 04419 RPS 60889 a

1Surveyor, Retired", which may be used by any person who has
2been duly licensed as a professional land surveyor under this
3Act and who has chosen to place his or her license on inactive
4status or not renew his or her license. Those persons granted
5the title "Professional Land Surveyor, Retired" may request
6restoration to active status under the applicable provisions of
7this Act.
8    (b) The use of the title "Professional Land Surveyor,
9Retired" shall not constitute representation of current
10licensure. Any person without an active license shall not be
11permitted to practice professional land surveying as defined in
12this Act.
13    (c) Nothing in this Section shall be construed to require
14the Department to issue any certificate, credential, or other
15official document indicating that a person has been granted the
16title "Professional Land Surveyor, Retired".
 
17    (225 ILCS 330/20)  (from Ch. 111, par. 3270)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 20. Endorsement. Upon payment of the required fee, an
20applicant who is a Professional Land Surveyor, licensed or
21otherwise legally recognized as a Land Surveyor under the laws
22of another state or territory of the United States may be
23granted a license as an Illinois Professional Land Surveyor by
24the Department with approval of the Board upon the following
25conditions:

 

 

10100SB0658ham002- 36 -LRB101 04419 RPS 60889 a

1    (a) The Department may, upon application in writing on
2forms or electronically accompanied by the required fee, issue
3a license as a professional land surveyor to an applicant
4licensed under the laws of another state, the District of
5Columbia, or a U.S. territory if the requirements for licensure
6in that jurisdiction were, on the date of original licensure,
7substantially equivalent to the requirements then in force in
8this State. That the applicant meets the requirements for
9licensing in this State, and that the requirements for
10licensing or other legal recognition of Land Surveyors in the
11particular state or territory were, at the date of issuance of
12the license or certificate, equivalent to the requirements then
13in effect in the State of Illinois; and
14    (b) All applicants for endorsement shall pass That the
15applicant passes a jurisdictional examination to determine the
16applicant's knowledge of the surveying tasks unique to the
17State of Illinois and the laws pertaining thereto.
18    (c) If the accuracy of any submitted documentation or
19relevance or sufficiency of the course work or experience is
20questioned by the Department or the Board because of a lack of
21information, discrepancies, or conflicts in information given
22or a need for clarification, the applicant seeking licensure
23may be required to provide additional information.
24    (d) Applicants have 3 years from the date of application to
25complete the application process. If the process has not been
26completed in 3 years, the application shall be denied, the fee

 

 

10100SB0658ham002- 37 -LRB101 04419 RPS 60889 a

1shall be forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 93-467, eff. 1-1-04.)
 
4    (225 ILCS 330/21)  (from Ch. 111, par. 3271)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 21. Fees.
7    (a) The Department shall provide by rule for a schedule of
8fees to be paid for licenses by all applicants. All fees are
9not refundable.
10    (b) The fees for the administration and enforcement of this
11the Act, including, but not limited to, original licensure,
12renewal, and restoration, shall be set by rule by the
13Department.
14    (c) All fees and fines collected as authorized under this
15Act shall be deposited into in the Design Professionals
16Administration and Investigation Fund. Of the moneys deposited
17into the Design Professionals Administration and Investigation
18Fund, the Department may use such funds as necessary to produce
19and distribute newsletters to persons licensed under this Act.
20(Source: P.A. 91-132, eff. 1-1-00.)
 
21    (225 ILCS 330/25)  (from Ch. 111, par. 3275)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 25. Professional design firm registration.
24    (a) Nothing in this Act shall prohibit the formation, under

 

 

10100SB0658ham002- 38 -LRB101 04419 RPS 60889 a

1the provisions of the Professional Service Corporation Act, of
2a corporation to offer the practice of professional land
3surveying.
4    Any business, including a professional service corporation
5Professional Service Corporation, that includes within its
6stated purposes or practices, or holds itself out as available
7to practice, professional land surveying shall be registered
8with the Department pursuant to the provisions set forth in
9this Section.
10    Any sole proprietorship not owned and operated by an
11Illinois licensed design professional licensed under this Act
12shall be prohibited from offering professional land surveyor
13services to the public. Any sole proprietorship owned and
14operated by a professional land surveyor with an active license
15issued under this Act and conducting or transacting such
16business under an assumed name in accordance with the
17provisions of the Assumed Business Name Act shall comply with
18the registration requirements of a professional design firm.
19Any sole proprietorship owned and operated by a professional
20land surveyor Professional Land Surveyor with an active license
21issued under this Act and conducting or transacting such
22business under the real name of the sole proprietor is exempt
23from the registration requirements of a professional design
24firm. "Illinois licensed design professional" means a person
25who holds an active license as a professional engineer under
26the Professional Engineering Practice Act of 1989, as an

