State of Illinois
91st General Assembly
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91_HB2647eng

 
HB2647 Engrossed                              LRB9100291ACtmA

 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  Sunset  Act  is  amended  by
 6    changing Section 4.10 and adding Section 4.20 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  The following Acts are repealed December 31,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 80/4.20 new)
22        Sec.  4.20.   Acts  repealed  on  January  1,  2010.  The
23    following Acts are repealed on January 1, 2010:
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 15.  The  Architectural,  Engineering,  and  Land
29    Surveying  Qualifications  Based  Selection Act is amended by
 
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 1    changing Sections 15 and 65 as follows:

 2        (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
 3        Sec. 15.  Definitions.  As used in this Act:
 4        "Architectural services" means any  professional  service
 5    as defined in Section 5 of the Illinois Architecture Practice
 6    Act of 1989.
 7        "Engineering  services" means any professional service as
 8    defined in Section 4 of the Professional Engineering Practice
 9    Act of 1989  or  Section  5  of  the  Structural  Engineering
10    Practice Licensing Act of 1989.
11        "Firm"  means  any individual, sole proprietorship, firm,
12    partnership, corporation, association, or other legal  entity
13    permitted  by law to practice the profession of architecture,
14    engineering, or land surveying and provide those services.
15        "Land surveying services" means any professional  service
16    as  defined  in  Section  5 of the Illinois Professional Land
17    Surveyor Act of 1989.
18        "Project" means any capital improvement  project  or  any
19    design,  study,  plan,  survey,  or  new  or existing program
20    activity of a State agency, including development of  new  or
21    existing programs that require architectural, engineering, or
22    land surveying services.
23        "State agency" means any department, commission, council,
24    board,  bureau,  committee,  institution, agency, university,
25    government corporation, authority, or other establishment  or
26    official of this State.
27    (Source: P.A. 87-673.)

28        (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
29        Sec.  65.  Scope.  No person, corporation, or partnership
30    licensed  or  registered  under  the  Illinois   Architecture
31    Practice  Act  of 1989, the Professional Engineering Practice
32    Act of 1989, the Structural  Engineering  Practice  Licensing
 
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 1    Act  of  1989, or the Illinois Professional Land Surveyor Act
 2    of 1989 shall engage in any act or conduct, or be a party  to
 3    any contract, or agreement, in violation of the provisions of
 4    this Act.
 5    (Source: P.A. 87-673.)

 6        Section  20.   The Local Government Professional Services
 7    Selection Act is amended by changing Section 3 as follows:

 8        (50 ILCS 510/3) (from Ch. 85, par. 6403)
 9        Sec. 3.  Definitions.  As used in  this  Act  unless  the
10    context specifically requires otherwise:
11        (1)  "Firm"  means  any  individual,  firm,  partnership,
12    corporation,  association  or other legal entity permitted by
13    law to practice the profession of  architecture,  engineering
14    or  land  surveying and provide architectural, engineering or
15    land surveying services.
16        (2)  "Architectural  services"  means  any   professional
17    service as defined in Section 5  of the Illinois Architecture
18    Practice Act of 1989.
19        (3)  "Engineering   services"   means   any  professional
20    service  as  defined  in  Section  4  of   the   Professional
21    Engineering  Practice  Act  of  1989  or  Section  5  of  the
22    Structural Engineering Practice Licensing Act of 1989.
23        (4)  "Land  surveying  services"  means  any professional
24    service as defined in Section 5 of the Illinois  Professional
25    Land Surveyor Act of 1989.
26        (5)  "Political  subdivision"  means  any school district
27    and any unit of local  government  of  fewer  than  3,000,000
28    inhabitants, except home rule units.
29        (6)  "Project"  means  any capital improvement project or
30    any study, plan, survey or new or existing  program  activity
31    of  a  political subdivision, including development of new or
32    existing programs which require architectural, engineering or
 
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 1    land surveying services.
 2    (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)

 3        Section 25.  The Civil Administrative Code of Illinois is
 4    amended by changing Section 62.1 as follows:

 5        (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
 6        Sec.  62.1.  Design  Professionals  Dedicated  Employees.
 7    There is established within the  Department  of  Professional
 8    Regulation  certain design professionals dedicated employees.
 9    These  employees  shall  be  devoted   exclusively   to   the
10    administration  and  enforcement of the Illinois Architecture
11    Practice Act, the Illinois Professional Land Surveyor Act  of
12    1989,  the Professional Engineering Practice Act of 1989, and
13    the Structural Engineering Practice Licensing  Act  of  1989.
14    The   design   professionals  dedicated  employees  that  the
15    Director shall employ, in conformity with the Personnel Code,
16    at a minimum shall consist of one full-time design  licensing
17    Coordinator, one full-time Assistant Coordinator, 4 full-time
18    licensing  clerks,  one  full-time  attorney, and 2 full-time
19    investigators. These employees shall work exclusively in  the
20    licensing  and  enforcement of the design profession Acts set
21    forth in this Section and shall not be used for the licensing
22    and enforcement of any other  Act  or  other  duties  in  the
23    Department of Professional Regulation.
24    (Source: P.A. 87-781.)

25        Section  30.   The  Illinois Architecture Practice Act of
26    1989 is amended by changing Sections 3, 8, 9, 10, 11, 12, 13,
27    14, 19, 21, 22, and 38 and adding Section 16.5 as follows:

28        (225 ILCS 305/3) (from Ch. 111, par. 1303)
29        Sec. 3.  Application of Act.  Nothing in this  Act  shall
30    be  deemed or construed to prevent the practice of structural
 
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 1    engineering as defined in the Structural Engineering Practice
 2      Licensing  Act  of  1989,  the  practice  of   professional
 3    engineering   as  defined  in  the  Professional  Engineering
 4    Practice Act of 1989, or the preparation of documents used to
 5    prescribe   work   to   be   done   inside   buildings    for
 6    non-loadbearing  interior construction, furnishings, fixtures
 7    and  equipment,   or   the   offering   or   preparation   of
 8    environmental  analysis,  feasibility studies, programming or
 9    construction management services by persons other than  those
10    licensed   in   accordance  with  this  Act,  the  Structural
11    Engineering  Practice  Licensing   Act   of   1989   or   the
12    Professional Engineering Practice Act of 1989.
13        Nothing   contained   in   this  Act  shall  prevent  the
14    draftsmen,  students,  project  representatives   and   other
15    employees of those lawfully practicing as licensed architects
16    under  the  provisions  of  this  Act,  from acting under the
17    direct supervision and control  of  their  employers,  or  to
18    prevent   the   employment  of  project  representatives  for
19    enlargement or alteration of buildings or any parts  thereof,
20    or prevent such project representatives from acting under the
21    direct  supervision  and control of the licensed architect by
22    whom  the  construction  documents  including  drawings   and
23    specifications   of   any   such   building,  enlargement  or
24    alteration were prepared.
25        Nothing in this Act or any  other  Act  shall  prevent  a
26    registered   architect   from   practicing   interior  design
27    services.   Nothing  in  this  Act  shall  be  construed   as
28    requiring  the  services  of  an  interior  designer  for the
29    interior designing of a single family residence.
30        This Act does not apply to any of the following:
31             (A)  The building, remodeling or  repairing  of  any
32        building  or  other  structure  outside  of the corporate
33        limits of any city or village,  where  such  building  or
34        structure  is  to  be, or is used for farm residential or
 
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 1        farm purposes, or for the  purposes  of  outbuildings  or
 2        auxiliary  buildings  in connection with such residential
 3        or farm premises.
 4             (B)  The construction, remodeling or repairing of  a
 5        detached single family residence on a single lot.
 6             (C)  The  construction, remodeling or repairing of a
 7        two-family residence of  wood  frame  construction  on  a
 8        single  lot,  not  more  than two stories and basement in
 9        height.
10             (D)  Interior design services for buildings which do
11        not involve life safety or structural changes.
12        However, all buildings  not  included  in  the  preceding
13    paragraphs  (A) through (D), including multi-family buildings
14    and buildings previously exempt under  those  paragraphs  but
15    subsequently  non-exempt due to a change in occupancy or use,
16    are subject  to  the  requirements  of  this  Act.   Interior
17    alterations which result in life safety or structural changes
18    of the building are subject to the requirements of this Act.
19    (Source: P.A. 87-435; 88-650, eff. 9-16-94.)

20        (225 ILCS 305/8) (from Ch. 111, par. 1308)
21        Sec. 8.  Powers and duties of the Department.  Subject to
22    the provisions of this Act, the Department shall exercise the
23    following functions, powers and duties:
24        (a)  Conduct examinations to ascertain the qualifications
25    and   fitness   of   applicants  for  licensure  as  licensed
26    architects, and pass upon the qualifications and  fitness  of
27    applicants for licensure by endorsement;
28        (b)  Prescribe  rules  for  a  method  of  examination of
29    candidates;
30        (c)  Prescribe rules defining what constitutes a  school,
31    college  or  university,  or  department  of a university, or
32    other  institution,  reputable  and  in  good  standing,   to
33    determine  whether or not a school, college or university, or
 
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 1    department of a university, or other institution is reputable
 2    and in good standing by reference to a compliance  with  such
 3    rules,  and to terminate the approval of such school, college
 4    or  university  or  department  of  a  university  or   other
 5    institution  that  refuses admittance to applicants solely on
 6    the basis of race, color, creed, sex or national origin.  The
 7    Department may adopt, as its own rules relating to  education
 8    requirements, those guidelines published from time to time by
 9    the National Architectural Accrediting Board;
10        (d)  Prescribe   rules   for   diversified   professional
11    training;
12        (e)  Conduct  oral  interviews,  disciplinary conferences
13    and formal evidentiary  hearings  on  proceedings  to  impose
14    fines  or  to  suspend, revoke, place on probationary status,
15    reprimand, and refuse to issue or restore any license  issued
16    under the provisions of this Act for the reasons set forth in
17    Section 22 of this Act;
18        (f)  Issue licenses to those who meet the requirements of
19    this Act; and
20        (g)  Formulate and publish rules necessary or appropriate
21    to carrying out the provisions of this Act.
22        (h)  To  maintain  membership  in the National Council of
23    Architectural  Registration   Boards   and   participate   in
24    activities  of  the Council by designation of individuals for
25    the various classifications of membership and the appointment
26    of delegates for attendance at regional and national meetings
27    of the Council.  All costs  associated  with  membership  and
28    attendance  of such delegates to any national meetings may be
29    funded  from  the  Design  Professionals  Administration  and
30    Investigation Fund.
31        Prior to issuance of any final  decision  or  order  that
32    deviates  from  any  report  or  recommendation  of the Board
33    relating to the qualification of  applicants,  discipline  of
34    licensees  or  registrants,  or  promulgation  of  rules, the
 
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 1    Director  shall  notify  the  Board  in   writing   with   an
 2    explanation  of  any  such deviation and provide a reasonable
 3    time for the Board to submit writing comments to the Director
 4    regarding the proposed action.  In the event that  the  Board
 5    fails  or  declines to submit such written comments within 30
 6    days of said notification, the Director  may  issue  a  final
 7    decision  or  orders  consistent with the Director's original
 8    decision.  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    (Source: P.A. 86-702.)

12        (225 ILCS 305/9) (from Ch. 111, par. 1309)
13        Sec. 9.  Creation  of  the  Board.   The  Director  shall
14    appoint  an Architecture Architect Licensing Board which will
15    consist of  6  members.    Five  members  shall  be  licensed
16    architects,  one  of  whom  shall  be a tenured member of the
17    architectural faculty of the  University  of  Illinois.   The
18    other 4 shall be licensed architects, residing in this State,
19    who  have  been  engaged  in  the practice of architecture at
20    least 10 years.  In addition to the  5  licensed  architects,
21    there shall be one public member.  The public member shall be
22    a voting member and shall not hold a license as an architect,
23    professional engineer, structural engineer or land surveyor.
24        Board  members  shall  serve 5 year terms and until their
25    successors are  appointed  and  qualified.  For  the  initial
26    appointments made under this Act, however, 2 members shall be
27    appointed  to serve for a period of one year, 2 members shall
28    be appointed to serve for a period of 3 years, and one member
29    shall be appointed for a  period  of  5  years.   The  public
30    member  shall  be appointed to an initial term of 5 years. In
31    making the designation of persons to the Board, the  Director
32    shall  give  due  consideration to recommendations by members
33    and organizations of the profession.
 
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 1        The membership of the  Board  should  reasonably  reflect
 2    representation from the geographic areas in this State.
 3        No  member  shall  be reappointed to the Board for a term
 4    which would cause his or her continuous service on the  Board
 5    to  be longer than 10 successive years.  Service prior to the
 6    effective date of this Act shall not be considered.
 7        Appointments to fill vacancies shall be made in the  same
 8    manner as original appointments, for the unexpired portion of
 9    the  vacated  term.    Initial  terms  shall  begin  upon the
10    effective date of this Act and Board  members  in  office  on
11    that  date  under  the  predecessor  Act  may be appointed to
12    specific terms as indicated in this Section.
13        Persons holding office as members of the Board under  the
14    Illinois  Architecture Act immediately prior to the effective
15    date of this Act shall continue as members of the Board under
16    this Act until the expiration of the term for which they were
17    appointed  and  until  their  successors  are  appointed  and
18    qualified.
19        A quorum of the Board shall  consist  of  a  majority  of
20    Board  members  currently  appointed.  A majority vote of the
21    quorum is required for Board decisions.  Four  members  shall
22    constitute  a  quorum  of  Board members.  The Chairman shall
23    only vote on all matters to come before the Board in the case
24    of a tie vote.
25        The Director may remove  any  member  of  the  Board  for
26    misconduct,  incompetence,  neglect  of  duty, or for reasons
27    prescribed by law for removal of State officials.
28        The Director may remove a member of the  Board  who  does
29    not attend 2 consecutive meetings.
30        The  Director may terminate the appointment of any member
31    for cause which in the opinion  of  the  Director  reasonably
32    justifies such termination.
33        Notice of proposed rulemaking shall be transmitted to the
34    Board  and  the  Department  shall review the response of the
 
HB2647 Engrossed           -10-               LRB9100291ACtmA
 1    Board and any recommendations made therein.   The  Department
 2    may, at any time, seek the expert advice and knowledge of the
 3    Board  on  any  matter  relating  to  the  administration  or
 4    enforcement of this Act.
 5        Members  of  the Board are immune from suit in any action
 6    based upon any disciplinary proceedings or  other  activities
 7    performed in good faith as members of the Board.
 8    (Source: P.A. 86-702; 87-593.)

 9        (225 ILCS 305/10) (from Ch. 111, par. 1310)
10        Sec. 10.  Powers and duties of the Board.
11        (a) The Board shall hold at least 3 regular meetings each
12    year.;
13        (b)  The  Board  shall annually elect a Chairperson and a
14    Vice Chairperson Chairman who shall be a licensed architects.
15     architect;
16        (c)  The Board, upon request by the Department, may  make
17    a  curriculum  evaluation  to determine if courses conform to
18    the requirements of approved architectural programs.;
19        (d)  The Board shall assist the Department in  conducting
20    oral   interviews,   disciplinary   conferences   and  formal
21    evidentiary hearings.;
22        (e)  The Department may, at any  time,  seek  the  expert
23    advice  and  knowledge of the Board on any matter relating to
24    the enforcement of this Act.;
25        (f)  The Board may appoint a subcommittee to serve  as  a
26    Complaint  Committee  to  recommend  the  disposition of case
27    files according to procedures established by rule.;
28        (g)  The Board shall review applicant  qualifications  to
29    sit  for  the  examination  or  for  licensure and shall make
30    recommendations to  the  Department.   The  Department  shall
31    review    the    Board's    recommendations    on   applicant
32    qualifications.  The  Director  shall  notify  the  Board  in
33    writing with an explanation of any deviation from the Board's
 
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 1    recommendation  on applicant qualifications.  After review of
 2    the Director's written explanation of his or her reasons  for
 3    deviation,  the  Board  shall have the opportunity to comment
 4    upon the Director's decision.
 5        (h)  The Board  shall  submit  written  comments  to  the
 6    Director  within  30  days  from  notification  of  any final
 7    decision or order from the Director that  deviates  from  any
 8    report  or  recommendation  of  the  Board  relating  to  the
 9    qualifications  of  applicants,  discipline  of  licensees or
10    registrants, or promulgation of rules.
11    (Source: P.A. 88-428.)

12        (225 ILCS 305/11) (from Ch. 111, par. 1311)
13        Sec. 11.  Application for original license.  Applications
14    for original licensure shall be made  to  the  Department  in
15    writing  on  forms  prescribed by the Department and shall be
16    accompanied by the required fee,  which  is  not  refundable.
17    Any  such  application  shall  require  information as in the
18    judgment of the Department will enable the Department to pass
19    on  the  qualifications  of   the   applicant   to   practice
20    architecture. The Department may require an applicant, at the
21    applicant's expense, to have an evaluation of the applicant's
22    education  in  a  foreign  country by a nationally recognized
23    educational body approved by the  Board  in  accordance  with
24    rules prescribed by the Department.
25        An  applicant  who  has  graduated  from an architectural
26    program outside the United  States  or  its  territories  and
27    whose   first   language   is   not   English   shall  submit
28    certification of passage of the Test of English as a  Foreign
29    Language  (TOEFL)  and  the  Test  of Spoken English (TSE) as
30    defined by rule before taking the licensure examination.
31    (Source: P.A. 89-594, eff. 8-1-96.)

32        (225 ILCS 305/12) (from Ch. 111, par. 1312)
 
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 1        Sec. 12.  Examinations; subjects; failure or  refusal  to
 2    take examination.  The Department shall authorize examination
 3    of  applicants  as  architects at such times and places as it
 4    may determine.  The examination shall be in English and shall
 5    be written or written and graphic.  It  shall  include  at  a
 6    minimum the following subjects:
 7             (a)  pre-design       (environmental       analysis,
 8        architectural  programming, and application of principles
 9        of project management  and  coordination),  environmental
10        analysis and programming;
11             (b)  site   planning   (site  analysis,  design  and
12        development,   parking,   and   application   of   zoning
13        requirements) design;
14             (c)  building  planning  (conceptual   planning   of
15        functional  and  space  relationships,  building  design,
16        interior  space  layout,  barrier-free  design,  and  the
17        application  of  the  life  safety  code requirements and
18        principles of energy efficient design) design;
19             (d)  building technology (application of  structural
20        systems,   building   components,   and   mechanical  and
21        electrical systems) structural technology (general,  long
22        span, and lateral);
23             (e)  general structures (identification, resolution,
24        and incorporation of structural systems and the long span
25        design   on  the  technical  aspects  of  the  design  of
26        buildings and the process and construction)  life  safety
27        codes and technology, and energy efficient design;
28             (f)  lateral  forces  (identification and resolution
29        of the effects of lateral forces on the technical aspects
30        of  the  design  of  buildings   and   the   process   of
31        construction) barrier free design;
32             (g)  mechanical,  plumbing,  and  electrical systems
33        (as  applied  to  the  design  of  buildings,   including
34        plumbing   and   acoustical   systems)   (principles   of
 
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 1        sanitation and ventilation as applied to buildings);
 2             (h)  materials and methods (as related to the design
 3        of buildings and the technical aspects of construction);
 4        and
 5             (i)  construction documents and services (conduct of
 6        architectural  practice  as  it  relates  to construction
 7        documents, bidding, and construction  administration  and
 8        contractual documents from beginning to end of a building
 9        project).,   technical   submissions,   and  professional
10        practice,  including  the  contractual   duties   of   an
11        architect; and
12             It  shall  be the responsibility of the applicant to
13        be familiar with this Act and its rules.
14        Examination subject matter headings and  bases  on  which
15    examinations   are   graded   shall  be  indicated  in  rules
16    pertaining  to  this  Act.   The  Department  may  adopt  the
17    examinations and grading procedures of the  National  Council
18    of   Architectural   Registration  Boards.   Content  of  any
19    particular examination shall not be considered public  record
20    under the Freedom of Information Act.
21        If  an  applicant  neglects without an approved excuse or
22    refuses to take the next available  examination  offered  for
23    licensure under this Act, the fee paid by the applicant shall
24    be  forfeited.   If an applicant fails to pass an examination
25    for licensure under this Act within 3 6 years after filing an
26    application, the application shall be denied.  The  applicant
27    may,   however,   make  a  new  application  for  examination
28    accompanied by the required fee and  must  furnish  proof  of
29    meeting  the  qualifications for examination in effect at the
30    time of the new application.
31        The Department may by rule prescribe additional  subjects
32    for examination.
33        An  applicant  has one year from the date of notification
34    of successful completion of all the examination  requirements
 
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 1    to  apply  to  the Department for a license.  If an applicant
 2    fails to apply  within  one  year,  the  applicant  shall  be
 3    required to again take and pass the examination.
 4    (Source: P.A. 86-702; 87-593.)

 5        (225 ILCS 305/13) (from Ch. 111, par. 1313)
 6        Sec.  13.   Qualifications of applicants.  Any person who
 7    is of good  moral  character  may  take  an  examination  for
 8    licensure   if   he  or  she  is  a  graduate  with  a  first
 9    professional degree in architecture from a program accredited
10    by the  National  Architectural  Accrediting  Board  and  has
11    completed  such  diversified professional training, including
12    academic training, as is required by rules of the Department.
13    In lieu  of  the  requirement  of  graduation  with  a  first
14    professional degree in architecture from a program accredited
15    by   the   National   Architectural  Accrediting  Board,  the
16    Department may admit an applicant who is a  graduate  with  a
17    pre-professional  4  year  baccalaureate  degree accepted for
18    direct entry into a first professional master of architecture
19    degree  program,  and  who  has  completed  such   additional
20    diversified   professional   training,   including   academic
21    training,  as  is  required  by rules of the Department.  The
22    Department  may  adopt,  as  its  own   rules   relating   to
23    diversified professional training, those guidelines published
24    from  time  to  time by the National Council of Architectural
25    Registration Boards.
26        Good moral character means such character as will  enable
27    a person to discharge the fiduciary duties of an architect to
28    that  person's  client  and  to  the public in a manner which
29    protects health, safety and welfare.  Evidence  of  inability
30    to  discharge  such  duties  may include the commission of an
31    offense justifying discipline under Section 19.  In addition,
32    the  Department  may  take  into  consideration  whether  the
33    applicant has  engaged  in  conduct  or  actions  that  would
 
HB2647 Engrossed           -15-               LRB9100291ACtmA
 1    constitute  grounds  for discipline under this Act any felony
 2    conviction of the applicant, but such a conviction shall  not
 3    operate  as  an absolute bar to qualification for examination
 4    for licensure.
 5    (Source: P.A. 89-387, eff. 8-20-95.)

 6        (225 ILCS 305/14) (from Ch. 111, par. 1314)
 7        Sec. 14.  Display of license; Seal.  Every  holder  of  a
 8    license  as  a  licensed  architect  shall  display  it  in a
 9    conspicuous place in the principal office of the architect.
10        Every licensed architect shall have a reproducible  seal,
11    or  facsimile,  the  print of which shall contain the name of
12    the architect, the license number, and  the  words  "Licensed
13    Architect,  State of Illinois".  The licensed architect shall
14    affix the signature, current date, date of license expiration
15    and seal to the first sheet of any bound set or loose  sheets
16    of  construction  documents utilized as contract documents or
17    prepared for the review and approval of any  governmental  or
18    public   authority   having  jurisdiction  by  that  licensed
19    architect  or  under   that   licensed   architect's   direct
20    supervision and control.  The sheet of construction documents
21    in  which  the seal is affixed shall indicate those documents
22    or parts thereof for which the seal shall apply. The seal and
23    dates may be electronically affixed.  The signature  must  be
24    in  the  original  handwriting  of  the licensee.  Signatures
25    generated  by  computer  shall   not   be   permitted.    All
26    construction    documents    issued   by   any   corporation,
27    partnership,    professional    service    corporation,    or
28    professional design firm as registered under this  Act  shall
29    contain  the  corporate  or  assumed business name and design
30    firm registration number,  in  addition  to  any  other  seal
31    requirements as set forth in this Section.
32        "Direct supervision and control" means that the architect
33    has  exerted  sufficient  personal  supervision, control, and
 
HB2647 Engrossed           -16-               LRB9100291ACtmA
 1    review  of  the  activities  of  those  employed  to  perform
 2    architectural work to ensure that the construction  documents
 3    produced  by  those  so  employed and sealed by the architect
 4    meet the  standards  of  reasonable  professional  skill  and
 5    diligence  and are of no lesser quality than if they had been
 6    produced personally  by  the  architect.   The  architect  is
 7    obligated  to  have  detailed  professional  knowledge of the
 8    construction  documents  the  architect  seals  and  to  have
 9    exercised professional judgement in all architectural matters
10    embodied in those construction documents.   Merely  reviewing
11    the  construction  documents produced by others, even if they
12    are licensed, does not  constitute  "direct  supervision  and
13    control"  by  the architect unless the architect has actually
14    exercised the supervision and control over the preparation of
15    the construction documents provided for in this Section.
16    (Source: P.A. 86-702; 86-1028.)

17        (225 ILCS 305/16.5 new)
18        Sec. 16.5.  Continuing  education.   The  Department  may
19    promulgate rules of continuing education for persons licensed
20    under   this   Act.    The   Department  shall  consider  the
21    recommendations of the Board in establishing  the  guidelines
22    for  the continuing education requirements.  The requirements
23    of this Section  apply  to  any  person  seeking  renewal  or
24    restoration under Section 16 or 17 of this Act.

