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90_SB1447
SEE INDEX
Amends the Regulatory Agency Sunset Act to extend the
sunset date of the Illinois Architecture Practice Act of
1989, the Professional Engineering Practice Act of 1989, the
Illinois Professional Land Surveyor Act of 1989, and the
Structural Engineering Licensing Act of 1989 to January 1,
2009. Amends the Architecture Practice Act to make changes
concerning use of title, application of the Act, the powers
and duties of the Department of Professional Regulation, the
Architect Licensing Board, license applications and
qualifications, seals, continuing education, fees,
professional design firm registration, and disciplinary
actions. Amends the Professional Engineering Practice Act to
make changes concerning application of the Act, the
definition of "license", the powers and duties of the
Department, the State Board of Professional Engineers,
license applications and qualifications, educational credits,
seals, continuing education, fees, professional design firm
registration, disciplinary actions, and the Design
Professionals Administration and Investigation Fund. Amends
the Professional Land Surveyor Act to make changes concerning
the Land Surveyors Examining Board, the powers and duties of
the Department, license applications and qualifications, land
surveyors-in-training, displaying a license, seals,
continuing education, fees, professional land surveying
firms, and disciplinary actions. Amends the Structural
Engineering Licensing Act to change its short title to the
Structural Engineering Practice Act of 1989 and to make
changes concerning the definitions of "structural engineer
intern" and "structural engineer", the powers and duties of
the Department, the Structural Engineering Board, license
applications and qualifications, examinations, seals,
continuing education, a foreign licensee, fees, professional
design firm registration, and disciplinary actions. Makes
changes to other Acts to reflect the Act's new short title.
Effective January 1, 1999.
LRB9010679NTsbA
LRB9010679NTsbA
1 AN ACT concerning regulated professions, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Agency Sunset Act is amended
6 by changing Section 4.10 and adding Section 4.19 as follows:
7 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
8 Sec. 4.10. The following Acts are repealed December 31,
9 1999:
10 The Fire Equipment Distributor and Employee Regulation
11 Act.
12 The Professional Engineering Practice Act of 1989.
13 The Structural Engineering Licensing Act of 1989.
14 The Illinois Architecture Practice Act of 1989.
15 The Illinois Landscape Architecture Act of 1989.
16 The Illinois Professional Land Surveyor Act of 1989.
17 The Land Sales Registration Act of 1989.
18 The Real Estate License Act of 1983.
19 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20 86-1007; 86-1028.)
21 (5 ILCS 80/4.19 new)
22 Sec. 4.19. Acts repealed on January 1, 2009. The
23 following Acts are repealed on January 1, 2009:
24 The Illinois Architecture Practice Act of 1989.
25 The Professional Engineering Practice Act of 1989.
26 The Illinois Professional Land Surveyor Act of 1989.
27 The Structural Engineering Practice Act of 1989.
28 Section 10. The Illinois Purchasing Act is amended by
29 changing Section 9 as follows:
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1 (30 ILCS 505/9) (from Ch. 127, par. 132.9)
2 Sec. 9. Any contract entered into or expenditure of
3 funds by a State agency for remodeling, renovation or
4 construction, involving an expenditure in excess of $5,000,
5 shall be subject to the supervision of a licensed architect
6 or engineer and no payment shall be paid for such remodeling,
7 renovation or construction unless the vouchers or invoice for
8 such work is accompanied by a written certificate of such
9 licensed architect or engineer that the payment represents
10 work satisfactorily completed; labor; or materials
11 incorporated in or stored at the site of such work; provided,
12 periodic payments can be made during the course of such work
13 upon a certificate of such licensed architect or engineer and
14 indicating the proportionate amount of the total work
15 completed satisfactorily. Architect or engineer supervision
16 and certification shall not apply to refurbishing, repair, or
17 maintenance projects that are determined by the Illinois
18 Capital Development Board's Executive Director or its
19 designated technical staff as not being the practice of
20 architecture as defined in Section 3 of the Illinois
21 Architecture Practice Act of 1989, nor the practice of
22 professional engineering as defined in Section 3 of the
23 Professional Engineering Practice Act of 1989, nor the
24 practice of structural engineering as defined in Section 5 of
25 the Structural Engineering Practice Licensing Act of 1989.
26 (Source: P.A. 90-446, eff. 8-16-97.)
27 Section 15. The Architectural, Engineering, and Land
28 Surveying Qualifications Based Selection Act is amended by
29 changing Sections 15 and 65 as follows:
30 (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
31 Sec. 15. Definitions. As used in this Act:
32 "Architectural services" means any professional service
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1 as defined in Section 5 of the Illinois Architecture Practice
2 Act of 1989.
3 "Engineering services" means any professional service as
4 defined in Section 4 of the Professional Engineering Practice
5 Act of 1989 or Section 5 of the Structural Engineering
6 Practice Licensing Act of 1989.
7 "Firm" means any individual, sole proprietorship, firm,
8 partnership, corporation, association, or other legal entity
9 permitted by law to practice the profession of architecture,
10 engineering, or land surveying and provide those services.
11 "Land surveying services" means any professional service
12 as defined in Section 5 of the Illinois Professional Land
13 Surveyor Act of 1989.
14 "Project" means any capital improvement project or any
15 design, study, plan, survey, or new or existing program
16 activity of a State agency, including development of new or
17 existing programs that require architectural, engineering, or
18 land surveying services.
19 "State agency" means any department, commission, council,
20 board, bureau, committee, institution, agency, university,
21 government corporation, authority, or other establishment or
22 official of this State.
23 (Source: P.A. 87-673.)
24 (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
25 Sec. 65. Scope. No person, corporation, or partnership
26 licensed or registered under the Illinois Architecture
27 Practice Act of 1989, the Professional Engineering Practice
28 Act of 1989, the Structural Engineering Practice Licensing
29 Act of 1989, or the Illinois Professional Land Surveyor Act
30 of 1989 shall engage in any act or conduct, or be a party to
31 any contract, or agreement, in violation of the provisions of
32 this Act.
33 (Source: P.A. 87-673.)
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1 Section 20. The Local Government Professional Services
2 Selection Act is amended by changing Section 3 as follows:
3 (50 ILCS 510/3) (from Ch. 85, par. 6403)
4 Sec. 3. Definitions. As used in this Act unless the
5 context specifically requires otherwise:
6 (1) "Firm" means any individual, firm, partnership,
7 corporation, association or other legal entity permitted by
8 law to practice the profession of architecture, engineering
9 or land surveying and provide architectural, engineering or
10 land surveying services.
11 (2) "Architectural services" means any professional
12 service as defined in Section 5 of the Illinois Architecture
13 Practice Act of 1989.
14 (3) "Engineering services" means any professional
15 service as defined in Section 4 of the Professional
16 Engineering Practice Act of 1989 or Section 5 of the
17 Structural Engineering Practice Licensing Act of 1989.
18 (4) "Land surveying services" means any professional
19 service as defined in Section 5 of the Illinois Professional
20 Land Surveyor Act of 1989.
21 (5) "Political subdivision" means any school district
22 and any unit of local government of fewer than 3,000,000
23 inhabitants, except home rule units.
24 (6) "Project" means any capital improvement project or
25 any study, plan, survey or new or existing program activity
26 of a political subdivision, including development of new or
27 existing programs which require architectural, engineering or
28 land surveying services.
29 (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
30 Section 25. The Civil Administrative Code of Illinois is
31 amended by changing Section 62.1 as follows:
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1 (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
2 Sec. 62.1. Design Professionals Dedicated Employees.
3 There is established within the Department of Professional
4 Regulation certain design professionals dedicated employees.
5 These employees shall be devoted exclusively to the
6 administration and enforcement of the Illinois Architecture
7 Practice Act, the Illinois Professional Land Surveyor Act of
8 1989, the Professional Engineering Practice Act of 1989, and
9 the Structural Engineering Practice Licensing Act of 1989.
10 The design professionals dedicated employees that the
11 Director shall employ, in conformity with the Personnel Code,
12 at a minimum shall consist of one full-time design licensing
13 Coordinator, one full-time Assistant Coordinator, 4 full-time
14 licensing clerks, one full-time attorney, and 2 full-time
15 investigators. These employees shall work exclusively in the
16 licensing and enforcement of the design profession Acts set
17 forth in this Section and shall not be used for the licensing
18 and enforcement of any other Act or other duties in the
19 Department of Professional Regulation.
20 (Source: P.A. 87-781.)
21 Section 30. The Illinois Architecture Practice Act of
22 1989 is amended by changing Sections 3, 8, 9, 10, 11, 12, 13,
23 14, 19, 21, 22, and 38 and adding Section 16.5 as follows:
24 (225 ILCS 305/3) (from Ch. 111, par. 1303)
25 Sec. 3. Application of Act; use of title. Nothing in
26 this Act shall be deemed or construed to prevent the practice
27 of structural engineering as defined in the Structural
28 Engineering Practice Licensing Act of 1989, the practice of
29 professional engineering as defined in the Professional
30 Engineering Practice Act of 1989, or the preparation of
31 documents used to prescribe work to be done inside buildings
32 for non-loadbearing interior construction, furnishings,
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1 fixtures and equipment, or the offering or preparation of
2 environmental analysis, feasibility studies, programming or
3 construction management services by persons other than those
4 licensed in accordance with this Act, the Structural
5 Engineering Practice Licensing Act of 1989 or the
6 Professional Engineering Practice Act of 1989.
7 Nothing contained in this Act shall prevent the
8 draftsmen, students, project representatives and other
9 employees of those lawfully practicing as licensed architects
10 under the provisions of this Act, from acting under the
11 direct supervision and control of their employers, or to
12 prevent the employment of project representatives for
13 enlargement or alteration of buildings or any parts thereof,
14 or prevent such project representatives from acting under the
15 direct supervision and control of the licensed architect by
16 whom the construction documents including drawings and
17 specifications of any such building, enlargement or
18 alteration were prepared.
19 Nothing in this Act or any other Act shall prevent a
20 registered architect from practicing interior design
21 services. Nothing in this Act shall be construed as
22 requiring the services of an interior designer for the
23 interior designing of a single family residence.
24 A person, sole proprietorship, professional service
25 corporation, limited liability company, corporation or
26 partnership, or other entity practicing pursuant to an
27 exemption from licensure contained in this Section shall not
28 use the title "architect" or any of its derivations unless
29 the person or other entity holds an active license as an
30 architect or registration as a professional design firm in
31 the State of Illinois under Section 21 of this Act.
32 No person, sole proprietorship, professional service
33 corporation, limited liability company, corporation or
34 partnership, or other entity that practices or offers the
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1 practice of architecture shall advertise or display any sign
2 or card or other device that might indicate to the public
3 that the person or entity is entitled to practice as an
4 architect or use the title "architect" or any of its
5 derivation unless the person or other entity holds an active
6 license as an architect or registration as a professional
7 design firm in this State as registered under Section 21 of
8 this Act.
9 No person shall, without possessing a valid license as an
10 architect issued by the Department, in any manner (i) hold
11 himself or herself out to the public as an architect, (ii)
12 attach the title "architect" or any of its derivations, or
13 (iii) offer to render or render to individuals, corporations,
14 or the public any architectural services as defined in this
15 Act if the word "architect" or any of its derivations are
16 used to describe the person offering to render or rendering
17 them, or describe the services rendered or offered to be
18 rendered.
19 This Act does not apply to any of the following:
20 (A) The building, remodeling or repairing of any
21 building or other structure outside of the corporate
22 limits of any city or village, where such building or
23 structure is to be, or is used for farm residential or
24 farm purposes, or for the purposes of outbuildings or
25 auxiliary buildings in connection with such residential
26 or farm premises.
27 (B) The construction, remodeling or repairing of a
28 detached single family residence on a single lot.
29 (C) The construction, remodeling or repairing of a
30 two-family residence of wood frame construction on a
31 single lot, not more than two stories and basement in
32 height.
33 (D) Interior design services for buildings which do
34 not involve life safety or structural changes.
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1 However, all buildings not included in the preceding
2 paragraphs (A) through (D), including multi-family buildings
3 and buildings previously exempt under those paragraphs but
4 subsequently non-exempt due to a change in occupancy or use,
5 are subject to the requirements of this Act. Interior
6 alterations which result in life safety or structural changes
7 of the building are subject to the requirements of this Act.
8 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
9 (225 ILCS 305/8) (from Ch. 111, par. 1308)
10 Sec. 8. Powers and duties of the Department. Subject to
11 the provisions of this Act, the Department shall exercise the
12 following functions, powers and duties:
13 (a) Conduct examinations to ascertain the qualifications
14 and fitness of applicants for licensure as licensed
15 architects, and pass upon the qualifications and fitness of
16 applicants for licensure by endorsement;
17 (b) Prescribe rules for a method of examination of
18 candidates;
19 (c) Prescribe rules defining what constitutes a school,
20 college or university, or department of a university, or
21 other institution, reputable and in good standing, to
22 determine whether or not a school, college or university, or
23 department of a university, or other institution is reputable
24 and in good standing by reference to a compliance with such
25 rules, and to terminate the approval of such school, college
26 or university or department of a university or other
27 institution that refuses admittance to applicants solely on
28 the basis of race, color, creed, sex or national origin. The
29 Department may adopt, as its own rules relating to education
30 requirements, those guidelines published from time to time by
31 the National Architectural Accrediting Board;
32 (d) Prescribe rules for diversified professional
33 training;
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1 (e) Conduct oral interviews, disciplinary conferences
2 and formal evidentiary hearings on proceedings to impose
3 fines or to suspend, revoke, place on probationary status,
4 reprimand, and refuse to issue or restore any license issued
5 under the provisions of this Act for the reasons set forth in
6 Section 22 of this Act;
7 (f) Issue licenses to those who meet the requirements of
8 this Act; and
9 (g) Formulate and publish rules necessary or appropriate
10 to carrying out the provisions of this Act.
11 (h) To maintain membership in the National Council of
12 Architectural Registration Boards and participate in
13 activities of the Council by designation of individuals for
14 the various classifications of membership and the appointment
15 of delegates for attendance at regional and national meetings
16 of the Council. All costs associated with membership and
17 attendance of such delegates to any national meetings may be
18 funded from the Design Professionals Administration and
19 Investigation Fund.
20 Prior to issuance of any final decision or order that
21 deviates from any report or recommendation of the Board
22 relating to the qualification of applicants, discipline of
23 licensees or registrants, or promulgation of rules, the
24 Director shall notify the Board in writing with an
25 explanation of any such deviation and provide a reasonable
26 time for the Board to submit writing comments to the Director
27 regarding the proposed action. In the event that the Board
28 fails or declines to submit such written comments within 30
29 days of said notification, the Director may issue a final
30 decision or orders consistent with the Director's original
31 decision. The Department may at any time seek the expert
32 advice and knowledge of the Board on any matter relating to
33 the enforcement of this Act.
34 (Source: P.A. 86-702.)
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1 (225 ILCS 305/9) (from Ch. 111, par. 1309)
2 Sec. 9. Creation of the Board. The Director shall
3 appoint an Architecture Architect Licensing Board which will
4 consist of 6 members. Five members shall be licensed
5 architects, one of whom shall be a tenured member of the
6 architectural faculty of the University of Illinois. The
7 other 4 shall be licensed architects, residing in this State,
8 who have been engaged in the practice of architecture at
9 least 10 years. In addition to the 5 licensed architects,
10 there shall be one public member. The public member shall be
11 a voting member and shall not hold a license as an architect,
12 professional engineer, structural engineer or land surveyor.
13 Board members shall serve 5 year terms and until their
14 successors are appointed and qualified. For the initial
15 appointments made under this Act, however, 2 members shall be
16 appointed to serve for a period of one year, 2 members shall
17 be appointed to serve for a period of 3 years, and one member
18 shall be appointed for a period of 5 years. The public member
19 shall be appointed to an initial term of 5 years. In making
20 the designation of persons to the Board, the Director shall
21 give due consideration to recommendations by members and
22 organizations of the profession.
23 The membership of the Board should reasonably reflect
24 representation from the geographic areas in this State.
25 No member shall be reappointed to the Board for a term
26 which would cause his continuous service on the Board to be
27 longer than 10 successive years. Service prior to the
28 effective date of this Act shall not be considered.
29 Appointments to fill vacancies shall be made in the same
30 manner as original appointments, for the unexpired portion of
31 the vacated term. Initial terms shall begin upon the
32 effective date of this Act and Board members in office on
33 that date under the predecessor Act may be appointed to
34 specific terms as indicated in this Section.
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1 Persons holding office as members of the Board under the
2 Illinois Architecture Act immediately prior to the effective
3 date of this Act shall continue as members of the Board under
4 this Act until the expiration of the term for which they were
5 appointed and until their successors are appointed and
6 qualified.
7 A quorum of the Board shall consist of a majority of
8 Board members currently appointed. A majority vote of the
9 quorum is required for Board decisions. Four members shall
10 constitute a quorum of Board members. The Chairman shall
11 only vote on all matters to come before the Board in the case
12 of a tie vote.
13 The Director may terminate the appointment of any member
14 for cause which in the opinion of the Director reasonably
15 justifies such termination, which may include, but is not
16 limited to, a Board member who does not attend 2 consecutive
17 meetings.
18 Notice of proposed rulemaking shall be transmitted to the
19 Board and the Department shall review the response of the
20 Board and any recommendations made therein. The Department
21 may, at any time, seek the expert advice and knowledge of the
22 Board on any matter relating to the administration or
23 enforcement of this Act.
24 Members of the Board are immune from suit in any action
25 based upon any disciplinary proceedings or other activities
26 performed in good faith as members of the Board.
27 (Source: P.A. 86-702; 87-593.)
28 (225 ILCS 305/10) (from Ch. 111, par. 1310)
29 Sec. 10. Powers and duties of the Board.
30 (a) The Board shall hold at least 3 regular meetings each
31 year.;
32 (b) The Board shall annually elect a Chairperson and a
33 Vice Chairperson Chairman who shall be a licensed architects.
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1 architect;
2 (c) The Board, upon request by the Department, may make
3 a curriculum evaluation to determine if courses conform to
4 the requirements of approved architectural programs.;
5 (d) The Board shall assist the Department in conducting
6 oral interviews, disciplinary conferences and formal
7 evidentiary hearings.;
8 (e) The Department may, at any time, seek the expert
9 advice and knowledge of the Board on any matter relating to
10 the enforcement of this Act.;
11 (f) The Board may appoint a subcommittee to serve as a
12 Complaint Committee to recommend the disposition of case
13 files according to procedures established by rule.;
14 (g) The Board shall review applicant qualifications to
15 sit for the examination or for licensure and shall make
16 recommendations to the Department. The Department shall
17 review the Board's recommendations on applicant
18 qualifications. The Director shall notify the Board in
19 writing with an explanation of any deviation from the Board's
20 recommendation on applicant qualifications. After review of
21 the Director's written explanation of his reasons for
22 deviation, the Board shall have the opportunity to comment
23 upon the Director's decision.
24 (h) The Board shall submit written comments to the
25 Director within 30 days from notification of any final
26 decision or order from the Director that deviates from any
27 report or recommendation of the Board relating to the
28 qualifications of applicants, discipline of licensees or
29 registrants, or promulgation of rules.
30 (Source: P.A. 88-428.)
31 (225 ILCS 305/11) (from Ch. 111, par. 1311)
32 Sec. 11. Application for original license. Applications
33 for original licensure shall be made to the Department in
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1 writing on forms prescribed by the Department and shall be
2 accompanied by the required fee, which is not refundable.
3 Any such application shall require information as in the
4 judgment of the Department will enable the Department to pass
5 on the qualifications of the applicant to practice
6 architecture. The Department may require an applicant, at the
7 applicant's expense, to have an evaluation of the applicant's
8 education in a foreign country by a nationally recognized
9 educational body approved by the Board in accordance with
10 rules prescribed by the Department.
11 An applicant who has graduated from an architectural
12 program outside the United States or its territories and
13 whose first language is not English shall submit
14 certification of passage of the Test of English as a Foreign
15 Language (TOEFL) and the Test of Spoken English (TSE) as
16 defined by rule before taking the licensure examination.
17 (Source: P.A. 89-594, eff. 8-1-96.)
18 (225 ILCS 305/12) (from Ch. 111, par. 1312)
19 Sec. 12. Examinations; subjects; failure or refusal to
20 take examination. The Department shall authorize examination
21 of applicants as architects at such times and places as it
22 may determine. The examination shall be in English and shall
23 be written or written and graphic. It shall include at a
24 minimum the following subjects:
25 (a) pre-design, environmental analysis and
26 programming;
27 (b) site design;
28 (c) building design;
29 (d) structural technology (general, long span, and
30 lateral);
31 (e) life safety codes and technology, and energy
32 efficient design;
33 (f) barrier free design;
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1 (g) mechanical, plumbing, and electrical systems
2 (principles of sanitation and ventilation as applied to
3 buildings);
4 (h) materials and methods;
5 (i) construction documents, technical submissions,
6 and professional practice, including the contractual
7 duties of an architect; and
8 It shall be the responsibility of the applicant to
9 be familiar with this Act and its rules.
10 Examination subject matter headings and bases on which
11 examinations are graded shall be indicated in rules
12 pertaining to this Act. The Department may adopt the
13 examinations and grading procedures of the National Council
14 of Architectural Registration Boards. Content of any
15 particular examination shall not be considered public record
16 under the Freedom of Information Act.
17 If an applicant neglects without an approved excuse or
18 refuses to take the next available examination offered for
19 licensure under this Act, the fee paid by the applicant shall
20 be forfeited. If an applicant fails to pass an examination
21 for licensure under this Act within 3 6 years after filing an
22 application, the application shall be denied. The applicant
23 may, however, make a new application for examination
24 accompanied by the required fee and must furnish proof of
25 meeting the qualifications for examination in effect at the
26 time of the new application.
27 The Department may by rule prescribe additional subjects
28 for examination.
29 An applicant has one year from the date of notification
30 of successful completion of all the examination requirements
31 to apply to the Department for a license. If an applicant
32 fails to apply within one year, the applicant shall be
33 required to again take and pass the examination.
