Illinois General Assembly - Bill Status for SB1384
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 Bill Status of SB1384  96th General Assembly


Short Description:  PROF ENGINEERING PRACTICE ACT

Senate Sponsors
Sen. William R. Haine - Dale E. Risinger

House Sponsors
(Rep. David E. Miller)

Last Action
DateChamber Action
  8/24/2009SenatePublic Act . . . . . . . . . 96-0626

Statutes Amended In Order of Appearance
5 ILCS 80/4.20
5 ILCS 80/4.30 new
225 ILCS 325/3from Ch. 111, par. 5203
225 ILCS 325/4from Ch. 111, par. 5204
225 ILCS 325/6from Ch. 111, par. 5206
225 ILCS 325/7from Ch. 111, par. 5207
225 ILCS 325/8from Ch. 111, par. 5208
225 ILCS 325/10from Ch. 111, par. 5210
225 ILCS 325/17from Ch. 111, par. 5217
225 ILCS 325/19from Ch. 111, par. 5219
225 ILCS 325/21from Ch. 111, par. 5221
225 ILCS 325/42from Ch. 111, par. 5242


Synopsis As Introduced
Amends the Regulatory Sunset Act. Extends the repeal date of the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Professional Engineering Practice Act of 1989. Provides that services performed by employees of a business organization engaged in telecommunications are exempt from the Act. Provides additional examples of "professional engineering practice". Changes the definition of "technical submissions" and provides additional examples. Provides that the Department may grant the title "Professional Engineer, Retired" and by rule exempt from continuing education requirements those who are granted the title. Further provides that those persons granted the title "Professional Engineer, Retired" may request restoration to active status under the applicable provisions of the Act. Makes other changes. Effective immediately.

Senate Floor Amendment No. 1
Adds reference to:
225 ILCS 325/5from Ch. 111, par. 5205
225 ILCS 325/9from Ch. 111, par. 5209
225 ILCS 325/11from Ch. 111, par. 5211
225 ILCS 325/14from Ch. 111, par. 5214
225 ILCS 325/15from Ch. 111, par. 5215
225 ILCS 325/16from Ch. 111, par. 5216
225 ILCS 325/24from Ch. 111, par. 5224
225 ILCS 325/26from Ch. 111, par. 5226
225 ILCS 325/27.5 new
225 ILCS 325/29from Ch. 111, par. 5229
225 ILCS 325/31from Ch. 111, par. 5231
225 ILCS 325/32from Ch. 111, par. 5232
225 ILCS 325/33from Ch. 111, par. 5233
225 ILCS 325/34from Ch. 111, par. 5234
225 ILCS 325/36from Ch. 111, par. 5236
225 ILCS 325/43from Ch. 111, par. 5243

Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Professional Engineering Practice Act of 1989. Makes changes in provisions concerning application of the Act, definitions, powers and duties of the Department of Financial and Professional Regulation, the composition and qualifications of the State Board of Professional Engineers, the powers and duties of the Board, application for licensure, minimum standards for examination for licensure as a professional engineer, minimum standards for examination for enrollment as an engineer intern, the engineer's seal, technical submissions, issuance of a license, endorsement, rosters, grounds for disciplinary action, investigations, restoration of a suspended or revoked license, and civil penalties. Adds provisions concerning the title "Professional Engineer, Retired" and subpoenas, depositions, and oaths. Changes references throughout the Act from "Director" to "Secretary". Makes other changes. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
225 ILCS 325/15
Adds reference to:
5 ILCS 80/4.20
5 ILCS 80/4.30 new
225 ILCS 325/3from Ch. 111, par. 5203
225 ILCS 325/4from Ch. 111, par. 5204
225 ILCS 325/5from Ch. 111, par. 5205
225 ILCS 325/6from Ch. 111, par. 5206
225 ILCS 325/7from Ch. 111, par. 5207
225 ILCS 325/8from Ch. 111, par. 5208
225 ILCS 325/9from Ch. 111, par. 5209
225 ILCS 325/10from Ch. 111, par. 5210
225 ILCS 325/11from Ch. 111, par. 5211
225 ILCS 325/14from Ch. 111, par. 5214
225 ILCS 325/16from Ch. 111, par. 5216
225 ILCS 325/17from Ch. 111, par. 5217
225 ILCS 325/19from Ch. 111, par. 5219
225 ILCS 325/21from Ch. 111, par. 5221
225 ILCS 325/24from Ch. 111, par. 5224
225 ILCS 325/26from Ch. 111, par. 5226
225 ILCS 325/27.5 new
225 ILCS 325/29from Ch. 111, par. 5229
225 ILCS 325/31from Ch. 111, par. 5231
225 ILCS 325/32from Ch. 111, par. 5232
225 ILCS 325/33from Ch. 111, par. 5233
225 ILCS 325/34from Ch. 111, par. 5234
225 ILCS 325/36from Ch. 111, par. 5236
225 ILCS 325/42from Ch. 111, par. 5242
225 ILCS 325/43from Ch. 111, par. 5243
225 ILCS 330/4from Ch. 111, par. 3254
225 ILCS 330/5from Ch. 111, par. 3255
225 ILCS 330/6from Ch. 111, par. 3256
225 ILCS 330/7from Ch. 111, par. 3257
225 ILCS 330/8from Ch. 111, par. 3258
225 ILCS 330/9from Ch. 111, par. 3259
225 ILCS 330/10from Ch. 111, par. 3260
225 ILCS 330/12from Ch. 111, par. 3262
225 ILCS 330/13from Ch. 111, par. 3263
225 ILCS 330/16.5
225 ILCS 330/18from Ch. 111, par. 3268
225 ILCS 330/19from Ch. 111, par. 3269
225 ILCS 330/23from Ch. 111, par. 3273
225 ILCS 330/25from Ch. 111, par. 3275
225 ILCS 330/27from Ch. 111, par. 3277
225 ILCS 330/28from Ch. 111, par. 3278
225 ILCS 330/29from Ch. 111, par. 3279
225 ILCS 330/30from Ch. 111, par. 3280
225 ILCS 330/31from Ch. 111, par. 3281
225 ILCS 330/33from Ch. 111, par. 3283
225 ILCS 330/34from Ch. 111, par. 3284
225 ILCS 330/35from Ch. 111, par. 3285
225 ILCS 330/36from Ch. 111, par. 3286
225 ILCS 330/36.1from Ch. 111, par. 3286.1
225 ILCS 330/37from Ch. 111, par. 3287
225 ILCS 330/40from Ch. 111, par. 3290
225 ILCS 330/43from Ch. 111, par. 3293