25        (225 ILCS 305/19) (from Ch. 111, par. 1319)
26        Sec. 19.  Fees.
27        (a)  The  Department shall provide by rule for a schedule
28    of fees to be paid for licenses by all applicants.  All  fees
29    are not refundable.
30        (b)  The  fees  for the administration and enforcement of
31    this Act, including but not limited  to  original  licensure,
32    renewal,  and  restoration,  shall  be  set  by  rule  by the
 
HB2647 Engrossed           -17-               LRB9100291ACtmA
 1    Department.  The following fees are not refundable.
 2        (a)  Licensure fees.
 3             (1)  The fee for application for a license is $100.
 4             (2)  In addition, applicants for any examination are
 5        required to pay, either  to  the  Department  or  to  the
 6        designated  testing  service,  a fee covering the cost of
 7        determining the applicant's eligibility and providing the
 8        examination.  Failure to appear for  the  examination  on
 9        the  scheduled  date,  at  the  time and place specified,
10        after the applicant's  application  for  examination  has
11        been  received  and acknowledged by the Department or the
12        designated  testing  service,   shall   result   in   the
13        forfeiture of the examination fee.
14             (3)  The   fee   for  a  license  for  an  architect
15        registered or licensed under the laws of another state or
16        territory of the United States or province is $100.
17             (4)  The fee for the renewal of a license  shall  be
18        $60.
19             (5)  The  fee for the restoration of a license other
20        than from inactive status is  $10  plus  payment  of  all
21        lapsed renewal fees.
22             (6)  The  fee  for  application  for a license as an
23        architecture corporation or partnership is $75.
24             (7)  The fee for renewal of a license or certificate
25        of registration as a professional design firm is $75.
26        (b)  General fees.
27             (1)  The  fee  for  the  issuance  of  a   duplicate
28        license,  for the issuance of a replacement license for a
29        license which has been  lost  or  destroyed  or  for  the
30        issuance  of  a  license with a change of name or address
31        other than during the renewal period is $20.  No  fee  is
32        required  for  name  and  address  changes  on Department
33        records when no duplicate license is issued.
34             (2)  The fee for a  certification  of  a  licensee's
 
HB2647 Engrossed           -18-               LRB9100291ACtmA
 1        record for any purpose is $20.
 2             (3)  The  fee  for  rescoring  an examination is the
 3        cost to the Department of rescoring the examination, plus
 4        any fees charged by the  applicable  testing  service  to
 5        have the examination rescored.
 6             (4)  The   fee   for   a  wall  certificate  showing
 7        licensure  is  the  actual   cost   of   producing   such
 8        certificate.
 9             (5)  The  fee for a roster of licensed architects in
10        this State is the actual cost of producing such a roster.
11        
12        All of the fees and  fines  collected  pursuant  to  this
13    Section  shall  be  deposited  in  the  Design  Professionals
14    Professional  Administration  and  Investigation Fund. Of the
15    moneys deposited into the Design Professionals Administration
16    and Investigation Fund, the Department may use such funds  as
17    necessary and available to produce and distribute newsletters
18    to persons licensed under this Act.
19        Any  person  who delivers a check or other payment to the
20    Department that is returned to the Department unpaid  by  the
21    financial institution upon which it is drawn shall pay to the
22    Department,  in  addition  to  the amount already owed to the
23    Department, a fine of $50. If the check or other payment  was
24    for  a  renewal  or  issuance  fee  and that person practices
25    without paying the renewal fee or issuance fee and  the  fine
26    due,  an  additional fine of $100 shall be imposed. The fines
27    imposed  by  this  Section  are  in  addition  to  any  other
28    discipline provided under this Act for unlicensed practice or
29    practice on a nonrenewed license. The Department shall notify
30    the person that payment of fees and fines shall  be  paid  to
31    the  Department  by  certified check or money order within 30
32    calendar days of the notification. If, after  the  expiration
33    of  30 days from the date of the notification, the person has
34    failed to submit the  necessary  remittance,  the  Department
 
HB2647 Engrossed           -19-               LRB9100291ACtmA
 1    shall  automatically  terminate the license or certificate or
 2    deny the application, without hearing. If, after  termination
 3    or  denial,  the person seeks a license or certificate, he or
 4    she shall apply to the Department for restoration or issuance
 5    of the license or certificate and pay all fees and fines  due
 6    to the Department. The Department may establish a fee for the
 7    processing  of an application for restoration of a license or
 8    certificate  to  pay  all   expenses   of   processing   this
 9    application.  The Director may waive the fines due under this
10    Section in individual cases where the Director finds that the
11    fines would be unreasonable or unnecessarily burdensome.
12    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)

13        (225 ILCS 305/21) (from Ch. 111, par. 1321)
14        Sec.  21.    Professional   design   firm   registration;
15    conditions.
16        (a)  Nothing  in  this  Act shall prohibit the formation,
17    under the provisions of the Professional Service  Corporation
18    Act, of a corporation to offer the practice of architecture.
19        Any business, including a not formed under the provisions
20    of  the  Professional  Service  Corporation, that Act and not
21    registered as such with the Department,  and  which  includes
22    the  practice  of  architecture  within  its stated purposes,
23    practices architecture, or holds itself out as  available  to
24    practice  architecture,  shall  register  with the Department
25    under this Section.  Any  professional  service  corporation,
26    sole  proprietorship,  or  professional  design firm offering
27    architectural  services  must  have  a   resident   architect
28    overseeing  the  architectural  practices in each location in
29    which architectural services are provided.
30        Any sole proprietorship not  owned  and  operated  by  an
31    Illinois licensed design professional licensed under this Act
32    shall  be  prohibited from offering architectural services to
33    the public.  "Illinois licensed design professional" means  a
 
HB2647 Engrossed           -20-               LRB9100291ACtmA
 1    person who holds an active license as an architect under this
 2    Act,   as   a   structural   engineer  under  the  Structural
 3    Engineering  Practice  Licensing  Act  of  1989,  or   as   a
 4    professional  engineer  under  the  Professional  Engineering
 5    Practice  Act  of  1989.   Any  sole proprietorship owned and
 6    operated by an architect with an active license issued  under
 7    this Act and conducting or transacting such business under an
 8    assumed name in accordance with the provisions of the Assumed
 9    Business   Name   Act  shall  comply  with  the  registration
10    requirements  of  a  professional  design  firm.   Any   sole
11    proprietorship  owned  and  operated  by an architect with an
12    active license  issued  under  this  Act  and  conducting  or
13    transacting  such  business  under  the real name of the sole
14    proprietor is exempt from the registration requirements of  a
15    professional design firm.
16        (b)  Any  corporation,  including  a Professional Service
17    Corporation,  partnership,  limited  liability  company,   or
18    professional  design firm seeking to be registered under this
19    Section shall not be registered unless:
20             (1)  two-thirds of the board of  directors,  in  the
21        case  of  a  corporation,  or  two-thirds  of the general
22        partners, in the case of a partnership, or two-thirds  of
23        the  members, in the case of a limited liability company,
24        are licensed under the laws  of  any  State  to  practice
25        architecture,  professional  engineering, land surveying,
26        or structural engineering; and
27             (2)  the person having the architectural practice in
28        this State in his charge is (A) a director in the case of
29        a corporation,  a  general  partner  in  the  case  of  a
30        partnership,  or  a  member  in  the  case  of  a limited
31        liability company, and (B) holds  a  license  under  this
32        Act.
33        Any  corporation, limited liability company, professional
34    service corporation, or  partnership  qualifying  under  this
 
HB2647 Engrossed           -21-               LRB9100291ACtmA
 1    Section  and  practicing  in  this  State shall file with the
 2    Department   any   information   concerning   its   officers,
 3    directors, members, managers, partners or  beneficial  owners
 4    as the Department may, by rule, require.
 5        (c)  No  business shall offer the practice or hold itself
 6    out as available to offer the practice of architecture  until
 7    it is registered with the Department.
 8        (d)  Any  business  seeking  to  be registered under this
 9    Section shall make application on  a  form  provided  by  the
10    Department and shall provide any information requested by the
11    Department,  which  shall include but shall not be limited to
12    all of the following:
13             (1)  The name and architect's license number  of  at
14        least  one  person  designated  as  the managing agent in
15        responsible charge of the  practice  of  architecture  in
16        Illinois.   In the case of a corporation, the corporation
17        shall also submit a certified copy of the  resolution  by
18        the  board of directors designating at least one managing
19        agent. If a limited liability company, the company  shall
20        submit  a  certified  copy  of  either  its  articles  of
21        organization   or  operating  agreement  designating  the
22        managing agent.
23             (2)  The   names   and   architect's,   professional
24        engineer's, or structural engineer's, or land  surveyor's
25        license  numbers  of  the  directors,  in  the  case of a
26        corporation, the  members,  in  the  case  of  a  limited
27        liability  company, or general partners, in the case of a
28        partnership.
29             (3)  A  list  of  all   locations   at   which   the
30        professional design firm provides architectural services.
31             (4)  A  list  of  all assumed names of the business.
32        Nothing in this Section shall be construed  to  exempt  a
33        business  from  compliance  with  the requirements of the
34        Assumed Business Name Act.
 
HB2647 Engrossed           -22-               LRB9100291ACtmA
 1        It is the responsibility of the professional design  firm
 2    to  provide the Department notice, in writing, of any changes
 3    in the information requested on the application.
 4        (e)  In the event  a  managing  agent  is  terminated  or
 5    terminates  his  or  her  status  as  managing  agent  of the
 6    professional design firm, the managing agent and professional
 7    design firm shall notify  the  Department  of  this  fact  in
 8    writing,  by  certified  mail,  within  10  business  days of
 9    termination.
10        Thereafter, the professional design firm, if  it  has  so
11    informed  the  Department, has 30 days in which to notify the
12    Department of the name and architect's license number of  the
13    architect  who  is  the newly designated managing agent. If a
14    corporation, the corporation shall also  submit  a  certified
15    copy  of  a  resolution by the board of directors designating
16    the new managing agent. If a limited liability  company,  the
17    company  shall  also  submit  a  certified copy of either its
18    articles of organization or operating  agreement  designating
19    the  new  managing agent. The Department may, upon good cause
20    shown, 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    architectural  services after the termination, the Department
28    may seek prosecution under Sections 22, 36, and 36a  of  this
29    Act for the unlicensed practice of architecture.
30        (f)  No  professional  design  firm  shall be relieved of
31    responsibility  for  the  conduct  or  acts  of  its  agents,
32    employees, or officers by reason of its compliance with  this
33    Section,  nor shall any individual practicing architecture be
34    relieved of  the  responsibility  for  professional  services
 
HB2647 Engrossed           -23-               LRB9100291ACtmA
 1    performed   by  reason  of  the  individual's  employment  or
 2    relationship with a professional design firm registered under
 3    this Section.
 4        (g)  Disciplinary action against  a  professional  design
 5    firm  registered  under this Section shall be administered in
 6    the same manner and  on  the  same  grounds  as  disciplinary
 7    action against a licensed architect.  All disciplinary action
 8    taken  or pending against a corporation or partnership before
 9    the effective date of this amendatory Act of  1993  shall  be
10    continued  or  remain in effect without the Department filing
11    separate actions.
12    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

13        (225 ILCS 305/22) (from Ch. 111, par. 1322)
14        Sec. 22.  Refusal, suspension and revocation of licenses;
15    Causes.
16        (a) The Department may,  singularly  or  in  combination,
17    refuse  to  issue, renew or restore, or may suspend or revoke
18    any license or  registration,  or  may  place  on  probation,
19    reprimand,  or  fine,  with  a  civil  penalty  not to exceed
20    $10,000 for  each  violation,  any  person,  corporation,  or
21    partnership,   or   professional   design  firm  licensed  or
22    registered under this Act for any of the following reasons:
23             (1)  material misstatement in furnishing information
24        to the Department;
25             (2)  negligence, incompetence or misconduct  in  the
26        practice of architecture;
27             (3)  failure to comply with any of the provisions of
28        this Act or any of the rules;
29             (4)  making any misrepresentation for the purpose of
30        obtaining licensure;
31             (5)  purposefully making false statements or signing
32        false  statements,  certificates  or affidavits to induce
33        payment;
 
HB2647 Engrossed           -24-               LRB9100291ACtmA
 1             (6)  conviction of any crime under the laws  of  the
 2        United  States,  or any state or territory thereof, which
 3        is  a  felony,  whether  related  to  the   practice   of
 4        architecture  or not; or conviction of any crime, whether
 5        a felony, misdemeanor, or otherwise, an essential element
 6        of which is dishonesty, wanton disregard for  the  rights
 7        of  others,  or which is directly related to the practice
 8        of architecture;
 9             (7)  aiding or assisting another person in violating
10        any provision of this Act or its rules;
11             (8)  signing, affixing the licensed architect's seal
12        or permitting the architect's seal to be affixed  to  any
13        construction  documents  not prepared by the architect or
14        under that architect's direct supervision and control;
15             (9)  engaging   in   dishonorable,   unethical    or
16        unprofessional  conduct of a character likely to deceive,
17        defraud or harm the public;
18             (10)  habitual intoxication or addiction to the  use
19        of drugs;
20             (11)  making  a  statement of compliance pursuant to
21        the  Environmental   Barriers   Act   that   construction
22        documents  prepared by the Licensed Architect or prepared
23        under the licensed  architect's  direct  supervision  and
24        control  for  construction  or alteration of an occupancy
25        required to  be  in  compliance  with  the  Environmental
26        Barriers  Act  are  in  compliance with the Environmental
27        Barriers Act when such construction documents are not  in
28        compliance;
29             (12)  a  finding by the Board that an applicant or a
30        registrant has failed  to  pay  a  fine  imposed  by  the
31        Department or a registrant, whose license has been placed
32        on   probationary  status,  has  violated  the  terms  of
33        probation;
34             (13)  discipline  by   another   state,   territory,
 
HB2647 Engrossed           -25-               LRB9100291ACtmA
 1        foreign  country,  the  District  of Columbia, the United
 2        States government, or any other governmental  agency,  if
 3        at least one of the grounds for discipline is the same or
 4        substantially equivalent to those set forth herein;
 5             (14)  failure  to provide information in response to
 6        a written request made by the Department within  30  days
 7        after the receipt of such written request;
 8             (15)  physical  illness,  including, but not limited
 9        to, deterioration through the aging process  or  loss  of
10        motor  skill  which  results in the inability to practice
11        the profession with reasonable judgment, skill or safety.
12        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
13    showing of a possible violation may compel a person  licensed
14    to  practice under this Act, or who has applied for licensure
15    or certification pursuant to this Act, to submit to a  mental
16    or  physical  examination, or both, as required by and at the
17    expense of the Department.  The examining physicians shall be
18    those specifically designated by the Board.  The Board or the
19    Department may  order  the  examining  physician  to  present
20    testimony  concerning  this mental or physical examination of
21    the licensee or applicant.  No information shall be  excluded
22    by  reason  of any common law or statutory privilege relating
23    to communications between the licensee or applicant  and  the
24    examining  physician.  The person to be examined may have, at
25    his or her own expense,  another  physician  of  his  or  her
26    choice   present  during  all  aspects  of  the  examination.
27    Failure of any person to  submit  to  a  mental  or  physical
28    examination,  when  directed, shall be grounds for suspension
29    of a license until the person submits to the  examination  if
30    the  Board  finds, after notice and hearing, that the refusal
31    to submit to the examination was without reasonable cause.
32        If the Board finds a person unable to practice because of
33    the reasons set forth in this Section, the Board may  require
34    that  person  to  submit to care, counseling, or treatment by
 
HB2647 Engrossed           -26-               LRB9100291ACtmA
 1    physicians  approved  or  designated  by  the  Board   as   a
 2    condition, term, or restriction for continued, reinstated, or
 3    renewed   licensure   to  practice;  or,  in  lieu  of  care,
 4    counseling, or treatment, the  Board  may  recommend  to  the
 5    Department to file a complaint to immediately suspend, revoke
 6    or  otherwise  discipline  the  license  of  the person.  Any
 7    person whose  license  was  granted,  continued,  reinstated,
 8    renewed,  disciplined,  or  supervised subject to such terms,
 9    conditions, or restrictions and who fails to comply with such
10    terms, conditions, or restrictions shall be referred  to  the
11    Director  for  a determination as to whether the person shall
12    have his or her  license  suspended  immediately,  pending  a
13    hearing by the Board.
14        (b)  The determination by a circuit court that a licensee
15    is subject to involuntary admission or judicial admission, as
16    provided  in the Mental Health and Developmental Disabilities
17    Code, operates as an automatic suspension.   Such  suspension
18    will  end  only upon a finding by a court that the patient is
19    no  longer  subject  to  involuntary  admission  or  judicial
20    admission,  the  issuance  of  an  order   so   finding   and
21    discharging  the patient, and the recommendation of the Board
22    to the Director  that  the  licensee  be  allowed  to  resume
23    practice.
24        The  Department  may  refuse  to issue or may suspend the
25    license of any person who fails to file a return, or  to  pay
26    the  tax,  penalty or interest shown in a filed return, or to
27    pay any final assessment of  tax,  penalty  or  interest,  as
28    required   by  any  tax  Act  administered  by  the  Illinois
29    Department of Revenue, until such time as the requirements of
30    any such tax Act are satisfied.
31        Persons who  assist  the  Department  as  consultants  or
32    expert  witnesses  in  the  investigation  or  prosecution of
33    alleged violations of the Act, licensure matters, restoration
34    proceedings, or criminal prosecutions, shall  not  be  liable
 
HB2647 Engrossed           -27-               LRB9100291ACtmA
 1    for  damages in any civil action or proceeding as a result of
 2    such assistance, except upon proof  of  actual  malice.   The
 3    attorney general shall defend such persons in any such action
 4    or proceeding.
 5    (Source: P.A. 88-428.)

 6        (225 ILCS 305/38) (from Ch. 111, par. 1338)
 7        Sec.  38.   Fund;  appropriations;  investments;  audits.
 8    Moneys  deposited  in the Design Professionals Administration
 9    and  Investigation  Fund  shall  be   appropriated   to   the
10    Department exclusively for expenses of the Department and the
11    Board  in  the  administration  of  this  Act,  the  Illinois
12    Professional  Land  Surveyor  Act  of  1989, the Professional
13    Engineering  Practice  Act  of  1989,  and   the   Structural
14    Engineering  Practice Licensing Act of 1989.  The expenses of
15    the Department  under  this  Act  shall  be  limited  to  the
16    ordinary  and contingent expenses of the Design Professionals
17    Dedicated Employees  within  the  Department  as  established
18    under  Section  62.1  of  the  Civil  Administrative  Code of
19    Illinois and other expenses related to the administration and
20    enforcement of this Act.
21        Moneys from the Fund may also  be  used  for  direct  and
22    allocable  indirect  costs  related to the public purposes of
23    the Department of Professional  Regulation.   Moneys  in  the
24    Fund may be transferred to the Professions Indirect Cost Fund
25    as authorized by Section 61e of the Civil Administrative Code
26    of Illinois.
27        All fines and penalties under Sections 22 and 36 shall be
28    deposited    in   the   Design   Professionals   Professional
29    Administration and Investigation Fund.
30        Moneys   in   the   Design   Professionals   Professional
31    Administration and Investigation Fund  may  be  invested  and
32    reinvested,  with  all earnings received from the investments
33    to be deposited in the  Design  Professionals  Administration
 
HB2647 Engrossed           -28-               LRB9100291ACtmA
 1    and Investigation Fund and used for the same purposes as fees
 2    deposited in the Fund.
 3        Upon  the  completion  of  any audit of the Department as
 4    prescribed by the Illinois State Auditing Act  that  includes
 5    an  audit  of  the  Design  Professionals  Administration and
 6    Investigation Fund, the Department shall make the audit  open
 7    to  inspection  by  any  interested  person.  The copy of the
 8    audit report required to be submitted to  the  Department  by
 9    this  Section  is  an  addition  to  copies  of audit reports
10    required to be submitted to other State officers and agencies
11    by Section 3-14 of the Illinois State Auditing Act.
12    (Source: P.A. 89-204, eff. 1-1-96.)

13        Section 35.  The Interior Design Professional  Title  Act
14    is amended by changing Section 4 as follows:

15        (225 ILCS 310/4) (from Ch. 111, par. 8204)
16        Sec.  4.   (a)  No  individual  shall,  without  a  valid
17    registration   as   an   interior   designer  issued  by  the
18    Department, in any manner hold himself out to the  public  as
19    an  interior designer or attach the title "interior designer"
20    or any other name or designation which would in any way imply
21    that he is able to  use  the  title  "interior  designer"  as
22    defined  in  this  Act.  No individual shall, without a valid
23    registration as a residential interior designer issued by the
24    Department, in any manner hold himself out to the public as a
25    residential interior designer, or use the title  "residential
26    interior  designer"  or any name or designation that would in
27    any way imply that he is able to use the  title  "residential
28    interior designer" as defined in this Act.
29        (a-5)  Nothing   in   this  Act  shall  be  construed  as
30    preventing or restricting the services offered or  advertised
31    by an interior designer who is registered under this Act.
32        (b)  Nothing in this Act shall prevent the employment, by
 
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 1    an   interior  designer  or  residential  interior  designer,
 2    association,  partnership,  or   a   corporation   furnishing
 3    interior  design  or residential interior design services for
 4    remuneration, of persons not registered as interior designers
 5    or residential interior  designers  to  perform  services  in
 6    various  capacities  as  needed, provided that the persons do
 7    not represent themselves as, or use the title  of,  "interior
 8    designer",   "registered   interior  designer",  "residential
 9    interior  designer"  or  "registered   residential   interior
10    designer".
11        (c)  Nothing  in this Act shall be construed to limit the
12    activities and  use  of  the  title  "interior  designer"  or
13    "residential  interior  designer" on the part of a person not
14    registered under this Act who is a graduate  of  an  interior
15    design  program  and a full-time employee of a duly chartered
16    institution  of  higher  education  insofar  as  such  person
17    engages in public speaking,  with  or  without  remuneration,
18    provided that such person does not represent himself to be an
19    interior  designer  or  use  the  title  "registered interior
20    designer" or "registered residential interior designer".
21        (d)  Nothing contained in this  Act  shall  restrict  any
22    person not registered under this Act from carrying out any of
23    the activities listed in the definition of "the profession of
24    interior  design"  in under paragraph (f) of Section 3 (3) if
25    such person does not represent himself or his services in any
26    manner prohibited by this Act.
27        (e)  Nothing in this Act shall be construed as preventing
28    or restricting the practice, services, or activities  of  any
29    person  licensed  in  this  State  under  any  other law from
30    engaging in the profession or  occupation  for  which  he  is
31    licensed.
32        (f)  Nothing in this Act shall be construed as preventing
33    or  restricting  the  practice,  services,  or  activities of
34    engineers  licensed  under   the   Professional   Engineering
 
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 1    Practice  Act  of 1989 or the Structural Engineering Practice
 2    Licensing Act of 1989; architects licensed  pursuant  to  the
 3    Illinois  Architectural  Practice  Act  of 1989; any interior
 4    decorator or individual offering interior decorating services
 5    including, but not  limited  to,  the  selection  of  surface
 6    materials,  window  treatments,  wall  coverings,  furniture,
 7    accessories,  paint,  floor coverings, and lighting fixtures;
 8    or  builders,  home  furnishings  salespersons,  and  similar
 9    purveyors of goods and services relating to homemaking.
10        (g)  Nothing in this Act or any other Act shall prevent a
11    licensed architect from practicing interior  design  services
12    or  from  using the title "interior designer" or "residential
13    interior designer".  Nothing in this Act shall  be  construed
14    as   requiring  the  services  of  an  interior  designer  or
15    residential interior designer for the interior designing of a
16    single family residence.
17        (h)  Nothing  in  this  Act  shall   authorize   interior
18    designers   or  residential  interior  designers  to  perform
19    services,  including  life  safety  services  that  they  are
20    prohibited from performing,  or  any  practice  (i)  that  is
21    restricted in the Illinois Architecture Practice Act of 1989,
22    the  Professional  Engineering  Practice  Act of 1989, or the
23    Structural Engineering Practice Licensing  Act  of  1989,  or
24    (ii)  that  they  are  not  authorized  to  perform under the
25    Environmental Barriers Act.
26    (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)

27        Section 40.  The Illinois Plumbing License Law is amended
28    by changing Section 3 as follows:

29        (225 ILCS 320/3) (from Ch. 111, par. 1103)
30        Sec. 3.  (1)  All  planning  and  designing  of  plumbing
31    systems  and all plumbing shall be performed only by plumbers
32    licensed under the provisions of this Act hereinafter  called
 
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 1    "licensed  plumbers" and "licensed apprentice plumbers".  The
 2    inspection of plumbing and plumbing  systems  shall  be  done
 3    only  by  the  sponsor  or  his  or her agent who shall be an
 4    Illinois licensed plumber.  Nothing  herein  contained  shall
 5    prohibit  licensed  plumbers  or licensed apprentice plumbers
 6    under  supervision  from  planning,  designing,   inspecting,
 7    installing,  repairing,  maintaining,  altering  or extending
 8    building sewers in accordance with this Act.  No  person  who
 9    holds  a  license  or  certificate  of registration under the
10    Illinois Architecture Practice Act of 1989, or the Structural
11    Engineering  Practice  Licensing  Act   of   1989,   or   the
12    Professional  Engineering  Practice  Act  of  1989  shall  be
13    prevented from planning and designing plumbing systems.
14        (2)  Nothing  herein  contained  shall prohibit the owner
15    occupant or lessee occupant of a single family residence,  or
16    the owner of a single family residence under construction for
17    his  or her occupancy, from planning, installing, altering or
18    repairing the plumbing system  of  such  residence,  provided
19    that   (i)  such  plumbing  shall  comply  with  the  minimum
20    standards  for  plumbing  contained  in  the  Illinois  State
21    Plumbing Code, and shall be  subject  to  inspection  by  the
22    Department  or  the  local  governmental unit if it retains a
23    licensed plumber as an inspector; and (ii) such owner,  owner
24    occupant  or  lessee  occupant  shall not employ other than a
25    plumber licensed pursuant to this Act to assist him or her.
26        For purposes  of  this  subsection,  a  person  shall  be
27    considered  an  "occupant" if and only if he or she has taken
28    possession of and is living in the premises  as  his  or  her
29    bona  fide  sole and exclusive residence, or, in the case  of
30    an owner of a single family residence under construction  for
31    his or her occupancy, he or she expects to take possession of
32    and  live  in  the  premises as his or her bona fide sole and
33    exclusive residence, and he or she has a current intention to
34    live in such premises as  his  or  her  bona  fide  sole  and
 