34 (Source: P.A. 86-702; 87-593.)
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1 (225 ILCS 305/13) (from Ch. 111, par. 1313)
2 Sec. 13. Qualifications of applicants. Any person who
3 is of good moral character may take an examination for
4 licensure if he or she is a graduate with a first
5 professional degree in architecture from a program accredited
6 by the National Architectural Accrediting Board and has
7 completed such diversified professional training, including
8 academic training, as is required by rules of the Department.
9 In lieu of the requirement of graduation with a first
10 professional degree in architecture from a program accredited
11 by the National Architectural Accrediting Board, the
12 Department may admit an applicant who is a graduate with a
13 pre-professional 4 year baccalaureate degree accepted for
14 direct entry into a first professional master of architecture
15 degree program, and who has completed such additional
16 diversified professional training, including academic
17 training, as is required by rules of the Department. The
18 Department may adopt, as its own rules relating to
19 diversified professional training, those guidelines published
20 from time to time by the National Council of Architectural
21 Registration Boards.
22 Good moral character means such character as will enable
23 a person to discharge the fiduciary duties of an architect to
24 that person's client and to the public in a manner which
25 protects health, safety and welfare. Evidence of inability
26 to discharge such duties may include the commission of an
27 offense justifying discipline under Section 19. In addition,
28 the Department may take into consideration whether the
29 applicant has engaged in conduct or actions that would
30 constitute grounds for discipline under this Act any felony
31 conviction of the applicant, but such a conviction shall not
32 operate as an absolute bar to qualification for examination
33 for licensure.
34 (Source: P.A. 89-387, eff. 8-20-95.)
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1 (225 ILCS 305/14) (from Ch. 111, par. 1314)
2 Sec. 14. Display of license; Seal. Every holder of a
3 license as a licensed architect shall display it in a
4 conspicuous place in the principal office of the architect.
5 Every licensed architect shall have a reproducible seal,
6 or facsimile, the print of which shall contain the name of
7 the architect, the license number, and the words "Licensed
8 Architect, State of Illinois". The licensed architect shall
9 affix the signature, current date, date of license expiration
10 and seal to the first sheet of any bound set or loose sheets
11 of construction documents utilized as contract documents or
12 prepared for the review and approval of any governmental or
13 public authority having jurisdiction by that licensed
14 architect or under that licensed architect's direct
15 supervision and control. The sheet of construction documents
16 in which the seal is affixed shall indicate those documents
17 or parts thereof for which the seal shall apply. The seal and
18 dates may be electronically affixed. The signature must be
19 in the original handwriting of the licensee. Signatures
20 generated by computer shall not be permitted. All
21 construction documents issued by any corporation,
22 partnership, professional service corporation, or
23 professional design firm as licensed under this Act shall
24 contain the corporate or assumed business name and design
25 firm registration number, in addition to any other seal
26 requirements as set forth in this Section.
27 "Direct supervision and control" means that the architect
28 has exerted sufficient personal supervision, control, and
29 review of the activities of those employed to perform
30 architectural work to ensure that the construction documents
31 produced by those so employed and sealed by the architect
32 meet the standards of reasonable professional skill and
33 diligence and are of no lesser quality than if they had been
34 produced personally by the architect. The architect is
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1 obligated to have detailed professional knowledge of the
2 construction documents the architect seals and to have
3 exercised professional judgement in all architectural matters
4 embodied in those construction documents. Merely reviewing
5 the construction documents produced by others, even if they
6 are licensed, does not constitute "direct supervision and
7 control" by the architect unless the architect has actually
8 exercised the supervision and control over the preparation of
9 the construction documents provided for in this Section.
10 (Source: P.A. 86-702; 86-1028.)
11 (225 ILCS 305/16.5 new)
12 Sec. 16.5. Continuing education. The Department may
13 promulgate rules of continuing education for persons licensed
14 under this Act. The Department shall consider the
15 recommendations of the Board in establishing the guidelines
16 for the continuing education requirements. The requirements
17 of this Section apply to any person seeking renewal or
18 restoration under Section 16 or 17 of this Act.
19 (225 ILCS 305/19) (from Ch. 111, par. 1319)
20 Sec. 19. Fees.
21 (a) The Department shall provide by rule for a schedule
22 of fees to be paid for licenses by all applicants. All fees
23 are not refundable.
24 (b) The fees for the administration and enforcement of
25 this Act, including but not limited to original licensure,
26 renewal, and restoration, shall be set by rule by the
27 Department. The following fees are not refundable.
28 (a) Licensure fees.
29 (1) The fee for application for a license is $100.
30 (2) In addition, applicants for any examination are
31 required to pay, either to the Department or to the
32 designated testing service, a fee covering the cost of
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1 determining the applicant's eligibility and providing the
2 examination. Failure to appear for the examination on
3 the scheduled date, at the time and place specified,
4 after the applicant's application for examination has
5 been received and acknowledged by the Department or the
6 designated testing service, shall result in the
7 forfeiture of the examination fee.
8 (3) The fee for a license for an architect
9 registered or licensed under the laws of another state or
10 territory of the United States or province is $100.
11 (4) The fee for the renewal of a license shall be
12 $60.
13 (5) The fee for the restoration of a license other
14 than from inactive status is $10 plus payment of all
15 lapsed renewal fees.
16 (6) The fee for application for a license as an
17 architecture corporation or partnership is $75.
18 (7) The fee for renewal of a license or certificate
19 of registration as a professional design firm is $75.
20 (b) General fees.
21 (1) The fee for the issuance of a duplicate
22 license, for the issuance of a replacement license for a
23 license which has been lost or destroyed or for the
24 issuance of a license with a change of name or address
25 other than during the renewal period is $20. No fee is
26 required for name and address changes on Department
27 records when no duplicate license is issued.
28 (2) The fee for a certification of a licensee's
29 record for any purpose is $20.
30 (3) The fee for rescoring an examination is the
31 cost to the Department of rescoring the examination, plus
32 any fees charged by the applicable testing service to
33 have the examination rescored.
34 (4) The fee for a wall certificate showing
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1 licensure is the actual cost of producing such
2 certificate.
3 (5) The fee for a roster of licensed architects in
4 this State is the actual cost of producing such a roster.
5 All of the fees and fines collected pursuant to this
6 Section shall be deposited in the Design Professionals
7 Professional Administration and Investigation Fund. Of the
8 moneys deposited into the Design Professionals Administration
9 and Investigation Fund, the Department may use such funds as
10 necessary and available to produce and distribute newsletters
11 to persons licensed under this Act.
12 Any person who delivers a check or other payment to the
13 Department that is returned to the Department unpaid by the
14 financial institution upon which it is drawn shall pay to the
15 Department, in addition to the amount already owed to the
16 Department, a fine of $50. If the check or other payment was
17 for a renewal or issuance fee and that person practices
18 without paying the renewal fee or issuance fee and the fine
19 due, an additional fine of $100 shall be imposed. The fines
20 imposed by this Section are in addition to any other
21 discipline provided under this Act for unlicensed practice or
22 practice on a nonrenewed license. The Department shall notify
23 the person that payment of fees and fines shall be paid to
24 the Department by certified check or money order within 30
25 calendar days of the notification. If, after the expiration
26 of 30 days from the date of the notification, the person has
27 failed to submit the necessary remittance, the Department
28 shall automatically terminate the license or certificate or
29 deny the application, without hearing. If, after termination
30 or denial, the person seeks a license or certificate, he or
31 she shall apply to the Department for restoration or issuance
32 of the license or certificate and pay all fees and fines due
33 to the Department. The Department may establish a fee for the
34 processing of an application for restoration of a license or
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1 certificate to pay all expenses of processing this
2 application. The Director may waive the fines due under this
3 Section in individual cases where the Director finds that the
4 fines would be unreasonable or unnecessarily burdensome.
5 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
6 (225 ILCS 305/21) (from Ch. 111, par. 1321)
7 Sec. 21. Professional design firm registration;
8 conditions.
9 (a) Nothing in this Act shall prohibit the formation,
10 under the provisions of the Professional Service Corporation
11 Act, of a corporation to offer the practice of architecture.
12 Any business, including a not formed under the provisions
13 of the Professional Service Corporation, that Act and not
14 registered as such with the Department, and which includes
15 the practice of architecture within its stated purposes,
16 practices architecture, or holds itself out as available to
17 practice architecture, shall register with the Department
18 under this Section. Any professional service corporation,
19 sole proprietorship, or professional design firm offering
20 architectural services must have a resident architect
21 overseeing the architectural practices in each location in
22 which architectural services are provided.
23 Any sole proprietorship not owned and operated by an
24 Illinois licensed design professional licensed under this Act
25 shall be prohibited from offering architectural services to
26 the public. "Illinois licensed design professional" means a
27 person who holds an active license as an architect under this
28 Act, as a structural engineer under the Structural
29 Engineering Practice Licensing Act of 1989, or as a
30 professional engineer under the Professional Engineering
31 Practice Act of 1989. Any sole proprietorship owned and
32 operated by an architect with an active license issued under
33 this Act and conducting or transacting such business under an
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1 assumed name in accordance with the provisions of the Assumed
2 Business Name Act shall comply with the registration
3 requirements of a professional design firm. Any sole
4 proprietorship owned and operated by an architect with an
5 active license issued under this Act and conducting or
6 transacting such business under the real name of the sole
7 proprietor is exempt from the registration requirements of a
8 professional design firm.
9 (b) Any corporation, partnership, including a
10 Professional Service Corporation, or professional design firm
11 seeking to be registered under this Section shall not be
12 registered unless:
13 (1) two-thirds of the board of directors, in the
14 case of a corporation, or two-thirds of the general
15 partners, in the case of a partnership, or two-thirds of
16 the members, in the case of a limited liability company,
17 are licensed under the laws of any State to practice
18 architecture, professional engineering, or structural
19 engineering; and
20 (2) the person having the architectural practice in
21 this State in his charge is (A) a director in the case of
22 a corporation, a general partner in the case of a
23 partnership, or a member in the case of a limited
24 liability company, and (B) holds a license under this
25 Act.
26 Any corporation, limited liability company, professional
27 service corporation, or partnership qualifying under this
28 Section and practicing in this State shall file with the
29 Department any information concerning its officers,
30 directors, members, managers, partners or beneficial owners
31 as the Department may, by rule, require.
32 (c) No business shall offer the practice or hold itself
33 out as available to offer the practice of architecture until
34 it is registered with the Department.
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1 (d) Any business seeking to be registered under this
2 Section shall make application on a form provided by the
3 Department and shall provide any information requested by the
4 Department, which shall include but shall not be limited to
5 all of the following:
6 (1) The name and architect's license number of at
7 least one person designated as the managing agent in
8 responsible charge of the practice of architecture in
9 Illinois. In the case of a corporation, the corporation
10 shall also submit a certified copy of the resolution by
11 the board of directors designating at least one managing
12 agent. If a limited liability company, the company shall
13 submit a certified copy of either its articles of
14 organization or operating agreement designating the
15 managing agent.
16 (2) The names and architect's, professional
17 engineer's, or structural engineer's license numbers of
18 the directors, in the case of a corporation, the members,
19 in the case of a limited liability company, or general
20 partners, in the case of a partnership.
21 (3) A list of all locations at which the
22 professional design firm provides architectural services.
23 (4) A list of all assumed names of the business.
24 Nothing in this Section shall be construed to exempt a
25 business from compliance with the requirements of the
26 Assumed Business Name Act.
27 It is the responsibility of the professional design firm
28 to provide the Department notice, in writing, of any changes
29 in the information requested on the application.
30 (e) In the event a managing agent is terminated or
31 terminates his status as managing agent of the professional
32 design firm, the managing agent and professional design firm
33 shall notify the Department of this fact in writing, by
34 certified mail, within 10 business days of termination.
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1 Thereafter, the professional design firm, if it has so
2 informed the Department, has 30 days in which to notify the
3 Department of the name and architect's license number of the
4 architect who is the newly designated managing agent. If a
5 corporation, the corporation shall also submit a certified
6 copy of a resolution by the board of directors designating
7 the new managing agent. If a limited liability company, the
8 company shall also submit a certified copy of either its
9 articles of organization or operating agreement designating
10 the new managing agent. The Department may, upon good cause
11 shown, extend the original 30 day period.
12 If the professional design firm has not notified the
13 Department in writing, by certified mail within the specified
14 time, the registration shall be terminated without prior
15 hearing. Notification of termination shall be sent by
16 certified mail to the last known address of the business. If
17 the professional design firm continues to operate and offer
18 architectural services after the termination, the Department
19 may seek prosecution under Sections 22, 36, and 36a of this
20 Act for the unlicensed practice of architecture.
21 (f) No professional design firm shall be relieved of
22 responsibility for the conduct or acts of its agents,
23 employees, or officers by reason of its compliance with this
24 Section, nor shall any individual practicing architecture be
25 relieved of the responsibility for professional services
26 performed by reason of the individual's employment or
27 relationship with a professional design firm registered under
28 this Section.
29 (g) Disciplinary action against a professional design
30 firm registered under this Section shall be administered in
31 the same manner and on the same grounds as disciplinary
32 action against a licensed architect. All disciplinary action
33 taken or pending against a corporation or partnership before
34 the effective date of this amendatory Act of 1993 shall be
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1 continued or remain in effect without the Department filing
2 separate actions.
3 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
4 (225 ILCS 305/22) (from Ch. 111, par. 1322)
5 Sec. 22. Refusal, suspension and revocation of licenses;
6 Causes.
7 (a) The Department may, singularly or in combination,
8 refuse to issue, renew or restore, or may suspend or revoke
9 any license or registration, or may place on probation,
10 reprimand, or fine, with a civil penalty not to exceed
11 $10,000 for each violation, any person, corporation, or
12 partnership, or professional design firm licensed or
13 registered under this Act for any of the following reasons:
14 (1) material misstatement in furnishing information
15 to the Department;
16 (2) negligence, incompetence or misconduct in the
17 practice of architecture;
18 (3) failure to comply with any of the provisions of
19 this Act or any of the rules;
20 (4) making any misrepresentation for the purpose of
21 obtaining licensure;
22 (5) purposefully making false statements or signing
23 false statements, certificates or affidavits to induce
24 payment;
25 (6) conviction of any crime under the laws of the
26 United States, or any state or territory thereof, which
27 is a felony, whether related to the practice of
28 architecture or not; or conviction of any crime, whether
29 a felony, misdemeanor, or otherwise, an essential element
30 of which is dishonesty, wanton disregard for the rights
31 of others, or which is directly related to the practice
32 of architecture;
33 (7) aiding or assisting another person in violating
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1 any provision of this Act or its rules;
2 (8) signing, affixing the licensed architect's seal
3 or permitting the architect's seal to be affixed to any
4 construction documents not prepared by the architect or
5 under that architect's direct supervision and control;
6 (9) engaging in dishonorable, unethical or
7 unprofessional conduct of a character likely to deceive,
8 defraud or harm the public;
9 (10) habitual intoxication or addiction to the use
10 of drugs;
11 (11) making a statement of compliance pursuant to
12 the Environmental Barriers Act that construction
13 documents prepared by the Licensed Architect or prepared
14 under the licensed architect's direct supervision and
15 control for construction or alteration of an occupancy
16 required to be in compliance with the Environmental
17 Barriers Act are in compliance with the Environmental
18 Barriers Act when such construction documents are not in
19 compliance;
20 (12) a finding by the Board that an applicant or a
21 registrant has failed to pay a fine imposed by the
22 Department or a registrant, whose license has been placed
23 on probationary status, has violated the terms of
24 probation;
25 (13) discipline by another state, territory,
26 foreign country, the District of Columbia, the United
27 States government, or any other governmental agency, if
28 at least one of the grounds for discipline is the same or
29 substantially equivalent to those set forth herein;
30 (14) failure to provide information in response to
31 a written request made by the Department within 30 days
32 after the receipt of such written request;
33 (15) physical illness, including, but not limited
34 to, deterioration through the aging process or loss of
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1 motor skill which results in the inability to practice
2 the profession with reasonable judgment, skill or safety.
3 (a-5) In enforcing this Section, the Board upon a
4 showing of a possible violation may compel a person licensed
5 to practice under this Act, or who has applied for licensure
6 or certification pursuant to this Act, to submit to a mental
7 or physical examination, or both, as required by and at the
8 expense of the Department. The examining physicians shall be
9 those specifically designated by the Board. The Board or the
10 Department may order the examining physician to present
11 testimony concerning this mental or physical examination of
12 the licensee or applicant. No information shall be excluded
13 by reason of any common law or statutory privilege relating
14 to communications between the licensee or applicant and the
15 examining physician. The person to be examined may have, at
16 his or her own expense, another physician of his or her
17 choice present during all aspects of the examination.
18 Failure of any person to submit to a mental or physical
19 examination, when directed, shall be grounds for suspension
20 of a license until the person submits to the examination if
21 the Board finds, after notice and hearing, that the refusal
22 to submit to the examination was without reasonable cause.
23 If the Board finds a person unable to practice because of
24 the reasons set forth in this Section, the Board may require
25 that person to submit to care, counseling, or treatment by
26 physicians approved or designated by the Board as a
27 condition, term, or restriction for continued, reinstated, or
28 renewed licensure to practice; or, in lieu of care,
29 counseling, or treatment, the Board may recommend to the
30 Department to file a complaint to immediately suspend, revoke
31 or otherwise discipline the license of the person. Any
32 person whose license was granted, continued, reinstated,
33 renewed, disciplined, or supervised subject to such terms,
34 conditions, or restrictions and who fails to comply with such
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1 terms, conditions, or restrictions shall be referred to the
2 Director for a determination as to whether the person shall
3 have his or her license suspended immediately, pending a
4 hearing by the Board.
5 (b) The determination by a circuit court that a licensee
6 is subject to involuntary admission or judicial admission, as
7 provided in the Mental Health and Developmental Disabilities
8 Code, operates as an automatic suspension. Such suspension
9 will end only upon a finding by a court that the patient is
10 no longer subject to involuntary admission or judicial
11 admission, the issuance of an order so finding and
12 discharging the patient, and the recommendation of the Board
13 to the Director that the licensee be allowed to resume
14 practice.
15 The Department may refuse to issue or may suspend the
16 license of any person who fails to file a return, or to pay
17 the tax, penalty or interest shown in a filed return, or to
18 pay any final assessment of tax, penalty or interest, as
19 required by any tax Act administered by the Illinois
20 Department of Revenue, until such time as the requirements of
21 any such tax Act are satisfied.
22 Persons who assist the Department as consultants or
23 expert witnesses in the investigation or prosecution of
24 alleged violations of the Act, licensure matters, restoration
25 proceedings, or criminal prosecutions, shall not be liable
26 for damages in any civil action or proceeding as a result of
27 such assistance, except upon proof of actual malice. The
28 attorney general shall defend such persons in any such action
29 or proceeding.
30 (Source: P.A. 88-428.)
31 (225 ILCS 305/38) (from Ch. 111, par. 1338)
32 Sec. 38. Fund; appropriations; investments; audits.
33 Moneys deposited in the Design Professionals Administration
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1 and Investigation Fund shall be appropriated to the
2 Department exclusively for expenses of the Department and the
3 Board in the administration of this Act, the Illinois
4 Professional Land Surveyor Act of 1989, the Professional
5 Engineering Practice Act of 1989, and the Structural
6 Engineering Practice Licensing Act of 1989. The expenses of
7 the Department under this Act shall be limited to the
8 ordinary and contingent expenses of the Design Professionals
9 Dedicated Employees within the Department as established
10 under Section 62.1 of the Civil Administrative Code of
11 Illinois and other expenses related to the administration and
12 enforcement of this Act.
13 Moneys from the Fund may also be used for direct and
14 allocable indirect costs related to the public purposes of
15 the Department of Professional Regulation. Moneys in the
16 Fund may be transferred to the Professions Indirect Cost Fund
17 as authorized by Section 61e of the Civil Administrative Code
18 of Illinois.
19 All fines and penalties under Sections 22 and 36 shall be
20 deposited in the Design Professional Administration and
21 Investigation Fund.
22 Moneys in the Design Professional Administration and
23 Investigation Fund may be invested and reinvested, with all
24 earnings received from the investments to be deposited in the
25 Design Professionals Administration and Investigation Fund
26 and used for the same purposes as fees deposited in the Fund.
27 Upon the completion of any audit of the Department as
28 prescribed by the Illinois State Auditing Act that includes
29 an audit of the Design Professionals Administration and
30 Investigation Fund, the Department shall make the audit open
31 to inspection by any interested person. The copy of the
32 audit report required to be submitted to the Department by
33 this Section is an addition to copies of audit reports
34 required to be submitted to other State officers and agencies
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1 by Section 3-14 of the Illinois State Auditing Act.
2 (Source: P.A. 89-204, eff. 1-1-96.)
3 Section 35. The Interior Design Professional Title Act
4 is amended by changing Section 4 as follows:
5 (225 ILCS 310/4) (from Ch. 111, par. 8204)
6 Sec. 4. (a) No individual shall, without a valid
7 registration as an interior designer issued by the
8 Department, in any manner hold himself out to the public as
9 an interior designer or attach the title "interior designer"
10 or any other name or designation which would in any way imply
11 that he is able to use the title "interior designer" as
12 defined in this Act. No individual shall, without a valid
13 registration as a residential interior designer issued by the
14 Department, in any manner hold himself out to the public as a
15 residential interior designer, or use the title "residential
16 interior designer" or any name or designation that would in
17 any way imply that he is able to use the title "residential
18 interior designer" as defined in this Act.
19 (a-5) Nothing in this Act shall be construed as
20 preventing or restricting the services offered or advertised
21 by an interior designer who is registered under this Act.
22 (b) Nothing in this Act shall prevent the employment, by
23 an interior designer or residential interior designer,
24 association, partnership, or a corporation furnishing
25 interior design or residential interior design services for
26 remuneration, of persons not registered as interior designers
27 or residential interior designers to perform services in
28 various capacities as needed, provided that the persons do
29 not represent themselves as, or use the title of, "interior
30 designer", "registered interior designer", "residential
31 interior designer" or "registered residential interior
32 designer".