 

 

10100SB0658ham002- 39 -LRB101 04419 RPS 60889 a

1architect under the Illinois Architecture Practice Act of 1989,
2as a structural engineer under the Structural Engineering
3Practice Act of 1989, or as a professional land surveyor
4Professional Land Surveyor under this Act.
5    (b) Any professional design firm seeking to be registered
6pursuant to the provisions of this Section shall not be
7registered unless one or more managing agents in charge of land
8surveyor activities in this State are designated by the
9professional design firm. Each managing agent must at all times
10maintain a valid, active license to practice professional land
11surveying in Illinois.
12    No individual whose license to practice professional land
13surveying in this State is currently in a suspended or revoked
14state shall act as a managing agent for a professional design
15firm.
16    (c) Any business seeking to be registered under this
17Section shall make application on a form provided by the
18Department and shall provide such information as requested by
19the Department, which shall include, but not be limited to:
20        (1) the name and license number of the person
21    designated as the managing agent in responsible charge of
22    the practice of professional land surveying in Illinois. In
23    the case of a corporation, the corporation shall also
24    submit a certified copy of the resolution by the board of
25    directors designating the managing agent. In the case of a
26    limited liability company, the company shall submit a

 

 

10100SB0658ham002- 40 -LRB101 04419 RPS 60889 a

1    certified copy of either its articles of organization or
2    operating agreement designating the managing agent;
3        (2) the names and license numbers of the directors, in
4    the case of a corporation, the members, in the case of a
5    limited liability company, or general partners, in the case
6    of a partnership;
7        (3) a list of all office locations at which the
8    professional design firm provides professional land
9    surveying services to the public; and
10        (4) a list of all assumed names of the business.
11    Nothing in this Section shall be construed to exempt a
12    professional design firm, sole proprietorship, or
13    professional service corporation from compliance with the
14    requirements of the Assumed Business Name Act.
15    It is the responsibility of the professional design firm to
16provide the Department notice, in writing, of any changes in
17the information requested on the application.
18    (d) The Department shall issue to each business a
19certificate of registration to practice professional land
20surveying or offer the services of its licensees in this State
21upon submittal of a proper application for registration and
22payment of fees. The expiration date and renewal period for
23each registration and renewal procedures shall be established
24by rule.
25    (e) In the event a managing agent is terminated or
26terminates his or her status as managing agent of the

 

 

10100SB0658ham002- 41 -LRB101 04419 RPS 60889 a

1professional design firm, the managing agent and the a
2professional design firm shall notify the Department of this
3fact in writing, by regular certified mail or email, within 10
4business days of such termination. Thereafter, the
5professional design firm, if it has so informed the Department,
6shall have 30 days in which to notify the Department of the
7name and licensure number of a newly designated managing agent.
8If a corporation, the corporation shall also submit a certified
9copy of a resolution by the board of directors designating the
10new managing agent. If a limited liability company, the company
11shall also submit a certified copy of either its articles of
12organization or operating agreement designating the new
13managing agent. The Department may, upon good cause shown,
14extend the original 30-day 30 day period.
15    If the professional design firm has not notified the
16Department in writing, by regular certified mail or email
17within the specified time, the registration shall be terminated
18without prior hearing. Notification of termination shall be
19sent by regular certified mail or email to the address of
20record of the business. If the professional design firm
21continues to operate and offer professional land surveyor
22services after the termination, the Department may seek
23prosecution under Sections 16 and 27, 43, and 16.5 of this Act
24for the unlicensed practice of professional land surveying.
25    No professional design firm shall be relieved of
26responsibility for the conduct or acts of its agent, employees,

 

 

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1members, managers, or officers by reason of its compliance with
2this Section, nor shall any individual practicing professional
3land surveying be relieved of the responsibility for
4professional services performed by reason of the individual's
5employment or relationship with a professional design firm
6registered under this Section.
7    (g) Disciplinary action against a professional design firm
8registered under this Section shall be administered in the same
9manner and on the same grounds as disciplinary action against a
10licensed professional land surveyor. All disciplinary action
11taken or pending against a corporation or partnership before
12the effective date of this amendatory Act of 1999 shall be
13continued or remain in effect without the Department filing
14separate actions.
15    (h) Any professional services corporation, sole
16proprietorship, or professional design firm offering land
17surveying services must have a resident professional land
18surveyor whose license is not suspended or revoked overseeing
19the land surveying practices in each location in which land
20surveying services are provided.
21(Source: P.A. 96-626, eff. 8-24-09.)
 