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 1    exclusive  residence  for  a period of not less than 6 months
 2    after the completion of the plumbing work performed  pursuant
 3    to  the  authorization of this subsection, or, in the case of
 4    an owner of a single family residence under construction  for
 5    his  or her occupancy, for a period of not less than 6 months
 6    after  the  completion  of  construction  of  the  residence.
 7    Failure to possess and live in the premises  as  a  sole  and
 8    exclusive  residence  for  a period of 6 months or more shall
 9    create a rebuttable presumption of a lack of such intention.
10        (3)  The employees of a firm, association, partnership or
11    corporation who engage in plumbing shall be licensed plumbers
12    or licensed apprentice plumbers. At least one member of every
13    firm, association or partnership engaged  in  plumbing  work,
14    and  at  least  one  corporate  officer  of every corporation
15    engaged in plumbing work, as the case  may  be,  shall  be  a
16    licensed  plumber.  A  retired  plumber  cannot  fulfill  the
17    requirements of this subsection (3).
18        (4) (a)  A licensed apprentice plumber shall plan, design
19        and  install  plumbing  only under the supervision of the
20        sponsor or his or her  agent  who  is  also  an  Illinois
21        licensed plumber.
22             (b)  An  applicant  for  licensing  as an apprentice
23        plumber shall be at least 16 years of age  and  apply  on
24        the  application  form  provided  by the Department. Such
25        application shall verify that the applicant is  sponsored
26        by   an   Illinois   licensed   plumber  or  an  approved
27        apprenticeship program and shall  contain  the  name  and
28        license   number  of  the  licensed  plumber  or  program
29        sponsor.
30             (c)  No licensed plumber shall sponsor more  than  2
31        licensed  apprentice  plumbers  at  the  same  time. If 2
32        licensed apprentice plumbers are sponsored by  a  plumber
33        at  the same time, one of the apprentices must have, at a
34        minimum, 2 years experience as a licensed apprentice.  No
 
HB2647 Engrossed           -33-               LRB9100291ACtmA
 1        licensed   plumber  sponsor  or  his  or  her  agent  may
 2        supervise 2 licensed apprentices with less than  2  years
 3        experience  at  the same time. The sponsor or agent shall
 4        supervise and be responsible for the  plumbing  performed
 5        by a licensed apprentice.
 6             (d)  No  agent  shall supervise more than 2 licensed
 7        apprentices at the same time.
 8             (e)  No  licensed  plumber  may,  in  any  capacity,
 9        supervise more than 2 licensed apprentice plumbers at the
10        same time.
11             (f)  No approved apprenticeship program may  sponsor
12        more  licensed  apprentices  than  2  times the number of
13        licensed plumbers available to supervise  those  licensed
14        apprentices.
15             (g)  No  approved apprenticeship program may sponsor
16        more  licensed  apprentices  with  less  than   2   years
17        experience  than  it  has  licensed plumbers available to
18        supervise those licensed apprentices.
19             (h)  No  individual  shall  work  as  an  apprentice
20        plumber unless he or she is properly licensed under  this
21        Act.   The Department shall issue an apprentice plumber's
22        license to each approved applicant.
23             (i)  No licensed apprentice plumber shall serve more
24        than a 6 year licensed apprenticeship period.   If,  upon
25        completion  of  a  6 year licensed apprenticeship period,
26        such licensed apprentice plumber does not apply  for  the
27        examination for a plumber's license and successfully pass
28        the  examination  for  a  plumber's  license,  his or her
29        apprentice plumber's license shall not be renewed.
30        Nothing contained in P.A. 83-878,  entitled  "An  Act  in
31    relation  to  professions",  approved September 26, 1983, was
32    intended by the General Assembly nor should it  be  construed
33    to  require the employees of a governmental unit or privately
34    owned municipal  water  supplier  who  operate,  maintain  or
 
HB2647 Engrossed           -34-               LRB9100291ACtmA
 1    repair  a  water  or  sewer  plant facility which is owned or
 2    operated  by  such  governmental  unit  or  privately   owned
 3    municipal  water  supplier to be licensed plumbers under this
 4    Act.  In addition,  nothing  contained  in  P.A.  83-878  was
 5    intended  by  the General Assembly nor should it be construed
 6    to permit persons other than licensed plumbers to perform the
 7    installation, repair, maintenance or replacement of  plumbing
 8    fixtures,  such  as  toilet facilities, floor drains, showers
 9    and lavatories, and the piping attendant to  those  fixtures,
10    within  such  facility  or  in  the  construction  of  a  new
11    facility.
12        Nothing  contained  in  P.A.  83-878, entitled "An Act in
13    relation to professions", approved September  26,  1983,  was
14    intended  by  the General Assembly nor should it be construed
15    to require the employees of a governmental unit or  privately
16    owned   municipal  water  supplier  who  install,  repair  or
17    maintain water service lines from water mains in the  street,
18    alley or curb line to private property lines and who install,
19    repair or maintain water meters to be licensed plumbers under
20    this  Act if such work was customarily performed prior to the
21    effective date of such Act by employees of such  governmental
22    unit or privately owned municipal water supplier who were not
23    licensed  plumbers.   Any  such  work  which  was customarily
24    performed prior to the effective date of such Act by  persons
25    who  were  licensed  plumbers or subcontracted to persons who
26    were licensed plumbers  must  continue  to  be  performed  by
27    persons who are licensed plumbers or subcontracted to persons
28    who  are  licensed  plumbers.  When necessary under this Act,
29    the Department shall make the determination  whether  or  not
30    persons  who are licensed plumbers customarily performed such
31    work.
32    (Source: P.A. 89-665, eff. 8-14-96.)

33        Section 45.  The Professional Engineering Practice Act of
 
HB2647 Engrossed           -35-               LRB9100291ACtmA
 1    1989 is amended by changing Sections 3, 4, 5, 6,  7,  8,  10,
 2    12, 14, 15, 20, 23, 24, 44, and 47 and by adding Section 17.5
 3    as follows:

 4        (225 ILCS 325/3) (from Ch. 111, par. 5203)
 5        Sec. 3.  Application of the Act; Exemptions.
 6        (a)  Nothing  in  this  Act shall be construed to prevent
 7    the practice of structural  engineering  as  defined  in  the
 8    Structural  Engineering Practice Licensing Act of 1989 or the
 9    practice  of  architecture  as  defined   in   the   Illinois
10    Architecture   Practice  Act  of  1989  or  the  regular  and
11    customary   practice   of   construction   contracting    and
12    construction   management   as   performed   by  construction
13    contractors.
14        (b)  Nothing in this Act shall prevent:
15             (1)  Employees, including  project  representatives,
16        of  professional  engineers  lawfully  practicing as sole
17        owners, partnerships or corporations under this Act, from
18        acting under the direct supervision of their employers.
19             (2)  The employment of  owner's  representatives  by
20        the owner during the constructing, adding to, or altering
21        of  a  project,  or any parts thereof, provided that such
22        owner's representative shall not have  the  authority  to
23        deviate  from the technical submissions without the prior
24        approval of the professional engineer for the project.
25             (3)  The practice of officers and employees  of  the
26        Government of the United States while engaged within this
27        State  in  the  practice of the profession of engineering
28        for the Government.
29             (4)  Services performed by employees of  a  business
30        organization    engaged   in   utility,   industrial   or
31        manufacturing operations, or by employees  of  laboratory
32        research  affiliates  of such business organization which
33        are  rendered  in  connection  with  the  fabrication  or
 
HB2647 Engrossed           -36-               LRB9100291ACtmA
 1        production, sale, and installation of products,  systems,
 2        or  nonengineering  services of the business organization
 3        or its affiliates.
 4             (5)  Inspection, maintenance and service  work  done
 5        by  employees  of  the  State  of Illinois, any political
 6        subdivision thereof or any municipality.
 7             (6)  The activities performed  by  those  ordinarily
 8        designated  as  chief  engineer of plant operation, chief
 9        operating engineer, locomotive, stationary, marine, power
10        plant or  hoisting  and  portable  engineers,  electrical
11        maintenance  or  service engineers, personnel employed in
12        connection with construction, operation or maintenance of
13        street lighting, traffic control signals, police and fire
14        alarm systems, waterworks, steam,  electric,  and  sewage
15        treatment and disposal plants, or the services ordinarily
16        performed   by   any   worker  regularly  employed  as  a
17        locomotive, stationary, marine, power plant, or  hoisting
18        and   portable  engineer  or  electrical  maintenance  or
19        service  engineer  for  any  corporation,  contractor  or
20        employer.
21             (7)  The activities performed by a person ordinarily
22        designated  as  a  supervising  engineer  or  supervising
23        electrical maintenance or service engineer who supervises
24        the  operation  of,  or  who   operates,   machinery   or
25        equipment,   or   who   supervises  construction  or  the
26        installation of equipment within a plant which  is  under
27        such person's immediate supervision.
28             (8)  The  services,  for private use, of contractors
29        or owners in the construction of engineering works or the
30        installation of equipment.
31        (c)  No  officer,  board,  commission,  or  other  public
32    entity charged with the enforcement of codes  and  ordinances
33    involving a professional engineering project shall accept for
34    filing or approval any technical submissions that do not bear
 
HB2647 Engrossed           -37-               LRB9100291ACtmA
 1    the  seal  and  signature of a professional engineer licensed
 2    under this Act.
 3        (d)  Nothing contained in this  Section  imposes  upon  a
 4    person  licensed  under  this  Act the responsibility for the
 5    performance of any of the  foregoing  functions  unless  such
 6    person specifically contracts to provide it.
 7    (Source: P.A. 86-667; 86-1475.)

 8        (225 ILCS 325/4) (from Ch. 111, par. 5204)
 9        Sec. 4.  Definitions.  As used in this Act:
10        (a)  "Approved    engineering    curriculum"   means   an
11    engineering curriculum of 4  academic  years  or  more  which
12    meets   the   standards  established  by  the  rules  of  the
13    Department.
14        (b)  "Board"  means  the  State  Board  of   Professional
15    Engineers  of  the  Department  of  Professional  Regulation,
16    previously known as the Examining Committee.
17        (c)  "Department"  means  the  Department of Professional
18    Regulation.
19        (d)  "Design professional" means an architect, structural
20    engineer or professional engineer practicing  in  conformance
21    with  the  Illinois  Architecture  Practice  Act of 1989, the
22    Structural Engineering Practice Licensing Act of 1989 or  the
23    Professional Engineering Practice Act of 1989.
24        (e)  "Director"   means   the  Director  of  Professional
25    Regulation.
26        (f)  "Direct supervision/responsible charge"  means  work
27    prepared   under  the  control  of  a  licensed  professional
28    engineer or that work as to which that professional  engineer
29    has detailed professional knowledge.
30        (g)  "Engineering   college"  means  a  school,  college,
31    university, department of a university or  other  educational
32    institution,  reputable  and  in  good standing in accordance
33    with rules prescribed by the  Department,  and  which  grants
 
HB2647 Engrossed           -38-               LRB9100291ACtmA
 1    baccalaureate degrees in engineering.
 2        (h)  "Engineering  system  or facility" means a system or
 3    facility whose design is based upon the  application  of  the
 4    principles  of  science  for  the  purpose of modification of
 5    natural states of being.
 6        (i)  "Engineer intern" means a person who is a  candidate
 7    for  licensure  as  a  professional engineer and who has been
 8    enrolled as an engineer intern.
 9        (j)  "Enrollment" means an action by  the  Department  to
10    record   those   individuals   who   have   met  the  Board's
11    requirements for an engineer intern.
12        (k)  "License" means an official document issued  by  the
13    Department to an individual, a corporation, or a partnership,
14    a  professional  service  corporation,  a  limited  liability
15    company,  or  a  sole proprietorship, signifying authority to
16    practice.
17        (l)  "Negligence  in   the   practice   of   professional
18    engineering"  means  the  failure  to exercise that degree of
19    reasonable  professional  skill,   judgment   and   diligence
20    normally  rendered  by professional engineers in the practice
21    of professional engineering.
22        (m)  "Professional  engineer"  means  a  person  licensed
23    under  the  laws  of  the  State  of  Illinois  to   practice
24    professional engineering.
25        (n)  "Professional  engineering" means the application of
26    science to the design of engineering systems  and  facilities
27    using   the   knowledge,  skills,  ability  and  professional
28    judgment   developed   through    professional    engineering
29    education, training and experience.
30        (o)  "Professional   engineering   practice"   means  the
31    consultation  on,  conception,   investigation,   evaluation,
32    planning,  and  design  of,  and  selection  of materials and
33    methods  to  be  used  in,  administration  of   construction
34    contracts  for,  or site observation of an engineering system
 
HB2647 Engrossed           -39-               LRB9100291ACtmA
 1    or   facility,   where   such    consultation,    conception,
 2    investigation,   evaluation,   planning,  design,  selection,
 3    administration, or observation requires  extensive  knowledge
 4    of  engineering  laws,  formulae,  materials,  practice,  and
 5    construction   methods.   A  person  shall  be  construed  to
 6    practice  or  offer  to  practice  professional  engineering,
 7    within the meaning and intent of this Act, who practices,  or
 8    who,  by verbal claim, sign, advertisement, letterhead, card,
 9    or any  other  way,  is  represented  to  be  a  professional
10    engineer,  or  through  the use of the initials "P.E." or the
11    title "engineer" or any of  its  derivations  or  some  other
12    title  implies licensure as a professional engineer, or holds
13    himself  out  as  able  to  perform  any  service  which   is
14    recognized as professional engineering practice.
15        Examples  of  the  practice  of  professional engineering
16    include,  but  need  not  be   limited   to,   transportation
17    facilities  and  publicly  owned  utilities  for  a region or
18    community, railroads, railways,  highways,  subways,  canals,
19    harbors,  river  improvements;  irrigation  works;  aircraft,
20    airports  and  landing fields; waterworks, piping systems and
21    appurtenances, sewers, sewage disposal works; plants for  the
22    generation  of  power;  devices for the utilization of power;
23    boilers; refrigeration plants, air conditioning  systems  and
24    plants;   heating   systems   and   plants;  plants  for  the
25    transmission or  distribution  of  power;  electrical  plants
26    which  produce,  transmit,  distribute, or utilize electrical
27    energy; works for the extraction of minerals from the  earth;
28    plants  for  the  refining,  alloying  or treating of metals;
29    chemical works and industrial plants  involving  the  use  of
30    chemicals  and chemical processes; plants for the production,
31    conversion, or utilization of nuclear, chemical,  or  radiant
32    energy;   forensic   engineering,   geotechnical  engineering
33    including, subsurface  investigations;  soil  classification,
34    geology  and  geohydrology,  incidental  to  the  practice of
 
HB2647 Engrossed           -40-               LRB9100291ACtmA
 1    professional  engineering;  energy  analysis,   environmental
 2    design,  hazardous waste mitigation and control; recognition,
 3    measurement, evaluation and control of environmental  systems
 4    and  emissions; automated building management systems; or the
 5    provision of professional engineering site observation of the
 6    construction  of  works  and  engineering  systems.   Nothing
 7    contained in this Section  imposes  upon  a  person  licensed
 8    under  this Act the responsibility for the performance of any
 9    of the foregoing functions unless  such  person  specifically
10    contracts to provide it.
11        (p)  "Project   representative"  means  the  professional
12    engineer's representative at the project site who assists  in
13    the administration of the construction contract.
14        (q)  "Registered"   means  the  same  as  "licensed"  for
15    purposes of this Act.
16        (r)  "Related science curriculum" means a 4 year  program
17    of  study,  the satisfactory completion of which results in a
18    Bachelor of Science degree, and which contains  courses  from
19    such areas as life, earth, engineering and computer sciences,
20    including  but not limited to, physics and chemistry.  In the
21    study  of  these  sciences,  the  objective  is  to   acquire
22    fundamental  knowledge  about  the  nature  of its phenomena,
23    including quantitative expression, appropriate to  particular
24    fields of engineering.
25        (s)  "Rules"  means  those  rules promulgated pursuant to
26    this Act.
27        (t)  "Seal" means the seal in compliance with Section  14
28    of this Act.
29        (u)  "Site observation" is visitation of the construction
30    site  for the purpose of reviewing, as available, the quality
31    and conformance of the work to the technical  submissions  as
32    they relate to design.
33        (v)  "Support  design  professional" means a professional
34    engineer practicing  in  conformance  with  the  Professional
 
HB2647 Engrossed           -41-               LRB9100291ACtmA
 1    Engineering  Practice  Act  of 1989, who provides services to
 2    the design professional who has contract responsibility.
 3        (w)  "Technical submissions" means designs, drawings, and
 4    specifications which establish the standard  of  quality  for
 5    materials,   workmanship,  equipment,  and  the  construction
 6    systems, studies, and other technical reports prepared in the
 7    course of a design professional's practice.
 8    (Source: P.A. 88-372.)

 9        (225 ILCS 325/5) (from Ch. 111, par. 5205)
10        Sec. 5.  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)  To  pass  upon  the   qualifications   and   conduct
14    examinations  of  applicants  for  licensure  as professional
15    engineers or enrollment as engineer interns and pass upon the
16    qualifications of  applicants  by  endorsement  and  issue  a
17    license  or  enrollment  to those who are found to be fit and
18    qualified;
19        (b)  To prescribe  rules  for  the  method,  conduct  and
20    grading of the examination of applicants;
21        (c)  To    license    corporations,   and   partnerships,
22    professional   service   corporations,   limited    liability
23    companies,  and  sole  proprietorships  for  the  practice of
24    professional engineering and issue a  license  to  those  who
25    qualify;
26        (d)  To  conduct  investigations  and  hearings regarding
27    violations of this Act and take disciplinary or other actions
28    as provided in this Act as a result of the proceedings;
29        (e)  To prescribe rules as to what  shall  constitute  an
30    engineering or related science curriculum and to determine if
31    a  specific  engineering curriculum is in compliance with the
32    rules,  and  to  terminate  the  approval   of   a   specific
33    engineering curriculum for non-compliance with such rules;
 
HB2647 Engrossed           -42-               LRB9100291ACtmA
 1        (f)  To  promulgate rules required for the administration
 2    of this Act, including rules of professional conduct;
 3        (g)  To maintain membership in the  National  Council  of
 4    Examiners  for  Engineering  and Surveying and participate in
 5    activities of the Council by designation of  individuals  for
 6    the various classifications of membership, the appointment of
 7    delegates for attendance at zone and national meetings of the
 8    Council,  and  the funding of the delegates for attendance at
 9    the meetings of the Council; and
10        (h)  To obtain written  recommendations  from  the  Board
11    regarding  qualifications  of  individuals  for licensure and
12    enrollment, definitions of curriculum content and approval of
13    engineering curricula, standards of professional conduct  and
14    formal  disciplinary  actions,  and  the  promulgation of the
15    rules affecting these matters.
16        Prior to issuance of any final  decision  or  order  that
17    deviates  from  any  report  or  recommendations of the Board
18    relating to the qualification of  applicants,  discipline  of
19    licensees  or  registrants,  or  promulgation  of  rules, the
20    Director  shall  notify  the  Board  in   writing   with   an
21    explanation  of  any  such deviation and provide a reasonable
22    time for the Board to submit written comments to the Director
23    regarding the proposed action.  In the event that  the  Board
24    fails  or  declines to submit such written comments within 30
25    days of said notification, the Director  may  issue  a  final
26    decision  or  orders  consistent with the Director's original
27    decision.  The Department may at any  time  seek  the  expert
28    advice  and  knowledge of the Board on any matter relating to
29    the enforcement of this Act.
30        None of the functions, powers  or  duties  enumerated  in
31    this Section shall be exercised by the Department except upon
32    the action and report in writing of the Board.
33    (Source: P.A. 89-61, eff. 6-30-95.)
 
HB2647 Engrossed           -43-               LRB9100291ACtmA
 1        (225 ILCS 325/6) (from Ch. 111, par. 5206)
 2        Sec.  6.   Composition,  qualifications  and terms of the
 3    Board.  (a) The Board shall be appointed by the Director  and
 4    shall  consist  of  10 members, one of whom shall be a public
 5    member and 9 of whom shall be professional engineers licensed
 6    under  this  Act.   In  addition  each  member   who   is   a
 7    professional engineer shall:
 8        (1)  be a citizen of the United States, and
 9        (2)  be a resident of this State.
10        (b)  In  addition,  each  member  who  is  a professional
11    engineer shall:
12        (1)  have not less than 12 years  of  experience  in  the
13    practice  of  professional  engineering,  and  shall  hold an
14    active license as a professional engineer in Illinois;
15        (2)  have been in charge of professional engineering work
16    for at least 5 years.  For the purposes of this Section,  any
17    period  in  which  a  person  has  been in charge of teaching
18    engineering in  an  engineering  college  with  the  rank  of
19    assistant  professor or higher shall be considered as time in
20    which such person was in charge of  professional  engineering
21    work.
22        The  terms  for all members shall be for 5 years.  On the
23    expiration of the term of any member or in  the  event  of  a
24    vacancy,  the  Director shall appoint a member who shall hold
25    office until the expiration of the term for which the  member
26    is  appointed  and  until  a successor has been appointed and
27    qualified.
28        No member shall be reappointed to the Board  for  a  term
29    which would cause that individual's continuous service on the
30    Board to be longer than 15 successive years.
31        In implementing the 5 year terms, the Director shall vary
32    the  terms  to  enable the Board to have no more than 2 terms
33    expire in any one year.
34        The public member shall not be an employee of  the  State
 
HB2647 Engrossed           -44-               LRB9100291ACtmA
 1    of  Illinois. The public member shall be an Illinois resident
 2    and a citizen of the United States.
 3        In making appointments to the Board, the  Director  shall
 4    give  due  consideration to recommendations by members of the
 5    profession and by organizations therein.
 6        The Director may remove  any  member  of  the  Board  for
 7    misconduct,  incompetence,  neglect  of  duty  or for reasons
 8    prescribed by law for removal of State officials.
 9        The Director may remove a member of the  Board  who  does
10    not  attend  2 consecutive meetings. An appointment to fill a
11    vacancy thus created shall be to fill the unexpired  term  of
12    office and shall be in accordance with this Section.
13        A  quorum  of  the Board shall consist of not less than 6
14    members. a majority of Board  members  appointed.    Majority
15    vote of the quorum is required for Board decisions.
16        Each  member of the Board shall receive compensation when
17    attending Board meetings or meetings approved by the Director
18    and shall be reimbursed for all actual traveling expenses.
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        Persons  holding  office  as   members   of   the   Board
23    immediately prior to the effective date of this Act under the
24    Act  repealed  herein  shall continue as members of the Board
25    until  the  expiration  of  the  term  for  which  they  were
26    appointed  and  until  their  successors  are  appointed  and
27    qualified.
28    (Source: P.A. 86-667.)

29        (225 ILCS 325/7) (from Ch. 111, par. 5207)
30        Sec. 7.  Powers and duties of the Board.  Subject to  the
31    provisions   of  this  Act,  the  Board  shall  exercise  the
32    following functions, powers and duties:
33             (a)  Review education and experience  qualifications
 
HB2647 Engrossed           -45-               LRB9100291ACtmA
 1        of  applicants,  including  conducting oral interviews as
 2        deemed necessary by the Board, to  determine  eligibility
 3        as an engineer intern or professional engineer and submit
 4        to  the  Director  written  recommendations  on applicant
 5        qualifications for enrollment and licensure;
 6             (b)  The Board may appoint a subcommittee  to  serve
 7        as  a Complaint Committee to recommend the disposition of
 8        case files according to procedures established by rule;
 9             (c)  Conduct hearings regarding disciplinary actions
10        and submit a written report and  recommendations  to  the
11        Director  as  required by this Act and to provide a Board
12        member at informal conferences;
13             (d)  Make visits  to  universities  or  colleges  to
14        evaluate  engineering  curricula or to otherwise evaluate
15        engineering  curricula  and  submit  to  the  Director  a
16        written recommendation of acceptability of a curriculum;
17             (e)  Submit a written recommendation to the Director
18        concerning promulgation of rules as required in Section 5
19        and to recommend to the Director any rules or  amendments
20        thereto for the administration of this Act;
21             (f)  Hold at least 3 regular meetings each year; and
22        
23             (g)  Elect    annually    a    chairperson   and   a
24        vice-chairperson who shall be professional engineers; and
25        .
26             (h)  Submit written comments to the Director  within
27        30  days from notification of any final decision or order
28        from the  Director  that  deviates  from  any  report  or
29        recommendation of the Board relating to the qualification
30        of applicants, discipline of licensees or registrants, or
31        promulgation of rules.
32        Prior  to  issuance  of any final decision or order which
33    deviates from any  report  or  recommendation  of  the  Board
34    relating  to  the  qualification of applicants, discipline of
 
HB2647 Engrossed           -46-               LRB9100291ACtmA
 1    licensees or  registrants,  or  promulgation  of  rules,  the
 2    Director shall notify the Board and the Secretary of State in
 3    writing with an explanation of any such deviation and provide
 4    a reasonable time for the Board to submit written comments to
 5    the  Director  regarding  the  proposed action.  In the event
 6    that the Board fails  or  declines  to  submit  such  written
 7    comments  within  30  days of said notification, the Director
 8    may issue a final  decision  or  order  consistent  with  the
 9    Director's  original decision. The Department may at any time
10    seek the expert advice and knowledge  of  the  Board  on  any
11    matter relating to the enforcement of this Act.
12    (Source: P.A. 88-428.)