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1 (c) Nothing in this Act shall be construed to limit the
2 activities and use of the title "interior designer" or
3 "residential interior designer" on the part of a person not
4 registered under this Act who is a graduate of an interior
5 design program and a full-time employee of a duly chartered
6 institution of higher education insofar as such person
7 engages in public speaking, with or without remuneration,
8 provided that such person does not represent himself to be an
9 interior designer or use the title "registered interior
10 designer" or "registered residential interior designer".
11 (d) Nothing contained in this Act shall restrict any
12 person not registered under this Act from carrying out any of
13 the activities under paragraph (f) of Section (3) if such
14 person does not represent himself or his services in any
15 manner prohibited by this Act.
16 (e) Nothing in this Act shall be construed as preventing
17 or restricting the practice, services, or activities of any
18 person licensed in this State under any other law from
19 engaging in the profession or occupation for which he is
20 licensed.
21 (f) Nothing in this Act shall be construed as preventing
22 or restricting the practice, services, or activities of
23 engineers licensed under the Professional Engineering
24 Practice Act of 1989 or the Structural Engineering Practice
25 Licensing Act of 1989; architects licensed pursuant to the
26 Illinois Architectural Practice Act of 1989; any interior
27 decorator or individual offering interior decorating services
28 including, but not limited to, the selection of surface
29 materials, window treatments, wall coverings, furniture,
30 accessories, paint, floor coverings, and lighting fixtures;
31 or builders, home furnishings salespersons, and similar
32 purveyors of goods and services relating to homemaking.
33 (g) Nothing in this Act or any other Act shall prevent a
34 licensed architect from practicing interior design services
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1 or from using the title "interior designer" or "residential
2 interior designer". Nothing in this Act shall be construed
3 as requiring the services of an interior designer or
4 residential interior designer for the interior designing of a
5 single family residence.
6 (h) Nothing in this Act shall authorize interior
7 designers or residential interior designers to perform
8 services, including life safety services that they are
9 prohibited from performing, or any practice (i) that is
10 restricted in the Illinois Architecture Practice Act of 1989,
11 the Professional Engineering Practice Act of 1989, or the
12 Structural Engineering Practice Licensing Act of 1989, or
13 (ii) that they are not authorized to perform under the
14 Environmental Barriers Act.
15 (Source: P.A. 88-650, eff. 9-16-94.)
16 Section 40. The Illinois Plumbing License Law is amended
17 by changing Section 3 as follows:
18 (225 ILCS 320/3) (from Ch. 111, par. 1103)
19 Sec. 3. (1) All planning and designing of plumbing
20 systems and all plumbing shall be performed only by plumbers
21 licensed under the provisions of this Act hereinafter called
22 "licensed plumbers" and "licensed apprentice plumbers". The
23 inspection of plumbing and plumbing systems shall be done
24 only by the sponsor or his or her agent who shall be an
25 Illinois licensed plumber. Nothing herein contained shall
26 prohibit licensed plumbers or licensed apprentice plumbers
27 under supervision from planning, designing, inspecting,
28 installing, repairing, maintaining, altering or extending
29 building sewers in accordance with this Act. No person who
30 holds a license or certificate of registration under the
31 Illinois Architecture Practice Act of 1989, or the Structural
32 Engineering Practice Licensing Act of 1989, or the
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1 Professional Engineering Practice Act of 1989 shall be
2 prevented from planning and designing plumbing systems.
3 (2) Nothing herein contained shall prohibit the owner
4 occupant or lessee occupant of a single family residence, or
5 the owner of a single family residence under construction for
6 his or her occupancy, from planning, installing, altering or
7 repairing the plumbing system of such residence, provided
8 that (i) such plumbing shall comply with the minimum
9 standards for plumbing contained in the Illinois State
10 Plumbing Code, and shall be subject to inspection by the
11 Department or the local governmental unit if it retains a
12 licensed plumber as an inspector; and (ii) such owner, owner
13 occupant or lessee occupant shall not employ other than a
14 plumber licensed pursuant to this Act to assist him or her.
15 For purposes of this subsection, a person shall be
16 considered an "occupant" if and only if he or she has taken
17 possession of and is living in the premises as his or her
18 bona fide sole and exclusive residence, or, in the case of
19 an owner of a single family residence under construction for
20 his or her occupancy, he or she expects to take possession of
21 and live in the premises as his or her bona fide sole and
22 exclusive residence, and he or she has a current intention to
23 live in such premises as his or her bona fide sole and
24 exclusive residence for a period of not less than 6 months
25 after the completion of the plumbing work performed pursuant
26 to the authorization of this subsection, or, in the case of
27 an owner of a single family residence under construction for
28 his or her occupancy, for a period of not less than 6 months
29 after the completion of construction of the residence.
30 Failure to possess and live in the premises as a sole and
31 exclusive residence for a period of 6 months or more shall
32 create a rebuttable presumption of a lack of such intention.
33 (3) The employees of a firm, association, partnership or
34 corporation who engage in plumbing shall be licensed plumbers
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1 or licensed apprentice plumbers. At least one member of every
2 firm, association or partnership engaged in plumbing work,
3 and at least one corporate officer of every corporation
4 engaged in plumbing work, as the case may be, shall be a
5 licensed plumber. A retired plumber cannot fulfill the
6 requirements of this subsection (3).
7 (4) (a) A licensed apprentice plumber shall plan, design
8 and install plumbing only under the supervision of the
9 sponsor or his or her agent who is also an Illinois
10 licensed plumber.
11 (b) An applicant for licensing as an apprentice
12 plumber shall be at least 16 years of age and apply on
13 the application form provided by the Department. Such
14 application shall verify that the applicant is sponsored
15 by an Illinois licensed plumber or an approved
16 apprenticeship program and shall contain the name and
17 license number of the licensed plumber or program
18 sponsor.
19 (c) No licensed plumber shall sponsor more than 2
20 licensed apprentice plumbers at the same time. If 2
21 licensed apprentice plumbers are sponsored by a plumber
22 at the same time, one of the apprentices must have, at a
23 minimum, 2 years experience as a licensed apprentice. No
24 licensed plumber sponsor or his or her agent may
25 supervise 2 licensed apprentices with less than 2 years
26 experience at the same time. The sponsor or agent shall
27 supervise and be responsible for the plumbing performed
28 by a licensed apprentice.
29 (d) No agent shall supervise more than 2 licensed
30 apprentices at the same time.
31 (e) No licensed plumber may, in any capacity,
32 supervise more than 2 licensed apprentice plumbers at the
33 same time.
34 (f) No approved apprenticeship program may sponsor
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1 more licensed apprentices than 2 times the number of
2 licensed plumbers available to supervise those licensed
3 apprentices.
4 (g) No approved apprenticeship program may sponsor
5 more licensed apprentices with less than 2 years
6 experience than it has licensed plumbers available to
7 supervise those licensed apprentices.
8 (h) No individual shall work as an apprentice
9 plumber unless he or she is properly licensed under this
10 Act. The Department shall issue an apprentice plumber's
11 license to each approved applicant.
12 (i) No licensed apprentice plumber shall serve more
13 than a 6 year licensed apprenticeship period. If, upon
14 completion of a 6 year licensed apprenticeship period,
15 such licensed apprentice plumber does not apply for the
16 examination for a plumber's license and successfully pass
17 the examination for a plumber's license, his or her
18 apprentice plumber's license shall not be renewed.
19 Nothing contained in P.A. 83-878, entitled "An Act in
20 relation to professions", approved September 26, 1983, was
21 intended by the General Assembly nor should it be construed
22 to require the employees of a governmental unit or privately
23 owned municipal water supplier who operate, maintain or
24 repair a water or sewer plant facility which is owned or
25 operated by such governmental unit or privately owned
26 municipal water supplier to be licensed plumbers under this
27 Act. In addition, nothing contained in P.A. 83-878 was
28 intended by the General Assembly nor should it be construed
29 to permit persons other than licensed plumbers to perform the
30 installation, repair, maintenance or replacement of plumbing
31 fixtures, such as toilet facilities, floor drains, showers
32 and lavatories, and the piping attendant to those fixtures,
33 within such facility or in the construction of a new
34 facility.
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1 Nothing contained in P.A. 83-878, entitled "An Act in
2 relation to professions", approved September 26, 1983, was
3 intended by the General Assembly nor should it be construed
4 to require the employees of a governmental unit or privately
5 owned municipal water supplier who install, repair or
6 maintain water service lines from water mains in the street,
7 alley or curb line to private property lines and who install,
8 repair or maintain water meters to be licensed plumbers under
9 this Act if such work was customarily performed prior to the
10 effective date of such Act by employees of such governmental
11 unit or privately owned municipal water supplier who were not
12 licensed plumbers. Any such work which was customarily
13 performed prior to the effective date of such Act by persons
14 who were licensed plumbers or subcontracted to persons who
15 were licensed plumbers must continue to be performed by
16 persons who are licensed plumbers or subcontracted to persons
17 who are licensed plumbers. When necessary under this Act,
18 the Department shall make the determination whether or not
19 persons who are licensed plumbers customarily performed such
20 work.
21 (Source: P.A. 89-665, eff. 8-14-96.)
22 Section 45. The Professional Engineering Practice Act of
23 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 10,
24 12, 14, 15, 20, 23, 24, 44, and 47 and by adding Section 17.5
25 as follows:
26 (225 ILCS 325/3) (from Ch. 111, par. 5203)
27 Sec. 3. Application of the Act; Exemptions.
28 (a) Nothing in this Act shall be construed to prevent
29 the practice of structural engineering as defined in the
30 Structural Engineering Practice Licensing Act of 1989 or the
31 practice of architecture as defined in the Illinois
32 Architecture Practice Act of 1989 or the regular and
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1 customary practice of construction contracting and
2 construction management as performed by construction
3 contractors.
4 (b) Nothing in this Act shall prevent:
5 (1) Employees, including project representatives,
6 of professional engineers lawfully practicing as sole
7 owners, partnerships or corporations under this Act, from
8 acting under the direct supervision of their employers.
9 (2) The employment of owner's representatives by
10 the owner during the constructing, adding to, or altering
11 of a project, or any parts thereof, provided that such
12 owner's representative shall not have the authority to
13 deviate from the technical submissions without the prior
14 approval of the professional engineer for the project.
15 (3) The practice of officers and employees of the
16 Government of the United States while engaged within this
17 State in the practice of the profession of engineering
18 for the Government.
19 (4) Services performed by employees of a business
20 organization engaged in utility, industrial or
21 manufacturing operations, or by employees of laboratory
22 research affiliates of such business organization which
23 are rendered in connection with the fabrication or
24 production, sale, and installation of products, systems,
25 or nonengineering services of the business organization
26 or its affiliates. This exemption shall not extend to
27 the construction and to the rehabilitation or
28 reconstruction of infrastructure, plants, or other
29 physical facilities of the business organization on its
30 property or on public property or rights-of-way.
31 (5) Inspection, maintenance and service work done
32 by employees of the State of Illinois, any political
33 subdivision thereof or any municipality.
34 (6) The activities performed by those ordinarily
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1 designated as chief engineer of plant operation, chief
2 operating engineer, locomotive, stationary, marine, power
3 plant or hoisting and portable engineers, electrical
4 maintenance or service engineers, personnel employed in
5 connection with construction, operation or maintenance of
6 street lighting, traffic control signals, police and fire
7 alarm systems, waterworks, steam, electric, and sewage
8 treatment and disposal plants, or the services ordinarily
9 performed by any worker regularly employed as a
10 locomotive, stationary, marine, power plant, or hoisting
11 and portable engineer or electrical maintenance or
12 service engineer for any corporation, contractor or
13 employer.
14 (7) The activities performed by a person ordinarily
15 designated as a supervising engineer or supervising
16 electrical maintenance or service engineer who supervises
17 the operation of, or who operates, machinery or
18 equipment, or who supervises construction or the
19 installation of equipment within a plant which is under
20 such person's immediate supervision.
21 (8) The services, for private use, of contractors
22 or owners in the construction of engineering works or the
23 installation of equipment.
24 (c) No officer, board, commission, or other public
25 entity charged with the enforcement of codes and ordinances
26 involving a professional engineering project shall accept for
27 filing or approval any technical submissions that do not bear
28 the seal and signature of a professional engineer licensed
29 under this Act.
30 (d) Nothing contained in this Section imposes upon a
31 person licensed under this Act the responsibility for the
32 performance of any of the foregoing functions unless such
33 person specifically contracts to provide it.
34 (Source: P.A. 86-667; 86-1475.)
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1 (225 ILCS 325/4) (from Ch. 111, par. 5204)
2 Sec. 4. Definitions. As used in this Act:
3 (a) "Approved engineering curriculum" means an
4 engineering curriculum of 4 academic years or more which
5 meets the standards established by the rules of the
6 Department.
7 (b) "Board" means the State Board of Professional
8 Engineers of the Department of Professional Regulation,
9 previously known as the Examining Committee.
10 (c) "Department" means the Department of Professional
11 Regulation.
12 (d) "Design professional" means an architect, structural
13 engineer or professional engineer practicing in conformance
14 with the Illinois Architecture Practice Act of 1989, the
15 Structural Engineering Practice Licensing Act of 1989 or the
16 Professional Engineering Practice Act of 1989.
17 (e) "Director" means the Director of Professional
18 Regulation.
19 (f) "Direct supervision/responsible charge" means work
20 prepared under the control of a licensed professional
21 engineer or that work as to which that professional engineer
22 has detailed professional knowledge.
23 (g) "Engineering college" means a school, college,
24 university, department of a university or other educational
25 institution, reputable and in good standing in accordance
26 with rules prescribed by the Department, and which grants
27 baccalaureate degrees in engineering.
28 (h) "Engineering system or facility" means a system or
29 facility whose design is based upon the application of the
30 principles of science for the purpose of modification of
31 natural states of being.
32 (i) "Engineer intern" means a person who is a candidate
33 for licensure as a professional engineer and who has been
34 enrolled as an engineer intern.
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1 (j) "Enrollment" means an action by the Department to
2 record those individuals who have met the Board's
3 requirements for an engineer intern.
4 (k) "License" means an official document issued by the
5 Department to an individual, a corporation, or a partnership,
6 a professional service corporation, a limited liability
7 company, or a sole proprietorship, signifying authority to
8 practice.
9 (l) "Negligence in the practice of professional
10 engineering" means the failure to exercise that degree of
11 reasonable professional skill, judgment and diligence
12 normally rendered by professional engineers in the practice
13 of professional engineering.
14 (m) "Professional engineer" means a person licensed
15 under the laws of the State of Illinois to practice
16 professional engineering.
17 (n) "Professional engineering" means the application of
18 science to the design of engineering systems and facilities
19 using the knowledge, skills, ability and professional
20 judgment developed through professional engineering
21 education, training and experience.
22 (o) "Professional engineering practice" means the
23 consultation on, conception, investigation, evaluation,
24 planning, and design of, and selection of materials and
25 methods to be used in, administration of construction
26 contracts for, or site observation of an engineering system
27 or facility, where such consultation, conception,
28 investigation, evaluation, planning, design, selection,
29 administration, or observation requires extensive knowledge
30 of engineering laws, formulae, materials, practice, and
31 construction methods. A person shall be construed to
32 practice or offer to practice professional engineering,
33 within the meaning and intent of this Act, who practices, or
34 who, by verbal claim, sign, advertisement, letterhead, card,
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1 or any other way, is represented to be a professional
2 engineer, or through the use of the initials "P.E." or the
3 title "engineer" or any of its derivations or some other
4 title implies licensure as a professional engineer, or holds
5 himself out as able to perform any service which is
6 recognized as professional engineering practice.
7 Examples of the practice of professional engineering
8 include, but need not be limited to, transportation
9 facilities and publicly owned utilities for a region or
10 community, railroads, railways, highways, subways, canals,
11 harbors, river improvements; irrigation works; aircraft,
12 airports and landing fields; waterworks, piping systems and
13 appurtenances, sewers, sewage disposal works; plants for the
14 generation of power; devices for the utilization of power;
15 boilers; refrigeration plants, air conditioning systems and
16 plants; heating systems and plants; plants for the
17 transmission or distribution of power; electrical plants
18 which produce, transmit, distribute, or utilize electrical
19 energy; works for the extraction of minerals from the earth;
20 plants for the refining, alloying or treating of metals;
21 chemical works and industrial plants involving the use of
22 chemicals and chemical processes; plants for the production,
23 conversion, or utilization of nuclear, chemical, or radiant
24 energy; forensic engineering, geotechnical engineering
25 including, subsurface investigations; soil classification,
26 geology and geohydrology, incidental to the practice of
27 professional engineering; energy analysis, environmental
28 design, hazardous waste mitigation and control; recognition,
29 measurement, evaluation and control of environmental systems
30 and emissions; automated building management systems; or the
31 provision of professional engineering site observation of the
32 construction of works and engineering systems. Nothing
33 contained in this Section imposes upon a person licensed
34 under this Act the responsibility for the performance of any
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1 of the foregoing functions unless such person specifically
2 contracts to provide it.
3 (p) "Project representative" means the professional
4 engineer's representative at the project site who assists in
5 the administration of the construction contract.
6 (q) "Registered" means the same as "licensed" for
7 purposes of this Act.
8 (r) "Related science curriculum" means a 4 year program
9 of study, the satisfactory completion of which results in a
10 Bachelor of Science degree, and which contains courses from
11 such areas as life, earth, engineering and computer sciences,
12 including but not limited to, physics and chemistry. In the
13 study of these sciences, the objective is to acquire
14 fundamental knowledge about the nature of its phenomena,
15 including quantitative expression, appropriate to particular
16 fields of engineering.
17 (s) "Rules" means those rules promulgated pursuant to
18 this Act.
19 (t) "Seal" means the seal in compliance with Section 14
20 of this Act.
21 (u) "Site observation" is visitation of the construction
22 site for the purpose of reviewing, as available, the quality
23 and conformance of the work to the technical submissions as
24 they relate to design.
25 (v) "Support design professional" means a professional
26 engineer practicing in conformance with the Professional
27 Engineering Practice Act of 1989, who provides services to
28 the design professional who has contract responsibility.
29 (w) "Technical submissions" means designs, drawings, and
30 specifications which establish the standard of quality for
31 materials, workmanship, equipment, and the construction
32 systems, studies, and other technical reports prepared in the
33 course of a design professional's practice.
34 (Source: P.A. 88-372.)
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1 (225 ILCS 325/5) (from Ch. 111, par. 5205)
2 Sec. 5. Powers and duties of the Department. Subject to
3 the provisions of this Act, the Department shall exercise the
4 following functions, powers and duties:
5 (a) To pass upon the qualifications and conduct
6 examinations of applicants for licensure as professional
7 engineers or enrollment as engineer interns and pass upon the
8 qualifications of applicants by endorsement and issue a
9 license or enrollment to those who are found to be fit and
10 qualified;
11 (b) To prescribe rules for the method, conduct and
12 grading of the examination of applicants;
13 (c) To license corporations, and partnerships,
14 professional service corporations, limited liability
15 companies, and sole proprietorships for the practice of
16 professional engineering and issue a license to those who
17 qualify;
18 (d) To conduct investigations and hearings regarding
19 violations of this Act and take disciplinary or other actions
20 as provided in this Act as a result of the proceedings;
21 (e) To prescribe rules as to what shall constitute an
22 engineering or related science curriculum and to determine if
23 a specific engineering curriculum is in compliance with the
24 rules, and to terminate the approval of a specific
25 engineering curriculum for non-compliance with such rules;
26 (f) To promulgate rules required for the administration
27 of this Act, including rules of professional conduct;
28 (g) To maintain membership in the National Council of
29 Examiners for Engineering and Surveying and participate in
30 activities of the Council by designation of individuals for
31 the various classifications of membership, the appointment of
32 delegates for attendance at zone and national meetings of the
33 Council, and the funding of the delegates for attendance at
34 the meetings of the Council; and
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1 (h) To obtain written recommendations from the Board
2 regarding qualifications of individuals for licensure and
3 enrollment, definitions of curriculum content and approval of
4 engineering curricula, standards of professional conduct and
5 formal disciplinary actions, and the promulgation of the
6 rules affecting these matters.
7 Prior to issuance of any final decision or order that
8 deviates from any report or recommendations of the Board
9 relating to the qualification of applicants, discipline of
10 licensees or registrants, or promulgation of rules, the
11 Director shall notify the Board in writing with an
12 explanation of any such deviation and provide a reasonable
13 time for the Board to submit written comments to the Director
14 regarding the proposed action. In the event that the Board
15 fails or declines to submit such written comments within 30
16 days of said notification, the Director may issue a final
17 decision or orders consistent with the Director's original
18 decision. The Department may at any time seek the expert
19 advice and knowledge of the Board on any matter relating to
20 the enforcement of this Act.
21 None of the functions, powers or duties enumerated in
22 this Section shall be exercised by the Department except upon
23 the action and report in writing of the Board.
24 (Source: P.A. 89-61, eff. 6-30-95.)
25 (225 ILCS 325/6) (from Ch. 111, par. 5206)
26 Sec. 6. Composition, qualifications and terms of the
27 Board. (a) The Board shall be appointed by the Director and
28 shall consist of 10 members, one of whom shall be a public
29 member and 9 of whom shall be professional engineers licensed
30 under this Act. In addition each member who is a
31 professional engineer shall:
32 (1) be a citizen of the United States, and
33 (2) be a resident of this State.
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1 (b) In addition, each member who is a professional
2 engineer shall:
3 (1) have not less than 12 years of experience in the
4 practice of professional engineering, and shall hold an
5 active license as a professional engineer in Illinois;
6 (2) have been in charge of professional engineering work
7 for at least 5 years. For the purposes of this Section, any
8 period in which a person has been in charge of teaching
9 engineering in an engineering college with the rank of
10 assistant professor or higher shall be considered as time in
11 which such person was in charge of professional engineering
12 work.
13 The terms for all members shall be for 5 years. On the
14 expiration of the term of any member or in the event of a
15 vacancy, the Director shall appoint a member who shall hold
16 office until the expiration of the term for which the member
17 is appointed and until a successor has been appointed and
18 qualified.