22    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 27. Grounds for disciplinary action.
25    (a) The Department may refuse to issue or renew a license,

 

 

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1or may revoke, suspend, place on probation, reprimand, or
2administrative supervision, suspend, or revoke any license, or
3may reprimand or take other any disciplinary or
4non-disciplinary action as the Department may deem proper,
5including the imposition of fines not to exceed $10,000 per
6violation, with regard to any license issued under this Act,
7upon any person, corporation, partnership, or professional
8land surveying firm licensed or registered under this Act for
9any one or a combination of the following reasons:
10        (1) Material material misstatement in furnishing
11    information to the Department. ;
12        (2) Negligence, incompetence, or misconduct in the
13    practice of land surveying. violation, including, but not
14    limited to, neglect or intentional disregard, of this Act,
15    or its rules;
16        (3) Failure to comply with any provision of this Act or
17    any of its rules. conviction of, or entry of a plea of
18    guilty or nolo contendere to, any crime that is a felony
19    under the laws of the United States or any state or
20    territory thereof or that is a misdemeanor of which an
21    essential element is dishonesty, or any crime that is
22    directly related to the practice of the profession;
23        (4) Fraud or any misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal or restoration of a license under this
26    Act. making any misrepresentation for the purpose of

 

 

10100SB0658ham002- 44 -LRB101 04419 RPS 60889 a

1    obtaining a license, or in applying for restoration or
2    renewal, or the practice of any fraud or deceit in taking
3    any examination to qualify for licensure under this Act;
4        (5) Purposefully purposefully making false statements
5    or signing false statements, certificates, or affidavits
6    to induce payment. ;
7        (6) Conviction of or entry of a plea of guilty or nolo
8    contendere, finding of guilt, jury verdict, or entry of
9    judgment or sentencing, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation under
12    the laws of any jurisdiction of the United States that is
13    (i) a felony or (ii) a misdemeanor, an essential element of
14    which is dishonesty, that is directly related to the
15    practice of the profession of land surveying. proof of
16    carelessness, incompetence, negligence, or misconduct in
17    practicing land surveying;
18        (7) Aiding aiding or assisting another person in
19    violating any provision of this Act or its rules. ;
20        (8) Failing failing to provide information in response
21    to a written request made by the Department within 60 30
22    days after receipt of such written request. ;
23        (9) Engaging engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public. ;
26        (10) Habitual or excessive use or abuse of drugs

 

 

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1    defined in law as controlled substances, of alcohol,
2    narcotics, stimulants, or any other substances that
3    results in the inability to practice with reasonable
4    judgment, skill, or safety. inability to practice with
5    reasonable judgment, skill, or safety as a result of
6    habitual or excessive use of, or addiction to, alcohol,
7    narcotics, stimulants or any other chemical agent or drug;
8        (11) A finding by the Department that an applicant or
9    licensee has failed to pay a fine imposed by the
10    Department. discipline by the United States government,
11    another state, District of Columbia, territory, foreign
12    nation or government agency if at least one of the grounds
13    for the discipline is the same or substantially equivalent
14    to those set forth in this Act;
15        (12) A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation or failed to
18    comply with such terms. directly or indirectly giving to or
19    receiving from any person, firm, corporation, partnership,
20    or association any fee, commission, rebate, or other form
21    of compensation for any professional services not actually
22    or personally rendered;
23        (12.5) issuing a map or plat of survey where the fee
24    for professional services is contingent on a real estate
25    transaction closing;
26        (13) Inability to practice the profession with

 

 

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1    reasonable judgment, skill, or safety as a result of
2    physical illness, including, but not limited to,
3    deterioration through the aging process, loss of motor
4    skill, mental illness, or disability. a finding by the
5    Department that an applicant or licensee has failed to pay
6    a fine imposed by the Department or a licensee whose
7    license has been placed on probationary status has violated
8    the terms of probation;
9        (14) Discipline by another state, territory, foreign
10    country, the District of Columbia, the United States
11    government, or any other government agency if at least one
12    of the grounds for discipline is the same or substantially
13    equivalent to those set forth in this Act. practicing on an
14    expired, inactive, suspended, or revoked license;
15        (15) The making of any willfully false oath or
16    affirmation in any matter or proceeding where an oath or
17    affirmation is required by this Act. signing, affixing the
18    Professional Land Surveyor's seal or permitting the
19    Professional Land Surveyor's seal to be affixed to any map
20    or plat of survey not prepared by the Professional Land
21    Surveyor or under the Professional Land Surveyor's direct
22    supervision and control;
23        (16) Using or attempting to use an expired, inactive,
24    suspended, or revoked license or the certificate or seal of
25    another or impersonating another licensee. inability to
26    practice the profession with reasonable judgment, skill,

 

 