13        (225 ILCS 325/8) (from Ch. 111, par. 5208)
14        Sec.  8.   Applications  for licensure.  (a) Applications
15    for licensure shall (1) be on forms prescribed and  furnished
16    by  the  Department,  (2)  contain statements made under oath
17    showing the applicant's education and a detailed  summary  of
18    the applicant's technical work, and (3) contain references as
19    required by the Department.
20        (b)  Applicants  shall  have  obtained  the education and
21    experience as required in Section 10 or Section 11  prior  to
22    submittal  of application for examination, except as provided
23    in subsection (b)  of Section 11. Allowable experience  shall
24    commence at the date of the baccalaureate degree, except:
25        (1)  Credit for one year of experience shall be given for
26    a   graduate   of  a  baccalaureate  curriculum  providing  a
27    cooperative program, which is supervised industrial or  field
28    experience  of  at  least  one  academic  calendar year which
29    alternates with periods of full-time academic training,  when
30    such program is certified by the university, or
31        (2)  Credit  shall  be given for professional engineering
32    experience as defined by rule for employment prior to receipt
33    of a baccalaureate degree  if  the  employment  is  full-time
 
HB2647 Engrossed           -47-               LRB9100291ACtmA
 1    while the applicant takes 8 or more years (16 semesters or 24
 2    quarters  minimum)  as a part-time student to earn the degree
 3    concurrent with the employment.
 4        The Board may conduct oral interviews  of  any  applicant
 5    under  Sections  10,  11 or 19 to assist in the evaluation of
 6    the qualifications of the applicant.
 7        It is the responsibility of the applicant  to  supplement
 8    the application, when requested by the Board, by provision of
 9    additional documentation of education, including transcripts,
10    course  content and credentials of the engineering college or
11    college  granting  related  science  degrees,  or   of   work
12    experience   to   permit   the   Board   to   determine   the
13    qualifications  of the applicant.  The Department may require
14    an  applicant,  at  the  applicant's  expense,  to  have   an
15    evaluation  of the applicant's education in a foreign country
16    by a nationally recognized educational body approved  by  the
17    Board in accordance with rules prescribed by the Department.
18        An  applicant  who  graduated from an engineering program
19    outside the United States or its territories and whose  first
20    language is not English shall submit certification of passage
21    of  the Test of English as a Foreign Language (TOEFL) and the
22    Test of Spoken English (TSE) as defined by rule before taking
23    the licensure examination.
24    (Source: P.A. 89-61, eff. 6-30-95.)

25        (225 ILCS 325/10) (from Ch. 111, par. 5210)
26        Sec. 10.  Minimum standards for examination for licensure
27    as professional engineer.  To  qualify  for  licensure  as  a
28    professional engineer each applicant shall be:
29        (a)  A  graduate of an approved engineering curriculum of
30    at least 4 years who submits acceptable evidence to the Board
31    of an additional 4 years or more of experience in engineering
32    work of  a  grade  and  character  which  indicate  that  the
33    individual   may   be   competent  to  practice  professional
 
HB2647 Engrossed           -48-               LRB9100291ACtmA
 1    engineering, and who then passes  a  nominal  8-hour  written
 2    examination in the fundamentals of engineering, and a nominal
 3    8-hour  written examination in the principles and practice of
 4    engineering.  Upon passing both examinations, the  applicant,
 5    if  otherwise  qualified,  shall  be  granted  a  license  to
 6    practice professional engineering in this State; or
 7        (b)  A  graduate of a non-approved engineering curriculum
 8    or a related science curriculum  of  at  least  4  years  and
 9    meeting  the  requirements  as set forth by rule, who submits
10    acceptable evidence to the Board of an additional 8 years  or
11    more  of  experience  in  engineering  work  of  a  grade and
12    character which indicate that the individual may be competent
13    to practice professional engineering, and who then  passes  a
14    nominal  8-hour  written  examination  in the fundamentals of
15    engineering and a nominal 8-hour written examination  in  the
16    principles  and  practice  of engineering.  Upon passing both
17    examinations, the applicant, if otherwise qualified, shall be
18    granted a license to  practice  professional  engineering  in
19    this State; or
20        (c)  An  engineer  intern  who  meets  the  education and
21    experience qualifications of subsection (a)  or (b)  of  this
22    Section and has passed the nominal 8-hour written examination
23    in  the  fundamentals  of  engineering,  by  application  and
24    payment of the required fee, may then take the nominal 8-hour
25    written   examination  in  the  principles  and  practice  of
26    engineering.  Upon passing that examination,  the  applicant,
27    if  otherwise  qualified,  shall  be  granted  a  license  to
28    practice professional engineering in this State.
29        (d)  When  considering  an applicant's qualifications for
30    licensure under  this  Act,  the  Department  may  take  into
31    consideration  whether an applicant has engaged in conduct or
32    actions that would constitute a violation of the Standards of
33    Professional  Conduct  for  this  Act  as  provided  for   by
34    administrative rules.
 
HB2647 Engrossed           -49-               LRB9100291ACtmA
 1    (Source: P.A. 89-61, eff. 6-30-95.)

 2        (225 ILCS 325/12) (from Ch. 111, par. 5212)
 3        Sec.  12.   Educational credits or teaching as equivalent
 4    of experience. (a) After earning an acceptable  baccalaureate
 5    degree  as  required by subsection (a)  or (b)  of Section 10
 6    in engineering or related science and upon  completion  of  a
 7    Master's degree in engineering, the applicant may receive one
 8    year  of  experience  credit.   Upon completion of a Ph.D. in
 9    engineering, an applicant  may  receive  an  additional  year
10    experience credit for a maximum of 2 years.
11        (b)  Teaching  engineering  subjects  in  an  engineering
12    college is considered experience in engineering.
13        (c)  (Blank). For an individual applying for licensure as
14    a  professional  engineer  under  subsection  (a)  or (b)  of
15    Section  10,  the  examination  for   the   fundamentals   of
16    engineering  shall  be  waived, if application is made before
17    January 1, 1994, for those individuals who have:
18        (1)  a  doctoral  degree  from   an   approved   graduate
19    engineering program, and
20        (2)  demonstrated,  in  accordance  with standards set by
21    rule, a broad knowledge of the fundamentals  of  engineering,
22    by  course work gained either in a baccalaureate, masters, or
23    doctoral program.
24    (Source: P.A. 86-667.)

25        (225 ILCS 325/14) (from Ch. 111, par. 5214)
26        Sec. 14.  Seal.  Every professional engineer shall have a
27    seal or  stamp,  the  print  impression  of  which  shall  be
28    reproducible   and  contain  the  name  of  the  professional
29    engineer, the professional engineer's license number, and the
30    words   "Licensed   Registered   Professional   Engineer   of
31    Illinois".    Any  reproducible  seal  or  stamp   heretofore
32    authorized  under  the  laws  of  this  state  for  use  by a
 
HB2647 Engrossed           -50-               LRB9100291ACtmA
 1    professional  engineer,  including  those  with   the   words
 2    "Registered  Professional  Engineer of Illinois", shall serve
 3    the same purpose as the seal provided for by this Act.   When
 4    technical submissions are prepared utilizing  a  computer  or
 5    other  electronic  means,  the  seal  may be generated by the
 6    computer.  Signatures generated  by  computer  shall  not  be
 7    permitted.
 8        The professional engineer who has contract responsibility
 9    shall  seal  a  cover sheet of the technical submissions, and
10    those individual portions of the  technical  submissions  for
11    which the professional engineer is legally and professionally
12    responsible.   The  professional  engineer  practicing as the
13    support  design  professional  shall  seal  those  individual
14    portions of technical submissions for which the  professional
15    engineer is legally and professionally responsible.
16        The  use  of  a professional engineer's seal on technical
17    submissions constitutes a representation by the  professional
18    engineer  that  the  work  has  been prepared by or under the
19    personal  supervision  of  the   professional   engineer   or
20    developed in conjunction with the use of accepted engineering
21    standards.   The  use of the seal further represents that the
22    work has been prepared and administered  in  accordance  with
23    the standards of reasonable professional skill and diligence.
24        It   is   unlawful  to  affix  one's  seal  to  technical
25    submissions if it masks the true identity of the  person  who
26    actually  exercised direction, control and supervision of the
27    preparation of such work.  A professional engineer who  seals
28    and signs technical submissions is not responsible for damage
29    caused  by  subsequent  changes to or uses of those technical
30    submissions, where the subsequent changes or uses,  including
31    changes or uses made by State or local governmental agencies,
32    are  not  authorized or approved by the professional engineer
33    who originally sealed and signed the technical submissions.
34    (Source: P.A. 88-372.)
 
HB2647 Engrossed           -51-               LRB9100291ACtmA
 1        (225 ILCS 325/15) (from Ch. 111, par. 5215)
 2        Sec.   15.    Technical   submissions.    All   technical
 3    submissions prepared by or under the personal supervision  of
 4    a   professional   engineer   shall  bear  that  professional
 5    engineer's seal, signature, and license expiration date.  The
 6    licensee's written signature and date of signing, along  with
 7    the  date  of license expiration, shall be placed adjacent to
 8    the seal.   Computer generated signatures are not permitted.
 9        All   technical   submissions   intended   for   use   in
10    construction in the State of Illinois shall be  prepared  and
11    administered  in  accordance  with  standards  of  reasonable
12    professional  skill  and  diligence.   Care shall be taken to
13    reflect  the  requirements  of  State  statutes  and,   where
14    applicable,   county   and   municipal   ordinances  in  such
15    documents. In recognition  that  professional  engineers  are
16    licensed  for the protection of the public health, safety and
17    welfare, documents shall be of such quality and scope, and be
18    so administered as to conform to professional standards.
19    (Source: P.A. 89-61, eff. 6-30-95.)

20        (225 ILCS 325/17.5 new)
21        Sec. 17.5.  Continuing  education.   The  Department  may
22    promulgate rules of continuing education for persons licensed
23    under   this   Act.    The   Department  shall  consider  the
24    recommendations of the Board in establishing  the  guidelines
25    for  the  continuing education requirements. The requirements
26    of this Section  apply  to  any  person  seeking  renewal  or
27    restoration under Section 17 or 18 of this Act.

28        (225 ILCS 325/20) (from Ch. 111, par. 5220)
29        Sec. 20.  Fees.
30        (a)  The  Department shall provide by rule for a schedule
31    of fees to be paid for licenses by all applicants.  All  fees
32    are not refundable.
 
HB2647 Engrossed           -52-               LRB9100291ACtmA
 1        (b)  The  fees  for the administration and enforcement of
 2    this Act, including but not limited  to  original  licensure,
 3    renewal,  and  restoration,  shall  be  set  by  rule  by the
 4    Department. The following fees are not refundable:
 5        (a)  Certificate of engineer intern.
 6             (1)  The fee for application for  a  certificate  of
 7        enrollment is $20.
 8             (2)  In  addition,  applicants  for  any examination
 9        shall be required to pay, either to the Department or  to
10        the  designated  testing service, a fee covering the cost
11        of providing the examination.  Failure to appear for  the
12        examination  on the scheduled date, at the time and place
13        specified, after the  applicant's  application  for  each
14        examination  has  been  received  and acknowledged by the
15        Department  or  the  designated  testing  service,  shall
16        result in the forfeiture of the examination fee.
17        (b)  Certificate of professional engineer.
18             (1)  The  fee  for  application  for  a  license  by
19        examination is $100.
20             (2)  In addition,  applicants  for  any  examination
21        shall  be required to pay, either to the Department or to
22        the designated testing service, a fee covering  the  cost
23        of  providing the examination.  Failure to appear for the
24        examination on the scheduled date, at the time and  place
25        specified,  after  the  applicant's  application for each
26        examination has been received  and  acknowledged  by  the
27        Department  or  the  designated  testing  service,  shall
28        result in the forfeiture of the examination fee.
29             (3)  The  fee  for  application  for  a  license  by
30        endorsement  for  a  professional  engineer registered or
31        licensed under the laws of another state or territory  of
32        the  United States or of a foreign country or province is
33        $100.
34             (4)  The biennial fee for the renewal of  a  license
 
HB2647 Engrossed           -53-               LRB9100291ACtmA
 1        shall be $60.
 2             (5)  The  fee for application for the restoration of
 3        a license other than from inactive  status  is  $10  plus
 4        payment of all lapsed renewal fees.
 5        (c)  Professional design firm registration fees.
 6             (1)  The  fee  for  application for a certificate of
 7        registration as a professional design firm is $75.
 8             (2)  The biennial fee for renewal of  a  certificate
 9        of  registration  as  a professional design firm shall be
10        $75.
11        (d)  General fees.
12             (1)  The  fee  for  the  issuance  of  a   duplicate
13        license,  for the issuance of a replacement license for a
14        license which has been  lost  or  destroyed  or  for  the
15        issuance  of  a  license with a change of name or address
16        other than during the renewal period is $20.  No  fee  is
17        required  for  name  and  address  changes  on Department
18        records when no duplicate license is issued.
19             (2)  The fee for a certification of  a  registrant's
20        record for any purpose is $20.
21             (3)  The fee for retabulating the numerical score of
22        an   examination   is  the  cost  to  the  Department  of
23        retabulating the examination, plus any  fees  charged  by
24        the  applicable  testing  service to have the examination
25        retabulated.
26             (4)  The  fee  for  a   wall   certificate   showing
27        licensure   is  the  actual  cost  of  producing  such  a
28        certificate.
29             (5)  The fee for a roster  of  persons  licensed  as
30        professional  engineers  and of professional design firms
31        in this State is the actual  cost  of  producing  such  a
32        roster.
33        (e)  Any  person who delivers a check or other payment to
34    the Department that is returned to the Department  unpaid  by
 
HB2647 Engrossed           -54-               LRB9100291ACtmA
 1    the financial institution upon which it is drawn shall pay to
 2    the Department, in addition to the amount already owed to the
 3    Department, a fine of $50.  If the check or other payment was
 4    for  a  renewal  or  issuance  fee  and that person practices
 5    without paying the renewal fee or issuance fee and  the  fine
 6    due,  an additional fine of $100 shall be imposed.  The fines
 7    imposed  by  this  Section  are  in  addition  to  any  other
 8    discipline provided under this Act for unlicensed practice or
 9    practice on  a  nonrenewed  license.   The  Department  shall
10    notify  the  person  that  payment of fees and fines shall be
11    paid to the Department by  certified  check  or  money  order
12    within  30  calendar days of the notification.  If, after the
13    expiration of 30 days from the date of the notification,  the
14    person  has  failed  to  submit the necessary remittance, the
15    Department  shall  automatically  terminate  the  license  or
16    certificate or deny the application,  without  hearing.   If,
17    after  termination  or  denial, the person seeks a license or
18    certificate, he or she shall  apply  to  the  Department  for
19    restoration or issuance of the license or certificate and pay
20    all fees and fines due to the Department.  The Department may
21    establish  a  fee  for  the  processing of an application for
22    restoration of a license or certificate to pay  all  expenses
23    of  processing  this application.  The Director may waive the
24    fines due under this Section in individual  cases  where  the
25    Director  finds  that  the  fines  would  be  unreasonable or
26    unnecessarily burdensome.
27        (c)(f)  Disposition of fees and fines collected.  All the
28    fees and fines collected pursuant to this  Section  shall  be
29    deposited  in  the  Design  Professionals  Administration and
30    Investigation Fund.   Of the moneys deposited into the Design
31    Professionals  Administration  and  Investigation  Fund,  the
32    Department may use such funds as necessary and  available  to
33    produce  and distribute newsletters to persons licensed under
34    this Act.
 
HB2647 Engrossed           -55-               LRB9100291ACtmA
 1    (Source: P.A. 88-91; 88-428;  88-670,  eff.  12-2-94;  89-61,
 2    eff. 6-30-95; 89-235, eff. 8-4-95.)

 3        (225 ILCS 325/23) (from Ch. 111, par. 5223)
 4        Sec. 23.  Professional design firm registration.
 5        (a)  Nothing  in  this  Act shall prohibit the formation,
 6    under the provisions of the Professional Service  Corporation
 7    Act,  as  amended,  of a corporation to practice professional
 8    engineering.
 9        Any   business,   including   a   Professional    Service
10    Corporation,  that  not  formed  under  the provisions of the
11    Professional Service Corporation Act and  not  registered  as
12    such  with  the  Department,  and  which  includes within its
13    stated  purposes  or  practices,  or  holds  itself  out   as
14    available  to  practice,  professional  engineering, shall be
15    registered with the Department pursuant to the provisions set
16    forth in this Section.
17        Any sole proprietorship not  owned  and  operated  by  an
18    Illinois licensed design professional licensed under this Act
19    shall  be  prohibited  from offering professional engineering
20    services to the public. Any  sole  proprietorship  owned  and
21    operated  by  a  professional engineer with an active license
22    issued under this Act  and  conducting  or  transacting  such
23    business  under  an  assumed  name  in  accordance  with  the
24    provisions of the Assumed Business Name Act shall comply with
25    the  registration requirements of a professional design firm.
26    Any sole proprietorship owned and operated by a  professional
27    engineer  with  an  active  license issued under this Act and
28    conducting or transacting such business under the  real  name
29    of  the  sole  proprietor  is  exempt  from  the registration
30    requirements  of  a  professional  design  firm.    "Illinois
31    licensed  design  professional"  means  a person who holds an
32    active license as a professional engineer under this Act,  as
33    an  architect under the Illinois Architecture Practice Act of
 
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 1    1989, or  as  a  structural  engineer  under  the  Structural
 2    Engineering Practice Licensing Act of 1989.
 3        (b)  Any   professional   design   firm   seeking  to  be
 4    registered pursuant to the provisions of this  Section  shall
 5    not  be  registered  unless  one  or  more managing agents in
 6    charge of professional engineering activities in  this  State
 7    are   designated  by  the  professional  design  firm.   Each
 8    managing agent must at all times  maintain  a  valid,  active
 9    license to practice professional engineering in Illinois.
10        No  individual  whose  license  to  practice professional
11    engineering in this State is  currently  in  a  suspended  or
12    revoked   status   shall  act  as  a  managing  agent  for  a
13    professional design firm.
14        (c)  Any business seeking to  be  registered  under  this
15    Section  shall  make  application  on  a form provided by the
16    Department and shall provide such information as requested by
17    the Department, which shall include, but not be limited to:
18             (1)  the name  and  license  number  of  the  person
19        designated as the managing agent in responsible charge of
20        the practice of professional engineering in Illinois.  In
21        the  case  of  a  corporation, the corporation shall also
22        submit a certified copy of the resolution by the board of
23        directors designating the managing agent.  In the case of
24        a limited liability company, the company shall  submit  a
25        certified  copy of either its articles of organization or
26        operating agreement designating the managing agent;
27             (2)  the names and license numbers of the directors,
28        in the case of a corporation, the members, in the case of
29        a limited liability company, or general partners, in  the
30        case of a partnership;
31             (3)  a  list  of  all  office locations at which the
32        professional   design    firm    provides    professional
33        engineering services to the public; and
34             (4)  a  list  of  all assumed names of the business.
 
HB2647 Engrossed           -57-               LRB9100291ACtmA
 1        Nothing in this Section shall be construed  to  exempt  a
 2        professional   design   firm,   sole  proprietorship,  or
 3        professional service corporation from compliance with the
 4        requirements of the Assumed Business Name Act.
 5        It is the responsibility of the professional design  firm
 6    to  provide the Department notice, in writing, of any changes
 7    in the information requested on the application.
 8        (d)  The  Department  shall  issue  to  each  business  a
 9    certificate  of   registration   to   practice   professional
10    engineering  or  offer  the services of its licensees in this
11    State upon submittal of a proper application for registration
12    and payment of fees.  The expiration date and renewal  period
13    for   each  registration  and  renewal  procedures  shall  be
14    established by rule.
15        (e)  In the event  a  managing  agent  is  terminated  or
16    terminates  his  or  her  status  as  managing  agent  of the
17    professional design firm, the managing agent and professional
18    design firm shall notify  the  Department  of  this  fact  in
19    writing,  by  certified mail, within 10 business days of such
20    termination. Thereafter, the professional design firm, if  it
21    has  so  informed the Department, shall have 30 days in which
22    to notify the Department of the name and license number of  a
23    newly  designated  managing  agent.  If  a  corporation,  the
24    corporation   shall   also  submit  a  certified  copy  of  a
25    resolution by the board  of  directors  designating  the  new
26    managing  agent.  If a limited liability company, the company
27    shall also submit a certified copy of either its articles  of
28    organization  or  operating  agreement  designating  the  new
29    managing  agent.  The  Department may, upon good cause shown,
30    extend the original 30 day period.
31        If the professional design  firm  has  not  notified  the
32    Department in writing, by certified mail within the specified
33    time,  the  registration  shall  be  terminated without prior
34    hearing.   Notification  of  termination  shall  be  sent  by
 
HB2647 Engrossed           -58-               LRB9100291ACtmA
 1    certified mail to the last known address of the business.  If
 2    the professional design firm continues to operate  and  offer
 3    professional  engineering services after the termination, the
 4    Department may seek prosecution under Sections 24, 39, and 40
 5    of this Act  for  the  unlicensed  practice  of  professional
 6    engineering.
 7        (f)  No  professional  design  firm  shall be relieved of
 8    responsibility  for  the  conduct  or  acts  of  its   agent,
 9    employees,  members,  managers,  or officers by reason of its
10    compliance  with  this  Section,  nor  shall  any  individual
11    practicing  professional  engineering  be  relieved  of   the
12    responsibility  for professional services performed by reason
13    of  the  individual's  employment  or  relationship  with   a
14    professional design firm registered under this Section.
15        (g)  Disciplinary  action  against  a professional design
16    firm registered under this Section shall be  administered  in
17    the  same  manner  and  on  the  same grounds as disciplinary
18    action  against  a  licensed   professional   engineer.   All
19    disciplinary action taken or pending against a corporation or
20    partnership  before the effective date of this amendatory Act
21    of 1993 shall be continued or remain in  effect  without  the
22    Department filing separate actions.
23    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

24        (225 ILCS 325/24) (from Ch. 111, par. 5224)
25        Sec.  24.   Rules  of  professional conduct; Disciplinary
26    action.
27        (a)  The Department shall adopt rules  setting  standards
28    of professional conduct and establish appropriate penalty for
29    the  breach  of such rules. The Department may, singularly or
30    in combination, refuse to issue, restore, or renew a  license
31    or registration, revoke or suspend a license or registration,
32    or  place  on probation, reprimand, or impose a civil penalty
33    not  to  exceed  $10,000  upon   any   person,   corporation,
 
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 1    partnership,   or   professional   design  firm  licensed  or
 2    registered under this Act for any one or combination  of  the
 3    following:
 4             (1)  Material misstatement in furnishing information
 5        to the Department.
 6             (2)  Failure  to  comply with any provisions of this
 7        Act or any of its rules.
 8             (3)  Conviction of any crime under the laws  of  the
 9        United  States,  or any state or territory thereof, which
10        is a felony, whether  related  to  practice  or  not,  or
11        conviction  of  any crime, whether a felony, misdemeanor,
12        or otherwise, an essential element of which is dishonesty
13        or  which  is  directly  related  to  the   practice   of
14        engineering.
15             (4)  Making any misrepresentation for the purpose of
16        obtaining  licensure,  or  in applying for restoration or
17        renewal; or practice of any fraud or deceit in taking any
18        examination to qualify for licensure under this Act.
19             (5)  Purposefully making false statements or signing
20        false statements, certificates, or affidavits  to  induce
21        payment.
22             (6)  Negligence,  incompetence  or misconduct in the
23        practice  of  professional  engineering  as  a   licensed
24        professional  engineer  or  in  working  as  an  engineer
25        intern.
26             (7)  Aiding or assisting another person in violating
27        any provision of this Act or its rules.
28             (8)  Failing to provide information in response to a
29        written  request  made  by  the Department within 30 days
30        after receipt of such written request.
31             (9)  Engaging   in   dishonorable,   unethical    or
32        unprofessional  conduct of a character likely to deceive,
33        defraud or harm the public.
34             (10)  Habitual intoxication or addiction to the  use
 
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 1        of drugs.
 2             (11)  Discipline  by  the  United States Government,
 3        another state, District of Columbia,  territory,  foreign
 4        nation  or  government  agency,  if  at  least one of the
 5        grounds for the discipline is the same  or  substantially
 6        equivalent to those set forth in this Act.
 7             (12)  Directly  or indirectly giving to or receiving
 8        from  any  person,  firm,  corporation,  partnership   or
 9        association  any fee, commission, rebate or other form of
10        compensation for any professional services  not  actually
11        or personally rendered.
12             (13)  A  finding by the Board that an applicant or a
13        registrant has failed  to  pay  a  fine  imposed  by  the
14        Department, a registrant whose license has been placed on
15        probationary  status has violated the terms of probation,
16        or a registrant has practiced on  an  expired,  inactive,
17        suspended, or revoked license.
18             (14)  Signing,  affixing the professional engineer's
19        seal or permitting the professional engineer's seal to be
20        affixed to any  technical  submissions  not  prepared  as
21        required  by  Section  14  or  completely reviewed by the
22        professional   engineer   or   under   the   professional
23        engineer's direct supervision.
24             (15)  Physical illness, including but not limited to
25        deterioration through the aging process or loss of  motor
26        skill,  which  results  in  the inability to practice the
27        profession with reasonable judgment, skill or safety.
28             (16)  The making of  a  statement  pursuant  to  the
29        Environmental  Barriers  Act that a plan for construction
30        or alteration of a public facility or for construction of
31        a multi-story housing unit  is  in  compliance  with  the
32        Environmental  Barriers  Act  when  such  plan  is not in
33        compliance.
34             (17)  Failing to file a return, or to pay  the  tax,
 
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 1        penalty  or  interest  shown in a filed return, or to pay
 2        any final assessment  of  tax,  penalty  or  interest  as
 3        required  by  a  tax  Act  administered  by  the Illinois
 4        Department  of  Revenue,   until   such   time   as   the
 5        requirements of any such tax Act are satisfied.
 6        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
 7    showing  of a possible violation may compel a person licensed
 8    to practice under this Act, or who has applied for  licensure
 9    or  certification pursuant to this Act, to submit to a mental
10    or physical examination, or both, as required by and  at  the
11    expense of the Department.  The examining physicians shall be
12    those specifically designated by the Board.  The Board or the
13    Department  may  order  the  examining  physician  to present
14    testimony concerning this mental or physical  examination  of
15    the licensee  or applicant.  No information shall be excluded
16    by  reason  of any common law or statutory privilege relating
17    to communications between the licensee or applicant  and  the
18    examining  physician.  The person to be examined may have, at
19    his or her own expense,  another  physician  of  his  or  her
20    choice   present  during  all  aspects  of  the  examination.
21    Failure of any person to  submit  to  a  mental  or  physical
22    examination,  when  directed, shall be grounds for suspension
23    of a license until the person submits to the  examination  if
24    the  Board  finds, after notice and hearing, that the refusal
25    to submit to the examination was without reasonable cause.
26        If the Board finds a person unable to practice because of
27    the reasons set forth in this Section, the Board may  require
28    that  person  to  submit to care, counseling, or treatment by
29    physicians  approved  or  designated  by  the  Board   as   a
30    condition, term, or restriction for continued, reinstated, or
31    renewed   licensure   to  practice;  or,  in  lieu  of  care,
32    counseling, or treatment, the  Board  may  recommend  to  the
33    Department  to  file  a  complaint  to  immediately  suspend,
34    revoke,  or  otherwise  discipline the license of the person.
 