19 No member shall be reappointed to the Board for a term
20 which would cause that individual's continuous service on the
21 Board to be longer than 15 successive years.
22 In implementing the 5 year terms, the Director shall vary
23 the terms to enable the Board to have no more than 2 terms
24 expire in any one year.
25 The public member shall not be an employee of the State
26 of Illinois. The public member shall be an Illinois resident
27 and a citizen of the United States.
28 In making appointments to the Board, the Director shall
29 give due consideration to recommendations by members of the
30 profession and by organizations therein.
31 The Director may remove any member of the Board for
32 misconduct, incompetence, neglect of duty or for reasons
33 prescribed by law for removal of State officials.
34 The Director may remove a member of the Board who does
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1 not attend 2 consecutive meetings. An appointment to fill a
2 vacancy thus created shall be to fill the unexpired term of
3 office and shall be in accordance with this Section.
4 A quorum of the Board shall consist of not less than 6
5 members. a majority of Board members appointed. Majority
6 vote of the quorum is required for Board decisions.
7 Each member of the Board shall receive compensation when
8 attending Board meetings or meetings approved by the Director
9 and shall be reimbursed for all actual traveling expenses.
10 Members of the Board shall be immune from suit in any
11 action based upon any disciplinary proceedings or other
12 activities performed in good faith as members of the Board.
13 Persons holding office as members of the Board
14 immediately prior to the effective date of this Act under the
15 Act repealed herein shall continue as members of the Board
16 until the expiration of the term for which they were
17 appointed and until their successors are appointed and
18 qualified.
19 (Source: P.A. 86-667.)
20 (225 ILCS 325/7) (from Ch. 111, par. 5207)
21 Sec. 7. Powers and duties of the Board. Subject to the
22 provisions of this Act, the Board shall exercise the
23 following functions, powers and duties:
24 (a) Review education and experience qualifications
25 of applicants, including conducting oral interviews as
26 deemed necessary by the Board, to determine eligibility
27 as an engineer intern or professional engineer and submit
28 to the Director written recommendations on applicant
29 qualifications for enrollment and licensure;
30 (b) The Board may appoint a subcommittee to serve
31 as a Complaint Committee to recommend the disposition of
32 case files according to procedures established by rule;
33 (c) Conduct hearings regarding disciplinary actions
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1 and submit a written report and recommendations to the
2 Director as required by this Act and to provide a Board
3 member at informal conferences;
4 (d) Make visits to universities or colleges to
5 evaluate engineering curricula or to otherwise evaluate
6 engineering curricula and submit to the Director a
7 written recommendation of acceptability of a curriculum;
8 (e) Submit a written recommendation to the Director
9 concerning promulgation of rules as required in Section 5
10 and to recommend to the Director any rules or amendments
11 thereto for the administration of this Act;
12 (f) Hold at least 3 regular meetings each year; and
13 (g) Elect annually a chairperson and a
14 vice-chairperson who shall be professional engineers;
15 and.
16 (h) Submit written comments to the Director within
17 30 days from notification of any final decision or order
18 from the Director that deviates from any report or
19 recommendation of the Board relating to the qualification
20 of applicants, discipline of licensees or registrants, or
21 promulgation of rules.
22 Prior to issuance of any final decision or order which
23 deviates from any report or recommendation of the Board
24 relating to the qualification of applicants, discipline of
25 licensees or registrants, or promulgation of rules, the
26 Director shall notify the Board and the Secretary of State in
27 writing with an explanation of any such deviation and provide
28 a reasonable time for the Board to submit written comments to
29 the Director regarding the proposed action. In the event
30 that the Board fails or declines to submit such written
31 comments within 30 days of said notification, the Director
32 may issue a final decision or order consistent with the
33 Director's original decision. The Department may at any time
34 seek the expert advice and knowledge of the Board on any
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1 matter relating to the enforcement of this Act.
2 (Source: P.A. 88-428.)
3 (225 ILCS 325/8) (from Ch. 111, par. 5208)
4 Sec. 8. Applications for licensure. (a) Applications
5 for licensure shall (1) be on forms prescribed and furnished
6 by the Department, (2) contain statements made under oath
7 showing the applicant's education and a detailed summary of
8 the applicant's technical work, and (3) contain references as
9 required by the Department.
10 (b) Applicants shall have obtained the education and
11 experience as required in Section 10 or Section 11 prior to
12 submittal of application for examination, except as provided
13 in subsection (b) of Section 11. Allowable experience shall
14 commence at the date of the baccalaureate degree, except:
15 (1) Credit for one year of experience shall be given for
16 a graduate of a baccalaureate curriculum providing a
17 cooperative program, which is supervised industrial or field
18 experience of at least one academic calendar year which
19 alternates with periods of full-time academic training, when
20 such program is certified by the university, or
21 (2) Credit shall be given for professional engineering
22 experience as defined by rule for employment prior to receipt
23 of a baccalaureate degree if the employment is full-time
24 while the applicant takes 8 or more years (16 semesters or 24
25 quarters minimum) as a part-time student to earn the degree
26 concurrent with the employment.
27 The Board may conduct oral interviews of any applicant
28 under Sections 10, 11 or 19 to assist in the evaluation of
29 the qualifications of the applicant.
30 It is the responsibility of the applicant to supplement
31 the application, when requested by the Board, by provision of
32 additional documentation of education, including transcripts,
33 course content and credentials of the engineering college or
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1 college granting related science degrees, or of work
2 experience to permit the Board to determine the
3 qualifications of the applicant. The Department may require
4 an applicant, at the applicant's expense, to have an
5 evaluation of the applicant's education in a foreign country
6 by a nationally recognized educational body approved by the
7 Board in accordance with rules prescribed by the Department.
8 An applicant who graduated from an engineering program
9 outside the United States or its territories and whose first
10 language is not English shall submit certification of passage
11 of the Test of English as a Foreign Language (TOEFL) and the
12 Test of Spoken English (TSE) as defined by rule before taking
13 the licensure examination.
14 (Source: P.A. 89-61, eff. 6-30-95.)
15 (225 ILCS 325/10) (from Ch. 111, par. 5210)
16 Sec. 10. Minimum standards for examination for licensure
17 as professional engineer. To qualify for licensure as a
18 professional engineer each applicant shall be:
19 (a) A graduate of an approved engineering curriculum of
20 at least 4 years who submits acceptable evidence to the Board
21 of an additional 4 years or more of experience in engineering
22 work of a grade and character which indicate that the
23 individual may be competent to practice professional
24 engineering, and who then passes a nominal 8-hour written
25 examination in the fundamentals of engineering, and a nominal
26 8-hour written examination in the principles and practice of
27 engineering. Upon passing both examinations, the applicant,
28 if otherwise qualified, shall be granted a license to
29 practice professional engineering in this State; or
30 (b) A graduate of a non-approved engineering curriculum
31 or a related science curriculum of at least 4 years and
32 meeting the requirements as set forth by rule, who submits
33 acceptable evidence to the Board of an additional 8 years or
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1 more of experience in engineering work of a grade and
2 character which indicate that the individual may be competent
3 to practice professional engineering, and who then passes a
4 nominal 8-hour written examination in the fundamentals of
5 engineering and a nominal 8-hour written examination in the
6 principles and practice of engineering. Upon passing both
7 examinations, the applicant, if otherwise qualified, shall be
8 granted a license to practice professional engineering in
9 this State; or
10 (c) An engineer intern who meets the education and
11 experience qualifications of subsection (a) or (b) of this
12 Section and has passed the nominal 8-hour written examination
13 in the fundamentals of engineering, by application and
14 payment of the required fee, may then take the nominal 8-hour
15 written examination in the principles and practice of
16 engineering. Upon passing that examination, the applicant,
17 if otherwise qualified, shall be granted a license to
18 practice professional engineering in this State.
19 (d) When considering an applicant's qualifications for
20 licensure under this Act, the Department may take into
21 consideration whether an applicant has engaged in conduct or
22 actions that would constitute a violation of the Standards of
23 Professional Conduct for this Act as provided for by
24 administrative rules.
25 (Source: P.A. 89-61, eff. 6-30-95.)
26 (225 ILCS 325/12) (from Ch. 111, par. 5212)
27 Sec. 12. Educational credits or teaching as equivalent
28 of experience. (a) After earning an acceptable baccalaureate
29 degree as required by subsection (a) or (b) of Section 10
30 in engineering or related science and upon completion of a
31 Master's degree in engineering, the applicant may receive one
32 year of experience credit. Upon completion of a Ph.D. in
33 engineering, an applicant may receive an additional year
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1 experience credit for a maximum of 2 years.
2 (b) Teaching engineering subjects in an engineering
3 college is considered experience in engineering.
4 (c) (Blank). For an individual applying for licensure as
5 a professional engineer under subsection (a) or (b) of
6 Section 10, the examination for the fundamentals of
7 engineering shall be waived, if application is made before
8 January 1, 1994, for those individuals who have:
9 (1) a doctoral degree from an approved graduate
10 engineering program, and
11 (2) demonstrated, in accordance with standards set by
12 rule, a broad knowledge of the fundamentals of engineering,
13 by course work gained either in a baccalaureate, masters, or
14 doctoral program.
15 (Source: P.A. 86-667.)
16 (225 ILCS 325/14) (from Ch. 111, par. 5214)
17 Sec. 14. Seal. Every professional engineer shall have a
18 seal or stamp, the impression of which shall be reproducible
19 and contain the name of the professional engineer, the
20 professional engineer's license number, and the words
21 "Licensed Registered Professional Engineer of Illinois". Any
22 seal or stamp heretofore authorized under the laws of this
23 state for use by a professional engineer, including those
24 with the words "Registered Professional Engineer of
25 Illinois", shall serve the same purpose as the seal provided
26 for by this Act. When technical submissions are prepared
27 utilizing a computer or other electronic means, the seal may
28 be generated by the computer. Signatures generated by
29 computer shall not be permitted.
30 The professional engineer who has contract responsibility
31 shall seal a cover sheet of the technical submissions, and
32 those individual portions of the technical submissions for
33 which the professional engineer is legally and professionally
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1 responsible. The professional engineer practicing as the
2 support design professional shall seal those individual
3 portions of technical submissions for which the professional
4 engineer is legally and professionally responsible.
5 The use of a professional engineer's seal on technical
6 submissions constitutes a representation by the professional
7 engineer that the work has been prepared by or under the
8 personal supervision of the professional engineer or
9 developed in conjunction with the use of accepted engineering
10 standards. The use of the seal further represents that the
11 work has been prepared and administered in accordance with
12 the standards of reasonable professional skill and diligence.
13 It is unlawful to affix one's seal to technical
14 submissions if it masks the true identity of the person who
15 actually exercised direction, control and supervision of the
16 preparation of such work. A professional engineer who seals
17 and signs technical submissions is not responsible for damage
18 caused by subsequent changes to or uses of those technical
19 submissions, where the subsequent changes or uses, including
20 changes or uses made by State or local governmental agencies,
21 are not authorized or approved by the professional engineer
22 who originally sealed and signed the technical submissions.
23 (Source: P.A. 88-372.)
24 (225 ILCS 325/15) (from Ch. 111, par. 5215)
25 Sec. 15. Technical submissions. All technical
26 submissions prepared by or under the personal supervision of
27 a professional engineer shall bear that professional
28 engineer's seal, signature, and license expiration date. The
29 licensee's written signature and date of signing, along with
30 the date of license expiration, shall be placed adjacent to
31 the seal. Computer generated signatures are not permitted.
32 All technical submissions intended for use in
33 construction in the State of Illinois shall be prepared and
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1 administered in accordance with standards of reasonable
2 professional skill and diligence. Care shall be taken to
3 reflect the requirements of State statutes and, where
4 applicable, county and municipal ordinances in such
5 documents. In recognition that professional engineers are
6 licensed for the protection of the public health, safety and
7 welfare, documents shall be of such quality and scope, and be
8 so administered as to conform to professional standards.
9 (Source: P.A. 89-61, eff. 6-30-95.)
10 (225 ILCS 325/17.5 new)
11 Sec. 17.5. Continuing education. The Department may
12 promulgate rules of continuing education for persons licensed
13 under this Act. The Department shall consider the
14 recommendations of the Board in establishing the guidelines
15 for the continuing education requirements. The requirements
16 of this Section apply to any person seeking renewal or
17 restoration under Section 17 or 18 of this Act.
18 (225 ILCS 325/20) (from Ch. 111, par. 5220)
19 Sec. 20. Fees.
20 (a) The Department shall provide by rule for a schedule
21 of fees be paid for licenses by all applicants. All fees are
22 not refundable.
23 (b) The fees for the administration and enforcement of
24 this Act, including but not limited to original licensure,
25 renewal, and restoration, shall be set by rule by the
26 Department. The following fees are not refundable:
27 (a) Certificate of engineer intern.
28 (1) The fee for application for a certificate of
29 enrollment is $20.
30 (2) In addition, applicants for any examination
31 shall be required to pay, either to the Department or to
32 the designated testing service, a fee covering the cost
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1 of providing the examination. Failure to appear for the
2 examination on the scheduled date, at the time and place
3 specified, after the applicant's application for each
4 examination has been received and acknowledged by the
5 Department or the designated testing service, shall
6 result in the forfeiture of the examination fee.
7 (b) Certificate of professional engineer.
8 (1) The fee for application for a license by
9 examination is $100.
10 (2) In addition, applicants for any examination
11 shall be required to pay, either to the Department or to
12 the designated testing service, a fee covering the cost
13 of providing the examination. Failure to appear for the
14 examination on the scheduled date, at the time and place
15 specified, after the applicant's application for each
16 examination has been received and acknowledged by the
17 Department or the designated testing service, shall
18 result in the forfeiture of the examination fee.
19 (3) The fee for application for a license by
20 endorsement for a professional engineer registered or
21 licensed under the laws of another state or territory of
22 the United States or of a foreign country or province is
23 $100.
24 (4) The biennial fee for the renewal of a license
25 shall be $60.
26 (5) The fee for application for the restoration of
27 a license other than from inactive status is $10 plus
28 payment of all lapsed renewal fees.
29 (c) Professional design firm registration fees.
30 (1) The fee for application for a certificate of
31 registration as a professional design firm is $75.
32 (2) The biennial fee for renewal of a certificate
33 of registration as a professional design firm shall be
34 $75.
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1 (d) General fees.
2 (1) The fee for the issuance of a duplicate
3 license, for the issuance of a replacement license for a
4 license which has been lost or destroyed or for the
5 issuance of a license with a change of name or address
6 other than during the renewal period is $20. No fee is
7 required for name and address changes on Department
8 records when no duplicate license is issued.
9 (2) The fee for a certification of a registrant's
10 record for any purpose is $20.
11 (3) The fee for retabulating the numerical score of
12 an examination is the cost to the Department of
13 retabulating the examination, plus any fees charged by
14 the applicable testing service to have the examination
15 retabulated.
16 (4) The fee for a wall certificate showing
17 licensure is the actual cost of producing such a
18 certificate.
19 (5) The fee for a roster of persons licensed as
20 professional engineers and of professional design firms
21 in this State is the actual cost of producing such a
22 roster.
23 (e) Any person who delivers a check or other payment to
24 the Department that is returned to the Department unpaid by
25 the financial institution upon which it is drawn shall pay to
26 the Department, in addition to the amount already owed to the
27 Department, a fine of $50. If the check or other payment was
28 for a renewal or issuance fee and that person practices
29 without paying the renewal fee or issuance fee and the fine
30 due, an additional fine of $100 shall be imposed. The fines
31 imposed by this Section are in addition to any other
32 discipline provided under this Act for unlicensed practice or
33 practice on a nonrenewed license. The Department shall
34 notify the person that payment of fees and fines shall be
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1 paid to the Department by certified check or money order
2 within 30 calendar days of the notification. If, after the
3 expiration of 30 days from the date of the notification, the
4 person has failed to submit the necessary remittance, the
5 Department shall automatically terminate the license or
6 certificate or deny the application, without hearing. If,
7 after termination or denial, the person seeks a license or
8 certificate, he or she shall apply to the Department for
9 restoration or issuance of the license or certificate and pay
10 all fees and fines due to the Department. The Department may
11 establish a fee for the processing of an application for
12 restoration of a license or certificate to pay all expenses
13 of processing this application. The Director may waive the
14 fines due under this Section in individual cases where the
15 Director finds that the fines would be unreasonable or
16 unnecessarily burdensome.
17 (c)(f) Disposition of fees and fines collected. All the
18 fees and fines collected pursuant to this Section shall be
19 deposited in the Design Professionals Administration and
20 Investigation Fund. Of the moneys deposited into the Design
21 Professionals Administration and Investigation Fund, the
22 Department may use such funds as necessary and available to
23 produce and distribute newsletters to persons licensed under
24 this Act.
25 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
26 eff. 6-30-95; 89-235, eff. 8-4-95.)
27 (225 ILCS 325/23) (from Ch. 111, par. 5223)
28 Sec. 23. Professional design firm registration.
29 (a) Nothing in this Act shall prohibit the formation,
30 under the provisions of the Professional Service Corporation
31 Act, as amended, of a corporation to practice professional
32 engineering.
33 Any business, including a Professional Service
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1 Corporation, that not formed under the provisions of the
2 Professional Service Corporation Act and not registered as
3 such with the Department, and which includes within its
4 stated purposes or practices, or holds itself out as
5 available to practice, professional engineering, shall be
6 registered with the Department pursuant to the provisions set
7 forth in this Section.
8 Any sole proprietorship not owned and operated by an
9 Illinois licensed design professional licensed under this Act
10 shall be prohibited from offering professional engineering
11 services to the public. Any sole proprietorship owned and
12 operated by a professional engineer with an active license
13 issued under this Act and conducting or transacting such
14 business under an assumed name in accordance with the
15 provisions of the Assumed Business Name Act shall comply with
16 the registration requirements of a professional design firm.
17 Any sole proprietorship owned and operated by a professional
18 engineer with an active license issued under this Act and
19 conducting or transacting such business under the real name
20 of the sole proprietor is exempt from the registration
21 requirements of a professional design firm. "Illinois
22 licensed design professional" means a person who holds an
23 active license as a professional engineer under this Act, as
24 an architect under the Illinois Architecture Practice Act of
25 1989, or as a structural engineer under the Structural
26 Engineering Practice Licensing Act of 1989.
27 (b) Any professional design firm seeking to be
28 registered pursuant to the provisions of this Section shall
29 not be registered unless one or more managing agents in
30 charge of professional engineering activities in this State
31 are designated by the professional design firm. Each
32 managing agent must at all times maintain a valid, active
33 license to practice professional engineering in Illinois.
34 No individual whose license to practice professional
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1 engineering in this State is currently in a suspended or
2 revoked status shall act as a managing agent for a
3 professional design firm.
4 (c) Any business seeking to be registered under this
5 Section shall make application on a form provided by the
6 Department and shall provide such information as requested by
7 the Department, which shall include, but not be limited to:
8 (1) the name and license number of the person
9 designated as the managing agent in responsible charge of
10 the practice of professional engineering in Illinois. In
11 the case of a corporation, the corporation shall also
12 submit a certified copy of the resolution by the board of
13 directors designating the managing agent. In the case of
14 a limited liability company, the company shall submit a
15 certified copy of either its articles of organization or
16 operating agreement designating the managing agent;
17 (2) the names and license numbers of the directors,
18 in the case of a corporation, the members, in the case of
19 a limited liability company, or general partners, in the
20 case of a partnership;
21 (3) a list of all office locations at which the
22 professional design firm provides professional
23 engineering services to the public; and
24 (4) a list of all assumed names of the business.
25 Nothing in this Section shall be construed to exempt a
26 professional design firm, sole proprietorship, or
27 professional service corporation from compliance with the
28 requirements of the Assumed Business Name Act.
29 It is the responsibility of the professional design firm
30 to provide the Department notice, in writing, of any changes
31 in the information requested on the application.
32 (d) The Department shall issue to each business a
33 certificate of registration to practice professional
34 engineering or offer the services of its licensees in this
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1 State upon submittal of a proper application for registration
2 and payment of fees. The expiration date and renewal period
3 for each registration and renewal procedures shall be
4 established by rule.
5 (e) In the event a managing agent is terminated or
6 terminates his status as managing agent of the professional
7 design firm, the managing agent and professional design firm
8 shall notify the Department of this fact in writing, by
9 certified mail, within 10 business days of such termination.
10 Thereafter, the professional design firm, if it has so
11 informed the Department, shall have 30 days in which to
12 notify the Department of the name and license number of a
13 newly designated managing agent. If a corporation, the
14 corporation shall also submit a certified copy of a
15 resolution by the board of directors designating the new
16 managing agent. If a limited liability company, the company
17 shall also submit a certified copy of either its articles of
18 organization or operating agreement designating the new
19 managing agent. The Department may, upon good cause shown,
20 extend the original 30 day period.
21 If the professional design firm has not notified the
22 Department in writing, by certified mail within the specified
23 time, the registration shall be terminated without prior
24 hearing. Notification of termination shall be sent by
25 certified mail to the last known address of the business. If
26 the professional design firm continues to operate and offer
27 professional engineering services after the termination, the
28 Department may seek prosecution under Sections 24, 39, and 40
29 of this Act for the unlicensed practice of professional
30 engineering.
31 (f) No professional design firm shall be relieved of
32 responsibility for the conduct or acts of its agent,
33 employees, members, managers, or officers by reason of its
34 compliance with this Section, nor shall any individual
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1 practicing professional engineering be relieved of the
2 responsibility for professional services performed by reason
3 of the individual's employment or relationship with a
4 professional design firm registered under this Section.
5 (g) Disciplinary action against a professional design
6 firm registered under this Section shall be administered in
7 the same manner and on the same grounds as disciplinary
8 action against a licensed professional engineer. All
9 disciplinary action taken or pending against a corporation or
10 partnership before the effective date of this amendatory Act
11 of 1993 shall be continued or remain in effect without the
12 Department filing separate actions.
13 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
14 (225 ILCS 325/24) (from Ch. 111, par. 5224)
15 Sec. 24. Rules of professional conduct; Disciplinary
16 action.