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1    or safety as a result of physical illness, including, but
2    not limited to, deterioration through the aging process or
3    loss of motor skill or a mental illness or disability;
4        (17) Directly or indirectly giving to or receiving from
5    any person or entity any fee, commission, rebate, or other
6    form of compensation for any professional service not
7    actually or personally rendered. (blank); or
8        (18) Issuing a map or plat of a survey where the fee
9    for professional services is contingent on a real estate
10    transaction closing failure to adequately supervise or
11    control land surveying operations being performed by
12    subordinates.
13        (19) Signing or affixing the professional land
14    surveyor's seal or permitting the seal to be affixed to any
15    map or plat of a survey not prepared by the professional
16    land surveyor or under the professional land surveyor's
17    direct supervision and control.
18        (20) Failure to adequately supervise or control land
19    surveying operations being performed by subordinates.
20    (a-5) In enforcing this Section, the Department or Board,
21upon a showing of a possible violation, may compel a person
22licensed to practice under this Act, or who has applied for
23licensure or certification pursuant to this Act, to submit to a
24mental or physical examination, or both, as required by and at
25the expense of the Department. The Department or Board may
26order the examining physician to present testimony concerning

 

 

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1the mental or physical examination of the licensee or
2applicant. No information shall be excluded by reason of any
3common law or statutory privilege relating to communications
4between the licensee or applicant and the examining physician.
5The examining physicians shall be specifically designated by
6the Board or Department. The individual to be examined may
7have, at his or her own expense, another physician of his or
8her choice present during all aspects of the examination.
9Failure of an individual to submit to a mental or physical
10examination when directed shall be grounds for the immediate
11suspension of his or her license until the individual submits
12to the examination if the Department finds that the refusal to
13submit to the examination was without reasonable cause as
14defined by rule.
15    If the Secretary immediately suspends the license of a
16licensee for his or her failure to submit to a mental or
17physical examination when directed, a hearing must be convened
18by the Department within 15 days after the suspension and
19completed without appreciable delay.
20    If the Secretary otherwise suspends a person's license
21pursuant to the results of a compelled mental or physical
22examination, a hearing on that person's license must be
23convened by the Department within 15 days after the suspension
24and completed without appreciable delay. The Department and
25Board shall have the authority to review the subject
26individual's record of treatment and counseling regarding

 

 

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1impairment to the extent permitted by applicable federal
2statutes and regulations safeguarding the confidentiality of
3medical records.
4    Any licensee suspended under this subsection (a-5) shall be
5afforded an opportunity to demonstrate to the Department or
6Board that he or she can resume practice in compliance with the
7acceptable and prevailing standards under the provisions of his
8or her license.
9    (b) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code, as now or hereafter amended, operates as an automatic
13license suspension. Such suspension will end only upon a
14finding by a court that the patient is no longer subject to
15involuntary admission or judicial admission and the issuance of
16an order so finding and discharging the patient and upon the
17recommendation of the Board to the Secretary Director that the
18licensee be allowed to resume his or her practice.
19    (c) (Blank).
20    (d) If In cases where the Department of Healthcare and
21Family Services (formerly the Department of Public Aid) has
22previously determined that a licensee or a potential licensee
23is more than 30 days delinquent in the payment of child support
24and has subsequently certified the delinquency to the
25Department, the Department shall refuse to issue or renew or
26shall revoke or suspend that person's license or shall take

 

 

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1other disciplinary action against that person based solely upon
2the certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with subdivision
4(a)(5) of Section 2105-15 of the Department of Professional
5Regulation Law of the Civil Administrative Code of Illinois (20
6ILCS 2105/2105-15).
7    (e) The Department shall refuse to issue or renew or shall
8revoke or suspend a person's license or shall take other
9disciplinary action against that person for his or her failure
10to file a return, to pay the tax, penalty, or interest shown in
11a filed return, or to pay any final assessment of tax, penalty,
12or interest as required by any tax Act administered by the
13Department of Revenue, until such time as the requirements of
14the tax Act are satisfied in accordance with subsection (g) of
15Section 2105-15 of the Department of Professional Regulation
16Law of the Civil Administrative Code of Illinois (20 ILCS
172105/2105-15).
18(Source: P.A. 100-872, eff. 8-14-18.)
 