HB2647 Engrossed           -62-               LRB9100291ACtmA
 1    Any person whose license was granted, continued,  reinstated,
 2    renewed,  disciplined,  or  supervised subject to such terms,
 3    conditions, or restrictions and who fails to comply with such
 4    terms, conditions, or restrictions shall be referred  to  the
 5    Director  for  a determination as to whether the person shall
 6    have his or her  license  suspended  immediately,  pending  a
 7    hearing by the Board.
 8        (b)  The   determination   by  a  circuit  court  that  a
 9    registrant is subject to involuntary  admission  or  judicial
10    admission  as provided in the Mental Health and Developmental
11    Disabilities Code, as now or hereafter amended,  operates  as
12    an  automatic suspension.  Such suspension will end only upon
13    a finding by a court that the patient is no longer subject to
14    involuntary admission or judicial admission, the issuance  of
15    an  order  so  finding  and  discharging the patient, and the
16    recommendation  of  the  Board  to  the  Director  that   the
17    registrant be allowed to resume practice.
18    (Source:  P.A.  88-372;  88-428; 88-670, eff. 12-2-94; 89-61,
19    eff. 6-30-95.)

20        (225 ILCS 325/44) (from Ch. 111, par. 5244)
21        Sec.  44.   Fund;  appropriations;  investments;  audits.
22    Moneys deposited in the Design  Professionals  Administration
23    and   Investigation   Fund   shall  be  appropriated  to  the
24    Department exclusively for expenses of the Department and the
25    Board  in  the  administration  of  this  Act,  the  Illinois
26    Professional  Land  Surveyor  Act  of  1989,   the   Illinois
27    Architecture  Practice  Act,  and  the Structural Engineering
28    Practice  Licensing  Act  of  1989.    The  expenses  of  the
29    Department under this Act shall be limited  to  the  ordinary
30    and contingent expenses of the Design Professionals Dedicated
31    Employees  within the Department as established under Section
32    62.1 of the Civil Administrative Code of Illinois  and  other
33    expenses  related  to  the  administration and enforcement of
 
HB2647 Engrossed           -63-               LRB9100291ACtmA
 1    this Act.
 2        Moneys from the Fund may also  be  used  for  direct  and
 3    allocable  indirect  costs  related to the public purposes of
 4    the Department of Professional  Regulation.   Moneys  in  the
 5    Fund may be transferred to the Professions Indirect Cost Fund
 6    as authorized by Section 61e of the Civil Administrative Code
 7    of Illinois.
 8        Moneys  in  the  Design  Professionals Administration and
 9    Investigation Fund may be invested and  reinvested  with  all
10    earnings received from the investments to be deposited in the
11    Design  Professionals  Administration  and Investigation Fund
12    and used for the same purposes as fees deposited in the Fund.
13        All fines and penalties under Section 24, and Section 39,
14    Section 42, and Section 43 shall be deposited in  the  Design
15    Professionals Administration and Investigation Fund.
16        Upon  the  completion  of  any audit of the Department as
17    prescribed by the Illinois  State  Auditing  Act  that  audit
18    includes  an audit of the Design Professionals Administration
19    and Investigation Fund, the Department shall make  the  audit
20    report open to inspection by any interested person.  The copy
21    of   the  audit  report  required  to  be  submitted  to  the
22    Department by this Section is in addition to copies of  audit
23    reports  required to be submitted to other State officers and
24    agencies by Section 3-14 of the Illinois State Auditing Act.
25    (Source: P.A. 89-204, eff. 1-1-96.)

26        (225 ILCS 325/47) (from Ch. 111, par. 5247)
27        Sec.  47.   Practice   of   structural   engineering   or
28    architecture.  No professional engineer shall practice either
29    structural   engineering   as   defined   in  the  Structural
30    Engineering Practice Licensing Act of 1989 or architecture as
31    defined in the Illinois Architecture  Practice  Act  of  1989
32    unless  he  is  licensed pursuant to the provisions of either
33    the Structural Engineering  Licensing  Act  of  1989  or  the
 
HB2647 Engrossed           -64-               LRB9100291ACtmA
 1    Illinois Architecture Practice Act, respectively.
 2    (Source: P.A. 86-667; 86-1475.)

 3        Section  50.  The Illinois Professional Land Surveyor Act
 4    of 1989 is amended by changing Sections 4, 6, 7, 8,  10,  12,
 5    13,  14,  15,  18,  20, 21, 25, 27, and 48 and adding Section
 6    18.5 as follows:

 7        (225 ILCS 330/4) (from Ch. 111, par. 3254)
 8        Sec. 4.  Definitions.  As used in this Act:
 9        (a)  "Department" means the  Department  of  Professional
10    Regulation.
11        (b)  "Director"   means   the  Director  of  Professional
12    Regulation.
13        (c)  "Board" means the Land Surveyors Licensing Examining
14     Board.
15        (d)  "Direct supervision and control" means the  personal
16    review  by  a  Licensed  Professional  Land  Surveyor of each
17    survey, including, but not limited to, procurement, research,
18    field work, calculations, preparation of  legal  descriptions
19    and  plats.  The personal review shall be of such a nature as
20    to assure the client that the Professional Land  Surveyor  or
21    the firm for which the Professional Land Surveyor is employed
22    is the provider of the surveying services.
23        (e)  "Responsible charge" means an individual responsible
24    for  the  various  components  of  the land survey operations
25    subject  to  the  overall  supervision  and  control  of  the
26    Professional Land Surveyor.
27        (f)  "Design  professional"  means   a   land   surveyor,
28    architect,  structural  engineer,  or  professional  engineer
29    practicing   in  conformance  with  this  Act,  the  Illinois
30    Architecture Practice Act of 1989, the Structural Engineering
31    Practice  Licensing  Act  of  1989,   or   the   Professional
32    Engineering Practice Act of 1989.
 
HB2647 Engrossed           -65-               LRB9100291ACtmA
 1        (g)  "Professional   Land   Surveyor"  means  any  person
 2    licensed under the laws of the State of Illinois to  practice
 3    land surveying, as defined by this Act or its rules.
 4        (h)  "Land   Surveyor-in-Training"   means   any   person
 5    licensed  under  the  laws  of  the State of Illinois who has
 6    qualified for,  taken,  and  passed  an  examination  in  the
 7    fundamental land surveyor-in-training subjects as provided by
 8    this Act or its rules.
 9        (i)  "Land  surveying  experience" means those activities
10    enumerated in Section 5 of this Act, which, when exercised in
11    combination, to the satisfaction of the Board, is proof of an
12    applicant's broad range of training in and  exposure  to  the
13    prevailing practice of land surveying.
14    (Source: P.A. 86-987; 86-1475.)

15        (225 ILCS 330/6) (from Ch. 111, par. 3256)
16        Sec.  6.   Powers  and duties of the Department.  (a) The
17    Department shall exercise the powers and duties prescribed by
18    The   Illinois   Administrative   Procedure   Act   for   the
19    administration of licensing Acts.  The Department shall  also
20    exercise,   subject  to  the  provisions  of  this  Act,  the
21    following powers and duties:
22        (1)  Conduct or authorize examinations to  ascertain  the
23    fitness  and  qualifications  of applicants for licensure and
24    issue  licenses  to  those  who  are  found  to  be  fit  and
25    qualified.
26        (2)  Prescribe rules for a method of examination.
27        (3)  Conduct hearings on proceedings to revoke,  suspend,
28    or  refuse  to  issue,  renew, or restore a license, or other
29    disciplinary actions.
30        (4)  Promulgate rules and regulations  required  for  the
31    administration of this Act.
32        (5)  License   corporations   and  partnerships  for  the
33    practice of professional surveying and  issue  a  license  to
 
HB2647 Engrossed           -66-               LRB9100291ACtmA
 1    those who qualify.
 2        (6)  Prescribe,  adopt,  and amend rules as to what shall
 3    constitute  a  surveying  or  related   science   curriculum,
 4    determine if a specific surveying curriculum is in compliance
 5    with  the  rules,  and  terminate  the approval of a specific
 6    surveying curriculum for non-compliance with such rules.
 7        (7)  Maintain  membership  in  the  National  Council  of
 8    Engineering Examiners and participate in  activities  of  the
 9    Council   by   designating   individuals   for   the  various
10    classifications  of  membership  and  appoint  delegates  for
11    attendance at zone and national meetings of the Council.
12        (8)  Obtain  written  recommendations  from   the   Board
13    regarding   qualification   of   individuals  for  licensing,
14    definition of curriculum content and  approval  of  surveying
15    curriculums,    standards   of   professional   conduct   and
16    disciplinary  actions,  promulgate  and   amend   the   rules
17    affecting  these matters, and consult with the Board on other
18    matters affecting administration of the Act.
19        (a-5)  The Department may promulgate rules for a Code  of
20    Ethics  and  Standards  of Practice to be followed by persons
21    licensed under this Act.  The Department shall  consider  the
22    recommendations  of  the  Board  in  establishing the Code of
23    Ethics and Standards of Practice.
24        (b)  The Department  shall  consult  with  the  Board  in
25    promulgating  rules.   Notice of proposed rulemaking shall be
26    transmitted to the Board and the Department shall review  the
27    Board's response and recommendations.
28        (c)  The    Department    shall    review   the   Board's
29    recommendation  of  the  applicants'   qualifications.    The
30    Director   shall   notify   the  Board  in  writing  with  an
31    explanation of any deviation from the Board's recommendation.
32    After review of the Director's written explanation of his  or
33    her   reasons   for  deviation,  the  Board  shall  have  the
34    opportunity to comment upon the Director's decision.
 
HB2647 Engrossed           -67-               LRB9100291ACtmA
 1        Whenever the Director is not satisfied  that  substantial
 2    justice  has  been  done in the revocation or suspension of a
 3    license, or other disciplinary action the Director may  order
 4    re-hearing by the same or other boards.
 5        None  of  the  functions,  powers or duties enumerated in
 6    this Section shall be exercised by the Department except upon
 7    the action and report in writing of the Board.
 8    (Source: P.A. 86-987.)

 9        (225 ILCS 330/7) (from Ch. 111, par. 3257)
10        Sec.  7.   Creation  of  the   Board;   Composition   and
11    qualifications  and  terms  of the Board.  The Board shall be
12    appointed by the Director and shall consist of 7 members, one
13    of whom shall be a public member  and  6  of  whom  shall  be
14    Professional  Land Surveyors.  The members shall be residents
15    of Illinois.  Each Professional Land  Surveyor  member  shall
16    (a) currently hold a valid Professional Land Surveyor license
17    in Illinois and shall have held the license under this Act or
18    its predecessor for the previous 10 year period, and (b) have
19    not  been  disciplined  within  the last 10 year period under
20    this Act or its predecessor.  The public member shall not  be
21    an  employee  of  the  State  of  Illinois  or of the federal
22    government, and shall not be licensed under this Act  or  any
23    other Act the Department administers.
24        Members  shall  be appointed who reasonably represent the
25    different geographic areas of Illinois and shall serve for  5
26    year  terms,  and  until  their  successors are qualified and
27    appointed.  The term of the initial appointments shall be  as
28    follows:  the public member shall be appointed to serve for 3
29    years, 2 land surveyor members shall be  appointed  to  serve
30    for  2  years,  2 land surveyor members shall be appointed to
31    serve for 4 years, and  2  land  surveyor  members  shall  be
32    appointed  to  serve  for 5 years, and until their successors
33    are qualified and appointed.  A member shall not be  eligible
 
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 1    for  appointment  to  more  than  2 consecutive 5 year terms.
 2    Appointments to fill vacancies shall  be  made  in  the  same
 3    manner as original appointments, for the unexpired portion of
 4    the term.  Initial terms shall begin on the effective date of
 5    this  Act.  Board  members currently appointed under this The
 6    Illinois Land Surveyors Act and in office  on  the  effective
 7    date  of  this  Act shall continue to hold office until their
 8    terms expire and they are replaced initial  appointees  under
 9    this  Act are qualified and appointed. All appointments shall
10    be   made   on   the   basis   of   individual   professional
11    qualifications with the exception of the  public  member  and
12    shall  not be based upon race, sex, or religious or political
13    affiliations.
14        Each member of the Board shall receive compensation  when
15    attending  to  the work of the Board or any of its committees
16    and for time spent in necessary travel.  In addition, members
17    shall be reimbursed for  actual  traveling,  incidentals  and
18    expenses necessarily incurred in carrying out their duties as
19    members of the Board.
20        The    Director    shall    consider   the   advice   and
21    recommendations of the Board on issues involving standards of
22    professional conduct, discipline and  qualifications  of  the
23    candidates and licensees under this Act.
24        The  Director shall make the Board appointments within 90
25    days of any vacancy.  The Professional Land Surveyor  members
26    shall  be  selected from a current list of candidates updated
27    by June 1 of each year, as submitted by members of  the  land
28    surveying profession and by affiliated organizations.
29        Members  of  the  Board  shall be immune from suit in any
30    action based  upon  any  disciplinary  proceedings  or  other
31    activities performed in good faith as members of the Board.
32        The  Director  may  remove  any  member  of the Board for
33    misconduct, incompetence, neglect of duty, or for any  reason
34    prescribed  by  law for removal of State Officials or for not
 
HB2647 Engrossed           -69-               LRB9100291ACtmA
 1    attending 2 consecutive Board meetings.
 2    (Source: P.A. 86-987.)

 3        (225 ILCS 330/8) (from Ch. 111, par. 3258)
 4        Sec. 8.  Powers and duties of the Board; quorum.  Subject
 5    to the provisions of this Act, the Board shall  exercise  the
 6    following functions, powers, and duties:
 7        (a)  Review  education  and  experience qualifications of
 8    applicants to determine eligibility as  a  Professional  Land
 9    Surveyor  or  Land  Surveyor-in-Training  and  submit  to the
10    Director written recommendations on applicant  qualifications
11    for licensing;
12        (b)  Conduct  hearings regarding disciplinary actions and
13    submit a written report to the Director as required  by  this
14    Act and provide a Board member at informal conferences;
15        (c)  Visit universities or colleges to evaluate surveying
16    curricula and submit to the Director a written recommendation
17    of acceptability of the curriculum;
18        (d)  Submit  a  written  recommendation  to  the Director
19    concerning  promulgation  or  amendment  of  rules  for   the
20    administration of this Act;
21        (e)  The  Department  may  at  any  time  seek the expert
22    advice and knowledge of the Board on any matter  relating  to
23    the enforcement of this Act;
24        (f)  The  Board  may appoint a subcommittee to serve as a
25    Complaint Committee to  recommend  the  disposition  of  case
26    files according to procedures established by rule;
27        (g)  Hold at least 3 regular meetings each year; and
28        (h)  The  Board  shall annually elect a Chairperson and a
29    Vice Chairperson chairman who shall be licensed  an  Illinois
30    Professional Land Surveyors Surveyor.
31        A  quorum  of  the  Board  shall consist of a majority of
32    Board members appointed.
33    (Source: P.A. 88-428.)
 
HB2647 Engrossed           -70-               LRB9100291ACtmA
 1        (225 ILCS 330/10) (from Ch. 111, par. 3260)
 2        Sec. 10.  Application for original license.  Every person
 3    who desires to obtain a license shall apply to the Department
 4    in  writing,  upon  forms  prepared  and  furnished  by   the
 5    Department.   Each  application shall contain statements made
 6    under oath, showing the  applicant's  education,  a  detailed
 7    summary   of  his  or  her  land  surveying  experience,  and
 8    verification of the applicant's land surveying experience  by
 9    the  applicant's  supervisor  who  shall  be  a licensed land
10    surveyor and at least one reference  who  is  a  Professional
11    Land  Surveyor  having  personal knowledge of the applicant's
12    land  surveying  experience  and  who   shall   certify   the
13    applicant's  experience to the satisfaction of the Board, and
14    the application shall be accompanied with the  required  fee.
15    The  Department  may require an applicant, at the applicant's
16    expense, to have an evaluation of the  applicant's  education
17    in  a  foreign country by a nationally recognized educational
18    body  approved  by  the  Board  in  accordance   with   rules
19    prescribed by the Department.
20        An  applicant who graduated from a land surveying program
21    outside the United States or its territories and whose  first
22    language is not English shall submit certification of passage
23    of  the Test of English as a Foreign Language (TOEFL) and the
24    Test of Spoken English (TSE) as defined by rule before taking
25    the licensure examination.
26    (Source: P.A. 89-594, eff. 8-1-96.)

27        (225 ILCS 330/12) (from Ch. 111, par. 3262)
28        Sec. 12.  Qualifications for licensing.
29        (a) A person is qualified  to  receive  a  license  as  a
30    Professional  Land  Surveyor and the Department shall issue a
31    license to a person:
32             (1)  who has applied in writing in the required form
33        and substance to the Department;
 
HB2647 Engrossed           -71-               LRB9100291ACtmA
 1             (2)  (blank);
 2             (3)  who is of good moral character;
 3             (4)  who has been  issued  a  acquired  an  Illinois
 4        license as a Land Surveyor-in-Training;
 5             (5)  who  has at least 4 years of responsible charge
 6        experience, subsequent to passage of an  examination  for
 7        licensure  as  a Land Surveyor-in-Training, verified by a
 8        Professional Land Surveyor in responsible charge of  land
 9        surveying  operations  under  the  direct supervision and
10        control of a an Illinois Professional Land Surveyor; and
11             (6)  who has passed an examination authorized by the
12        Department to determine his or her fitness to  receive  a
13        license as a Professional Land Surveyor.
14        (b)  A person is qualified to receive a license as a Land
15    Surveyor-in-Training and the Department shall issue a license
16    to a person:
17             (1)  who has applied in writing in the required form
18        and substance to the Department;
19             (2)  (blank);
20             (3)  who is of good moral character;
21             (4)  who  has  the required education and experience
22        in the practice of land surveying as set  forth  in  this
23        Act; and
24             (5)  who has passed an examination authorized by the
25        Department  to  determine his or her fitness to receive a
26        license as a Land Surveyor-in-Training in accordance with
27        this Act.
28        In determining moral character under  this  Section,  the
29    Department  may take into consideration whether the applicant
30    has engaged in  conduct  or  actions  that  would  constitute
31    grounds  for  discipline under this Act any felony conviction
32    or any violation of this Act by the  applicant,  but  such  a
33    conviction shall not operate as an absolute bar to licensing.
34    (Source: P.A. 89-387, eff. 8-20-95.)
 
HB2647 Engrossed           -72-               LRB9100291ACtmA
 1        (225 ILCS 330/13) (from Ch. 111, par. 3263)
 2        Sec.  13.   Qualifications  for  examination for Licensed
 3    Land   Surveyor-in-Training.    (a)   Applicants   for    the
 4    examination for Land Surveyor-in-Training shall have:
 5        (1)  a  baccalaureate  degree  in  Land Surveying from an
 6    accredited college or university;, or a baccalaureate  degree
 7    in  a related science including at least 24 semester hours of
 8    land surveying courses from a Board approved curriculum of an
 9    accredited institution;
10        (2)  a  baccalaureate  degree  in   a   related   science
11    including  at  least  24  semester  hours  of  land surveying
12    courses from a Board approved  curriculum  of  an  accredited
13    institution.  a  baccalaureate degree in a related science as
14    approved  by  the  Board,  from  an  accredited  college   or
15    university and 2 years land surveying experience;
16        (3)  an  associate  degree  in  Land Surveying Technology
17    from an accredited junior college and 3 years land  surveying
18    experience;
19        (4)  an  associate  degree in engineering technology from
20    an accredited junior  college  and  4  years  land  surveying
21    experience; or
22        (5)  a  high school diploma or its equivalent and 8 years
23    land surveying experience.
24        Beginning January 1,  1998,  an  applicant  must  have  a
25    baccalaureate  degree  in  land  surveying from an accredited
26    college or university, or a baccalaureate degree in a related
27    science  including  at  least  24  semester  hours  of   land
28    surveying  courses  from  a  Board  approved curriculum of an
29    accredited institution, to be eligible  for  licensing  as  a
30    Land Surveyor-in-Training.
31    (Source: P.A. 86-987.)

32        (225 ILCS 330/14) (from Ch. 111, par. 3264)
33        Sec.  14.   License  to  be displayed.  Every holder of a
 
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 1    license   as   a   Professional   Land   Surveyor   or   Land
 2    Surveyor-in-Training  shall  display  it  in  a   conspicuous
 3    location  place  in  his  or  her  principal office, place of
 4    business, or place of employment, or  any  other  offices  or
 5    places  of business or employment where the Professional Land
 6    Surveyor or Land Surveyor-in-Training regularly practices.
 7    (Source: P.A. 86-987.)

 8        (225 ILCS 330/15) (from Ch. 111, par. 3265)
 9        Sec. 15.  Seal.  Every Professional Land  Surveyor  shall
10    have  a reproducible seal or facsimile, which may be computer
11    generated, the impression of which shall contain the name  of
12    the  land surveyor, his or her place of business, the license
13    number, of the Professional  Land  Surveyor,  and  the  words
14    "Professional   Land   Surveyor,   State   of  Illinois".   A
15    Professional Land Surveyor shall seal or stamp all  documents
16    prepared  by  or  under the direct supervision and control of
17    the Professional Land  Surveyor.    Any  seal  authorized  or
18    approved  by the Department under the Illinois Land Surveyors
19    Act shall serve the same purpose as the seal provided for  by
20    this  Act.  Signatures  generated  by  computer  shall not be
21    permitted.  The licensee's  written  signature  and  date  of
22    signing  along  with  the date of license expiration shall be
23    placed adjacent to the seal.
24    (Source: P.A. 90-655, eff. 7-30-98.)

25        (225 ILCS 330/18) (from Ch. 111, par. 3268)
26        Sec.  18.   Renewal,  reinstatement  or  restoration   of
27    license;  Persons  in  military service.  The expiration date
28    and renewal period for each license as  a  Professional  Land
29    Surveyor  issued  under  this  Act shall be set by rule.  The
30    holder of a license may renew such license during  the  month
31    preceding  the  expiration  date  by paying the required fee.
32    Each application for renewal  shall  be  impressed  with  the
 
HB2647 Engrossed           -74-               LRB9100291ACtmA
 1    Professional Land Surveyor's seal or stamp.
 2        Any  Professional  Land  Surveyor  whose license has been
 3    inactive expired for less than 5 years is required to pay the
 4    current renewal  fee  and  shall  have  his  or  her  license
 5    restored.
 6        If  the  Professional Land Surveyor has not maintained an
 7    active practice in another jurisdiction satisfactory  to  the
 8    Department,  the Department shall determine, by an evaluation
 9    program established by rule, the person's fitness  to  resume
10    active  status  and  may  require that person to successfully
11    complete an examination.
12        A Professional  Land  Surveyor  whose  license  has  been
13    expired  for  more than 5 years may have the license restored
14    by making application to  the  Department  and  filing  proof
15    acceptable  to  the  Board  of  fitness  to  have the license
16    restored, including,  but  not  limited  to,  sworn  evidence
17    certifying  to  active  practice  in another jurisdiction and
18    payment of the required renewal, reinstatement or restoration
19    fee.
20        However, any Professional  Land  Surveyor  whose  license
21    expired  while  engaged (a) in federal service on active duty
22    with the armed forces of the  United  States,  or  the  State
23    Militia  called  into  active  service or training, or (b) in
24    training or education under the  supervision  of  the  United
25    States  preliminary  to  induction into the military service,
26    may  have  a  license  renewed  without  paying  any   lapsed
27    reinstatement  or  restoration  fees  upon  passing  an  oral
28    examination  by the Board, or without taking any examination,
29    if approved by the  Board,  if,  within  2  years  after  the
30    termination  other  than  by  dishonorable  discharge of such
31    service, training, or education, the licensee  furnishes  the
32    Department  with  an affidavit to the effect the licensee was
33    so engaged and that the service, training, or  education  has
34    so terminated.
 
HB2647 Engrossed           -75-               LRB9100291ACtmA
 1        A license for a Land Surveyor-in-Training is valid for 10
 2    years and may not be renewed.
 3    (Source: P.A. 86-987.)

 4        (225 ILCS 330/18.5 new)
 5        Sec.  18.5.  Continuing  education.   The  Department may
 6    promulgate rules of continuing education for persons licensed
 7    under  this  Act.   The   Department   shall   consider   the
 8    recommendations  of  the Board in establishing the guidelines
 9    for the continuing education requirements.  The  requirements
10    of  this  Section  apply  to  any  person  seeking renewal or
11    restoration under Section 18 or 19 of this Act.

12        (225 ILCS 330/20) (from Ch. 111, par. 3270)
13        Sec. 20.  Endorsement.  Upon payment of the required fee,
14    an applicant who is a  Professional  Land  Surveyor,  a  Land
15    Surveyor-in-Training,   or   registered,   or   licensed,  or
16    otherwise legally recognized as a  Land  Surveyor  under  the
17    laws  of  another state or territory of the United States may
18    be  granted  a  license  as  an  Illinois  Professional  Land
19    Surveyor by the Department with approval of  the  Board  upon
20    the following conditions:
21        (a)  That   the  applicant  meets  the  requirements  for
22    licensing in  this  State,  and  that  the  requirements  for
23    licensing or other legal recognition of Land Surveyors in the
24    particular  state  or territory were, at the date of issuance
25    of the license or certificate, equivalent to the requirements
26    then in  effect  in  the  State  of  Illinois;  however,  the
27    applicant  shall  be exempt from the requirements of item (5)
28    of subsection (a) of Section 12 of this Act if he or she  (1)
29    applied for a license under this Section between September 1,
30    1996  and  October  31,  1996 and (2) has 10 or more years of
31    supervised experience as a land surveyor; and
32        (b)  That   the   applicant   passes   a   jurisdictional
 
HB2647 Engrossed           -76-               LRB9100291ACtmA
 1    examination to determine the  applicant's  knowledge  of  the
 2    surveying  tasks unique to the State of Illinois and the laws
 3    pertaining thereto.
 4    (Source: P.A. 90-602, eff. 6-26-98.)