17 (a) The Department shall adopt rules setting standards
18 of professional conduct and establish appropriate penalty for
19 the breach of such rules. The Department may, singularly or
20 in combination, refuse to issue, restore, or renew a license
21 or registration, revoke or suspend a license or registration,
22 or place on probation, reprimand, or impose a civil penalty
23 not to exceed $10,000 upon any person, corporation,
24 partnership, or professional design firm licensed or
25 registered under this Act for any one or combination of the
26 following:
27 (1) Material misstatement in furnishing information
28 to the Department.
29 (2) Failure to comply with any provisions of this
30 Act or any of its rules.
31 (3) Conviction of any crime under the laws of the
32 United States, or any state or territory thereof, which
33 is a felony, whether related to practice or not, or
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1 conviction of any crime, whether a felony, misdemeanor,
2 or otherwise, an essential element of which is dishonesty
3 or which is directly related to the practice of
4 engineering.
5 (4) Making any misrepresentation for the purpose of
6 obtaining licensure, or in applying for restoration or
7 renewal; or practice of any fraud or deceit in taking any
8 examination to qualify for licensure under this Act.
9 (5) Purposefully making false statements or signing
10 false statements, certificates, or affidavits to induce
11 payment.
12 (6) Negligence, incompetence or misconduct in the
13 practice of professional engineering as a licensed
14 professional engineer or in working as an engineer
15 intern.
16 (7) Aiding or assisting another person in violating
17 any provision of this Act or its rules.
18 (8) Failing to provide information in response to a
19 written request made by the Department within 30 days
20 after receipt of such written request.
21 (9) Engaging in dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud or harm the public.
24 (10) Habitual intoxication or addiction to the use
25 of drugs.
26 (11) Discipline by the United States Government,
27 another state, District of Columbia, territory, foreign
28 nation or government agency, if at least one of the
29 grounds for the discipline is the same or substantially
30 equivalent to those set forth in this Act.
31 (12) Directly or indirectly giving to or receiving
32 from any person, firm, corporation, partnership or
33 association any fee, commission, rebate or other form of
34 compensation for any professional services not actually
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1 or personally rendered.
2 (13) A finding by the Board that an applicant or a
3 registrant has failed to pay a fine imposed by the
4 Department, a registrant whose license has been placed on
5 probationary status has violated the terms of probation,
6 or a registrant has practiced on an expired, inactive,
7 suspended, or revoked license.
8 (14) Signing, affixing the professional engineer's
9 seal or permitting the professional engineer's seal to be
10 affixed to any technical submissions not prepared as
11 required by Section 14 or completely reviewed by the
12 professional engineer or under the professional
13 engineer's direct supervision.
14 (15) Physical illness, including but not limited to
15 deterioration through the aging process or loss of motor
16 skill, which results in the inability to practice the
17 profession with reasonable judgment, skill or safety.
18 (16) The making of a statement pursuant to the
19 Environmental Barriers Act that a plan for construction
20 or alteration of a public facility or for construction of
21 a multi-story housing unit is in compliance with the
22 Environmental Barriers Act when such plan is not in
23 compliance.
24 (17) Failing to file a return, or to pay the tax,
25 penalty or interest shown in a filed return, or to pay
26 any final assessment of tax, penalty or interest as
27 required by a tax Act administered by the Illinois
28 Department of Revenue, until such time as the
29 requirements of any such tax Act are satisfied.
30 (a-5) In enforcing this Section, the Board upon a
31 showing of a possible violation may compel a person licensed
32 to practice under this Act, or who has applied for licensure
33 or certification pursuant to this Act, to submit to a mental
34 or physical examination, or both, as required by and at the
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1 expense of the Department. The examining physicians shall be
2 those specifically designated by the Board. The Board or the
3 Department may order the examining physician to present
4 testimony concerning this mental or physical examination of
5 the licensee or applicant. No information shall be excluded
6 by reason of any common law or statutory privilege relating
7 to communications between the licensee or applicant and the
8 examining physician. The person to be examined may have, at
9 his or her own expense, another physician of his or her
10 choice present during all aspects of the examination.
11 Failure of any person to submit to a mental or physical
12 examination, when directed, shall be grounds for suspension
13 of a license until the person submits to the examination if
14 the Board finds, after notice and hearing, that the refusal
15 to submit to the examination was without reasonable cause.
16 If the Board finds a person unable to practice because of
17 the reasons set forth in this Section, the Board may require
18 that person to submit to care, counseling, or treatment by
19 physicians approved or designated by the Board as a
20 condition, term, or restriction for continued, reinstated, or
21 renewed licensure to practice; or, in lieu of care,
22 counseling, or treatment, the Board may recommend to the
23 Department to file a complaint to immediately suspend,
24 revoke, or otherwise discipline the license of the person.
25 Any person whose license was granted, continued, reinstated,
26 renewed, disciplined, or supervised subject to such terms,
27 conditions, or restrictions and who fails to comply with such
28 terms, conditions, or restrictions shall be referred to the
29 Director for a determination as to whether the person shall
30 have his or her license suspended immediately, pending a
31 hearing by the Board.
32 (b) The determination by a circuit court that a
33 registrant is subject to involuntary admission or judicial
34 admission as provided in the Mental Health and Developmental
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1 Disabilities Code, as now or hereafter amended, operates as
2 an automatic suspension. Such suspension will end only upon
3 a finding by a court that the patient is no longer subject to
4 involuntary admission or judicial admission, the issuance of
5 an order so finding and discharging the patient, and the
6 recommendation of the Board to the Director that the
7 registrant be allowed to resume practice.
8 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
9 eff. 6-30-95.)
10 (225 ILCS 325/44) (from Ch. 111, par. 5244)
11 Sec. 44. Fund; appropriations; investments; audits.
12 Moneys deposited in the Design Professionals Administration
13 and Investigation Fund shall be appropriated to the
14 Department exclusively for expenses of the Department and the
15 Board in the administration of this Act, the Illinois
16 Professional Land Surveyor Act of 1989, the Illinois
17 Architecture Practice Act, and the Structural Engineering
18 Practice Licensing Act of 1989. The expenses of the
19 Department under this Act shall be limited to the ordinary
20 and contingent expenses of the Design Professionals Dedicated
21 Employees within the Department as established under Section
22 62.1 of the Civil Administrative Code of Illinois and other
23 expenses related to the administration and enforcement of
24 this Act.
25 Moneys from the Fund may also be used for direct and
26 allocable indirect costs related to the public purposes of
27 the Department of Professional Regulation. Moneys in the
28 Fund may be transferred to the Professions Indirect Cost Fund
29 as authorized by Section 61e of the Civil Administrative Code
30 of Illinois.
31 Moneys in the Design Professionals Administration and
32 Investigation Fund may be invested and reinvested with all
33 earnings received from the investments to be deposited in the
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1 Design Professionals Administration and Investigation Fund
2 and used for the same purposes as fees deposited in the Fund.
3 All fines and penalties under Section 24, and Section 39,
4 Section 42, and Section 43 shall be deposited in the Design
5 Professionals Administration and Investigation Fund.
6 Upon the completion of any audit of the Department as
7 prescribed by the Illinois State Auditing Act that audit
8 includes an audit of the Design Professionals Administration
9 and Investigation Fund, the Department shall make the audit
10 report open to inspection by any interested person. The copy
11 of the audit report required to be submitted to the
12 Department by this Section is in addition to copies of audit
13 reports required to be submitted to other State officers and
14 agencies by Section 3-14 of the Illinois State Auditing Act.
15 (Source: P.A. 89-204, eff. 1-1-96.)
16 (225 ILCS 325/47) (from Ch. 111, par. 5247)
17 Sec. 47. Practice of structural engineering or
18 architecture. No professional engineer shall practice either
19 structural engineering as defined in the Structural
20 Engineering Practice Licensing Act of 1989 or architecture as
21 defined in the Illinois Architecture Practice Act of 1989
22 unless he is licensed pursuant to the provisions of either
23 the Structural Engineering Licensing Act of 1989 or the
24 Illinois Architecture Practice Act, respectively.
25 (Source: P.A. 86-667; 86-1475.)
26 Section 50. The Illinois Professional Land Surveyor Act
27 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
28 13, 14, 15, 21, 25, 27, and 48 and adding Section 18.5 as
29 follows:
30 (225 ILCS 330/4) (from Ch. 111, par. 3254)
31 Sec. 4. Definitions. As used in this Act:
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1 (a) "Department" means the Department of Professional
2 Regulation.
3 (b) "Director" means the Director of Professional
4 Regulation.
5 (c) "Board" means the Land Surveyors Licensing Examining
6 Board.
7 (d) "Direct supervision and control" means the personal
8 review by a Licensed Professional Land Surveyor of each
9 survey, including, but not limited to, procurement, research,
10 field work, calculations, preparation of legal descriptions
11 and plats. The personal review shall be of such a nature as
12 to assure the client that the Professional Land Surveyor or
13 the firm for which the Professional Land Surveyor is employed
14 is the provider of the surveying services.
15 (e) "Responsible charge" means an individual responsible
16 for the various components of the land survey operations
17 subject to the overall supervision and control of the
18 Professional Land Surveyor.
19 (f) "Design professional" means a land surveyor,
20 architect, structural engineer, or professional engineer
21 practicing in conformance with this Act, the Illinois
22 Architecture Practice Act of 1989, the Structural Engineering
23 Practice Licensing Act of 1989, or the Professional
24 Engineering Practice Act of 1989.
25 (g) "Professional Land Surveyor" means any person
26 licensed under the laws of the State of Illinois to practice
27 land surveying, as defined by this Act or its rules.
28 (h) "Land Surveyor-in-Training" means any person
29 licensed under the laws of the State of Illinois who has
30 qualified for, taken, and passed an examination in the
31 fundamental land surveyor-in-training subjects as provided by
32 this Act or its rules.
33 (i) "Land surveying experience" means those activities
34 enumerated in Section 5 of this Act, which, when exercised in
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1 combination, to the satisfaction of the Board, is proof of an
2 applicant's broad range of training in and exposure to the
3 prevailing practice of land surveying.
4 (Source: P.A. 86-987; 86-1475.)
5 (225 ILCS 330/6) (from Ch. 111, par. 3256)
6 Sec. 6. Powers and duties of the Department. (a) The
7 Department shall exercise the powers and duties prescribed by
8 The Illinois Administrative Procedure Act for the
9 administration of licensing Acts. The Department shall also
10 exercise, subject to the provisions of this Act, the
11 following powers and duties:
12 (1) Conduct or authorize examinations to ascertain the
13 fitness and qualifications of applicants for licensure and
14 issue licenses to those who are found to be fit and
15 qualified.
16 (2) Prescribe rules for a method of examination.
17 (3) Conduct hearings on proceedings to revoke, suspend,
18 or refuse to issue, renew, or restore a license, or other
19 disciplinary actions.
20 (4) Promulgate rules and regulations required for the
21 administration of this Act.
22 (5) License corporations and partnerships for the
23 practice of professional surveying and issue a license to
24 those who qualify.
25 (6) Prescribe, adopt, and amend rules as to what shall
26 constitute a surveying or related science curriculum,
27 determine if a specific surveying curriculum is in compliance
28 with the rules, and terminate the approval of a specific
29 surveying curriculum for non-compliance with such rules.
30 (7) Maintain membership in the National Council of
31 Engineering Examiners and participate in activities of the
32 Council by designating individuals for the various
33 classifications of membership and appoint delegates for
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1 attendance at zone and national meetings of the Council.
2 (8) Obtain written recommendations from the Board
3 regarding qualification of individuals for licensing,
4 definition of curriculum content and approval of surveying
5 curriculums, standards of professional conduct and
6 disciplinary actions, promulgate and amend the rules
7 affecting these matters, and consult with the Board on other
8 matters affecting administration of the Act.
9 (a-5) The Department may promulgate rules for a Code of
10 Ethics and Standards of Practice to be followed by persons
11 licensed under this Act. The Department shall consider the
12 recommendations of the Board in establishing the Code of
13 Ethics and Standards of Practice.
14 (b) The Department shall consult with the Board in
15 promulgating rules. Notice of proposed rulemaking shall be
16 transmitted to the Board and the Department shall review the
17 Board's response and recommendations.
18 (c) The Department shall review the Board's
19 recommendation of the applicants' qualifications. The
20 Director shall notify the Board in writing with an
21 explanation of any deviation from the Board's recommendation.
22 After review of the Director's written explanation of his
23 reasons for deviation, the Board shall have the opportunity
24 to comment upon the Director's decision.
25 Whenever the Director is not satisfied that substantial
26 justice has been done in the revocation or suspension of a
27 license, or other disciplinary action the Director may order
28 re-hearing by the same or other boards.
29 None of the functions, powers or duties enumerated in
30 this Section shall be exercised by the Department except upon
31 the action and report in writing of the Board.
32 (Source: P.A. 86-987.)
33 (225 ILCS 330/7) (from Ch. 111, par. 3257)
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1 Sec. 7. Creation of the Board; Composition and
2 qualifications and terms of the Board. The Board shall be
3 appointed by the Director and shall consist of 7 members, one
4 of whom shall be a public member and 6 of whom shall be
5 Professional Land Surveyors. The members shall be residents
6 of Illinois. Each Professional Land Surveyor member shall
7 (a) currently hold a valid Professional Land Surveyor license
8 in Illinois and shall have held the license under this Act or
9 its predecessor for the previous 10 year period, and (b) have
10 not been disciplined within the last 10 year period under
11 this Act or its predecessor. The public member shall not be
12 an employee of the State of Illinois or of the federal
13 government, and shall not be licensed under this Act or any
14 other Act the Department administers.
15 Members shall be appointed who reasonably represent the
16 different geographic areas of Illinois and shall serve for 5
17 year terms, and until their successors are qualified and
18 appointed. The term of the initial appointments shall be as
19 follows: the public member shall be appointed to serve for 3
20 years, 2 land surveyor members shall be appointed to serve
21 for 2 years, 2 land surveyor members shall be appointed to
22 serve for 4 years, and 2 land surveyor members shall be
23 appointed to serve for 5 years, and until their successors
24 are qualified and appointed. A member shall not be eligible
25 for appointment to more than 2 consecutive 5 year terms.
26 Appointments to fill vacancies shall be made in the same
27 manner as original appointments, for the unexpired portion of
28 the term. Initial terms shall begin on the effective date of
29 this Act. Board members currently appointed under this The
30 Illinois Land Surveyors Act and in office on the effective
31 date of this Act shall continue to hold office until their
32 terms expire and they are replaced initial appointees under
33 this Act are qualified and appointed. All appointments shall
34 be made on the basis of individual professional
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1 qualifications with the exception of the public member and
2 shall not be based upon race, sex, or religious or political
3 affiliations.
4 Each member of the Board shall receive compensation when
5 attending to the work of the Board or any of its committees
6 and for time spent in necessary travel. In addition, members
7 shall be reimbursed for actual traveling, incidentals and
8 expenses necessarily incurred in carrying out their duties as
9 members of the Board.
10 The Director shall consider the advice and
11 recommendations of the Board on issues involving standards of
12 professional conduct, discipline and qualifications of the
13 candidates and licensees under this Act.
14 The Director shall make the Board appointments within 90
15 days of any vacancy. The Professional Land Surveyor members
16 shall be selected from a current list of candidates updated
17 by June 1 of each year, as submitted by members of the land
18 surveying profession and by affiliated organizations.
19 Members of the Board shall be immune from suit in any
20 action based upon any disciplinary proceedings or other
21 activities performed in good faith as members of the Board.
22 The Director may remove any member of the Board for
23 misconduct, incompetence, neglect of duty, or for any reason
24 prescribed by law for removal of State Officials or for not
25 attending 2 consecutive Board meetings.
26 (Source: P.A. 86-987.)
27 (225 ILCS 330/8) (from Ch. 111, par. 3258)
28 Sec. 8. Powers and duties of the Board; quorum. Subject
29 to the provisions of this Act, the Board shall exercise the
30 following functions, powers, and duties:
31 (a) Review education and experience qualifications of
32 applicants to determine eligibility as a Professional Land
33 Surveyor or Land Surveyor-in-Training and submit to the
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1 Director written recommendations on applicant qualifications
2 for licensing;
3 (b) Conduct hearings regarding disciplinary actions and
4 submit a written report to the Director as required by this
5 Act and provide a Board member at informal conferences;
6 (c) Visit universities or colleges to evaluate surveying
7 curricula and submit to the Director a written recommendation
8 of acceptability of the curriculum;
9 (d) Submit a written recommendation to the Director
10 concerning promulgation or amendment of rules for the
11 administration of this Act;
12 (e) The Department may at any time seek the expert
13 advice and knowledge of the Board on any matter relating to
14 the enforcement of this Act;
15 (f) The Board may appoint a subcommittee to serve as a
16 Complaint Committee to recommend the disposition of case
17 files according to procedures established by rule;
18 (g) Hold at least 3 regular meetings each year; and
19 (h) The Board shall annually elect a Chairperson and a
20 Vice Chairperson chairman who shall be licensed an Illinois
21 Professional Land Surveyors Surveyor.
22 A quorum of the Board shall consist of a majority of
23 Board members appointed.
24 (Source: P.A. 88-428.)
25 (225 ILCS 330/10) (from Ch. 111, par. 3260)
26 Sec. 10. Application for original license. Every person
27 who desires to obtain a license shall apply to the Department
28 in writing, upon forms prepared and furnished by the
29 Department. Each application shall contain statements made
30 under oath, showing the applicant's education, a detailed
31 summary of his land surveying experience, and at least one
32 reference who is a Professional Land Surveyor having personal
33 knowledge of the applicant's land surveying experience and
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1 who shall certify the applicant's experience to the
2 satisfaction of the Board, and the application shall be
3 accompanied with the required fee. The Department may require
4 an applicant, at the applicant's expense, to have an
5 evaluation of the applicant's education in a foreign country
6 by a nationally recognized educational body approved by the
7 Board in accordance with rules prescribed by the Department.
8 An applicant who graduated from a land surveying program
9 outside the United States or its territories and whose first
10 language is not English shall submit certification of passage
11 of the Test of English as a Foreign Language (TOEFL) and the
12 Test of Spoken English (TSE) as defined by rule before taking
13 the licensure examination.
14 (Source: P.A. 89-594, eff. 8-1-96.)
15 (225 ILCS 330/12) (from Ch. 111, par. 3262)
16 Sec. 12. Qualifications for licensing.
17 (a) A person is qualified to receive a license as a
18 Professional Land Surveyor and the Department shall issue a
19 license to a person:
20 (1) who has applied in writing in the required form
21 and substance to the Department;
22 (2) (blank);
23 (3) who is of good moral character;
24 (4) who has acquired a an Illinois license as a
25 Land Surveyor-in-Training;
26 (5) who has at least 4 years of responsible charge
27 experience, subsequent to licensure as a Land
28 Surveyor-in-Training, verified by a Professional Land
29 Surveyor who has direct supervision of the applicant and
30 can certify to the experience and knowledge of the
31 applicant in responsible charge of land surveying
32 operations under the direct supervision and control of an
33 Illinois Professional Land Surveyor; and
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1 (6) who has passed an examination authorized by the
2 Department to determine his fitness to receive a license
3 as a Professional Land Surveyor.
4 (b) A person is qualified to receive a license as a Land
5 Surveyor-in-Training and the Department shall issue a license
6 to a person:
7 (1) who has applied in writing in the required form
8 and substance to the Department;
9 (2) (blank);
10 (3) who is of good moral character;
11 (4) who has the required education and experience
12 in the practice of land surveying as set forth in this
13 Act; and
14 (5) who has passed an examination authorized by the
15 Department to determine his or her fitness to receive a
16 license as a Land Surveyor-in-Training in accordance with
17 this Act.
18 In determining moral character under this Section, the
19 Department may take into consideration whether the applicant
20 has engaged in conduct or actions that would constitute
21 grounds for discipline under this Act any felony conviction
22 or any violation of this Act by the applicant, but such a
23 conviction shall not operate as an absolute bar to licensing.
24 (Source: P.A. 89-387, eff. 8-20-95.)
25 (225 ILCS 330/13) (from Ch. 111, par. 3263)
26 Sec. 13. Qualifications for examination for Licensed
27 Land Surveyor-in-Training. (a) Applicants for the
28 examination for Land Surveyor-in-Training shall have:
29 (1) a baccalaureate degree in Land Surveying from an
30 accredited college or university;, or a baccalaureate degree
31 in a related science including at least 24 semester hours of
32 land surveying courses from a Board approved curriculum of an
33 accredited institution;
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1 (2) a baccalaureate degree in a related science
2 including at least 24 semester hours of land surveying
3 courses from a Board approved curriculum of an accredited
4 institution. a baccalaureate degree in a related science as
5 approved by the Board, from an accredited college or
6 university and 2 years land surveying experience;
7 (3) an associate degree in Land Surveying Technology
8 from an accredited junior college and 3 years land surveying
9 experience;
10 (4) an associate degree in engineering technology from
11 an accredited junior college and 4 years land surveying
12 experience; or
13 (5) a high school diploma or its equivalent and 8 years
14 land surveying experience.
15 Beginning January 1, 1998, an applicant must have a
16 baccalaureate degree in land surveying from an accredited
17 college or university, or a baccalaureate degree in a related
18 science including at least 24 semester hours of land
19 surveying courses from a Board approved curriculum of an
20 accredited institution, to be eligible for licensing as a
21 Land Surveyor-in-Training.
22 (Source: P.A. 86-987.)
23 (225 ILCS 330/14) (from Ch. 111, par. 3264)
24 Sec. 14. License to be displayed. Every holder of a
25 license as a Professional Land Surveyor or Land
26 Surveyor-in-Training shall display it in a conspicuous
27 location place in his or her principal office, place of
28 business, or place of employment, or any other offices or
29 places of business or employment where the Professional Land
30 Surveyor or Land Surveyor-in-Training regularly practices.
31 (Source: P.A. 86-987.)