19    (225 ILCS 330/28)  (from Ch. 111, par. 3278)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 28. Injunction; cease Cease and desist order.
22    (a) If any person or entity violates the provisions of this
23Act, the Secretary, in the name of the People people of the
24State of Illinois, through the Attorney General or the State's
25Attorney of the county in which the violation is alleged to

 

 

10100SB0658ham002- 51 -LRB101 04419 RPS 60889 a

1have occurred may petition for an order enjoining the violation
2or for an order enforcing compliance with this Act. Upon the
3filing of a verified petition, the court with appropriate
4jurisdiction may issue a temporary restraining order, without
5notice or bond, and may preliminarily and permanently enjoin
6the violation. If it is established that the person has
7violated or is violating the injunction, the court may punish
8the offender for contempt of court. Proceedings under this
9Section are in addition to and not in lieu of any other
10remedies and penalties provided by this Act.
11    (b) (a-5) Whenever, in the opinion of the Department, a
12person or entity violates any provision of this Act, the
13Department may issue a rule to show cause why an order to cease
14and desist should not be entered against that person or entity.
15The rule shall clearly set forth the grounds relied upon by the
16Department and shall allow at least 7 days from the date of the
17rule to file an answer satisfactory to the Department. Failure
18to answer to the satisfaction of the Department shall cause an
19order to cease and desist to be issued.
20    (b) (Blank).
21(Source: P.A. 96-626, eff. 8-24-09.)
 
22    (225 ILCS 330/29)  (from Ch. 111, par. 3279)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 29. Investigations; notice and hearing.
25    (a) The Department may investigate the actions of any

 

 

10100SB0658ham002- 52 -LRB101 04419 RPS 60889 a

1applicant or of any person or other entity holding, applying
2for or claiming to hold a license under this Act , or
3practicing or offering to practice land surveying.
4    (b) Before the initiation of a formal complaint an
5investigation, the matter shall be reviewed by a subcommittee
6of the Board according to procedures established by rule for
7the Complaint Committee. If a subcommittee has not been formed,
8the matter shall proceed through the process as stated in
9subsection (c).
10    (c) The Department shall, before disciplining an applicant
11or licensee refusing to issue, renew or restore, suspending or
12revoking any license or registration, or imposing any other
13disciplinary action, at least 30 days prior to the date set for
14the hearing, (i) notify the applicant or licensee person
15accused in writing of the any charges made and the time and
16place for the hearing on the charges, (ii) shall direct the
17applicant person or licensee entity to file a written answer to
18the charges Board under oath within 20 days after the service
19of the notice, and (iii) inform the applicant person or
20licensee entity that failure if the person or entity fails to
21file a written an answer to the charges will result in a
22default being entered against the applicant or licensee default
23will be taken and that the license or certificate may be
24suspended, revoked, placed on probationary status, or other
25disciplinary action may be taken, including limiting the scope,
26nature or extent of practice, as the Secretary may deem proper.

 

 

10100SB0658ham002- 53 -LRB101 04419 RPS 60889 a

1    (d) Written or electronic This written notice, and any
2notice in the subsequent proceeding, may be served by personal
3delivery, by email, or by mail to the applicant or licensee at
4his or her address of record or email address of record. to the
5accused person or entity or certified mail to the last address
6specified by the accused person or entity in the last
7notification to the Department.
8    (e) At the time and place fixed in the notice, the Board or
9hearing officer appointed by the Secretary shall proceed to
10hear the charges and the parties and their counsel shall be
11accorded ample opportunity to present any statement,
12testimony, evidence, and argument as may be pertinent to the
13charges or to the applicant's or licensee's defense. The Board
14or hearing officer may continue the hearing from time to time.
15    (f) In case the licensee person or applicant, after
16receiving the notice, entity fails to file an answer after
17receiving notice, the his or her license or certificate may, in
18the discretion of the Secretary Department, having first
19received the recommendation of the Board, be suspended,
20revoked, or placed on probationary status, or be subject to the
21Department may take whatever disciplinary action the Secretary
22considers deemed proper, including limiting the scope, nature,
23or extent of the person's practice or the imposition of a fine,
24without a hearing, if the act or acts charged constitute
25sufficient grounds for such action under this Act. At the time
26and place fixed in the notice, the Board shall hear the charges

 

 

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1and the accused person or entity shall be accorded ample
2opportunity to present any statements, testimony, evidence and
3argument as may be relevant to the charges or their defense.
4The Board may continue the hearing from time to time.
5    The Department may from time to time employ individual land
6surveyors possessing the same minimum qualifications as
7required for Board candidates to assist with its investigative
8duties.
9    (g) Persons who assist the Department as consultants or
10expert witnesses in the investigation or prosecution of alleged
11violations of the Act, licensure matters, restoration
12proceedings, or criminal prosecutions, are not liable for
13damages in any civil action or proceeding as a result of their
14assistance, except upon proof of actual malice. The Attorney
15General shall defend these persons in any such action or
16proceeding.
17(Source: P.A. 96-626, eff. 8-24-09.)
 