Deletes everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Professional Land Surveyor Act of 1989 and the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Professional Engineering Practice Act of 1989. Replaces all references to "Director" with "Secretary". In a provision concerning exemption from the Act for services performed by certain business organizations, provides that services performed by employees of a business organization engaged in telecommunications are exempt. Exempts from the Act the regular and customary practice of a private alarm contractor who is licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Exempts from the Act the providing of fire protection system layout documents by a fire sprinkler contractor licensed under the Fire Sprinkler Contractor Licensing Act. Defines "fire protection system layout documents" and "address of record". Provides that a building permit for a building that requires a fire suppression system shall not be issued without the submission of a technical submission prepared and sealed by a licensed design professional. Provides that the Department of Financial and Professional Regulation may further define "direct supervision/responsible charge" by rule. Provides additional practices that are "professional engineering practice". In a provision providing examples of the practice of professional engineering, provides that nothing in the provision imposes upon a person licensed under the Act the responsibility for the performance of any of the functions listed in the provision unless such person specifically contracts to perform such functions. Changes the definition of "technical submissions". Provides that prior to the Department issuing any final decision or order that deviates from any report or recommendations of the Board relating to qualifications of applicants, disciplinary actions, or promulgation of rules, the Secretary of the Department must notify the State Board of Professional Engineers in writing with an explanation of any such deviation (now, the Secretary is required to wait 30 days for the Board's written comments). Allows the Department to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Board. In a provision concerning the Board, provides that no member shall be reappointed to the Board for a term which would cause that individual's lifetime (instead of continuous) service on the Board to be longer than 15 years, prohibits the public member from holding a license as an architect, professional engineer, structural engineer, or land surveyor (now, an employee of the State), provides that a quorum shall consist of 6 members (now, a majority) and that a quorum is required for Board decisions, and provides that members may receive compensation as determined by the Secretary (now, shall receive compensation when attending Board meetings or meetings approved by the Secretary). Provides that an engineer shall be responsible for his or her seal and signature as defined by rule. Provides that any licensee who chooses to deactivate or not renew his or her license may use the title "Professional Engineer, Retired". Further provides that those persons using the title "Professional Engineer, Retired" shall not be permitted to practice engineering, but may request restoration to active status under the applicable provisions of the Act. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department shall take disciplinary action in cases where the Department of Healthcare and Family Services (formerly the Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Makes changes concerning license applications and qualifications, endorsement, names and addresses, disciplinary action, subpoenas, depositions, and oaths, restoration of a suspended or revoked license, and penalties. Makes other changes. Amends the Illinois Professional Land Surveyor Act of 1989. Replaces all references to "Director" with "Secretary". Provides additional practices that constitute the practice of land surveying. In a provision defining the practice of land surveying, provides that nothing in the provision imposes upon a person licensed under the Act the responsibility for the performance of any of the foregoing functions constituting the practice of land surveying unless such person specifically contracts to perform such functions. Allows the Department of Financial and Professional Regulation to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Land Surveyors Licensing Board. Provides that the Secretary of the Department may (instead of shall) consider the advice and recommendations of the Board on issues involving standards of professional conduct, discipline, and qualifications of the candidates and licensees under the Act. Provides that a quorum of the Board shall consist of 4 members and that a quorum is required for all Board decisions. In a provision concerning the qualifications of a person applying for license as a Professional Land Surveyor, adds the requirement that the applicant must have a baccalaureate degree in a related science if he or she does not have a baccalaureate degree in land surveying from an accredited college or university. In a provision concerning the qualifications of a person applying for license as a Licensed Land Surveyor-in-Training, adds the requirement that the applicant must have either (1) an Associate of Science degree in surveying or a related science, at least 24 semester hours of land surveying courses from a Board approved curriculum of an accredited institution, and at least 2 years of land surveying experience verified by a professional land surveyor that was in direct supervision and control of his or her activities, or (2) a high school diploma or equivalent, at least 24 semester hours of land surveying courses from a Board approved curriculum of an accredited institution, and at least 4 years of land surveying experience verified by a professional land surveyor that was in direct supervision and control of his or her activities. Provides that the Department shall take disciplinary action in cases where the Department of Healthcare and Family Services (formerly the Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department. Provides that the Department shall take disciplinary action against any person that commits certain tax violations. Makes changes concerning Department powers and duties, Board members and their powers and duties, deviations from Board recommendations, license applications and qualifications, the seal, unlicensed practice, inactive status, continuing education, names and addresses, professional design firms, disciplinary action, injunctions and cease and desist orders, investigations and hearings, subpoenas, depositions, and oaths, and penalties. Effective immediately.

Actions 
DateChamber Action
  2/11/2009SenateFiled with Secretary by Sen. William R. Haine
  2/11/2009SenateFirst Reading
  2/11/2009SenateReferred to Assignments
  2/18/2009SenateAssigned to Licensed Activities
  2/19/2009SenateAdded as Chief Co-Sponsor Sen. Dale E. Risinger
  3/6/2009SenateDo Pass Licensed Activities; 007-000-000
  3/6/2009SenatePlaced on Calendar Order of 2nd Reading March 10, 2009
  3/25/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/25/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/30/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Licensed Activities
  3/31/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Licensed Activities; 007-001-000
  3/31/2009SenateSecond Reading
  3/31/2009SenateSenate Floor Amendment No. 1 Adopted; Haine
  3/31/2009SenatePlaced on Calendar Order of 3rd Reading April 1, 2009
  4/2/2009SenateThird Reading - Passed; 058-000-000
  4/2/2009HouseArrived in House
  4/2/2009HousePlaced on Calendar Order of First Reading
  4/2/2009HouseChief House Sponsor Rep. David E. Miller
  4/2/2009HouseFirst Reading
  4/2/2009HouseReferred to Rules Committee
  4/20/2009HouseAssigned to Executive Committee
  5/8/2009HouseCommittee/Final Action Deadline Extended-9(b) May 22, 2009
  5/19/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee
  5/19/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/19/2009HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000
  5/19/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2009HouseSecond Reading - Short Debate
  5/19/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  5/22/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2009HouseThird Reading - Short Debate - Passed 112-000-000
  5/22/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/22/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 26, 2009
  5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/26/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities
  5/26/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities; 008-000-000
  5/27/2009SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/27/2009SenatePassed Both Houses
  6/25/2009SenateSent to the Governor
  8/24/2009SenateGovernor Approved
  8/24/2009SenateEffective Date August 24, 2009
  8/24/2009SenatePublic Act . . . . . . . . . 96-0626

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