32 (225 ILCS 330/15) (from Ch. 111, par. 3265)
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1 Sec. 15. Seal. Every Professional Land Surveyor shall
2 have a reproducible reproducable seal or facsimile, which may
3 be computer generated, the impression of which shall contain
4 the name of the land surveyor, his place of business, the
5 license number of the Professional Land Surveyor, and the
6 words "Professional Land Surveyor, State of Illinois". A
7 Professional Land Surveyor shall seal or stamp all documents
8 prepared by or under the direct supervision and control of
9 the Professional Land Surveyor. Any seal authorized or
10 approved by the Department under the Illinois Land Surveyors
11 Act shall serve the same purpose as the seal provided for by
12 this Act. Signatures generated by computer shall not be
13 permitted.
14 (Source: P.A. 86-987; revised 7-7-97.)
15 (225 ILCS 330/18.5 new)
16 Sec. 18.5. Continuing education. The Department may
17 promulgate rules of continuing education for persons licensed
18 under this Act. The Department shall consider the
19 recommendations of the Board in establishing the guidelines
20 for the continuing education requirements. The requirements
21 of this Section apply to any person seeking renewal or
22 restoration under Section 18 or 19 of this Act.
23 (225 ILCS 330/21) (from Ch. 111, par. 3271)
24 Sec. 21. Fees. The following fees are not refundable:
25 (a) The Department shall provide by rule for a schedule
26 of fees to be paid for licenses by all applicants. All fees
27 are not refundable The fee for application for a license as a
28 Land Surveyor-in-Training is $70.
29 (b) The fees for the administration and enforcement of
30 the Act, including by not limited to original licensure,
31 renewal, and restoration, shall be set by rule by the
32 Department The fee for application for a license as a
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1 Professional Land Surveyor is $150.
2 (c) All fees and fines collected shall be deposited in
3 the Design Professionals Administration and Investigation
4 Fund. Of the moneys deposited into the Design Professionals
5 Administration and Investigation Fund, the Department may use
6 such funds as necessary to produce and distribute newsletters
7 to persons licensed under this Act The fee for a license for
8 a Professional Land Surveyor registered or licensed under the
9 laws of another state or territory of the United States or of
10 a foreign country or province is $150.
11 (d) The fee for the renewal of a license shall be $60.
12 (e) The fee for the restoration of a license other than
13 from inactive status is $10 plus payment of all lapsed
14 renewal fees, the total fee not to exceed $110.
15 (f) The fee for a certificate of registration as a
16 Professional Land Surveyor Firm is $75.
17 (g) The fee for the renewal of a certificate of
18 registration as a professional land surveying firm shall be
19 $60.
20 (h) The fee for the issuance of a replacement license,
21 for a license which has been lost or destroyed, or for the
22 issuance of a license with a change of name or address other
23 than during the renewal period is $20. No fee is required
24 for name and address changes on Department records when no
25 duplicate license is issued.
26 (i) The fee for a certification of a licensee's record
27 for any purpose is $20.
28 (j) The fee for an examination to determine preliminary
29 education is $20.
30 (k) The fee for rescoring an examination is the cost to
31 the Department of rescoring the examination, plus any fees
32 charged by the applicable testing service to have the
33 examination rescored.
34 (l) The fee for a wall certificate showing licensure is
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1 the actual cost of producing such certificate.
2 (m) The fee for a roster of persons licensed as Land
3 Surveyor-in-Training or Professional Land Surveyor in this
4 State is the actual cost of producing such a roster.
5 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
6 (225 ILCS 330/25) (from Ch. 111, par. 3275)
7 Sec. 25. Professional design land surveying firm
8 registration.
9 (a) Nothing in this Act shall prohibit the formation,
10 under the provisions of the Professional Service Corporation
11 Act, of a corporation to offer the practice of professional
12 land surveying.
13 Any business, including a Professional Service
14 Corporation, that includes within its stated purposes or
15 practices, or holds itself out as available to practice,
16 professional land surveying shall be registered with the
17 Department pursuant to the provisions set forth in this
18 Section.
19 Any sole proprietorship not owned and operated by an
20 Illinois licensed design professional licensed under this Act
21 shall be prohibited from offering professional land surveyor
22 services to the public. Any sole proprietorship owned and
23 operated by a professional land surveyor with an active
24 license issued under this Act and conducting or transacting
25 such business under an assumed name in accordance with the
26 provisions of the Assumed Business Name Act shall comply with
27 the registration requirements of a professional design firm.
28 Any sole proprietorship owned and operated by a Professional
29 Land Surveyor with an active license issued under this Act
30 and conducting or transacting such business under the real
31 name of the sole proprietor is exempt from the registration
32 requirements of a professional design firm. "Illinois
33 licensed design professional" means a person who holds an
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1 active license as a professional engineer under the
2 Professional Engineering Practice Act of 1989, as an
3 architect under the Illinois Architecture Practice Act of
4 1989, as a structural engineer under the Structural
5 Engineering Practice Act of 1989, or as a Professional Land
6 Surveyor under this Act.
7 (b) Any professional design firm seeking to be
8 registered pursuant to the provisions of this Section shall
9 not be registered unless one or more managing agents in
10 charge of land surveyor activities in this State are
11 designated by the professional design firm. Each managing
12 agent must at all times maintain a valid, active license to
13 practice professional land surveying in Illinois.
14 No individual whose license to practice professional land
15 surveying in this State is currently in a suspended or
16 revoked state shall act as a managing agent for a
17 professional design firm.
18 (c) Any business seeking to be registered under this
19 Section shall make application on a form provided by the
20 Department and shall provide such information as requested by
21 the Department, which shall include, but not be limited to:
22 (1) the name and license number of the person
23 designated as the managing agent in responsible charge of
24 the practice of professional land surveying in Illinois.
25 In the case of a corporation, the corporation shall also
26 submit a certified copy of the resolution by the board of
27 directors designating the managing agent. In the case of
28 a limited liability company, the company shall submit a
29 certified copy of either its articles or organization or
30 operating agreement designating the managing agent;
31 (2) the names and license numbers of the directors,
32 in the case of a corporation, the members, in the case of
33 a limited liability company, or general partners, in the
34 case of a partnership;
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1 (3) a list of all office locations at which the
2 professional design firm provides professional land
3 surveying services to the public; and
4 (4) a list of all assumed names of the business.
5 Nothing in this Section shall be construed to exempt a
6 professional design firm, sole proprietorship, or
7 professional service corporation from compliance with the
8 requirements of the Assumed Business Name Act.
9 It is the responsibility of the professional design firm
10 to provide the Department notice, in writing, of any changes
11 in the information requested on the application.
12 (d) The Department shall issue to each business a
13 certificate of registration to practice professional land
14 surveying or offer the services of its licensees in this
15 State upon submittal of a proper application for registration
16 and payment of fees. The expiration date and renewal period
17 for each registration and renewal procedures shall be
18 established by rule.
19 (e) In the event a managing agent is terminated or
20 terminates his status as managing agent of the professional
21 design firm, the managing agent and a professional design
22 firm shall notify the Department of this fact in writing, by
23 certified mail, within 10 business days of such termination.
24 Thereafter, the professional design firm, if it has so
25 informed the Department, shall have 30 days in which to
26 notify the Department of the name and licensure number of a
27 newly designated managing agent. If a corporation, the
28 corporation shall also submit a certified copy of a
29 resolution by the board of directors designating the new
30 managing agent. If a limited liability company, the company
31 shall also submit a certified copy of either its articles of
32 organization or operating agreement designating the new
33 managing agent. The Department may, upon good cause shown,
34 extend the original 30 day period.
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1 If the professional design firm has not notified the
2 Department in writing, by certified mail within the specified
3 time, the registration shall be terminated without prior
4 hearing. Notification of termination shall be sent by
5 certified mail to the last known address of the business. If
6 the professional design firm continues to operate and offer
7 professional land surveyor services after the termination,
8 the Department may seek prosecution under Sections 27, 43,
9 and 46 of this Act for the unlicensed practice of
10 professional land surveying.
11 No professional design firm shall be relieved of
12 responsibility for the conduct or acts of its agent,
13 employees, members, managers, or officers by reason of its
14 compliance with this Section, nor shall any individual
15 practicing professional land surveying be relieved of the
16 responsibility for professional services performed by reason
17 of the individual's employment or relationship with a
18 professional design firm registered under this Section.
19 (g) Disciplinary action against a professional design
20 firm registered under this Section shall be administered in
21 the same manner and on the same grounds as disciplinary
22 action against a licensed professional land surveyor. All
23 disciplinary action taken or pending against a corporation or
24 partnership before the effective date of this amendatory Act
25 of 1999 shall be continued or remain in effect without the
26 Department filing separate actions. Upon payment of the
27 required fee the Department shall issue, upon the approval of
28 the Board, without examination, a certificate of registration
29 as a professional land surveying firm to offer the services
30 of its licensed Illinois professional land surveyors to any
31 corporation, partnership, or limited liability company which
32 applies for one in writing if:
33 (1) In a case of a corporation a majority of its
34 officers and board of directors are licensed as
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1 professional land surveyors in Illinois.
2 (2) In the case of a limited liability company, a
3 majority of its members are licensed professional land
4 surveyors in Illinois.
5 (3) In the case of a partnership, all members of
6 the partnership are licensed professional land surveyors
7 in Illinois.
8 (b) All surveying by the professional land surveying
9 firm must be done under the direct supervision and control of
10 an officer of a managing agent who holds a license as a
11 professional land surveyor. The managing agent must be
12 designated on the professional land surveying firm
13 application. The managing agent must be:
14 (1) an officer of the corporation;
15 (2) a member of the limited liability company; or
16 (3) a member of the partnership.
17 When a managing agent is terminated or terminates his or
18 her status, the managing agent shall notify the Department in
19 writing by certified mail within 10 business days of the
20 termination. Thereafter, the professional land surveying firm
21 shall, within 30 days, notify the Department of the name and
22 professional land surveyor's license number of the newly
23 designated managing agent. The Department may, upon good
24 cause, extend the 30 day period. If the professional land
25 surveying firm fails to notify the Department in writing by
26 certified mail within the specified time, the registration
27 shall be terminated without prior hearing. Notification of
28 termination shall be sent by certified mail to the last known
29 address of the business. If the professional land surveying
30 firm continues to operate and offer land surveying services
31 after the termination, the Department may seek prosecution
32 under Sections 27, 43, and 43a of this Act for the unlicensed
33 practice of land surveying.
34 (h) (c) Any professional services corporation, sole
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1 proprietorship, or professional design land surveying firm
2 offering land surveying services must have a resident land
3 surveyor overseeing the land surveying practices in each
4 location in which land surveying services are provided.
5 (d) Any sole proprietorship not owned and operated by an
6 Illinois professional land surveyor shall be prohibited from
7 offering land surveying services to the public. Any sole
8 proprietorship owned and operated by a land surveyor with an
9 active license issued under this Act and conducting or
10 transacting such business under an assumed name in accordance
11 with the provisions of the Assumed Business Name Act shall
12 comply with the registration requirements of a professional
13 land surveying firm. Any sole proprietorship owned and
14 operated by a professional land surveyor with an active
15 license issued under this Act and conducting or transacting
16 such business under the real name of the sole proprietor is
17 exempt from the registration requirements of a professional
18 land surveying firm.
19 (e) Disciplinary action against a professional land
20 surveying firm registered under this Section shall be
21 administered in the same manner and on the same grounds as
22 disciplinary action against a licensed land surveyor. All
23 disciplinary action taken or pending against a corporation or
24 partnership before the effective date of this amendatory Act
25 of 1993 shall be continued or remain in effect without the
26 Department filing separate actions.
27 (f) A professional land surveying firm shall provide
28 notice in writing to the Department of any change in the
29 information requested upon an application.
30 (g) Nothing in this Section shall be construed to exempt
31 a business from compliance with the requirements of the
32 Assumed Business Name Act.
33 (h) Nothing in this Act shall restrict licensees from
34 forming professional service corporations under the
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1 provisions of the Professional Service Corporation Act, as
2 now or hereafter amended, and having these corporations
3 licensed for the practice of land surveying.
4 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
5 (225 ILCS 330/27) (from Ch. 111, par. 3277)
6 Sec. 27. Grounds for disciplinary action.
7 (a) The Department may, singularly or in combination,
8 refuse to issue, restore, or renew, or may revoke or suspend
9 a license or registration, or may place on probation,
10 censure, reprimand or impose a civil penalty not to exceed
11 $10,000, upon any person, corporation, partnership, or
12 professional land surveying firm licensed or registered under
13 this Act for any one or combination of the following:
14 (1) material misstatement in furnishing information
15 to the Department;
16 (2) violation, including, but not limited to,
17 neglect or intentional disregard, of this Act, or its
18 rules;
19 (3) conviction of any crime under the laws of the
20 United States, or any state or territory thereof, which
21 is a felony, whether related to practice or not, or
22 conviction of any crime, whether a felony, misdemeanor,
23 or otherwise, an essential element of which is dishonesty
24 or which is directly related to the practice of land
25 surveying;
26 (4) making any misrepresentation for the purpose of
27 obtaining a license, or in applying for restoration or
28 renewal, or the practice of any fraud or deceit in taking
29 any examination to qualify for licensure under this Act;
30 (5) purposefully making false statements or signing
31 false statements, certificates, or affidavits to induce
32 payment;
33 (6) proof of carelessness, incompetence,
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1 negligence, or misconduct in practicing land surveying;
2 (7) aiding or assisting another person in violating
3 any provision of this Act or its rules;
4 (8) failing to provide information in response to a
5 written request made by the Department within 30 days
6 after receipt of such written request;
7 (9) engaging in dishonorable, unethical, or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public;
10 (10) habitual intoxication or addiction to the use
11 of drugs;
12 (11) discipline by the United States government,
13 another state, District of Columbia, territory, foreign
14 nation or government agency if at least one of the
15 grounds for the discipline is the same or substantially
16 equivalent to those set forth in this Act;
17 (12) directly or indirectly giving to or receiving
18 from any person, firm, corporation, partnership, or
19 association any fee, commission, rebate, or other form of
20 compensation for any professional services not actually
21 or personally rendered;
22 (12.5) issuing a map or plat of survey where the
23 fee for professional services is contingent on a real
24 estate transaction closing;
25 (13) a finding by the Board that an applicant or
26 licensee has failed to pay a fine imposed by the
27 Department or a licensee whose license has been placed on
28 probationary status has violated the terms of probation;
29 (14) practicing on an expired, inactive, suspended,
30 or revoked license;
31 (15) signing, affixing the Professional Land
32 Surveyor's seal or permitting the Professional Land
33 Surveyor's seal to be affixed to any map or plat of
34 survey not prepared by the Professional Land Surveyor or
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1 under the Professional Land Surveyor's direct supervision
2 and control;
3 (16) physical illness, including but not limited to
4 deterioration through the aging process or loss of motor
5 skill, which results in the inability to practice the
6 profession with reasonable judgment, skill, or safety;
7 (17) issuing a check or other guarantee to the
8 order of the Department which is not honored on 2
9 occasions by the financial institution upon which it is
10 drawn because of insufficient funds;
11 (18) failure to adequately supervise or control
12 land surveying operations being performed by
13 subordinates.
14 (a-5) In enforcing this Section, the Board upon a
15 showing of a possible violation may compel a person licensed
16 to practice under this Act, or who has applied for licensure
17 or certification pursuant to this Act, to submit to a mental
18 or physical examination, or both, as required by and at the
19 expense of the Department. The examining physicians shall be
20 those specifically designated by the Board. The Board or the
21 Department may order the examining physician to present
22 testimony concerning this mental or physical examination of
23 the licensee or applicant. No information shall be excluded
24 by reason of any common law or statutory privilege relating
25 to communications between the licensee or applicant and the
26 examination physician. The person to be examined may have,
27 at his or her own expense, another physician of his or her
28 choice present during all aspects of the examination.
29 Failure of any person to submit to a mental or physical
30 examination, when directed, shall be grounds for suspension
31 of a licensee until the person submits to the examination if
32 the Board finds, after notice and hearing, that the refusal
33 to submit to the examination was without reasonable cause.
34 If the Board finds a person unable to practice because of
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1 the reasons set forth in this Section, the Board may require
2 that person to submit to care, counseling, or treatment by
3 physicians approved or designated by the Board as a
4 condition, term, or restriction for continued, reinstated, or
5 renewed licensure to practice; or, in lieu of care,
6 counseling, or treatment, the Board may recommend to the
7 Department to file a complaint to immediately suspend,
8 revoke, or otherwise discipline the license of the person.
9 Any person whose license was granted, continued, reinstated,
10 renewed, disciplined, or supervised subject to such terms,
11 conditions, or restrictions and who fails to comply with such
12 terms, conditions, or restrictions shall be referred to the
13 Director for a determination as to whether the person shall
14 have his or her license suspended immediately, pending a
15 hearing by the Board.
16 (b) The determination by a circuit court that a licensee
17 is subject to involuntary admission or judicial admission as
18 provided in the Mental Health and Developmental Disabilities
19 Code, as now or hereafter amended, operates as an automatic
20 license suspension. Such suspension will end only upon a
21 finding by a court that the patient is no longer subject to
22 involuntary admission or judicial admission and the issuance
23 of an order so finding and discharging the patient and upon
24 the recommendation of the Board to the Director that the
25 licensee be allowed to resume his practice.
26 (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
27 (225 ILCS 330/48) (from Ch. 111, par. 3298)
28 Sec. 48. Fund, appropriations, investments and audits.
29 The moneys deposited in the Design Professionals
30 Administration and Investigation Fund from fines and fees
31 under this Act shall be appropriated to the Department
32 exclusively for expenses of the Department and the Board in
33 the administration of this Act, the Illinois Architecture
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1 Practice Act, the Professional Engineering Practice Act of
2 1989, and the Structural Engineering Practice Licensing Act
3 of 1989. The expenses of the Department under this Act shall
4 be limited to the ordinary and contingent expenses of the
5 Design Professionals Dedicated Employees within the
6 Department as established under Section 62.1 of the Civil
7 Administrative Code of Illinois and other expenses related to
8 the administration and enforcement of this Act.
9 Moneys from the Fund may also be used for direct and
10 allocable indirect costs related to the public purposes of
11 the Department of Professional Regulation. Moneys in the
12 Fund may be transferred to the Professions Indirect Cost Fund
13 as authorized by Section 61e of the Civil Administrative Code
14 of Illinois.
15 Moneys in the Design Professionals Administration and
16 Investigation Fund may be invested and reinvested with all
17 earnings received from the investments to be deposited in the
18 Design Professionals Administration and Investigation Fund
19 and used for the same purposes as fees deposited in that
20 Fund.
21 Upon the completion of any audit of the Department as
22 prescribed by the Illinois State Auditing Act that includes
23 an audit of the Design Professionals Administration and
24 Investigation Fund, the Department shall make the audit open
25 to inspection by any interested person. The copy of the
26 audit report required to be submitted to the Department by
27 this Section is in addition to copies of audit reports
28 required to be submitted to other State officers and agencies
29 by Section 3-14 of the Illinois State Auditing Act.
30 (Source: P.A. 89-204, eff. 1-1-96.)
31 Section 55. The Structural Engineering Licensing Act of
32 1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
33 11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
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1 follows:
2 (225 ILCS 340/2) (from Ch. 111, par. 6602)
3 Sec. 2. This Act shall be known and may be cited as the
4 Structural Engineering Practice Licensing Act of 1989.
5 (Source: P.A. 86-711.)
6 (225 ILCS 340/4) (from Ch. 111, par. 6604)
7 Sec. 4. In this Act:
8 (a) "Department" means the Department of Professional
9 Regulation.
10 (b) "Director" means the Director of the Department of
11 Professional Regulation.
12 (c) "Board" means the Structural Engineering Board
13 appointed by the Director.
14 (d) "Negligence in the practice of structural
15 engineering" means the failure to exercise that degree of
16 reasonable professional skill, judgment and diligence
17 normally rendered by structural engineers in the practice of
18 structural engineering.
19 (e) "Structural engineer intern" means a person who is a
20 candidate for licensure as a structural engineer and who has
21 been enrolled as a structural engineer intern.
22 (f) "Structural engineer" means a person licensed under
23 the laws of the State of Illinois to practice structural
24 engineering.
25 (Source: P.A. 86-711.)
26 (225 ILCS 340/6) (from Ch. 111, par. 6606)
27 Sec. 6. The Department of Professional Regulation shall
28 exercise the following functions, powers and duties subject
29 to the provisions of this Act:
30 (1) Conduct examinations to ascertain the qualifications
31 and fitness of applicants for licensure as licensed
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1 structural engineers, and pass upon the qualifications and
2 fitness of applicants for licensure by endorsement.
3 (2) Prescribe rules for a method of examination of
4 candidates.
5 (3) Prescribe rules defining what shall constitute a
6 school, college or university or department of a university,
7 or other institution, reputable and in good standing, and to
8 determine the reputability and good standing of a school,
9 college or other institution reputable and in good standing
10 by reference to a compliance with such rules; provided that
11 no school, college or university, or department of a
12 university or other institution that refuses admittance to
13 applicants, solely on account of race, color, creed, sex,
14 religion, physical or mental handicap unrelated to ability,
15 or national origin shall be considered reputable and in good
16 standing.
17 (3.5) Register corporations, partnerships, professional
18 service corporations, limited liability companies, and sole
19 proprietorships for the practice of structural engineering
20 and issue a license to those who qualify.
21 (4) Investigate complaints, conduct oral interviews,
22 disciplinary conferences, and formal evidentiary hearings on
23 proceedings to refuse to issue, renew or restore, or to
24 suspend or revoke a license, or to place on probation or
25 reprimand a licensee for reasons set forth in Section 20 of
26 this Act.
27 (5) Formulate rules necessary to carry out the
28 provisions of this Act.