18    (225 ILCS 330/30)  (from Ch. 111, par. 3280)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 30. Record of proceedings Stenographer; transcript.
21    (a) The Department, at its expense, shall provide a
22certified shorthand reporter stenographer to take down the
23testimony and preserve a record of all proceedings at the
24hearing of any case where a license may be is revoked,
25suspended, placed on probationary status, reprimanded, fined,

 

 

10100SB0658ham002- 55 -LRB101 04419 RPS 60889 a

1or subjected to other disciplinary action with reference to the
2license when a disciplinary action is authorized under this Act
3and its rules or other disciplinary action is taken. The notice
4of hearing, complaint, and all other documents in the nature of
5pleadings and written motions filed in the proceedings, the
6transcript of testimony, the report of the Board, and the
7orders of the Department shall be the record of the
8proceedings. The record may be made available to any person
9interested in the hearing upon payment of the fee required by
10Section 2105-115 of the Department of Professional Regulation
11Law of the Civil Administrative Code of Illinois.
12    (b) The Department may contract for court reporting
13services, and, if it does so, the Department shall provide the
14name and contact information for the certified shorthand
15reporter who transcribed the testimony at a hearing to any
16person interested, who may obtain a copy of the transcript of
17any proceedings at a hearing upon payment of the fee specified
18by the certified shorthand reporter.
19(Source: P.A. 96-626, eff. 8-24-09.)
 
20    (225 ILCS 330/31)  (from Ch. 111, par. 3281)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 31. Subpoenas, depositions, oaths.
23    (a) The Department has the power to subpoena documents,
24books, records, or other materials and to bring before it any
25person and to take testimony either orally or by deposition, or

 

 

10100SB0658ham002- 56 -LRB101 04419 RPS 60889 a

1both, with the same fees and mileage and in the same manner as
2is prescribed in civil cases in the courts of this State.
3    (b) The Secretary, the designated hearing officer, and
4every member of the Board has the power to administer oaths to
5witnesses at any hearing that the Department is authorized to
6conduct and any other oaths authorized in any Act administered
7by the Department.
8(Source: P.A. 96-626, eff. 8-24-09.)
 
9    (225 ILCS 330/33)  (from Ch. 111, par. 3283)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 33. Hearing; motion for rehearing Notice of hearing;
12Findings and recommendations.
13    (a) The Board or hearing officer appointed by the Secretary
14shall hear evidence in support of the formal charges and
15evidence produced by the licensee. At the conclusion of the
16hearing, the Board or hearing officer shall present to the
17Secretary a written report of its findings of fact, conclusions
18of law, and recommendations. If the Board fails to present its
19report, the applicant or licensee may request in writing a
20direct appeal to the Secretary, in which case the Secretary may
21issue an order based upon the report of the hearing officer and
22the record of the proceedings or issue an order remanding the
23matter back to the hearing officer for additional proceedings
24in accordance with the order.
25    (b) At the conclusion of the hearing, a copy of the Board's

 

 

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1or hearing officer's report shall be served upon the applicant
2or licensee, either personally or as provided in this Act for
3the service of the notice of hearing. Within 20 calendar days
4after such service, the applicant or licensee may present to
5the Department a motion, in writing, for a rehearing that shall
6specify the particular grounds for rehearing. The Department
7may respond to the motion for rehearing within 20 calendar days
8after its service on the Department. If no motion for rehearing
9is filed, then upon the expiration of the time specified for
10filing such a motion, or upon denial of a motion for rehearing,
11the Secretary may enter an order in accordance with the
12recommendations of the Board or hearing officer. If the
13applicant or licensee orders from the reporting service and
14pays for a transcript of the record within the time for filing
15a motion for rehearing, the 20 calendar day period within which
16a motion may be filed shall commence upon delivery of the
17transcript to the applicant or licensee.
18    (c) If the Secretary disagrees in any regard with the
19report of the Board, the Secretary may issue an order contrary
20to the report.
21    (d) Whenever the Secretary is not satisfied that
22substantial justice has been done, the Secretary may order a
23hearing by the same or another hearing officer.
24    (e) At any point in any investigation or disciplinary
25proceeding provided for in this Act, both parties may agree to
26a negotiated consent order. The consent order shall be final

 

 

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1upon signature of the Secretary.
2At the conclusion of the hearing the Board shall present to the
3Secretary a written report of its findings and recommendations.
4The report shall contain a finding whether or not the accused
5person violated this Act or failed to comply with the
6conditions required in this Act. The Board shall specify the
7nature of the violation or failure to comply, and shall make
8its recommendations to the Secretary.
9    The report of findings and recommendations of the Board
10shall be the basis for the Department's order unless the
11Secretary disagrees with the Board, in which case the Secretary
12may issue an order in contravention of the Board report stating
13the reasons for the order. The report, findings, and
14recommendations are not admissible in evidence against the
15person in a criminal prosecution brought for the violation of
16this Act, but the hearing and findings are not a bar to a
17criminal prosecution brought for the violation of this Act.
18(Source: P.A. 96-626, eff. 8-24-09.)
 