 5        (225 ILCS 330/21) (from Ch. 111, par. 3271)
 6        Sec. 21.  Fees. The following fees are not refundable:
 7        (a)  The Department shall provide by rule for a  schedule
 8    of  fees to be paid for licenses by all applicants.  All fees
 9    are not refundable The fee for application for a license as a
10    Land Surveyor-in-Training is $70.
11        (b)  The fees for the administration and  enforcement  of
12    the  Act,  including  but  not limited to original licensure,
13    renewal, and  restoration,  shall  be  set  by  rule  by  the
14    Department  The  fee  for  application  for  a  license  as a
15    Professional Land Surveyor is $150.
16        (c)  All fees and fines collected shall be  deposited  in
17    the  Design  Professionals  Administration  and Investigation
18    Fund.  Of the moneys deposited into the Design  Professionals
19    Administration and Investigation Fund, the Department may use
20    such funds as necessary to produce and distribute newsletters
21    to  persons licensed under this Act The fee for a license for
22    a Professional Land Surveyor registered or licensed under the
23    laws of another state or territory of the United States or of
24    a foreign country or province is $150.
25        (d)  The fee for the renewal of a license shall be $60.
26        (e)  The fee for the restoration of a license other  than
27    from  inactive  status  is  $10  plus  payment  of all lapsed
28    renewal fees, the total fee not to exceed $110.
29        (f)  The fee for  a  certificate  of  registration  as  a
30    Professional Land Surveyor Firm is $75.
31        (g)  The   fee  for  the  renewal  of  a  certificate  of
32    registration as a professional land surveying firm  shall  be
33    $60.
 
HB2647 Engrossed           -77-               LRB9100291ACtmA
 1        (h)  The  fee  for the issuance of a replacement license,
 2    for a license which has been lost or destroyed,  or  for  the
 3    issuance  of a license with a change of name or address other
 4    than during the renewal period is $20.  No  fee  is  required
 5    for  name  and  address changes on Department records when no
 6    duplicate license is issued.
 7        (i)  The fee for a certification of a  licensee's  record
 8    for any purpose is $20.
 9        (j)  The  fee for an examination to determine preliminary
10    education is $20.
11        (k)  The fee for rescoring an examination is the cost  to
12    the  Department  of  rescoring the examination, plus any fees
13    charged  by  the  applicable  testing  service  to  have  the
14    examination rescored.
15        (l)  The fee for a wall certificate showing licensure  is
16    the actual cost of producing such certificate.
17        (m)  The  fee  for  a  roster of persons licensed as Land
18    Surveyor-in-Training or Professional Land  Surveyor  in  this
19    State is the actual cost of producing such a roster.
20    (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)

21        (225 ILCS 330/25) (from Ch. 111, par. 3275)
22        Sec.   25.   Professional   design  land  surveying  firm
23    registration.
24        (a)  Nothing in this Act shall  prohibit  the  formation,
25    under  the provisions of the Professional Service Corporation
26    Act, of a corporation to offer the practice  of  professional
27    land surveying.
28        Any    business,   including   a   Professional   Service
29    Corporation, that includes  within  its  stated  purposes  or
30    practices,  or  holds  itself  out  as available to practice,
31    professional land surveying  shall  be  registered  with  the
32    Department  pursuant  to  the  provisions  set  forth in this
33    Section.
 
HB2647 Engrossed           -78-               LRB9100291ACtmA
 1        Any sole proprietorship not  owned  and  operated  by  an
 2    Illinois licensed design professional licensed under this Act
 3    shall  be prohibited from offering professional land surveyor
 4    services to the public.  Any sole  proprietorship  owned  and
 5    operated  by  a  professional  land  surveyor  with an active
 6    license issued under this Act and conducting  or  transacting
 7    such  business  under  an assumed name in accordance with the
 8    provisions of the Assumed Business Name Act shall comply with
 9    the registration requirements of a professional design  firm.
10    Any  sole proprietorship owned and operated by a Professional
11    Land Surveyor with an active license issued  under  this  Act
12    and  conducting  or  transacting such business under the real
13    name of the sole proprietor is exempt from  the  registration
14    requirements   of  a  professional  design  firm.   "Illinois
15    licensed design professional" means a  person  who  holds  an
16    active   license   as   a  professional  engineer  under  the
17    Professional  Engineering  Practice  Act  of  1989,   as   an
18    architect  under  the  Illinois  Architecture Practice Act of
19    1989,  as  a  structural  engineer   under   the   Structural
20    Engineering  Practice  Act of 1989, or as a Professional Land
21    Surveyor under this Act.
22        (b)  Any  professional  design   firm   seeking   to   be
23    registered  pursuant  to the provisions of this Section shall
24    not be registered unless  one  or  more  managing  agents  in
25    charge   of  land  surveyor  activities  in  this  State  are
26    designated by the professional design  firm.   Each  managing
27    agent  must  at all times maintain a valid, active license to
28    practice professional land surveying in Illinois.
29        No individual whose license to practice professional land
30    surveying in this  State  is  currently  in  a  suspended  or
31    revoked   state   shall   act  as  a  managing  agent  for  a
32    professional design firm.
33        (c)  Any business seeking to  be  registered  under  this
34    Section  shall  make  application  on  a form provided by the
 
HB2647 Engrossed           -79-               LRB9100291ACtmA
 1    Department and shall provide such information as requested by
 2    the Department, which shall include, but not be limited to:
 3             (1)  the name  and  license  number  of  the  person
 4        designated as the managing agent in responsible charge of
 5        the  practice of professional land surveying in Illinois.
 6        In the case of a corporation, the corporation shall  also
 7        submit a certified copy of the resolution by the board of
 8        directors designating the managing agent.  In the case of
 9        a  limited  liability company, the company shall submit a
10        certified copy of either its articles or organization  or
11        operating agreement designating the managing agent;
12             (2)  the names and license numbers of the directors,
13        in the case of a corporation, the members, in the case of
14        a  limited liability company, or general partners, in the
15        case of a partnership;
16             (3)  a list of all office  locations  at  which  the
17        professional   design  firm  provides  professional  land
18        surveying services to the public; and
19             (4)  a list of all assumed names  of  the  business.
20        Nothing  in  this  Section shall be construed to exempt a
21        professional  design  firm,   sole   proprietorship,   or
22        professional service corporation from compliance with the
23        requirements of the Assumed Business Name Act.
24        It  is the responsibility of the professional design firm
25    to provide the Department notice, in writing, of any  changes
26    in the information requested on the application.
27        (d)  The  Department  shall  issue  to  each  business  a
28    certificate  of  registration  to  practice professional land
29    surveying or offer the services  of  its  licensees  in  this
30    State upon submittal of a proper application for registration
31    and  payment of fees.  The expiration date and renewal period
32    for  each  registration  and  renewal  procedures  shall   be
33    established by rule.
34        (e)  In  the  event  a  managing  agent  is terminated or
 
HB2647 Engrossed           -80-               LRB9100291ACtmA
 1    terminates his  or  her  status  as  managing  agent  of  the
 2    professional   design   firm,   the   managing  agent  and  a
 3    professional design firm shall notify the Department of  this
 4    fact  in  writing, by certified mail, within 10 business days
 5    of such termination.   Thereafter,  the  professional  design
 6    firm,  if  it  has  so informed the Department, shall have 30
 7    days in which to  notify  the  Department  of  the  name  and
 8    licensure  number of a newly designated managing agent.  If a
 9    corporation, the corporation shall also  submit  a  certified
10    copy  of  a  resolution by the board of directors designating
11    the new managing agent.  If a limited liability company,  the
12    company  shall  also  submit  a  certified copy of either its
13    articles of organization or operating  agreement  designating
14    the  new managing agent.  The Department may, upon good cause
15    shown, extend the original 30 day period.
16        If the professional design  firm  has  not  notified  the
17    Department in writing, by certified mail within the specified
18    time,  the  registration  shall  be  terminated without prior
19    hearing.   Notification  of  termination  shall  be  sent  by
20    certified mail to the last known address of the business.  If
21    the professional design firm continues to operate  and  offer
22    professional  land  surveyor  services after the termination,
23    the Department may seek prosecution under  Sections  27,  43,
24    and   46   of   this  Act  for  the  unlicensed  practice  of
25    professional land surveying.
26        (f)  No professional design firm  shall  be  relieved  of
27    responsibility   for  the  conduct  or  acts  of  its  agent,
28    employees, members, managers, or officers by  reason  of  its
29    compliance  with  this  Section,  nor  shall  any  individual
30    practicing  professional  land  surveying  be relieved of the
31    responsibility for professional services performed by  reason
32    of   the  individual's  employment  or  relationship  with  a
33    professional design firm registered under this Section.
34        (g)  Disciplinary action against  a  professional  design
 
HB2647 Engrossed           -81-               LRB9100291ACtmA
 1    firm  registered  under this Section shall be administered in
 2    the same manner and  on  the  same  grounds  as  disciplinary
 3    action  against  a  licensed professional land surveyor.  All
 4    disciplinary action taken or pending against a corporation or
 5    partnership before the effective date of this amendatory  Act
 6    of  1999  shall  be continued or remain in effect without the
 7    Department filing  separate  actions.  Upon  payment  of  the
 8    required fee the Department shall issue, upon the approval of
 9    the Board, without examination, a certificate of registration
10    as  a  professional land surveying firm to offer the services
11    of its licensed Illinois professional land surveyors  to  any
12    corporation,  partnership, or limited liability company which
13    applies for one in writing if:
14             (1)  In a case of a corporation a  majority  of  its
15        officers   and   board   of  directors  are  licensed  as
16        professional land surveyors in Illinois.
17             (2)  In the case of a limited liability  company,  a
18        majority  of  its  members are licensed professional land
19        surveyors in Illinois.
20             (3)  In the case of a partnership,  all  members  of
21        the  partnership are licensed professional land surveyors
22        in Illinois.
23        (b)  All surveying by  the  professional  land  surveying
24    firm must be done under the direct supervision and control of
25    an  officer  of  a  managing  agent  who holds a license as a
26    professional  land  surveyor.  The  managing  agent  must  be
27    designated  on   the   professional   land   surveying   firm
28    application. The managing agent must be:
29             (1)  an officer of the corporation;
30             (2)  a member of the limited liability company; or
31             (3)  a member of the partnership.
32        When  a managing agent is terminated or terminates his or
33    her status, the managing agent shall notify the Department in
34    writing by certified mail within  10  business  days  of  the
 
HB2647 Engrossed           -82-               LRB9100291ACtmA
 1    termination. Thereafter, the professional land surveying firm
 2    shall,  within 30 days, notify the Department of the name and
 3    professional land surveyor's  license  number  of  the  newly
 4    designated  managing  agent.  The  Department  may, upon good
 5    cause, extend the 30 day period.  If  the  professional  land
 6    surveying  firm  fails to notify the Department in writing by
 7    certified mail within the specified  time,  the  registration
 8    shall  be  terminated  without prior hearing. Notification of
 9    termination shall be sent by certified mail to the last known
10    address of the business. If the professional  land  surveying
11    firm  continues  to operate and offer land surveying services
12    after the termination, the Department  may  seek  prosecution
13    under Sections 27, 43, and 43a of this Act for the unlicensed
14    practice of land surveying.
15        (h)  (c)  Any  professional  services  corporation,  sole
16    proprietorship,  or  professional  design land surveying firm
17    offering land surveying services must have  a  resident  land
18    surveyor  overseeing  the  land  surveying  practices in each
19    location in which land surveying services are provided.
20        (d)  Any sole proprietorship not owned and operated by an
21    Illinois professional land surveyor shall be prohibited  from
22    offering  land  surveying  services  to  the public. Any sole
23    proprietorship owned and operated by a land surveyor with  an
24    active  license  issued  under  this  Act  and  conducting or
25    transacting such business under an assumed name in accordance
26    with the provisions of the Assumed Business  Name  Act  shall
27    comply  with  the registration requirements of a professional
28    land surveying  firm.   Any  sole  proprietorship  owned  and
29    operated  by  a  professional  land  surveyor  with an active
30    license issued under this Act and conducting  or  transacting
31    such  business  under the real name of the sole proprietor is
32    exempt from the registration requirements of  a  professional
33    land surveying firm.
34        (e)  Disciplinary  action  against  a  professional  land
 
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 1    surveying   firm  registered  under  this  Section  shall  be
 2    administered in the same manner and on the  same  grounds  as
 3    disciplinary  action  against  a  licensed land surveyor. All
 4    disciplinary action taken or pending against a corporation or
 5    partnership before the effective date of this amendatory  Act
 6    of  1993  shall  be continued or remain in effect without the
 7    Department filing separate actions.
 8        (f)  A professional land  surveying  firm  shall  provide
 9    notice  in  writing  to  the  Department of any change in the
10    information requested upon an application.
11        (g)  Nothing in this Section shall be construed to exempt
12    a business from  compliance  with  the  requirements  of  the
13    Assumed Business Name Act.
14        (h)  Nothing  in  this  Act shall restrict licensees from
15    forming   professional   service   corporations   under   the
16    provisions of the Professional Service  Corporation  Act,  as
17    now  or  hereafter  amended,  and  having  these corporations
18    licensed for the practice of land surveying.
19    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

20        (225 ILCS 330/27) (from Ch. 111, par. 3277)
21        Sec. 27.  Grounds for disciplinary action.
22        (a)  The Department may, singularly  or  in  combination,
23    refuse  to issue, restore, or renew, or may revoke or suspend
24    a  license  or  registration,  or  may  place  on  probation,
25    censure, reprimand or impose a civil penalty  not  to  exceed
26    $10,000,   upon  any  person,  corporation,  partnership,  or
27    professional land surveying firm licensed or registered under
28    this Act for any one or combination of the following:
29             (1)  material misstatement in furnishing information
30        to the Department;
31             (2)  violation,  including,  but  not  limited   to,
32        neglect  or  intentional  disregard,  of this Act, or its
33        rules;
 
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 1             (3)  conviction of any crime under the laws  of  the
 2        United  States,  or any state or territory thereof, which
 3        is a felony, whether  related  to  practice  or  not,  or
 4        conviction  of  any crime, whether a felony, misdemeanor,
 5        or otherwise, an essential element of which is dishonesty
 6        or which is directly related  to  the  practice  of  land
 7        surveying;
 8             (4)  making any misrepresentation for the purpose of
 9        obtaining  a  license,  or in applying for restoration or
10        renewal, or the practice of any fraud or deceit in taking
11        any examination to qualify for licensure under this Act;
12             (5)  purposefully making false statements or signing
13        false statements, certificates, or affidavits  to  induce
14        payment;
15             (6)  proof     of     carelessness,    incompetence,
16        negligence, or misconduct in practicing land surveying;
17             (7)  aiding or assisting another person in violating
18        any provision of this Act or its rules;
19             (8)  failing to provide information in response to a
20        written request made by the  Department  within  30  days
21        after receipt of such written request;
22             (9)  engaging   in   dishonorable,   unethical,   or
23        unprofessional  conduct of a character likely to deceive,
24        defraud, or harm the public;
25             (10)  habitual intoxication or addiction to the  use
26        of drugs;
27             (11)  discipline  by  the  United States government,
28        another state, District of Columbia,  territory,  foreign
29        nation  or  government  agency  if  at  least  one of the
30        grounds for the discipline is the same  or  substantially
31        equivalent to those set forth in this Act;
32             (12)  directly  or indirectly giving to or receiving
33        from  any  person,  firm,  corporation,  partnership,  or
34        association any fee, commission, rebate, or other form of
 
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 1        compensation for any professional services  not  actually
 2        or personally rendered;
 3             (12.5)  issuing  a  map  or plat of survey where the
 4        fee for professional services is  contingent  on  a  real
 5        estate transaction closing;
 6             (13)  a  finding  by  the Board that an applicant or
 7        licensee  has  failed  to  pay  a  fine  imposed  by  the
 8        Department or a licensee whose license has been placed on
 9        probationary status has violated the terms of probation;
10             (14)  practicing on an expired, inactive, suspended,
11        or revoked license;
12             (15)  signing,  affixing   the   Professional   Land
13        Surveyor's  seal  or  permitting  the  Professional  Land
14        Surveyor's  seal  to  be  affixed  to  any map or plat of
15        survey not prepared by the Professional Land Surveyor  or
16        under the Professional Land Surveyor's direct supervision
17        and control;
18             (16)  physical illness, including but not limited to
19        deterioration  through the aging process or loss of motor
20        skill, which results in the  inability  to  practice  the
21        profession with reasonable judgment, skill, or safety;
22             (17)  issuing  a  check  or  other  guarantee to the
23        order of  the  Department  which  is  not  honored  on  2
24        occasions  by  the financial institution upon which it is
25        drawn because of insufficient funds;
26             (18)  failure to  adequately  supervise  or  control
27        land    surveying    operations    being   performed   by
28        subordinates.
29        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
30    showing of a possible violation may compel a person  licensed
31    to  practice under this Act, or who has applied for licensure
32    or certification pursuant to this Act, to submit to a  mental
33    or  physical  examination, or both, as required by and at the
34    expense of the Department.  The examining physicians shall be
 
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 1    those specifically designated by the Board.  The Board or the
 2    Department may  order  the  examining  physician  to  present
 3    testimony  concerning  this mental or physical examination of
 4    the licensee or applicant.  No information shall be  excluded
 5    by  reason  of any common law or statutory privilege relating
 6    to communications between the licensee or applicant  and  the
 7    examination  physician.   The person to be examined may have,
 8    at his or her own expense, another physician of  his  or  her
 9    choice   present  during  all  aspects  of  the  examination.
10    Failure of any person to  submit  to  a  mental  or  physical
11    examination,  when  directed, shall be grounds for suspension
12    of a licensee until the person submits to the examination  if
13    the  Board  finds, after notice and hearing, that the refusal
14    to submit to the examination was without reasonable cause.
15        If the Board finds a person unable to practice because of
16    the reasons set forth in this Section, the Board may  require
17    that  person  to  submit to care, counseling, or treatment by
18    physicians  approved  or  designated  by  the  Board   as   a
19    condition, term, or restriction for continued, reinstated, or
20    renewed   licensure   to  practice;  or,  in  lieu  of  care,
21    counseling, or treatment, the  Board  may  recommend  to  the
22    Department  to  file  a  complaint  to  immediately  suspend,
23    revoke,  or  otherwise  discipline the license of the person.
24    Any person whose license was granted, continued,  reinstated,
25    renewed,  disciplined,  or  supervised subject to such terms,
26    conditions, or restrictions and who fails to comply with such
27    terms, conditions, or restrictions shall be referred  to  the
28    Director  for  a determination as to whether the person shall
29    have his or her  license  suspended  immediately,  pending  a
30    hearing by the Board.
31        (b)  The determination by a circuit court that a licensee
32    is  subject to involuntary admission or judicial admission as
33    provided in the Mental Health and Developmental  Disabilities
34    Code,  as  now or hereafter amended, operates as an automatic
 
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 1    license suspension.  Such suspension will  end  only  upon  a
 2    finding  by  a court that the patient is no longer subject to
 3    involuntary admission or judicial admission and the  issuance
 4    of  an  order so finding and discharging the patient and upon
 5    the recommendation of the Board  to  the  Director  that  the
 6    licensee be allowed to resume his or her practice.
 7    (Source: P.A. 88-428; 88-595, eff. 8-26-94.)

 8        (225 ILCS 330/48) (from Ch. 111, par. 3298)
 9        Sec.  48.   Fund, appropriations, investments and audits.
10    The   moneys   deposited   in   the   Design    Professionals
11    Administration  and  Investigation  Fund  from fines and fees
12    under this  Act  shall  be  appropriated  to  the  Department
13    exclusively  for  expenses of the Department and the Board in
14    the administration of this  Act,  the  Illinois  Architecture
15    Practice  Act,  the  Professional Engineering Practice Act of
16    1989, and the Structural Engineering Practice  Licensing  Act
17    of  1989. The expenses of the Department under this Act shall
18    be limited to the ordinary and  contingent  expenses  of  the
19    Design   Professionals   Dedicated   Employees   within   the
20    Department  as  established  under  Section 62.1 of the Civil
21    Administrative Code of Illinois and other expenses related to
22    the administration and enforcement of this Act.
23        Moneys from the Fund may also  be  used  for  direct  and
24    allocable  indirect  costs  related to the public purposes of
25    the Department of Professional  Regulation.   Moneys  in  the
26    Fund may be transferred to the Professions Indirect Cost Fund
27    as authorized by Section 61e of the Civil Administrative Code
28    of Illinois.
29        Moneys  in  the  Design  Professionals Administration and
30    Investigation Fund may be invested and  reinvested  with  all
31    earnings received from the investments to be deposited in the
32    Design  Professionals  Administration  and Investigation Fund
33    and used for the same purposes  as  fees  deposited  in  that
 
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 1    Fund.
 2        Upon  the  completion  of  any audit of the Department as
 3    prescribed by the Illinois State Auditing Act  that  includes
 4    an  audit  of  the  Design  Professionals  Administration and
 5    Investigation Fund, the Department shall make the audit  open
 6    to  inspection  by  any  interested  person.  The copy of the
 7    audit report required to be submitted to  the  Department  by
 8    this  Section  is  in  addition  to  copies  of audit reports
 9    required to be submitted to other State officers and agencies
10    by Section 3-14 of the Illinois State Auditing Act.
11    (Source: P.A. 89-204, eff. 1-1-96.)

12        Section 55.  The Structural Engineering Licensing Act  of
13    1989  is  amended  by changing Sections 2, 4, 6, 7, 8, 9, 10,
14    11, 12, 16, 17,  19,  and  20  and  adding  Section  14.5  as
15    follows:

16        (225 ILCS 340/2) (from Ch. 111, par. 6602)
17        Sec.  2.  This Act shall be known and may be cited as the
18    Structural Engineering Practice Licensing Act of 1989.
19    (Source: P.A. 86-711.)

20        (225 ILCS 340/4) (from Ch. 111, par. 6604)
21        Sec. 4.  In this Act:
22        (a)  "Department" means the  Department  of  Professional
23    Regulation.
24        (b)  "Director"  means  the Director of the Department of
25    Professional Regulation.
26        (c)  "Board"  means  the  Structural  Engineering   Board
27    appointed by the Director.
28        (d)  "Negligence    in   the   practice   of   structural
29    engineering" means the failure to  exercise  that  degree  of
30    reasonable   professional   skill,   judgment  and  diligence
31    normally rendered by structural engineers in the practice  of
 
HB2647 Engrossed           -89-               LRB9100291ACtmA
 1    structural engineering.
 2        (e)  "Structural engineer intern" means a person who is a
 3    candidate  for licensure as a structural engineer and who has
 4    been enrolled as a structural engineer intern.
 5        (f)  "Structural engineer" means a person licensed  under
 6    the  laws  of  the  State  of Illinois to practice structural
 7    engineering.
 8    (Source: P.A. 86-711.)

 9        (225 ILCS 340/6) (from Ch. 111, par. 6606)
10        Sec. 6.  The Department of Professional Regulation  shall
11    exercise  the  following functions, powers and duties subject
12    to the provisions of this Act:
13        (1)  Conduct examinations to ascertain the qualifications
14    and  fitness  of  applicants  for   licensure   as   licensed
15    structural  engineers,  and  pass upon the qualifications and
16    fitness of applicants for licensure by endorsement.
17        (2)  Prescribe rules  for  a  method  of  examination  of
18    candidates.
19        (3)  Prescribe  rules  defining  what  shall constitute a
20    school, college or university or department of a  university,
21    or  other institution, reputable and in good standing, and to
22    determine the reputability and good  standing  of  a  school,
23    college  or  other institution reputable and in good standing
24    by reference to a compliance with such rules;  provided  that
25    no   school,  college  or  university,  or  department  of  a
26    university or other institution that  refuses  admittance  to
27    applicants,  solely  on  account  of race, color, creed, sex,
28    religion, physical or mental handicap unrelated  to  ability,
29    or  national origin shall be considered reputable and in good
30    standing.
31        (3.5)  Register corporations, partnerships,  professional
32    service  corporations,  limited liability companies, and sole
33    proprietorships for the practice  of  structural  engineering
 
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 1    and issue a license to those who qualify.
 2        (4)  Investigate  complaints,  conduct  oral  interviews,
 3    disciplinary  conferences, and formal evidentiary hearings on
 4    proceedings to refuse to  issue,  renew  or  restore,  or  to
 5    suspend  or  revoke  a  license,  or to place on probation or
 6    reprimand a licensee for reasons set forth in Section  20  of
 7    this Act.
 8        (5)  Formulate   rules   necessary   to   carry  out  the
 9    provisions of this Act.
10        (6)  Maintain membership in a national organization  that
11    provides an acceptable structural engineering examination and
12    participate  in activities of the organization by designation
13    of individuals for the various classifications of  membership
14    and  the  appointment of delegates for attendance at regional
15    and  national  meetings  of  the  organization.   All   costs
16    associated  with  membership and attendance of such delegates
17    to any national  meetings  may  be  funded  from  the  Design
18    Professionals Administration and Investigation Fund.
19        Prior  to  issuance  of  any final decision or order that
20    deviates from any  report  or  recommendation  of  the  Board
21    relating  to  the  qualification of applicants, discipline of
22    licensees or  registrants,  or  promulgation  of  rules,  the
23    Director shall notify the Board and the Secretary of State in
24    writing with an explanation of any such deviation and provide
25    a reasonable time for the Board to submit written comments to
26    the  Director  regarding  the  proposed action.  In the event
27    that the Board fails  or  declines  to  submit  such  written
28    comments  within  30  days of said notification, the Director
29    may issue a final  decision  or  order  consistent  with  the
30    Director's original decision.
31        None  of  these  functions,  powers  or  duties  shall be
32    exercised by the Department of Professional Regulation except
33    upon the action and report in writing of the Board.
34    (Source: P.A. 86-711.)
 