29 (6) Maintain membership in a national organization that
30 provides an acceptable structural engineering examination and
31 participate in activities of the organization by designation
32 of individuals for the various classifications of membership
33 and the appointment of delegates for attendance at regional
34 and national meetings of the organization. All costs
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1 associated with membership and attendance of such delegates
2 to any national meetings may be funded from the Design
3 Professionals Administration and Investigation Fund.
4 Prior to issuance of any final decision or order that
5 deviates from any report or recommendation of the Board
6 relating to the qualification of applicants, discipline of
7 licensees or registrants, or promulgation of rules, the
8 Director shall notify the Board and the Secretary of State in
9 writing with an explanation of any such deviation and provide
10 a reasonable time for the Board to submit written comments to
11 the Director regarding the proposed action. In the event
12 that the Board fails or declines to submit such written
13 comments within 30 days of said notification, the Director
14 may issue a final decision or order consistent with the
15 Director's original decision.
16 None of these functions, powers or duties shall be
17 exercised by the Department of Professional Regulation except
18 upon the action and report in writing of the Board.
19 (Source: P.A. 86-711.)
20 (225 ILCS 340/7) (from Ch. 111, par. 6607)
21 Sec. 7. The Director shall appoint a Structural
22 Engineering Board which shall consist of 6 members. Five
23 members shall be Illinois licensed structural engineers, who
24 have been engaged in the practice of structural engineering
25 for a minimum of 10 years, and one shall be a public member.
26 The public member shall be a voting member and shall not hold
27 a license as an architect, professional engineer, structural
28 engineer or land surveyor.
29 Members shall serve 5 year terms and until their
30 successors are appointed and qualified, except that of the
31 initial appointments, 2 members shall be appointed to serve
32 for one year, 2 shall be appointed to serve for 2 years and 2
33 shall be appointed to serve for 3 years and until their
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1 successors are appointed and qualified.
2 In making the designation of persons to act, the Director
3 shall give due consideration to recommendations by members of
4 the profession and by organizations of the structural
5 engineering profession.
6 The membership of the Board should reasonably reflect
7 representation from the geographic areas in this State.
8 No member shall be reappointed to the Board for a term
9 which would cause his continuous service on the Board to be
10 longer than 10 successive years. Service prior to the
11 effective date of this Act shall not be considered in
12 calculating length of service.
13 Appointments to fill vacancies shall be made in the same
14 manner as original appointments, for the unexpired portion of
15 the vacated term. Initial terms under this Act shall begin
16 upon the expiration of the terms of Committee members
17 appointed under The Illinois Structural Engineering Act.
18 Persons holding office as members of the Board Committee
19 under this the Illinois Structural Engineering Act on the
20 effective date of this Act shall serve as members of the
21 Board Committee under this Act until the expiration of the
22 term for which they were appointed and until their successors
23 are appointed and qualified under this Act.
24 A quorum of the Board shall consist of a majority of
25 Board members appointed. A majority of the quorum is
26 required for Board decisions. Four members shall constitute a
27 quorum of Board members. The Chairman shall only vote on all
28 matters to come before the Board in the case of a tie vote.
29 The Director may terminate the appointment of any member
30 for cause which in the opinion of the Director reasonably
31 justifies such termination, which may include, but is not
32 limited to, a Board member who does not attend 2 consecutive
33 meetings.
34 Notice of proposed rulemaking shall be transmitted to the
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1 Board and the Department shall review the response of the
2 Board and any recommendations made therein. The Department
3 may, at any time, seek the expert advice and knowledge of the
4 Board on any matter relating to the administration or
5 enforcement of this Act.
6 Members of the Board shall be immune from suit in any
7 action based upon any disciplinary proceedings or other
8 activities performed in good faith as members of the Board.
9 Whenever the Director is not satisfied that substantial
10 justice has been done in an examination, the Director may
11 order a reexamination by the same or other examiners.
12 (Source: P.A. 86-711; 87-756.)
13 (225 ILCS 340/8) (from Ch. 111, par. 6608)
14 Sec. 8. The Board has the following powers and duties:
15 (a) The Board shall hold at least 3 regular meetings
16 each year;
17 (b) The Board shall annually elect a Chairperson and a
18 Vice Chairperson, both of whom chairman who shall be Illinois
19 a licensed structural engineers engineer;
20 (c) The Board, upon request by the Department, may make
21 a curriculum evaluation to determine if courses conform to
22 requirements of approved engineering programs;
23 (d) The Department may at any time seek the expert
24 advice and knowledge of the Board on any matter relating to
25 the enforcement of this Act;
26 (e) The Board may appoint a subcommittee to serve as a
27 Complaint Committee to recommend the disposition of case
28 files according to procedures established by rule;
29 (f) The Board shall assist the Department in conducting
30 oral interviews, disciplinary conferences, and formal
31 evidentiary hearings; and
32 (g) The Board shall review applicant qualifications to
33 sit for the examination or for licensure and shall make
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1 recommendations to the Department, and. the Department shall
2 review the Board's recommendations on applicant
3 qualifications; and. Prior to issuance of any final decision
4 or order which deviates from any report or recommendation of
5 the Board relating to the qualification of applicants,
6 discipline of licensees or registrants, or promulgation of
7 rules, the Director shall notify the Board and the Secretary
8 of State in writing with an explanation of any such deviation
9 and provide a reasonable time for the Board to submit written
10 comments to the Director regarding the proposed action. In
11 the event that the Board fails or declines to submit such
12 written comments within 30 days of said notification, the
13 Director may issue a final decision or order consistent with
14 the Director's original decision.
15 (h) The Board shall submit written comments to the
16 Director within 30 days from notification of any final
17 decision or order from the Director that deviates from any
18 report or recommendation of the Board relating to the
19 qualification of applicants, discipline of licensees or
20 registrants, or promulgation of rules.
21 (Source: P.A. 88-428.)
22 (225 ILCS 340/9) (from Ch. 111, par. 6609)
23 Sec. 9. Applications for original licenses shall be made
24 to the Department in writing on forms prescribed by the
25 Department and shall be accompanied by the required fee,
26 which is not refundable. The application shall require such
27 information as in the judgment of the Department will enable
28 the Department to pass on the qualifications of the applicant
29 for a license. The Department may require an applicant, at
30 the applicant's expense, to have an evaluation of the
31 applicant's education in a foreign county by a nationally
32 recognized educational body approved by the Board in
33 accordance with rules prescribed by the Department.
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1 An applicant who graduated from a structural engineering
2 program outside the United States or its territories and
3 whose first language is not English shall submit
4 certification of passage of the Test of English as a Foreign
5 Language (TOEFL) and the Test of Spoken English (TSE) as
6 defined by rule before taking the licensure examination.
7 (Source: P.A. 89-594, eff. 8-1-96.)
8 (225 ILCS 340/10) (from Ch. 111, par. 6610)
9 Sec. 10. The Department shall authorize examinations of
10 applicants as structural engineers at such times and places
11 as it may determine. The examination of applicants shall be
12 of a character to give a fair test of the qualifications of
13 the applicant to practice structural engineering.
14 Applicants for examination as structural engineers are
15 required to pay, either to the Department or the designated
16 testing service, a fee covering the cost of providing the
17 examination. Failure to appear for the examination on the
18 scheduled date, at the time and place specified, after the
19 applicant's application for examination has been received and
20 acknowledged by the Department or the designated testing
21 service, shall result in the forfeiture of the examination
22 fee.
23 If an applicant neglects, fails without an approved
24 excuse or refuses to take the next available examination
25 offered for licensure under this Act, the fee paid by the
26 applicant shall be forfeited to the Department and the
27 application denied. If an applicant fails to pass an
28 examination for a licensure under this Act within 3 years
29 after filing the application, the application shall be
30 denied. However, such applicant may thereafter make a new
31 application for examination accompanied by the required fee,
32 and must furnish proof of meeting the qualifications for
33 examination in effect at the time of new application.
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1 An applicant has one year from the date of notification
2 of successful completion of the examination to apply to the
3 Department for a license. If an applicant fails to apply
4 within one year, the applicant shall be required to again
5 take and pass the examination unless licensed in another
6 jurisdiction of the United States within one year of passing
7 the examination.
8 (Source: P.A. 86-711.)
9 (225 ILCS 340/11) (from Ch. 111, par. 6611)
10 Sec. 11. A person is qualified for licensure as a
11 structural engineer intern or as a structural engineer if
12 that person has applied in writing in form and substance
13 satisfactory to the Department and:
14 (a) The applicant is of good moral character. In
15 determining moral character under this Section, the
16 Department may take into consideration whether the applicant
17 has engaged in conduct or actions that would constitute
18 grounds for discipline under this Act. any felony conviction
19 of the applicant, but such a conviction shall not operate as
20 an absolute bar to licensure;
21 (a-5) The applicant, if a structural engineer intern
22 applicant, has met the minimum standards for licensure as a
23 structural engineer intern, which are as follows:
24 (1) is a graduate of an approved engineering
25 curriculum of at least 4 years meeting the requirements
26 as set forth by rule and passes a nominal 8-hour written
27 examination in the fundamentals of engineering; or
28 (2) is a graduate of a related science curriculum
29 of at least 4 years meeting the requirements as set forth
30 by rule and passes a nominal 8-hour written examination
31 in the fundamentals of engineering.
32 (b) The applicant, if a structural engineer applicant,
33 has met the minimum standards for licensure as a structural
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1 engineer, which are as follows:
2 (1) is a graduate of an approved engineering
3 curriculum of at least 4 years meeting the requirements
4 as set forth by rule and submits evidence acceptable to
5 the Department of an additional 4 years or more of
6 experience in structural engineering work of a grade and
7 character which indicates that the individual may be
8 competent to practice structural engineering as set forth
9 by rule; or
10 (2) is a graduate of an approved related science
11 curriculum of at least 4 years meeting the requirements
12 as set forth by rule who submits evidence acceptable to
13 the Department of an additional 8 years or more of
14 progressive experience in structural engineering work of
15 a grade and character which indicates that the individual
16 may be competent to practice structural engineering as
17 set forth by rule.; and
18 (c) The applicant, if a structural engineer applicant,
19 has passed an examination conducted by the Department to
20 determine his fitness to receive a license as a Structural
21 Engineer.
22 (Source: P.A. 86-711.)
23 (225 ILCS 340/12) (from Ch. 111, par. 6612)
24 Sec. 12. Every holder of a license as a structural
25 engineer shall display it in a conspicuous place in the
26 holder's principal office, place of business or employment.
27 Every licensed structural engineer shall have a
28 reproducible seal or facsimile, the print of which shall
29 contain the name, place of business and license number of the
30 structural engineer, and the words "Licensed Structural
31 Engineer," "State of Illinois." The licensed structural
32 engineer shall stamp with this seal all plans, drawings, and
33 specifications prepared by or under the engineer's
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1 supervision.
2 A licensed structural engineer may seal documents not
3 produced by the licensed structural engineer when the
4 documents have either been produced by others working under
5 the licensed structural engineer's personal supervision and
6 control or when the licensed structural engineer has
7 sufficiently reviewed the documents to ensure that they have
8 met the standards of reasonable professional skill and
9 diligence. In reviewing the work of others, the licensed
10 structural engineer shall, where necessary, do calculations
11 recalculations, redesign, or any other work necessary to be
12 done to meet such standards and should retain evidence of
13 having done such review. The documents sealed by the
14 licensed structural engineer shall be of no lesser quality
15 than if they had been produced by the licensed structural
16 engineer. The licensed structural engineer who seals the work
17 of others is obligated to provide sufficient supervision and
18 review of such work so that the public is protected.
19 The licensed structural engineer shall affix the
20 signature, current date, date of license expiration and seal
21 to the first sheet of any bound set or loose sheets prepared
22 by the licensed structural engineer or under that licensed
23 structural engineer's immediate supervision.
24 (Source: P.A. 86-711.)
25 (225 ILCS 340/14.5 new)
26 Sec. 14.5. Continuing education. The Department may
27 promulgate rules of continuing education for persons licensed
28 under this Act. The Department shall consider the
29 recommendations of the Board in establishing the guidelines
30 for the continuing education requirements. The requirements
31 of this Section apply to any person seeking renewal or
32 restoration under Section 14 or 15 of this Act.
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1 (225 ILCS 340/16) (from Ch. 111, par. 6616)
2 Sec. 16. The Department may, in its discretion, license
3 as a structural engineer upon, without examination on payment
4 of the required fee, an applicant who is a structural
5 engineer licensed under the laws of another state or
6 territory, or of another country, if the requirements for
7 licensure in the state, territory or country were, at the
8 date of licensure, substantially equivalent to the
9 requirements in force in this State on that date.
10 Applicants have 3 years from the date of application to
11 complete the application process. If the process has not
12 been completed in 3 years, the application shall be denied,
13 the fee forfeited and the applicant must reapply and meet the
14 requirements in effect at the time of reapplication.
15 (Source: P.A. 86-711.)
16 (225 ILCS 340/17) (from Ch. 111, par. 6617)
17 Sec. 17. Fees.
18 (a) The Department shall provide by rule for a schedule
19 of fees to be paid for licenses by all applicants. All fees
20 are not refundable.
21 (b) The fees for the administration and enforcement of
22 the Act, including but not limited to original licensure,
23 renewal, and restoration, shall be set by rule by the
24 Department.
25 (c) All fees and fines collected shall be deposited in
26 the Design Professionals Administration and Investigation
27 Fund. Of the moneys deposited into the Design Professionals
28 Administration and Investigation Fund, the Department may use
29 such funds as necessary and available to produce and
30 distribute newsletters to persons licensed under this Act.
31 (a) The following fees are not refundable:
32 (1) The fee for application for a license is $100.
33 (2) In addition, applicants for any examination
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1 shall be required to pay, either to the Department or to
2 the designated testing service, a fee covering the cost
3 of determining an applicant's eligibility and providing
4 the examination. Failure to appear for the examination on
5 the scheduled date, at the time and place specified,
6 after the applicant's application for each examination
7 has been received and acknowledged by the Department or
8 the designated testing service, shall result in the
9 forfeiture of the examination fee.
10 (3) The fee for a license for a structural engineer
11 registered or licensed under the laws of another state or
12 territory of the United States, or a foreign country or
13 province is $100.
14 (4) The fee for the renewal of a license shall be
15 $60.
16 (5) The fee for the restoration of a license other
17 than from inactive status is $10 plus payment of all
18 lapsed renewal fees.
19 (6) The fee for application for a certificate of
20 registration as a professional design firm is $75.
21 (7) The fee for renewal of a certificate of
22 registration as a professional design firm shall be $75.
23 (b) General fees.
24 (1) The fee for the issuance of a license, for the
25 issuance of a replacement license for a license which has
26 been lost or destroyed or for the issuance of a license
27 with a change of name or address other than during the
28 renewal period is $20. No fee is required for name and
29 address changes on Department records when no duplicate
30 license is issued.
31 (2) The fee for a certification of a registrant's
32 record for any purpose is $20.
33 (3) The fee for rescoring an examination is the
34 cost to the Department for rescoring the examination plus
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1 any fees charged by the applicable testing service.
2 (4) The fee for a wall certificate showing
3 licensure is the actual cost of producing such
4 certificate.
5 (5) The fee for a roster of persons licensed as
6 structural engineers in this State is the actual cost of
7 producing such a roster.
8 All of the fees collected pursuant to this Section shall
9 be deposited in the Design Professionals Administration and
10 Investigation Fund.
11 (c) Any person who delivers a check or other payment to
12 the Department that is returned to the Department unpaid by
13 the financial institution upon which it is drawn shall pay to
14 the Department, in addition to the amount already owed to the
15 Department, a fine of $50. If the check or other payment was
16 for a renewal or issuance fee and that person practices
17 without paying the renewal fee or issuance fee and the fine
18 due, an additional fine of $100 shall be imposed. The fines
19 imposed by this Section are in addition to any other
20 discipline provided under this Act for unlicensed practice or
21 practice on a nonrenewed license. The Department shall notify
22 the person that payment of fees and fines shall be paid to
23 the Department by certified check or money order within 30
24 calendar days of the notification. If, after the expiration
25 of 30 days from the date of the notification, the person has
26 failed to submit the necessary remittance, the Department
27 shall automatically terminate the license or certificate or
28 deny the application, without hearing. If, after termination
29 or denial, the person seeks a license or certificate, he or
30 she shall apply to the Department for restoration or issuance
31 of the license or certificate and pay all fees and fines due
32 to the Department. The Department may establish a fee for the
33 processing of an application for restoration of a license or
34 certificate to pay all expenses of processing this
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1 application. The Director may waive the fines due under this
2 Section in individual cases where the Director finds that the
3 fines would be unreasonable or unnecessarily burdensome.
4 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
5 (225 ILCS 340/19) (from Ch. 111, par. 6619)
6 Sec. 19. Professional design firm registration;
7 conditions.
8 (a) Nothing in this Act prohibits the formation, under
9 the provisions of the Professional Service Corporation Act,
10 as amended, of a corporation to practice structural
11 engineering.
12 Any business, including a Professional Service
13 Corporation, that not formed under the provisions of the
14 Professional Service Corporation Act and not registered as
15 such with the Department, and which includes within its
16 stated purposes, practices, or holds itself out as available
17 to practice, structural engineering, shall be registered with
18 the Department pursuant to the provisions of this Section.
19 Any sole proprietorship not owned and operated by an
20 Illinois licensed design professional licensed under this Act
21 shall be prohibited from offering structural engineering
22 services to the public. "Illinois licensed design
23 professional" means a person who holds an active license as a
24 structural engineer under this Act, as an architect under the
25 Illinois Architecture Practice Act of 1989, or as a
26 professional engineer under the Professional Engineering
27 Practice Act of 1989. Any sole proprietorship owned and
28 operated by a structural engineer with an active license
29 issued under this Act and conducting or transacting such
30 business under an assumed name in accordance with the
31 provisions of the Assumed Business Name Act shall comply with
32 the registration requirements of a professional design firm.
33 Any sole proprietorship owned and operated by a structural
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1 engineer with an active license issued under this Act and
2 conducting or transacting such business under the real name
3 of the sole proprietor is exempt from the registration
4 requirements of a professional design firm.
5 Any partnership which includes within its purpose,
6 practices, or holds itself out as available to practice
7 structural engineering, shall register with the Department
8 pursuant to the provisions set forth in this Section.
9 (b) Any professional design firm seeking to be
10 registered under the provisions of this Section shall not be
11 registered unless a managing agent in charge of structural
12 engineering activities in this State is designated by the
13 professional design firm. A managing agent must at all times
14 maintain a valid, active license to practice structural
15 engineering in Illinois.
16 No individual whose license to practice structural
17 engineering in this State is currently in a suspended or
18 revoked status shall act as a managing agent for a
19 professional design firm.
20 (c) No business shall practice or hold itself out as
21 available to practice structural engineering until it is
22 registered with the Department.
23 (d) Any business seeking to be registered under this
24 Section shall apply for a certificate of registration on a
25 form provided by the Department and shall provide such
26 information as requested by the Department, which shall
27 include but shall not be limited to:
28 (1) the name and license number of the person
29 designated as the managing agent in responsible charge of
30 the practice of structural engineering in Illinois. In
31 the case of a corporation, the corporation shall also
32 submit a certified copy of the resolution by the board of
33 directors designating the managing agent. In the case of
34 a limited liability company, the company shall submit a
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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,
4 in the case of a corporation, the members, in the case of
5 a limited liability company, or general partners, in the
6 case of a partnership;
7 (3) a list of all locations at which the
8 professional design firm provides structural engineering
9 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 shall be the responsibility of the professional design
16 firm to provide the Department notice, in writing, of any
17 changes in the information requested on the application.
18 (e) In the event a managing agent is terminated or
19 terminates his status as managing agent of the professional
20 design firm, such managing agent and professional design firm
21 shall notify the Department of this fact in writing, by
22 certified mail, within 10 business days of such termination.
23 Thereafter, the professional design firm, if it has so
24 informed the Department, shall have 30 days in which to
25 notify the Department of the name and registration number of
26 a newly designated managing agent. If a corporation, the
27 corporation shall also submit a certified copy of a
28 resolution by the board of directors designating the new
29 managing agent. If a limited liability company, the company
30 shall also submit a certified copy of either its articles of
31 organization or operating agreement designating the new
32 managing agent. The Department may, upon good cause shown,
33 extend the original 30 day period.
34 If the professional design firm fails to notify the
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1 Department in writing by certified mail within the specified
2 time, the registration shall be terminated without prior
3 hearing. Notification of termination shall be sent by
4 certified mail to the last known address of the business. If
5 the professional design firm continues to operate and offer
6 structural engineering services after the termination, the
7 Department may seek prosecution under Sections 20, 34, and
8 34a of this Act for the unlicensed practice of structural
9 engineering.
10 (f) No professional design firm shall be relieved of
11 responsibility for the conduct or acts of its agents,
12 employees, members, managers, or officers by reason of its
13 compliance with this Section, nor shall any individual
14 practicing structural engineering be relieved of the
15 responsibility for professional services performed by reason
16 of the individual's employment or relationship with a
17 professional design firm registered under this Section.
18 (g) Disciplinary action against a professional design
19 firm registered under this Section shall be administered in
20 the same manner and on the same grounds as disciplinary
21 action against a licensed structural engineer. All
22 disciplinary action taken or pending against a corporation or
23 partnership before the effective date of this amendatory Act
24 of 1993 shall be continued or remain in effect without the
25 Department filing separate actions.
26 It is unlawful for any person to practice, or to attempt
27 to practice, structural engineering, without being licensed
28 under this Act. It is unlawful for any business not subject
29 to the sole proprietorship exemption to offer or provide
30 structural engineering services without active registration
31 issued by the Department as a professional design firm or
32 professional service corporation.