19    (225 ILCS 330/36)  (from Ch. 111, par. 3286)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 36. Hearing Appointment of a hearing officer.
22Notwithstanding any provision in the provisions of Section 33
23of this Act, the Secretary has the authority to appoint any
24attorney duly licensed to practice law in the State of Illinois
25to serve as the hearing officer in any action for refusal to

 

 

10100SB0658ham002- 59 -LRB101 04419 RPS 60889 a

1issue or renew a license or discipline a licensee. The Board
2may have at least one member present at any hearing conducted
3by the hearing officer. The hearing officer has full authority
4to conduct the hearing. The Board has the right to have at
5least one member present at any hearing conducted by such
6hearing officer. The hearing officer shall report his or her
7findings of fact, conclusions of law, and recommendations to
8the Board and to the Secretary. The Board shall have 60 days
9from receipt of the report to review the report of the hearing
10officer and present their findings of fact, conclusions of law
11and recommendations to the Secretary. If the Board fails to
12present its report within the 60 day period, the Secretary
13shall issue an order based on the report of the hearing
14officer. If the Secretary disagrees in any regard with the
15report of the Board or hearing officer, he or she may issue an
16order in contravention thereof. The Secretary shall notify the
17Board on any such deviation and shall specify with
18particularity the reasons for such action in the final order
19provide a written explanation to the Board on any such
20deviation.
21(Source: P.A. 96-626, eff. 8-24-09.)
 
22    (225 ILCS 330/38)  (from Ch. 111, par. 3288)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 38. Restoration from disciplinary status of suspended
25or revoked license.

 

 

10100SB0658ham002- 60 -LRB101 04419 RPS 60889 a

1    (a) At any time after the successful completion of a term
2of probation, suspension, or revocation of any license under
3this Act, the Department may restore the license it to the
4licensee accused person upon the written recommendation of the
5Board, unless after an investigation and a hearing the
6Department Board determines that restoration is not in the
7public interest.
8    (b) Where circumstances of suspension or revocation so
9indicate, the Department may require an examination of the
10licensee before restoring his or her license.
11    (c) No person whose license has been revoked as authorized
12in this Act may apply for restoration of that license until
13such time as provided for in the Department of Professional
14Regulation Law of the Civil Administrative Code of Illinois.
15    (d) A license that has been suspended or revoked shall be
16considered nonrenewed for purposes of restoration and a
17licensee restoring his or her license from suspension or
18revocation must comply with the requirements for restoration as
19set forth in Section 18 and any related rules adopted.
20(Source: P.A. 86-987.)
 
21    (225 ILCS 330/40)  (from Ch. 111, par. 3290)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 40. Temporary suspension of a license. The Secretary
24may temporarily suspend the license of a professional land
25surveyor Professional Land Surveyor or surveyor intern

 

 

10100SB0658ham002- 61 -LRB101 04419 RPS 60889 a

1Surveyor Intern without a hearing, simultaneously with the
2institution of proceedings for a hearing under Section 29 of
3this Act, if the Secretary finds that evidence in his or her
4possession indicates that a professional land surveyor's
5Professional Land Surveyor's or surveyor intern's Surveyor
6Intern's continuation in practice would constitute an imminent
7danger to the public. If In the event that the Secretary
8temporarily suspends the license of a professional land
9surveyor Professional Land Surveyor or surveyor intern
10Surveyor Intern without a hearing, a hearing by the Board must
11be commenced within 30 days after such suspension has occurred.
12(Source: P.A. 100-171, eff. 1-1-18.)
 
13    (225 ILCS 330/41)  (from Ch. 111, par. 3291)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 41. Review under Administrative review Review Law.
16    (a) All final administrative decisions of the Department
17under this Act are subject to judicial review pursuant to the
18Administrative Review Law, as now or hereafter amended, and its
19rules. The term "administrative decision" is defined as in
20Section 3-101 of the Code of Civil Procedure.
21    (b) Proceedings for judicial review shall be commenced in
22the circuit court Circuit Court of the county in which the
23party applying for review resides, but ; provided, that if the
24such party is not a resident of this State, the venue shall be
25in Sangamon County.