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 1        (225 ILCS 340/7) (from Ch. 111, par. 6607)
 2        Sec.  7.   The  Director  shall  appoint   a   Structural
 3    Engineering  Board  which  shall  consist of 6 members.  Five
 4    members shall be Illinois licensed structural engineers,  who
 5    have  been  engaged in the practice of structural engineering
 6    for a minimum of 10 years, and one shall be a public member.
 7    The public member shall be a voting member and shall not hold
 8    a license as an architect, professional engineer,  structural
 9    engineer or land surveyor.
10        Members   shall  serve  5  year  terms  and  until  their
11    successors are appointed and qualified, except  that  of  the
12    initial  appointments,  2 members shall be appointed to serve
13    for one year, 2 shall be appointed to serve for 2 years and 2
14    shall be appointed to serve  for  3  years  and  until  their
15    successors are appointed and qualified.
16        In making the designation of persons to act, the Director
17    shall give due consideration to recommendations by members of
18    the   profession  and  by  organizations  of  the  structural
19    engineering profession.
20        The membership of the  Board  should  reasonably  reflect
21    representation from the geographic areas in this State.
22        No  member  shall  be reappointed to the Board for a term
23    which would cause his or her continuous service on the  Board
24    to  be longer than 10 successive years.  Service prior to the
25    effective date  of  this  Act  shall  not  be  considered  in
26    calculating length of service.
27        Appointments  to fill vacancies shall be made in the same
28    manner as original appointments, for the unexpired portion of
29    the vacated term.  Initial terms under this Act  shall  begin
30    upon  the  expiration  of  the  terms  of  Committee  members
31    appointed under The Illinois Structural Engineering Act.
32        Persons  holding office as members of the Board Committee
33    under this the Illinois Structural  Engineering  Act  on  the
34    effective  date  of  this  Act  shall serve as members of the
 
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 1    Board Committee under this Act until the  expiration  of  the
 2    term for which they were appointed and until their successors
 3    are appointed and qualified under this Act.
 4        A  quorum  of  the  Board  shall consist of a majority of
 5    Board  members  appointed.   A  majority  of  the  quorum  is
 6    required for Board decisions. Four members shall constitute a
 7    quorum of Board members.  The Chairman shall only vote on all
 8    matters to come before the Board in the case of a tie vote.
 9        The Director may terminate the appointment of any  member
10    for  cause  which  in  the opinion of the Director reasonably
11    justifies such termination, which may  include,  but  is  not
12    limited  to, a Board member who does not attend 2 consecutive
13    meetings.
14        Notice of proposed rulemaking shall be transmitted to the
15    Board and the Department shall review  the  response  of  the
16    Board  and  any recommendations made therein.  The Department
17    may, at any time, seek the expert advice and knowledge of the
18    Board  on  any  matter  relating  to  the  administration  or
19    enforcement of this Act.
20        Members of the Board shall be immune  from  suit  in  any
21    action  based  upon  any  disciplinary  proceedings  or other
22    activities performed in good faith as members of the Board.
23        Whenever the Director is not satisfied  that  substantial
24    justice  has  been  done  in an examination, the Director may
25    order a reexamination by the same or other examiners.
26    (Source: P.A. 86-711; 87-756.)

27        (225 ILCS 340/8) (from Ch. 111, par. 6608)
28        Sec. 8.  The Board has the following powers and duties:
29        (a)  The Board shall hold at  least  3  regular  meetings
30    each year;
31        (b)  The  Board  shall annually elect a Chairperson and a
32    Vice Chairperson, both of whom chairman who shall be Illinois
33     a licensed structural engineers engineer;
 
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 1        (c)  The Board, upon request by the Department, may  make
 2    a  curriculum  evaluation  to determine if courses conform to
 3    requirements of approved engineering programs;
 4        (d)  The Department may  at  any  time  seek  the  expert
 5    advice  and  knowledge of the Board on any matter relating to
 6    the enforcement of this Act;
 7        (e)  The Board may appoint a subcommittee to serve  as  a
 8    Complaint  Committee  to  recommend  the  disposition of case
 9    files according to procedures established by rule;
10        (f)  The Board shall assist the Department in  conducting
11    oral   interviews,   disciplinary   conferences,  and  formal
12    evidentiary hearings; and
13        (g)  The Board shall review applicant  qualifications  to
14    sit  for  the  examination  or  for  licensure and shall make
15    recommendations to the Department, and. the Department  shall
16    review    the    Board's    recommendations    on   applicant
17    qualifications; and.  Prior to issuance of any final decision
18    or order which deviates from any report or recommendation  of
19    the  Board  relating  to  the  qualification  of  applicants,
20    discipline  of  licensees  or registrants, or promulgation of
21    rules, the Director shall notify the Board and the  Secretary
22    of State in writing with an explanation of any such deviation
23    and provide a reasonable time for the Board to submit written
24    comments  to  the Director regarding the proposed action.  In
25    the event that the Board fails or  declines  to  submit  such
26    written  comments  within  30  days of said notification, the
27    Director may issue a final decision or order consistent  with
28    the Director's original decision.
29        (h)  The  Board  shall  submit  written  comments  to the
30    Director within  30  days  from  notification  of  any  final
31    decision  or  order  from the Director that deviates from any
32    report  or  recommendation  of  the  Board  relating  to  the
33    qualification  of  applicants,  discipline  of  licensees  or
34    registrants, or promulgation of rules.
 
HB2647 Engrossed           -94-               LRB9100291ACtmA
 1    (Source: P.A. 88-428.)

 2        (225 ILCS 340/9) (from Ch. 111, par. 6609)
 3        Sec. 9.  Applications for original licenses shall be made
 4    to the Department in  writing  on  forms  prescribed  by  the
 5    Department  and  shall  be  accompanied  by the required fee,
 6    which is not refundable.  The application shall require  such
 7    information  as in the judgment of the Department will enable
 8    the Department to pass on the qualifications of the applicant
 9    for a license. The Department may require  an  applicant,  at
10    the  applicant's  expense,  to  have  an  evaluation  of  the
11    applicant's  education  in  a  foreign county by a nationally
12    recognized  educational  body  approved  by  the   Board   in
13    accordance with rules prescribed by the Department.
14        An  applicant who graduated from a structural engineering
15    program outside the United  States  or  its  territories  and
16    whose   first   language   is   not   English   shall  submit
17    certification of passage of the Test of English as a  Foreign
18    Language  (TOEFL)  and  the  Test  of Spoken English (TSE) as
19    defined by rule before taking the licensure examination.
20    (Source: P.A. 89-594, eff. 8-1-96.)

21        (225 ILCS 340/10) (from Ch. 111, par. 6610)
22        Sec. 10.  The Department shall authorize examinations  of
23    applicants  as  structural engineers at such times and places
24    as it may determine.  The examination of applicants shall  be
25    of  a  character to give a fair test of the qualifications of
26    the applicant to practice structural engineering.
27        Applicants for examination as  structural  engineers  are
28    required  to  pay, either to the Department or the designated
29    testing service, a fee covering the  cost  of  providing  the
30    examination.   Failure  to  appear for the examination on the
31    scheduled date, at the time and place  specified,  after  the
32    applicant's application for examination has been received and
 
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 1    acknowledged  by  the  Department  or  the designated testing
 2    service, shall result in the forfeiture  of  the  examination
 3    fee.
 4        If  an  applicant  neglects,  fails  without  an approved
 5    excuse or refuses to  take  the  next  available  examination
 6    offered  for  licensure  under  this Act, the fee paid by the
 7    applicant shall  be  forfeited  to  the  Department  and  the
 8    application  denied.   If  an  applicant  fails  to  pass  an
 9    examination  for  a  licensure  under this Act within 3 years
10    after  filing  the  application,  the  application  shall  be
11    denied.  However, such applicant may thereafter  make  a  new
12    application  for examination accompanied by the required fee,
13    and must furnish proof  of  meeting  the  qualifications  for
14    examination in effect at the time of new application.
15        An  applicant  has one year from the date of notification
16    of successful completion of the examination to apply  to  the
17    Department  for  a  license.   If an applicant fails to apply
18    within one year, the applicant shall  be  required  to  again
19    take  and  pass  the  examination  unless licensed in another
20    jurisdiction of the United States within one year of  passing
21    the examination.
22    (Source: P.A. 86-711.)

23        (225 ILCS 340/11) (from Ch. 111, par. 6611)
24        Sec.  11.  A person is qualified for enrollment licensure
25    as a structural engineer intern or licensure as a  structural
26    engineer  if  that  person has applied in writing in form and
27    substance satisfactory to the Department and:
28        (a)  The  applicant  is  of  good  moral  character.   In
29    determining  moral  character   under   this   Section,   the
30    Department  may take into consideration whether the applicant
31    has engaged in  conduct  or  actions  that  would  constitute
32    grounds  for discipline under this Act. any felony conviction
33    of the applicant, but such a conviction shall not operate  as
 
HB2647 Engrossed           -96-               LRB9100291ACtmA
 1    an absolute bar to licensure;
 2        (a-5)  The  applicant,  if  a  structural engineer intern
 3    applicant, has met the minimum standards for enrollment as  a
 4    structural engineer intern, which are as follows:
 5             (1)  is   a  graduate  of  an  approved  engineering
 6        curriculum of at least 4 years meeting  the  requirements
 7        as  set forth by rule and passes a nominal 8-hour written
 8        examination in the fundamentals of engineering; or
 9             (2)  is a graduate of a related  science  curriculum
10        of at least 4 years meeting the requirements as set forth
11        by  rule  and passes a nominal 8-hour written examination
12        in the fundamentals of engineering.
13        (b)  The applicant, if a structural  engineer  applicant,
14    has  met  the minimum standards for licensure as a structural
15    engineer, which are as follows:
16             (1)  is  a  graduate  of  an  approved   engineering
17        curriculum  of  at least 4 years meeting the requirements
18        as set forth by rule and submits evidence  acceptable  to
19        the  Department  of  an  additional  4  years  or more of
20        experience in structural engineering work of a grade  and
21        character  which  indicates  that  the  individual may be
22        competent to practice structural engineering as set forth
23        by rule; or
24             (2)  is a graduate of an  approved  related  science
25        curriculum  of  at least 4 years meeting the requirements
26        as set forth by rule who submits evidence  acceptable  to
27        the  Department  of  an  additional  8  years  or more of
28        progressive experience in structural engineering work  of
29        a grade and character which indicates that the individual
30        may  be  competent  to practice structural engineering as
31        set forth by rule.; and
32        (c)  The applicant, if a structural  engineer  applicant,
33    has  passed  an  examination  conducted  by the Department to
34    determine his or her  fitness  to  receive  a  license  as  a
 
HB2647 Engrossed           -97-               LRB9100291ACtmA
 1    Structural Engineer.
 2    (Source: P.A. 86-711.)

 3        (225 ILCS 340/12) (from Ch. 111, par. 6612)
 4        Sec.  12.   Every  holder  of  a  license as a structural
 5    engineer shall display it  in  a  conspicuous  place  in  the
 6    holder's principal office, place of business or employment.
 7        Every   licensed   structural   engineer   shall  have  a
 8    reproducible seal or facsimile,  the  print  of  which  shall
 9    contain the name, place of business and license number of the
10    structural  engineer,  and  the  words  "Licensed  Structural
11    Engineer,"  "State  of  Illinois."   The  licensed structural
12    engineer shall stamp with this seal all plans, drawings,  and
13    specifications   prepared   by   or   under   the  engineer's
14    supervision.
15        A licensed structural engineer  may  seal  documents  not
16    produced   by  the  licensed  structural  engineer  when  the
17    documents have either been produced by others  working  under
18    the  licensed  structural engineer's personal supervision and
19    control  or  when  the  licensed  structural   engineer   has
20    sufficiently  reviewed the documents to ensure that they have
21    met  the  standards  of  reasonable  professional  skill  and
22    diligence.  In reviewing the work  of  others,  the  licensed
23    structural  engineer  shall, where necessary, do calculations
24    recalculations, redesign, or any other work necessary  to  be
25    done  to  meet  such  standards and should retain evidence of
26    having  done  such  review.   The  documents  sealed  by  the
27    licensed structural engineer shall be of  no  lesser  quality
28    than  if  they  had  been produced by the licensed structural
29    engineer. The licensed structural engineer who seals the work
30    of others is obligated to provide sufficient supervision  and
31    review of such work so that the public is protected.
32        The   licensed   structural   engineer  shall  affix  the
33    signature, current date, date of license expiration and  seal
 
HB2647 Engrossed           -98-               LRB9100291ACtmA
 1    to  the first sheet of any bound set or loose sheets prepared
 2    by the licensed structural engineer or  under  that  licensed
 3    structural engineer's immediate supervision.
 4    (Source: P.A. 86-711.)

 5        (225 ILCS 340/14.5 new)
 6        Sec.  14.5.   Continuing  education.   The Department may
 7    promulgate rules of continuing education for persons licensed
 8    under  this  Act.   The   Department   shall   consider   the
 9    recommendations  of  the Board in establishing the guidelines
10    for the continuing education requirements.  The  requirements
11    of  this  Section  apply  to  any  person  seeking renewal or
12    restoration under Section 14 or 15 of this Act.

13        (225 ILCS 340/16) (from Ch. 111, par. 6616)
14        Sec. 16.  The Department may, in its discretion,  license
15    as a structural engineer upon, without examination on payment
16    of  the  required  fee,  an  applicant  who  is  a structural
17    engineer  licensed  under  the  laws  of  another  state   or
18    territory,  or  of  another  country, if the requirements for
19    licensure in the state, territory or  country  were,  at  the
20    date   of   licensure,   substantially   equivalent   to  the
21    requirements in force in this State on that date.
22        Applicants have 3 years from the date of  application  to
23    complete  the  application  process.   If the process has not
24    been completed in 3 years, the application shall  be  denied,
25    the fee forfeited and the applicant must reapply and meet the
26    requirements in effect at the time of reapplication.
27    (Source: P.A. 86-711.)

28        (225 ILCS 340/17) (from Ch. 111, par. 6617)
29        Sec. 17.  Fees.
30        (a)  The  Department shall provide by rule for a schedule
31    of fees to be paid for licenses by all applicants.  All  fees
 
HB2647 Engrossed           -99-               LRB9100291ACtmA
 1    are not refundable.
 2        (b)  The  fees  for the administration and enforcement of
 3    the Act, including but not  limited  to  original  licensure,
 4    renewal,  and  restoration,  shall  be  set  by  rule  by the
 5    Department.
 6        (c)  All fees and fines collected shall be  deposited  in
 7    the  Design  Professionals  Administration  and Investigation
 8    Fund.  Of the moneys deposited into the Design  Professionals
 9    Administration and Investigation Fund, the Department may use
10    such   funds  as  necessary  and  available  to  produce  and
11    distribute newsletters to persons licensed under this Act.
12        (a)  The following fees are not refundable:
13             (1)  The fee for application for a license is $100.
14             (2)  In addition,  applicants  for  any  examination
15        shall  be required to pay, either to the Department or to
16        the designated testing service, a fee covering  the  cost
17        of  determining  an applicant's eligibility and providing
18        the examination. Failure to appear for the examination on
19        the scheduled date, at  the  time  and  place  specified,
20        after  the  applicant's  application for each examination
21        has been received and acknowledged by the  Department  or
22        the  designated  testing  service,  shall  result  in the
23        forfeiture of the examination fee.
24             (3)  The fee for a license for a structural engineer
25        registered or licensed under the laws of another state or
26        territory of the United States, or a foreign  country  or
27        province is $100.
28             (4)  The  fee  for the renewal of a license shall be
29        $60.
30             (5)  The fee for the restoration of a license  other
31        than  from  inactive  status  is  $10 plus payment of all
32        lapsed renewal fees.
33             (6)  The fee for application for  a  certificate  of
34        registration as a professional design firm is $75.
 
HB2647 Engrossed           -100-              LRB9100291ACtmA
 1             (7)  The   fee  for  renewal  of  a  certificate  of
 2        registration as a professional design firm shall be $75.

 3        (b)  General fees.
 4             (1)  The fee for the issuance of a license, for  the
 5        issuance of a replacement license for a license which has
 6        been  lost  or destroyed or for the issuance of a license
 7        with a change of name or address other  than  during  the
 8        renewal  period  is  $20. No fee is required for name and
 9        address changes on Department records when  no  duplicate
10        license is issued.
11             (2)  The  fee  for a certification of a registrant's
12        record for any purpose is $20.
13             (3)  The fee for rescoring  an  examination  is  the
14        cost to the Department for rescoring the examination plus
15        any fees charged by the applicable testing service.
16             (4)  The   fee   for   a  wall  certificate  showing
17        licensure  is  the  actual   cost   of   producing   such
18        certificate.
19             (5)  The  fee  for  a  roster of persons licensed as
20        structural engineers in this State is the actual cost  of
21        producing such a roster.

22        All  of the fees collected pursuant to this Section shall
23    be deposited in the Design Professionals  Administration  and
24    Investigation Fund.
25        (c)  Any  person who delivers a check or other payment to
26    the Department that is returned to the Department  unpaid  by
27    the financial institution upon which it is drawn shall pay to
28    the Department, in addition to the amount already owed to the
29    Department,  a fine of $50. If the check or other payment was
30    for a renewal or  issuance  fee  and  that  person  practices
31    without  paying  the renewal fee or issuance fee and the fine
32    due, an additional fine of $100 shall be imposed.  The  fines
33    imposed  by  this  Section  are  in  addition  to  any  other
 
HB2647 Engrossed           -101-              LRB9100291ACtmA
 1    discipline provided under this Act for unlicensed practice or
 2    practice on a nonrenewed license. The Department shall notify
 3    the  person  that  payment of fees and fines shall be paid to
 4    the Department by certified check or money  order  within  30
 5    calendar  days  of the notification. If, after the expiration
 6    of 30 days from the date of the notification, the person  has
 7    failed  to  submit  the  necessary remittance, the Department
 8    shall automatically terminate the license or  certificate  or
 9    deny  the application, without hearing. If, after termination
10    or denial, the person seeks a license or certificate,  he  or
11    she shall apply to the Department for restoration or issuance
12    of  the license or certificate and pay all fees and fines due
13    to the Department. The Department may establish a fee for the
14    processing of an application for restoration of a license  or
15    certificate   to   pay   all   expenses  of  processing  this
16    application. The Director may waive the fines due under  this
17    Section in individual cases where the Director finds that the
18    fines would be unreasonable or unnecessarily burdensome.
19    (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)

20        (225 ILCS 340/19) (from Ch. 111, par. 6619)
21        Sec.   19.   Professional   design   firm   registration;
22    conditions.
23        (a)  Nothing  in  this Act prohibits the formation, under
24    the provisions of the Professional Service  Corporation  Act,
25    as   amended,   of   a  corporation  to  practice  structural
26    engineering.
27        Any   business,   including   a   Professional    Service
28    Corporation,  that  not  formed  under  the provisions of the
29    Professional Service Corporation Act and  not  registered  as
30    such  with  the  Department,  and  which  includes within its
31    stated purposes, practices, or holds itself out as  available
32    to practice, structural engineering, shall be registered with
33    the Department pursuant to the provisions of this Section.
 
HB2647 Engrossed           -102-              LRB9100291ACtmA
 1        Any  sole  proprietorship  not  owned  and operated by an
 2    Illinois licensed design professional licensed under this Act
 3    shall be  prohibited  from  offering  structural  engineering
 4    services   to   the   public.    "Illinois   licensed  design
 5    professional" means a person who holds an active license as a
 6    structural engineer under this Act, as an architect under the
 7    Illinois  Architecture  Practice  Act  of  1989,  or   as   a
 8    professional  engineer  under  the  Professional  Engineering
 9    Practice  Act  of  1989.  Any  sole  proprietorship owned and
10    operated by a structural  engineer  with  an  active  license
11    issued  under  this  Act  and  conducting or transacting such
12    business  under  an  assumed  name  in  accordance  with  the
13    provisions of the Assumed Business Name Act shall comply with
14    the registration requirements of a professional design  firm.
15    Any  sole  proprietorship  owned and operated by a structural
16    engineer with an active license issued  under  this  Act  and
17    conducting  or  transacting such business under the real name
18    of the  sole  proprietor  is  exempt  from  the  registration
19    requirements of a professional design firm.
20        Any   partnership  which  includes  within  its  purpose,
21    practices, or holds  itself  out  as  available  to  practice
22    structural  engineering,  shall  register with the Department
23    pursuant to the provisions set forth in this Section.
24        (b)  Any  professional  design   firm   seeking   to   be
25    registered  under the provisions of this Section shall not be
26    registered unless a managing agent in  charge  of  structural
27    engineering  activities  in  this  State is designated by the
28    professional design firm.  A managing agent must at all times
29    maintain a  valid,  active  license  to  practice  structural
30    engineering in Illinois.
31        No   individual  whose  license  to  practice  structural
32    engineering in this State is  currently  in  a  suspended  or
33    revoked   status   shall  act  as  a  managing  agent  for  a
34    professional design firm.
 
HB2647 Engrossed           -103-              LRB9100291ACtmA
 1        (c)  No business shall practice or  hold  itself  out  as
 2    available  to  practice  structural  engineering  until it is
 3    registered with the Department.
 4        (d)  Any business seeking to  be  registered  under  this
 5    Section  shall  apply  for a certificate of registration on a
 6    form provided  by  the  Department  and  shall  provide  such
 7    information  as  requested  by  the  Department,  which shall
 8    include but shall not be limited to:
 9             (1)  the name  and  license  number  of  the  person
10        designated as the managing agent in responsible charge of
11        the  practice  of structural engineering in Illinois.  In
12        the case of a corporation,  the  corporation  shall  also
13        submit a certified copy of the resolution by the board of
14        directors designating the managing agent.  In the case of
15        a  limited  liability company, the company shall submit a
16        certified copy of either its articles of organization  or
17        operating agreement designating the managing agent;
18             (2)  the names and license numbers of the directors,
19        in the case of a corporation, the members, in the case of
20        a  limited liability company, or general partners, in the
21        case of a partnership;
22             (3)  a  list  of  all   locations   at   which   the
23        professional  design firm provides structural engineering
24        services to the public; and
25             (4)  A list of all assumed names  of  the  business.
26        Nothing  in  this  Section shall be construed to exempt a
27        professional  design  firm,   sole   proprietorship,   or
28        professional service corporation from compliance with the
29        requirements of the Assumed Business Name Act.
30        It shall be the responsibility of the professional design
31    firm  to  provide  the  Department notice, in writing, of any
32    changes in the information requested on the application.
33        (e)  In the event  a  managing  agent  is  terminated  or
34    terminates  his  status as managing agent of the professional
 
HB2647 Engrossed           -104-              LRB9100291ACtmA
 1    design firm, such managing agent and professional design firm
 2    shall notify the Department  of  this  fact  in  writing,  by
 3    certified mail, within 10 business days of such termination.
 4        Thereafter,  the  professional  design firm, if it has so
 5    informed the Department, shall  have  30  days  in  which  to
 6    notify  the Department of the name and registration number of
 7    a newly designated managing agent.   If  a  corporation,  the
 8    corporation   shall   also  submit  a  certified  copy  of  a
 9    resolution by the board  of  directors  designating  the  new
10    managing  agent.  If a limited liability company, the company
11    shall also submit a certified copy of either its articles  of
12    organization  or  operating  agreement  designating  the  new
13    managing  agent.  The  Department may, upon good cause shown,
14    extend the original 30 day period.
15        If the professional  design  firm  fails  to  notify  the
16    Department  in writing by certified mail within the specified
17    time, the registration  shall  be  terminated  without  prior
18    hearing.   Notification  of  termination  shall  be  sent  by
19    certified mail to the last known address of the business.  If
20    the  professional  design firm continues to operate and offer
21    structural engineering services after  the  termination,  the
22    Department  may  seek  prosecution under Sections 20, 34, and
23    34a of this Act for the  unlicensed  practice  of  structural
24    engineering.
25        (f)  No  professional  design  firm  shall be relieved of
26    responsibility  for  the  conduct  or  acts  of  its  agents,
27    employees, members, managers, or officers by  reason  of  its
28    compliance  with  this  Section,  nor  shall  any  individual
29    practicing   structural   engineering   be  relieved  of  the
30    responsibility for professional services performed by  reason
31    of   the  individual's  employment  or  relationship  with  a
32    professional design firm registered under this Section.
33        (g)  Disciplinary action against  a  professional  design
34    firm  registered  under this Section shall be administered in
 
HB2647 Engrossed           -105-              LRB9100291ACtmA
 1    the same manner and  on  the  same  grounds  as  disciplinary
 2    action   against   a   licensed   structural   engineer.  All
 3    disciplinary action taken or pending against a corporation or
 4    partnership before the effective date of this amendatory  Act
 5    of  1993  shall  be continued or remain in effect without the
 6    Department filing separate actions.
 7        It is unlawful for any person to practice, or to  attempt
 8    to  practice,  structural engineering, without being licensed
 9    under this Act. It is unlawful for any business  not  subject
10    to  the  sole  proprietorship  exemption  to offer or provide
11    structural engineering services without  active  registration
12    issued  by  the  Department  as a professional design firm or
13    professional service corporation.
14    (Source: P.A. 88-428; 89-594, eff. 8-1-96.)