33 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
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1 (225 ILCS 340/20) (from Ch. 111, par. 6620)
2 Sec. 20. (a) The Department may, singularly or in
3 combination, refuse to issue, renew, or restore, or may
4 suspend or revoke any license or certificate of registration,
5 or may place on probation, reprimand, or fine, with a civil
6 penalty not to exceed $10,000 for each violation, any person,
7 corporation, partnership, or professional design firm
8 registered or licensed under this Act for any of the
9 following reasons:
10 (1) Material misstatement in furnishing information
11 to the Department;
12 (2) Negligence, incompetence or misconduct in the
13 practice of structural engineering;
14 (3) Making any misrepresentation for the purpose of
15 obtaining licensure;
16 (4) The affixing of a licensed structural
17 engineer's seal to any plans, specifications or drawings
18 which have not been prepared by or under the immediate
19 personal supervision of that licensed structural engineer
20 or reviewed as provided in this Act;
21 (5) Conviction of any crime under the laws of the
22 United States, or any state or territory thereof, which
23 is a felony, whether related to the practice of
24 Structural Engineering or not, or conviction of any
25 crime, whether a felony, misdemeanor, or otherwise, an
26 essential element of which is dishonesty, or which is
27 directly related to the practice of structural
28 engineering;
29 (6) Making a statement of compliance pursuant to
30 the Environmental Barriers Act, as now or hereafter
31 amended, that a plan for construction or alteration of a
32 public facility or for construction of a multi-story
33 housing unit is in compliance with the Environmental
34 Barriers Act when such plan is not in compliance;
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1 (7) Failure to comply with any of the provisions of
2 this Act or its rules;
3 (8) Aiding or assisting another person in violating
4 any provision of this Act or its rules;
5 (9) Engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud or harm the public, as defined by rule;
8 (10) Habitual intoxication or addiction to the use
9 of drugs;
10 (11) A finding by the Board that an applicant or
11 licensee has failed to pay a fine imposed by the
12 Department or a licensee whose license has been placed on
13 probationary status, has violated the terms of probation;
14 (12) Discipline by another state, territory,
15 foreign country, the District of Columbia, the United
16 States government, or any other governmental agency, if
17 at least one of the grounds for discipline is the same or
18 substantially equivalent to those set forth in this
19 Section;
20 (13) Failure to provide information in response to
21 a written request made by the Department within 30 days
22 after the receipt of such written request; or
23 (14) Physical illness, which results in the
24 inability to practice the profession of structural
25 engineering with reasonable judgment, skill or safety; or
26 including, but not limited to, deterioration through the
27 aging process or loss of motor skill.
28 (a-5) In enforcing this Section, the Board upon a
29 showing of a possible violation may compel a person licensed
30 to practice under this Act, or who has applied for licensure
31 or certification pursuant to this Act, to submit to a mental
32 or physical examination, or both, as required by and at the
33 expense of the Department. The examining physicians shall be
34 those specifically designated by the Board. The Board or the
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1 Department may order the examining physician to present
2 testimony concerning this mental or physical examination of
3 the licensee or applicant. No information shall be excluded
4 by reason of any common law or statutory privilege relating
5 to communications between the licensee or applicant and the
6 examining physician. The person to be examined may have, at
7 his or her own expense, another physician of his or her
8 choice present during all aspects of the examination.
9 Failure of any person to submit to a mental or physical
10 examination, when directed, shall be grounds for suspension
11 of a license until the person submits to the examination if
12 the Board finds, after notice and hearing, that the refusal
13 to submit to the examination was without reasonable cause.
14 If the Board finds a person unable to practice because of
15 the reasons set forth in this Section, the Board may require
16 that person to submit to care, counseling, or treatment by
17 physicians approved or designated by the Board as a
18 condition, term, or restriction for continued, reinstated, or
19 renewed licensure to practice; or, in lieu of care,
20 counseling, or treatment, the Board may recommend to the
21 Department to file a complaint to immediately suspend,
22 revoke, or otherwise discipline the license of the person.
23 Any person whose license was granted, continued, reinstated,
24 renewed, disciplined, or supervised subject to such terms,
25 conditions, or restrictions and who fails to comply with such
26 terms, conditions, or restrictions shall be referred to the
27 Director for a determination as to whether the person shall
28 have his or her license suspended immediately, pending a
29 hearing by the Board.
30 (b) The determination by a circuit court that a licensee
31 is subject to involuntary admission or judicial admission, as
32 provided in the Mental Health and Developmental Disabilities
33 Code, operates as an automatic suspension. Such suspension
34 will end only upon a finding by a court that the patient is
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1 no longer subject to involuntary admission or judicial
2 admission, the issuance of an order so finding and
3 discharging the patient, and the recommendation of the Board
4 to the Director that the licensee be allowed to resume
5 practice.
6 The Department may refuse to issue, or may suspend, the
7 license of any person who fails to file a return, or to pay
8 the tax, penalty or interest shown in a filed return, or to
9 pay any final assessment of tax, penalty or interest, as
10 required by any tax Act administered by the Illinois
11 Department of Revenue, until such time as the requirements of
12 such tax Act are satisfied.
13 Persons who assist the Department as consultants or
14 expert witnesses in the investigation or prosecution of
15 alleged violations of the Act, licensure matters, restoration
16 proceedings, or criminal prosecutions, are not liable for
17 damages in any civil action or proceeding as a result of such
18 assistance, except upon proof of actual malice. The Attorney
19 General of the State of Illinois shall defend such persons in
20 any such action or proceeding.
21 (Source: P.A. 88-428.)
22 Section 60. The Private Detective, Private Alarm,
23 Private Security, and Locksmith Act of 1993 is amended by
24 changing Section 30 as follows:
25 (225 ILCS 446/30)
26 Sec. 30. Exemptions. This Act does not apply to:
27 (1) An officer or employee of the United States, this
28 State, or any political subdivision of either while the
29 officer or employee is engaged in the performance of his or
30 her official duties within the course and scope of his or her
31 employment with the United States, this State, or any
32 political subdivision of either. However, any person who
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1 offers his or her services as a private detective or private
2 security contractor, or any title when similar services are
3 performed for compensation, fee, or other valuable
4 consideration, whether received directly or indirectly, is
5 subject to this Act and its licensing requirements.
6 (2) An attorney-at-law licensed to practice in Illinois
7 while engaging in the practice of law.
8 (3) A person engaged exclusively in the business of
9 obtaining and furnishing information as to the financial
10 rating or credit worthiness of persons; and a person who
11 provides consumer reports in connection with:
12 (i) Credit transactions involving the consumer on
13 whom the information is to be furnished and involving the
14 extensions of credit to the consumer.
15 (ii) Information for employment purposes.
16 (iii) Information for the underwriting of insurance
17 involving the consumer.
18 (4) Insurance adjusters legally employed or under
19 contract as adjusters and who engage in no other
20 investigative activities other than those directly connected
21 with adjustment of claims against an insurance company or
22 self-insured by which they are employed or with which they
23 have a contract. No insurance adjuster or company may
24 utilize the term "investigation" or any derivative thereof in
25 its company name or in its advertising other than for the
26 handling of insurance claims.
27 For the purposes of this Code, "insurance adjuster"
28 includes any person expressly authorized to act on behalf of
29 an insurance company or self-insured and any employee thereof
30 who acts or appears to act on behalf of the insurance company
31 or self-insured in matters relating to claims, including but
32 not limited to independent contractors while performing claim
33 services at the direction of the company.
34 (5) A person engaged exclusively and employed by a
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1 person, firm, association, or corporation in the business of
2 transporting persons or property in interstate commerce and
3 making an investigation related to the business of that
4 employer.
5 (6) Any person, watchman, or guard employed exclusively
6 and regularly by one employer in connection with the affairs
7 of that employer only and there exists an employer/employee
8 relationship.
9 (7) Any law enforcement officer, as defined in the
10 Illinois Police Training Act, who has successfully completed
11 the requirements of basic law enforcement and firearms
12 training as prescribed by the Illinois Law Enforcement
13 Training Standards Board, employed by an employer in
14 connection with the affairs of that employer, provided he or
15 she is exclusively employed by the employer during the hours
16 or times he or she is scheduled to work for that employer,
17 and there exists an employer and employee relationship.
18 In this subsection an "employee" is a person who is
19 employed by an employer who has the right to control and
20 direct the employee who performs the services in question,
21 not only as to the result to be accomplished by the work, but
22 also as to the details and means by which the result is to be
23 accomplished; and an "employer" is any person or entity, with
24 the exception of a private detective, private detective
25 agency, private security contractor, private security
26 contractor agency, private alarm contractor, or private alarm
27 contractor agency, whose purpose it is to hire persons to
28 perform the business of a private detective, private
29 detective agency, private security contractor, private
30 security contractor agency, private alarm contractor, or
31 private alarm contractor agency.
32 (8) A person who sells burglar alarm systems and does
33 not install, monitor, maintain, alter, repair, service, or
34 respond to burglar alarm systems at protected premises or
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1 premises to be protected, provided:
2 (i) The burglar alarm systems are approved either
3 by Underwriters Laboratories or another authoritative
4 source recognized by the Department and are identified by
5 a federally registered trademark.
6 (ii) The owner of the trademark has expressly
7 authorized the person to sell the trademark owner's
8 products, and the person provides proof of this
9 authorization upon the request of the Department.
10 (iii) The owner of the trademark maintains, and
11 provides upon the Department's request, a certificate
12 evidencing insurance for bodily injury or property damage
13 arising from faulty or defective products in an amount
14 not less than $1,000,000 combined single limit; provided
15 that the policy of insurance need not relate exclusively
16 to burglar alarm systems.
17 (9) A person who sells, installs, maintains, or repairs
18 automobile alarm systems.
19 (10) Nothing in this Act prohibits any of the following:
20 (A) Servicing, installing, repairing, or rebuilding
21 automotive locks by automotive service dealers, as long
22 as they do not hold themselves out to the public as
23 locksmiths.
24 (B) Police, fire, or other municipal employees from
25 opening a lock in an emergency situation, as long as they
26 do not hold themselves out to the public as locksmiths.
27 (C) Any merchant or retail or hardware store from
28 duplicating keys, from installing, servicing, repairing,
29 rebuilding, reprogramming, or maintaining electronic
30 garage door devices or from selling locks or similar
31 security accessories not prohibited from sale by the
32 State of Illinois, as long as they do not hold themselves
33 out to the public as locksmiths.
34 (D) The installation or removal of complete locks
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1 or locking devices by members of the building trades when
2 doing so in the course of residential or commercial new
3 construction or remodeling, as long as they do not hold
4 themselves out to the public as locksmiths.
5 (E) The employees of towing services, repossessors,
6 or auto clubs from opening automotive locks in the normal
7 course of their duties, as long as they do not hold
8 themselves out to the public as locksmiths. Additionally,
9 this Act shall not prohibit employees of towing services
10 from opening motor vehicle locks to enable a vehicle to
11 be moved without towing, provided that the towing service
12 does not hold itself out to the public, by yellow page
13 advertisement, through a sign at the facilities of the
14 towing service, or by any other advertisement, as a
15 locksmith.
16 (F) The practice of locksmithing by students in the
17 course of study in programs approved by the Department,
18 provided that the students do not hold themselves out to
19 the public as locksmiths.
20 (G) Servicing, installing, repairing, or rebuilding
21 locks by a lock manufacturer or anyone employed by a lock
22 manufacturer, as long as they do not hold themselves out
23 to the public as locksmiths.
24 (H) The provision of any of the products or
25 services in the practice of locksmithing as identified in
26 Section 5 of this Act by a business licensed by the State
27 of Illinois as a private alarm contractor or private
28 alarm contractor agency, as long as the principal purpose
29 of the services provided to a customer is not the
30 practice of locksmithing and the business does not hold
31 itself out to the public as a locksmith agency.
32 (I) Any maintenance employee of a property
33 management company at a multi-family residential building
34 from servicing, installing, repairing, or opening locks
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1 for tenants as long as the maintenance employee does not
2 hold himself or herself out to the public as a locksmith.
3 (11) A person, firm, or corporation engaged in fire
4 protection engineering, including the design, testing, and
5 inspection of fire protection systems.
6 (12) The practice of professional engineering as defined
7 in the Professional Engineering Practice Act of 1989.
8 (13) The practice of structural engineering as defined
9 in the Structural Engineering Practice Licensing Act of 1989.
10 (14) The practice of architecture as defined in the
11 Illinois Architecture Practice Act of 1989.
12 (15) The activities of persons or firms licensed under
13 the Illinois Public Accounting Act if performed in the course
14 of their professional practice.
15 (16) This Act does not prohibit any persons legally
16 regulated in this State under any other Act from engaging in
17 the practice for which they are licensed, provided that they
18 do not represent themselves by any title prohibited by this
19 Act.
20 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98.)
21 Section 65. The Professional Geologist Licensing Act is
22 amended by changing Section 20 as follows:
23 (225 ILCS 745/20)
24 Sec. 20. Exemptions. Nothing in this Act shall be
25 construed to restrict the use of the title "geologist" or
26 similar words by any person engaged in a practice of geology
27 exempted under this Act, provided the person does not hold
28 himself or herself out as being a licensed professional
29 geologist or does not practice professional geology in a
30 manner requiring licensure under this Act. Performance of
31 the following activities does not require licensure as a
32 licensed professional geologist under this Act:
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1 (a) The practice of professional geology by an employee
2 or a subordinate of a licensee under this Act, provided the
3 work does not include responsible charge of geological work
4 and is performed under the direct supervision of a licensed
5 professional geologist who is responsible for the work.
6 (b) The practice of professional geology by officers and
7 employees of the United States government within the scope of
8 their employment.
9 (c) The practice of professional geology as geologic
10 research to advance basic knowledge for the purpose of
11 offering scientific papers, publications, or other
12 presentations (i) before meetings of scientific societies,
13 (ii) internal to a partnership, corporation, proprietorship,
14 or government agency, or (iii) for publication in scientific
15 journals, or in books.
16 (d) The teaching of geology in schools, colleges, or
17 universities, as defined by rule.
18 (e) The practice of professional geology exclusively in
19 the exploration for or development of energy resources or
20 base, precious and nonprecious minerals, including sand,
21 gravel, and aggregate, that does not require, by law, rule,
22 or ordinance, the submission of reports, documents, or oral
23 or written testimony to public agencies. Public agencies
24 may, by law or by rule, allow required oral or written
25 testimony, reports, permit applications, or other documents
26 based on the science of geology to be submitted to them by
27 persons not licensed under this Act. Unless otherwise
28 required by State or federal law, public agencies may not
29 require that the geology-based aspects of testimony, reports,
30 permits, or other documents so exempted be reviewed by,
31 approved, or otherwise certified by any person who is not a
32 licensed professional geologist. Licensure is not required
33 for the submission and review of reports or documents or the
34 provision of oral or written testimony made under the Well
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1 Abandonment Act, the Illinois Oil and Gas Act, the Surface
2 Coal Mining Land Conservation and Reclamation Act, or the
3 Surface-Mined Land Conservation and Reclamation Act.
4 (f) The practice of professional engineering as defined
5 in the Professional Engineering Practice Act of 1989.
6 (g) The practice of structural engineering as defined in
7 the Structural Engineering Practice Licensing Act of 1989.
8 (h) The practice of architecture as defined in the
9 Illinois Architecture Practice Act of 1989.
10 (i) The practice of land surveying as defined in the
11 Illinois Professional Land Surveyor Act of 1989.
12 (j) The practice of landscape architecture as defined in
13 the Illinois Landscape Architecture Act of 1989.
14 (Source: P.A. 89-366, eff. 7-1-96.)
15 Section 70. The Environmental Barriers Act is amended by
16 changing Section 7 as follows:
17 (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
18 Sec. 7. Penalties.
19 (a) Any owner constructing or altering a public facility
20 or constructing a multi-story housing unit in violation of
21 this Act shall be guilty of a business offense punishable by
22 a fine not to exceed $250 per day, and each day the owner is
23 in violation of this Act constitutes a separate offense.
24 (b) Any architect or engineer negligently or
25 intentionally stating pursuant to Section 5 of this Act that
26 a plan is in compliance with this Act when such plan is not
27 in compliance shall be subject to a suspension, revocation or
28 refusal of restoration of his or her certificate of
29 registration or license pursuant to the Illinois Architecture
30 Practice Act of 1989, the Professional Engineering Practice
31 Act of 1989 and the Structural Engineering Practice Licensing
32 Act of 1989.
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1 (c) Any person issuing a building permit or other
2 official authorization for the construction or alteration of
3 a public facility or the construction of a multi-story
4 housing unit in violation of this Act shall be guilty of a
5 business offense punishable by a fine not to exceed $1,000.
6 (d) The executive director of the Capital Development
7 Board or any other person may request the State's Attorney of
8 the county in which the public facility or multi-story
9 housing unit is located to initiate prosecution under this
10 Section.
11 (Source: P.A. 86-711; 86-1475; 87-562.)
12 Section 75. The Professional Service Corporation Act is
13 amended by changing Section 3.6 as follows:
14 (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
15 Sec. 3.6. "Related professions" and "related
16 professional services" mean more than one personal service
17 which requires as a condition precedent to the rendering
18 thereof the obtaining of a license and which prior to October
19 1, 1973 could not be performed by a corporation by reason of
20 law; provided, however, that these terms shall be restricted
21 to:
22 (1) a combination of two or more of the following
23 personal services: (a) "architecture" as defined in
24 Section 5 of the Illinois Architecture Practice Act of
25 1989, (b) "professional engineering" as defined in
26 Section 4 of the Professional Engineering Practice Act of
27 1989, (c) "structural engineering" as defined in Section
28 5 of the Structural Engineering Practice Licensing Act of
29 1989, (d) "land surveying" as defined in Section 2 of the
30 Illinois Professional Land Surveyor Act of 1989; or
31 (2) a combination of the following personal
32 services: (a) the practice of medicine in all of its
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1 branches, (b) the practice of podiatry as defined in
2 Section 5 of the Podiatric Medical Practice Act of 1987,
3 (c) the practice of dentistry as defined in the Illinois
4 Dental Practice Act, (d) the practice of optometry as
5 defined in the Illinois Optometric Practice Act of 1987.
6 (Source: P.A. 90-230, eff. 1-1-98.)
7 Section 999. Effective date. This Act takes effect
8 January 1, 1999.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.10 from Ch. 127, par. 1904.10
4 5 ILCS 80/4.19 new
5 30 ILCS 505/9 from Ch. 127, par. 132.9
6 30 ILCS 535/15 from Ch. 127, par. 4151-15
7 30 ILCS 535/65 from Ch. 127, par. 4151-65
8 50 ILCS 510/3 from Ch. 85, par. 6403
9 110 ILCS 355/62.1 from Ch. 127, par. 62.1
10 225 ILCS 305/3 from Ch. 111, par. 1303
11 225 ILCS 305/8 from Ch. 111, par. 1308
12 225 ILCS 305/9 from Ch. 111, par. 1309
13 225 ILCS 305/10 from Ch. 111, par. 1310
14 225 ILCS 305/11 from Ch. 111, par. 1311
15 225 ILCS 305/12 from Ch. 111, par. 1312
16 225 ILCS 305/13 from Ch. 111, par. 1313
17 225 ILCS 305/14 from Ch. 111, par. 1314
18 225 ILCS 305/16.5 new
19 225 ILCS 305/19 from Ch. 111, par. 1319
20 225 ILCS 305/21 from Ch. 111, par. 1321
21 225 ILCS 305/22 from Ch. 111, par. 1322
22 225 ILCS 305/38 from Ch. 111, par. 1338
23 225 ILCS 310/4 from Ch. 111, par. 8204
24 225 ILCS 320/3 from Ch. 111, par. 1103
25 225 ILCS 325/3 from Ch. 111, par. 5203
26 225 ILCS 325/4 from Ch. 111, par. 5204
27 225 ILCS 325/5 from Ch. 111, par. 5205
28 225 ILCS 325/6 from Ch. 111, par. 5206
29 225 ILCS 325/7 from Ch. 111, par. 5207
30 225 ILCS 325/8 from Ch. 111, par. 5208
31 225 ILCS 325/10 from Ch. 111, par. 5210
32 225 ILCS 325/12 from Ch. 111, par. 5212
33 225 ILCS 325/14 from Ch. 111, par. 5214
34 225 ILCS 325/15 from Ch. 111, par. 5215
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1 225 ILCS 325/17.5 new
2 225 ILCS 325/20 from Ch. 111, par. 5220
3 225 ILCS 325/23 from Ch. 111, par. 5223
4 225 ILCS 325/24 from Ch. 111, par. 5224
5 225 ILCS 325/44 from Ch. 111, par. 5244
6 225 ILCS 325/47 from Ch. 111, par. 5247
7 225 ILCS 330/4 from Ch. 111, par. 3254
8 225 ILCS 330/6 from Ch. 111, par. 3256
9 225 ILCS 330/7 from Ch. 111, par. 3257
10 225 ILCS 330/8 from Ch. 111, par. 3258
11 225 ILCS 330/10 from Ch. 111, par. 3260
12 225 ILCS 330/12 from Ch. 111, par. 3262
13 225 ILCS 330/13 from Ch. 111, par. 3263
14 225 ILCS 330/14 from Ch. 111, par. 3264
15 225 ILCS 330/15 from Ch. 111, par. 3265
16 225 ILCS 330/18.5 new
17 225 ILCS 330/21 from Ch. 111, par. 3271
18 225 ILCS 330/25 from Ch. 111, par. 3275
19 225 ILCS 330/27 from Ch. 111, par. 3277
20 225 ILCS 330/48 from Ch. 111, par. 3298
21 225 ILCS 340/2 from Ch. 111, par. 6602
22 225 ILCS 340/4 from Ch. 111, par. 6604
23 225 ILCS 340/6 from Ch. 111, par. 6606
24 225 ILCS 340/7 from Ch. 111, par. 6607
25 225 ILCS 340/8 from Ch. 111, par. 6608
26 225 ILCS 340/9 from Ch. 111, par. 6609
27 225 ILCS 340/10 from Ch. 111, par. 6610
28 225 ILCS 340/11 from Ch. 111, par. 6611
29 225 ILCS 340/12 from Ch. 111, par. 6612
30 225 ILCS 340/14.5 new
31 225 ILCS 340/16 from Ch. 111, par. 6616
32 225 ILCS 340/17 from Ch. 111, par. 6617
33 225 ILCS 340/19 from Ch. 111, par. 6619
34 225 ILCS 340/20 from Ch. 111, par. 6620
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1 225 ILCS 446/30
2 225 ILCS 745/20
3 410 ILCS 25/7 from Ch. 111 1/2, par. 3717
4 805 ILCS 10/3.6 from Ch. 32, par. 415-3.6