 

 

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1    (c) The Department shall not be required to certify any
2record to the court or file any answer in court or to otherwise
3appear in any court in a judicial review proceeding unless and
4until the Department has received from the plaintiff payment of
5the costs of furnishing and certifying the record, which costs
6shall be determined by the Department.
7    (d) Failure on the part of the plaintiff to file a receipt
8in court shall be grounds for dismissal of the action.
9    (e) During the pendency and hearing of any and all judicial
10proceedings incident to a disciplinary action the sanctions
11imposed upon the plaintiff by the Department shall remain in
12full force and effect.
13(Source: P.A. 86-987.)
 
14    (225 ILCS 330/44)  (from Ch. 111, par. 3294)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 44. Plats and licenses as prima facie evidence; record
17Record of plats. All plats and licenses issued by a
18professional land surveyor Professional Land Surveyor under
19his or her hand and seal shall be received as prima facie
20evidence in all courts in this State. A professional land
21surveyor Professional Land Surveyor is entitled to have his or
22her plats recorded in the county where the land affected lies;
23provided, however, plats of subdivision or dedication are
24subject to any statutory provisions relating to the approval,
25recording, and filing of plats of subdivision or dedication.

 

 

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1(Source: P.A. 86-987.)
 
2    (225 ILCS 330/45)  (from Ch. 111, par. 3295)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 45. Entry upon adjoining land; liability Liability for
5damages. A professional land surveyor Professional Land
6Surveyor, or persons under his or her direct supervision,
7together with his or her survey party, who, in the course of
8making a survey, finds it necessary to go upon the land of a
9party or parties other than the one for whom the survey is
10being made is not liable for civil or criminal trespass and is
11liable only for any actual damage done to the land or property.
12(Source: P.A. 93-467, eff. 1-1-04.)
 
13    (225 ILCS 330/46)  (from Ch. 111, par. 3296)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 46. Illinois Administrative Procedure Act. The
16Illinois Administrative Procedure Act is expressly adopted and
17incorporated as if all of the provisions of that Act were
18included in this Act, except that the provision of subsection
19(d) of Section 10-65 of the Illinois Administrative Procedure
20Act that provides that at hearings the licensee has the right
21to show compliance with all lawful requirements for retention,
22continuation, or renewal of the license is specifically
23excluded. For the purpose of this Act, the notice required
24under Section 10-25 of the Illinois Administrative Procedure

 

 

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1Act is deemed sufficient when mailed or emailed to the last
2known address of record a party.
3(Source: P.A. 88-45.)
 
4    (225 ILCS 330/48)  (from Ch. 111, par. 3298)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 48. Fund, appropriations, investments and audits. The
7moneys deposited into in the Design Professionals
8Administration and Investigation Fund from fines and fees under
9this Act shall be appropriated to the Department exclusively
10for expenses of the Department and the Board in the
11administration of this Act, the Illinois Architecture Practice
12Act, the Professional Engineering Practice Act of 1989, and the
13Structural Engineering Practice Act of 1989. The expenses of
14the Department under this Act shall be limited to the ordinary
15and contingent expenses of the Design Professionals Dedicated
16Employees within the Department as established under Section
172105-75 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
19and other expenses related to the administration and
20enforcement of this Act.
21    Moneys from the Fund may also be used for direct and
22allocable indirect costs related to the public purposes of the
23Department of Financial and Professional Regulation. Moneys in
24the Fund may be transferred to the Professions Indirect Cost
25Fund as authorized by Section 2105-300 of the Department of

 

 

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1Professional Regulation Law of the Civil Administrative Code of
2Illinois (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 into in
6the Design Professionals Administration and Investigation Fund
7and used for the same purposes as fees deposited into in that
8Fund.
9    All fines and penalties under Sections 16 and 27 shall be
10deposited into the Design Professionals Administration and
11Investigation Fund.
12    Upon the completion of any audit of the Department as
13prescribed by the Illinois State Auditing Act that includes an
14audit of the Design Professionals Administration and
15Investigation Fund, the Department shall make the audit open to
16inspection by any interested person. The copy of the audit
17report required to be submitted to the Department by this
18Section is in addition to copies of audit reports required to
19be submitted to other State officers and agencies by Section
203-14 of the Illinois State Auditing Act.
21(Source: P.A. 100-171, eff. 1-1-18.)
 
22    (225 ILCS 330/9 rep.)
23    (225 ILCS 330/16.5 rep.)
24    (225 ILCS 330/22 rep.)
25    (225 ILCS 330/23 rep.)

 

 

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1    (225 ILCS 330/34 rep.)
2    (225 ILCS 330/35 rep.)
3    (225 ILCS 330/42 rep.)
4    (225 ILCS 330/43 rep.)
5    Section 15. The Illinois Professional Land Surveyor Act of
61989 is amended by repealing Sections 9, 16.5, 22, 23, 34, 35,
742, and 43.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".