15        (225 ILCS 340/20) (from Ch. 111, par. 6620)
16        Sec. 20.   (a)  The  Department  may,  singularly  or  in
17    combination,  refuse  to  issue,  renew,  or  restore, or may
18    suspend or revoke any license or certificate of registration,
19    or may place on probation, reprimand, or fine, with  a  civil
20    penalty not to exceed $10,000 for each violation, any person,
21    corporation,   partnership,   or   professional  design  firm
22    registered  or  licensed  under  this  Act  for  any  of  the
23    following reasons:
24             (1)  Material misstatement in furnishing information
25        to the Department;
26             (2)  Negligence, incompetence or misconduct  in  the
27        practice of structural engineering;
28             (3)  Making any misrepresentation for the purpose of
29        obtaining licensure;
30             (4)  The   affixing   of   a   licensed   structural
31        engineer's  seal to any plans, specifications or drawings
32        which have not been prepared by or  under  the  immediate
33        personal supervision of that licensed structural engineer
 
HB2647 Engrossed           -106-              LRB9100291ACtmA
 1        or reviewed as provided in this Act;
 2             (5)  Conviction  of  any crime under the laws of the
 3        United States, or any state or territory  thereof,  which
 4        is   a   felony,  whether  related  to  the  practice  of
 5        Structural Engineering  or  not,  or  conviction  of  any
 6        crime,  whether  a  felony, misdemeanor, or otherwise, an
 7        essential element of which is  dishonesty,  or  which  is
 8        directly   related   to   the   practice   of  structural
 9        engineering;
10             (6)  Making a statement of  compliance  pursuant  to
11        the  Environmental  Barriers  Act,  as  now  or hereafter
12        amended, that a plan for construction or alteration of  a
13        public  facility  or  for  construction  of a multi-story
14        housing unit is  in  compliance  with  the  Environmental
15        Barriers Act when such plan is not in compliance;
16             (7)  Failure to comply with any of the provisions of
17        this Act or its rules;
18             (8)  Aiding or assisting another person in violating
19        any provision of this Act or its rules;
20             (9)  Engaging    in   dishonorable,   unethical   or
21        unprofessional conduct of a character likely to  deceive,
22        defraud or harm the public, as defined by rule;
23             (10)  Habitual  intoxication or addiction to the use
24        of drugs;
25             (11)  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             (12)  Discipline   by   another   state,  territory,
30        foreign country, the District  of  Columbia,  the  United
31        States  government,  or any other governmental agency, if
32        at least one of the grounds for discipline is the same or
33        substantially equivalent  to  those  set  forth  in  this
34        Section;
 
HB2647 Engrossed           -107-              LRB9100291ACtmA
 1             (13)  Failure  to provide information in response to
 2        a written request made by the Department within  30  days
 3        after the receipt of such written request; or
 4             (14)  Physical   illness,   which   results  in  the
 5        inability  to  practice  the  profession  of   structural
 6        engineering with reasonable judgment, skill or safety; or
 7         including, but not limited to, deterioration through the
 8        aging process or loss of motor skill.
 9        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
10    showing  of a possible violation may compel a person licensed
11    to practice under this Act, or who has applied for  licensure
12    or  certification pursuant to this Act, to submit to a mental
13    or physical examination, or both, as required by and  at  the
14    expense of the Department.  The examining physicians shall be
15    those specifically designated by the Board.  The Board or the
16    Department  may  order  the  examining  physician  to present
17    testimony concerning this mental or physical  examination  of
18    the  licensee or applicant.  No information shall be excluded
19    by reason of any common law or statutory  privilege  relating
20    to  communications  between the licensee or applicant and the
21    examining physician.  The person to be examined may have,  at
22    his  or  her  own  expense,  another  physician of his or her
23    choice  present  during  all  aspects  of  the   examination.
24    Failure  of  any  person  to  submit  to a mental or physical
25    examination, when directed, shall be grounds  for  suspension
26    of  a  license until the person submits to the examination if
27    the Board finds, after notice and hearing, that  the  refusal
28    to submit to the examination was without reasonable cause.
29        If the Board finds a person unable to practice because of
30    the  reasons set forth in this Section, the Board may require
31    that person to submit to care, counseling,  or  treatment  by
32    physicians   approved   or  designated  by  the  Board  as  a
33    condition, term, or restriction for continued, reinstated, or
34    renewed  licensure  to  practice;  or,  in  lieu   of   care,
 
HB2647 Engrossed           -108-              LRB9100291ACtmA
 1    counseling,  or  treatment,  the  Board  may recommend to the
 2    Department  to  file  a  complaint  to  immediately  suspend,
 3    revoke, or otherwise discipline the license  of  the  person.
 4    Any  person whose license was granted, continued, reinstated,
 5    renewed, disciplined, or supervised subject  to  such  terms,
 6    conditions, or restrictions and who fails to comply with such
 7    terms,  conditions,  or restrictions shall be referred to the
 8    Director for a determination as to whether the  person  shall
 9    have  his  or  her  license  suspended immediately, pending a
10    hearing by the Board.
11        (b)  The determination by a circuit court that a licensee
12    is subject to involuntary admission or judicial admission, as
13    provided in the Mental Health and Developmental  Disabilities
14    Code,  operates  as an automatic suspension.  Such suspension
15    will end only upon a finding by a court that the  patient  is
16    no  longer  subject  to  involuntary  admission  or  judicial
17    admission,   the   issuance   of  an  order  so  finding  and
18    discharging the patient, and the recommendation of the  Board
19    to  the  Director  that  the  licensee  be  allowed to resume
20    practice.
21        The Department may refuse to issue, or may  suspend,  the
22    license  of  any person who fails to file a return, or to pay
23    the tax, penalty or interest shown in a filed return,  or  to
24    pay  any  final  assessment  of  tax, penalty or interest, as
25    required  by  any  tax  Act  administered  by  the   Illinois
26    Department of Revenue, until such time as the requirements of
27    such tax Act are satisfied.
28        Persons  who  assist  the  Department  as  consultants or
29    expert witnesses  in  the  investigation  or  prosecution  of
30    alleged violations of the Act, licensure matters, restoration
31    proceedings,  or  criminal  prosecutions,  are not liable for
32    damages in any civil action or proceeding as a result of such
33    assistance, except upon proof of actual malice.  The Attorney
34    General of the State of Illinois shall defend such persons in
 
HB2647 Engrossed           -109-              LRB9100291ACtmA
 1    any such action or proceeding.
 2    (Source: P.A. 88-428.)

 3        Section  60.   The  Private  Detective,  Private   Alarm,
 4    Private  Security,  and  Locksmith  Act of 1993 is amended by
 5    changing Section 30 as follows:

 6        (225 ILCS 446/30)
 7        Sec. 30.  Exemptions.
 8        (a)  This Act does not apply to:
 9             (1)  An officer or employee of  the  United  States,
10        this  State, or any political subdivision of either while
11        the officer or employee is engaged in the performance  of
12        his or her official duties within the course and scope of
13        his or her employment with the United States, this State,
14        or  any  political  subdivision  of either.  However, any
15        person who offers  his  or  her  services  as  a  private
16        detective  or  private  security contractor, or any title
17        when similar services  are  performed  for  compensation,
18        fee,  or  other  valuable consideration, whether received
19        directly or indirectly, is subject to this  Act  and  its
20        licensing requirements.
21             (2)  An  attorney-at-law  licensed  to  practice  in
22        Illinois while engaging in the practice of law.
23             (3)  A person engaged exclusively in the business of
24        obtaining  and furnishing information as to the financial
25        rating or credit worthiness of persons; and a person  who
26        provides consumer reports in connection with:
27                  (i)  Credit transactions involving the consumer
28             on  whom  the  information  is  to  be furnished and
29             involving the extensions of credit to the consumer.
30                  (ii)  Information for employment purposes.
31                  (iii)  Information  for  the  underwriting   of
32             insurance involving the consumer.
 
HB2647 Engrossed           -110-              LRB9100291ACtmA
 1             (4)  Insurance  adjusters  legally employed or under
 2        contract  as  adjusters  and  who  engage  in  no   other
 3        investigative   activities   other  than  those  directly
 4        connected with adjustment of claims against an  insurance
 5        company  or  self-insured  by  which they are employed or
 6        with which they have a contract.  No  insurance  adjuster
 7        or  company  may  utilize the term "investigation" or any
 8        derivative  thereof  in  its  company  name  or  in   its
 9        advertising  other  than  for  the  handling of insurance
10        claims.
11             For the purposes of this Code, "insurance  adjuster"
12        includes any person expressly authorized to act on behalf
13        of  an insurance company or self-insured and any employee
14        thereof who acts or appears  to  act  on  behalf  of  the
15        insurance  company or self-insured in matters relating to
16        claims,  including  but  not   limited   to   independent
17        contractors   while  performing  claim  services  at  the
18        direction of the company.
19             (5)  A person engaged exclusively and employed by  a
20        person, firm, association, or corporation in the business
21        of   transporting   persons  or  property  in  interstate
22        commerce and  making  an  investigation  related  to  the
23        business of that employer.
24             (6)  Any   person,   watchman,   or  guard  employed
25        exclusively and regularly by one employer  in  connection
26        with  the  affairs of that employer only and there exists
27        an employer/employee relationship.
28             (7)  Any law enforcement officer, as defined in  the
29        Illinois   Police  Training  Act,  who  has  successfully
30        completed the requirements of basic law  enforcement  and
31        firearms  training  as  prescribed  by  the  Illinois Law
32        Enforcement Training  Standards  Board,  employed  by  an
33        employer in connection with the affairs of that employer,
34        provided  he  or  she  is  exclusively  employed  by  the
 
HB2647 Engrossed           -111-              LRB9100291ACtmA
 1        employer during the hours or times he or she is scheduled
 2        to  work  for that employer, and there exists an employer
 3        and employee relationship.
 4             In this subsection an "employee" is a person who  is
 5        employed  by an employer who has the right to control and
 6        direct  the  employee  who  performs  the   services   in
 7        question, not only as to the result to be accomplished by
 8        the  work,  but also as to the details and means by which
 9        the result is to be accomplished; and  an  "employer"  is
10        any  person  or  entity,  with the exception of a private
11        detective, private  detective  agency,  private  security
12        contractor,  private  security contractor agency, private
13        alarm contractor, or  private  alarm  contractor  agency,
14        whose  purpose  it  is  to  hire  persons  to perform the
15        business  of  a  private  detective,  private   detective
16        agency,  private  security  contractor,  private security
17        contractor agency, private alarm contractor,  or  private
18        alarm contractor agency.
19             (8)  A  person  who  sells burglar alarm systems and
20        does  not  install,  monitor,  maintain,  alter,  repair,
21        service, or respond to burglar alarm systems at protected
22        premises or premises to be protected, provided:
23                       (i)  The   burglar   alarm   systems   are
24                  approved either by Underwriters Laboratories or
25                  another authoritative source recognized by  the
26                  Department  and  are  identified by a federally
27                  registered trademark.
28                       (ii)  The  owner  of  the  trademark   has
29                  expressly  authorized  the  person  to sell the
30                  trademark  owner's  products,  and  the  person
31                  provides proof of this authorization  upon  the
32                  request of the Department.
33                       (iii)  The    owner   of   the   trademark
34                  maintains, and provides upon  the  Department's
 
HB2647 Engrossed           -112-              LRB9100291ACtmA
 1                  request, a certificate evidencing insurance for
 2                  bodily  injury  or property damage arising from
 3                  faulty or defective products in an  amount  not
 4                  less  than  $1,000,000  combined  single limit;
 5                  provided that the policy of insurance need  not
 6                  relate exclusively to burglar alarm systems.
 7             (9)  A  person  who  sells,  installs, maintains, or
 8        repairs automobile alarm systems.
 9             (9-5)  A person, firm, or corporation engaged solely
10        and exclusively  in  tracing  and  compiling  lineage  or
11        ancestry.
12        (b)  Nothing in this Act prohibits any of the following:
13             (A)  Servicing, installing, repairing, or rebuilding
14        automotive  locks  by automotive service dealers, as long
15        as they do not hold  themselves  out  to  the  public  as
16        locksmiths.
17             (B)  Police, fire, or other municipal employees from
18        opening a lock in an emergency situation, as long as they
19        do not hold themselves out to the public as locksmiths.
20             (C)  Any  merchant  or retail or hardware store from
21        duplicating keys, from installing, servicing,  repairing,
22        rebuilding,   reprogramming,  or  maintaining  electronic
23        garage door devices or  from  selling  locks  or  similar
24        security  accessories  not  prohibited  from  sale by the
25        State of Illinois, as long as they do not hold themselves
26        out to the public as locksmiths.
27             (D)  The installation or removal of  complete  locks
28        or locking devices by members of the building trades when
29        doing  so  in the course of residential or commercial new
30        construction or remodeling, as long as they do  not  hold
31        themselves out to the public as locksmiths.
32             (E)  The employees of towing services, repossessors,
33        or auto clubs from opening automotive locks in the normal
34        course  of  their  duties,  as  long  as they do not hold
 
HB2647 Engrossed           -113-              LRB9100291ACtmA
 1        themselves out to the public as locksmiths. Additionally,
 2        this Act shall not prohibit employees of towing  services
 3        from  opening  motor vehicle locks to enable a vehicle to
 4        be moved without towing, provided that the towing service
 5        does not hold itself out to the public,  by  yellow  page
 6        advertisement,  through  a  sign at the facilities of the
 7        towing service, or  by  any  other  advertisement,  as  a
 8        locksmith.
 9             (F)  The practice of locksmithing by students in the
10        course  of  study in programs approved by the Department,
11        provided that the students do not hold themselves out  to
12        the public as locksmiths.
13             (G)  Servicing, installing, repairing, or rebuilding
14        locks by a lock manufacturer or anyone employed by a lock
15        manufacturer,  as long as they do not hold themselves out
16        to the public as locksmiths.
17             (H)  The  provision  of  any  of  the  products   or
18        services in the practice of locksmithing as identified in
19        Section 5 of this Act by a business licensed by the State
20        of  Illinois  as  a  private  alarm contractor or private
21        alarm contractor agency, as long as the principal purpose
22        of the  services  provided  to  a  customer  is  not  the
23        practice  of  locksmithing and the business does not hold
24        itself out to the public as a locksmith agency.
25             (I)  Any  maintenance   employee   of   a   property
26        management company at a multi-family residential building
27        from  servicing,  installing, repairing, or opening locks
28        for tenants as long as the maintenance employee does  not
29        hold himself or herself out to the public as a locksmith.
30             (J)  A person, firm, or corporation from engaging in
31        fire   protection   engineering,  including  the  design,
32        testing, and inspection of fire protection systems.
33             (K)  The practice  of  professional  engineering  as
34        defined  in  the Professional Engineering Practice Act of
 
HB2647 Engrossed           -114-              LRB9100291ACtmA
 1        1989.
 2             (L)  The  practice  of  structural  engineering   as
 3        defined  in the Structural Engineering Practice Licensing
 4        Act of 1989.
 5             (M)  The practice of architecture as defined in  the
 6        Illinois Architecture Practice Act of 1989.
 7             (N)  The  activities  of  persons  or firms licensed
 8        under the Illinois Public Accounting Act if performed  in
 9        the course of their professional practice.
10        (c)  This  Act  does  not  prohibit  any  persons legally
11    regulated in this State under any other Act from engaging  in
12    the  practice for which they are licensed, provided that they
13    do not represent themselves by any title prohibited  by  this
14    Act.
15    (Source:  P.A.  89-366,  eff.  1-1-96;  90-436,  eff. 1-1-98;
16    90-633, eff. 7-24-98.)

17        Section 65.  The Professional Geologist Licensing Act  is
18    amended by changing Section 20 as follows:

19        (225 ILCS 745/20)
20        Sec.  20.   Exemptions.   Nothing  in  this  Act shall be
21    construed to restrict the use of  the  title  "geologist"  or
22    similar  words by any person engaged in a practice of geology
23    exempted under this Act, provided the person  does  not  hold
24    himself  or  herself  out  as  being  a licensed professional
25    geologist or does not  practice  professional  geology  in  a
26    manner  requiring  licensure  under this Act.  Performance of
27    the following activities does  not  require  licensure  as  a
28    licensed professional geologist under this Act:
29        (a)  The  practice of professional geology by an employee
30    or a subordinate of a licensee under this Act,  provided  the
31    work  does  not include responsible charge of geological work
32    and is performed under the direct supervision of  a  licensed
 
HB2647 Engrossed           -115-              LRB9100291ACtmA
 1    professional geologist who is responsible for the work.
 2        (b)  The practice of professional geology by officers and
 3    employees of the United States government within the scope of
 4    their employment.
 5        (c)  The  practice  of  professional  geology as geologic
 6    research to  advance  basic  knowledge  for  the  purpose  of
 7    offering    scientific   papers,   publications,   or   other
 8    presentations (i) before meetings  of  scientific  societies,
 9    (ii)  internal to a partnership, corporation, proprietorship,
10    or government agency, or (iii) for publication in  scientific
11    journals, or in books.
12        (d)  The  teaching  of  geology  in schools, colleges, or
13    universities, as defined by rule.
14        (e)  The practice of professional geology exclusively  in
15    the  exploration  for  or  development of energy resources or
16    base, precious  and  nonprecious  minerals,  including  sand,
17    gravel,  and  aggregate, that does not require, by law, rule,
18    or ordinance, the submission of reports, documents,  or  oral
19    or  written  testimony  to  public agencies.  Public agencies
20    may, by law or  by  rule,  allow  required  oral  or  written
21    testimony,  reports,  permit applications, or other documents
22    based on the science of geology to be submitted  to  them  by
23    persons  not  licensed  under  this  Act.   Unless  otherwise
24    required  by  State  or  federal law, public agencies may not
25    require that the geology-based aspects of testimony, reports,
26    permits, or other  documents  so  exempted  be  reviewed  by,
27    approved,  or  otherwise certified by any person who is not a
28    licensed professional geologist. Licensure  is  not  required
29    for  the submission and review of reports or documents or the
30    provision of oral or written testimony made  under  the  Well
31    Abandonment  Act,  the  Illinois Oil and Gas Act, the Surface
32    Coal Mining Land Conservation and  Reclamation  Act,  or  the
33    Surface-Mined Land Conservation and Reclamation Act.
34        (f)  The  practice of professional engineering as defined
 
HB2647 Engrossed           -116-              LRB9100291ACtmA
 1    in the Professional Engineering Practice Act of 1989.
 2        (g)  The practice of structural engineering as defined in
 3    the Structural Engineering Practice Licensing Act of 1989.
 4        (h)  The practice  of  architecture  as  defined  in  the
 5    Illinois Architecture Practice Act of 1989.
 6        (i)  The  practice  of  land  surveying as defined in the
 7    Illinois Professional Land Surveyor Act of 1989.
 8        (j)  The practice of landscape architecture as defined in
 9    the Illinois Landscape Architecture Act of 1989.
10    (Source: P.A. 89-366, eff. 7-1-96.)

11        Section 70.  The Environmental Barriers Act is amended by
12    changing Section 7 as follows:

13        (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
14        Sec. 7. Penalties.
15        (a)  Any owner constructing or altering a public facility
16    or constructing a multi-story housing unit  in  violation  of
17    this  Act shall be guilty of a business offense punishable by
18    a fine not to exceed $250 per day, and each day the owner  is
19    in violation of this Act constitutes a separate offense.
20        (b)  Any    architect    or   engineer   negligently   or
21    intentionally stating pursuant to Section 5 of this Act  that
22    a  plan  is in compliance with this Act when such plan is not
23    in compliance shall be subject to a suspension, revocation or
24    refusal  of  restoration  of  his  or  her   certificate   of
25    registration or license pursuant to the Illinois Architecture
26    Practice  Act  of 1989, the Professional Engineering Practice
27    Act of 1989 and the Structural Engineering Practice Licensing
28     Act of 1989.
29        (c)  Any  person  issuing  a  building  permit  or  other
30    official authorization for the construction or alteration  of
31    a  public  facility  or  the  construction  of  a multi-story
32    housing unit in violation of this Act shall be  guilty  of  a
 
HB2647 Engrossed           -117-              LRB9100291ACtmA
 1    business offense punishable by a fine not to exceed $1,000.
 2        (d)  The  executive  director  of the Capital Development
 3    Board or any other person may request the State's Attorney of
 4    the county  in  which  the  public  facility  or  multi-story
 5    housing  unit  is  located to initiate prosecution under this
 6    Section.
 7    (Source: P.A. 86-711; 86-1475; 87-562.)

 8        Section 75.  The Professional Service Corporation Act  is
 9    amended by changing Section 3.6 as follows:

10        (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
11        Sec.    3.6.     "Related   professions"   and   "related
12    professional services" mean more than  one  personal  service
13    which  requires  as  a  condition  precedent to the rendering
14    thereof the obtaining of a license and which prior to October
15    1, 1973 could not be performed by a corporation by reason  of
16    law;  provided, however, that these terms shall be restricted
17    to:
18             (1)  a combination of two or more of  the  following
19        personal  services:  (a)  "architecture"  as  defined  in
20        Section  5  of  the Illinois Architecture Practice Act of
21        1989,  (b)  "professional  engineering"  as  defined   in
22        Section 4 of the Professional Engineering Practice Act of
23        1989,  (c) "structural engineering" as defined in Section
24        5 of the Structural Engineering Practice Licensing Act of
25        1989, (d) "land surveying" as defined in Section 2 of the
26        Illinois Professional Land Surveyor Act of 1989;  or
27             (2)  a  combination  of   the   following   personal
28        services:  (a)  the  practice  of  medicine in all of its
29        branches, (b) the practice  of  podiatry  as  defined  in
30        Section  5 of the Podiatric Medical Practice Act of 1987,
31        (c) the practice of dentistry as defined in the  Illinois
32        Dental  Practice  Act,  (d)  the practice of optometry as
 
HB2647 Engrossed           -118-              LRB9100291ACtmA
 1        defined in the Illinois Optometric Practice Act of 1987.
 2    (Source: P.A. 90-230, eff. 1-1-98.)

 3        Section 999.  Effective  date.   This  Act  takes  effect
 4    January  1,  2000,  except  that  Section 5 takes effect upon
 5    becoming law.
 
HB2647 Engrossed           -119-              LRB9100291ACtmA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.10            from Ch. 127, par. 1904.10
 4    5 ILCS 80/4.20 new
 5    30 ILCS 535/15            from Ch. 127, par. 4151-15
 6    30 ILCS 535/65            from Ch. 127, par. 4151-65
 7    50 ILCS 510/3             from Ch. 85, par. 6403
 8    110 ILCS 355/62.1         from Ch. 127, par. 62.1
 9    225 ILCS 305/3            from Ch. 111, par. 1303
10    225 ILCS 305/8            from Ch. 111, par. 1308
11    225 ILCS 305/9            from Ch. 111, par. 1309
12    225 ILCS 305/10           from Ch. 111, par. 1310
13    225 ILCS 305/11           from Ch. 111, par. 1311
14    225 ILCS 305/12           from Ch. 111, par. 1312
15    225 ILCS 305/13           from Ch. 111, par. 1313
16    225 ILCS 305/14           from Ch. 111, par. 1314
17    225 ILCS 305/16.5 new
18    225 ILCS 305/19           from Ch. 111, par. 1319
19    225 ILCS 305/21           from Ch. 111, par. 1321
20    225 ILCS 305/22           from Ch. 111, par. 1322
21    225 ILCS 305/38           from Ch. 111, par. 1338
22    225 ILCS 310/4            from Ch. 111, par. 8204
23    225 ILCS 320/3            from Ch. 111, par. 1103
24    225 ILCS 325/3            from Ch. 111, par. 5203
25    225 ILCS 325/4            from Ch. 111, par. 5204
26    225 ILCS 325/5            from Ch. 111, par. 5205
27    225 ILCS 325/6            from Ch. 111, par. 5206
28    225 ILCS 325/7            from Ch. 111, par. 5207
29    225 ILCS 325/8            from Ch. 111, par. 5208
30    225 ILCS 325/10           from Ch. 111, par. 5210
31    225 ILCS 325/12           from Ch. 111, par. 5212
32    225 ILCS 325/14           from Ch. 111, par. 5214
33    225 ILCS 325/15           from Ch. 111, par. 5215
34    225 ILCS 325/17.5 new
 
HB2647 Engrossed           -120-              LRB9100291ACtmA
 1    225 ILCS 325/20           from Ch. 111, par. 5220
 2    225 ILCS 325/23           from Ch. 111, par. 5223
 3    225 ILCS 325/24           from Ch. 111, par. 5224
 4    225 ILCS 325/44           from Ch. 111, par. 5244
 5    225 ILCS 325/47           from Ch. 111, par. 5247
 6    225 ILCS 330/4            from Ch. 111, par. 3254
 7    225 ILCS 330/6            from Ch. 111, par. 3256
 8    225 ILCS 330/7            from Ch. 111, par. 3257
 9    225 ILCS 330/8            from Ch. 111, par. 3258
10    225 ILCS 330/10           from Ch. 111, par. 3260
11    225 ILCS 330/12           from Ch. 111, par. 3262
12    225 ILCS 330/13           from Ch. 111, par. 3263
13    225 ILCS 330/14           from Ch. 111, par. 3264
14    225 ILCS 330/15           from Ch. 111, par. 3265
15    225 ILCS 330/18           from Ch. 111, par. 3268
16    225 ILCS 330/18.5 new
17    225 ILCS 330/20           from Ch. 111, par. 3270
18    225 ILCS 330/21           from Ch. 111, par. 3271
19    225 ILCS 330/25           from Ch. 111, par. 3275
20    225 ILCS 330/27           from Ch. 111, par. 3277
21    225 ILCS 330/48           from Ch. 111, par. 3298
22    225 ILCS 340/2            from Ch. 111, par. 6602
23    225 ILCS 340/4            from Ch. 111, par. 6604
24    225 ILCS 340/6            from Ch. 111, par. 6606
25    225 ILCS 340/7            from Ch. 111, par. 6607
26    225 ILCS 340/8            from Ch. 111, par. 6608
27    225 ILCS 340/9            from Ch. 111, par. 6609
28    225 ILCS 340/10           from Ch. 111, par. 6610
29    225 ILCS 340/11           from Ch. 111, par. 6611
30    225 ILCS 340/12           from Ch. 111, par. 6612
31    225 ILCS 340/14.5 new
32    225 ILCS 340/16           from Ch. 111, par. 6616
33    225 ILCS 340/17           from Ch. 111, par. 6617
34    225 ILCS 340/19           from Ch. 111, par. 6619
 
HB2647 Engrossed           -121-              LRB9100291ACtmA
 1    225 ILCS 340/20           from Ch. 111, par. 6620
 2    225 ILCS 446/30
 3    225 ILCS 745/20
 4    410 ILCS 25/7             from Ch. 111 1/2, par. 3717
 5    805 ILCS 10/3.6           from Ch. 32, par. 415-3.6

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