Public Act 093-0467
Public Act 93-0467 of the 93rd General Assembly
Public Act 93-0467
SB698 Enrolled LRB093 10653 AMC 10975 b
AN ACT concerning land surveyors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Sections 1, 3, 4, 5, 6, 8, 12,
15, 20, 29, 45, and 49 as follows:
(225 ILCS 330/1) (from Ch. 111, par. 3251)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1. Declaration of public policy. The practice of
land surveying in the State of Illinois is hereby declared to
affect the public health, safety, and welfare and to be
subject to regulation and control in the public interest. It
is further declared that the determination and physical
protraction of land boundaries, together with the attendant
preparation of legal descriptions and plats, which bear
witness for posterity and become part of the public record to
chronicle the acts and wishes of landowners throughout this
State is a matter of public interest and concern. Therefore,
it is in the public interest that the practice of land
surveying, as defined in this Act, merit and receive the
confidence of the public, and that only qualified persons be
authorized to practice land surveying in the State of
Illinois. This Act shall be liberally construed to best
carry out this purpose.
(Source: P.A. 86-987.)
(225 ILCS 330/3) (from Ch. 111, par. 3253)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Exceptions. This Act does not prohibit: (a) any
person licensed in this State under any other Act from
engaging in the practice for which that person is licensed.;
(b) An individual, firm, or corporation engaged in any
line of business other than the practice of land surveying
from employing a licensed land surveyor to perform land
surveying services directly incidental to the business of
that individual, firm, or corporation.
(Source: P.A. 86-987.)
(225 ILCS 330/4) (from Ch. 111, par. 3254)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Land Surveyors Licensing Board.
(d) "Direct supervision and control" means the personal
review by a Licensed Professional Land Surveyor of each
survey, including, but not limited to, procurement, research,
field work, calculations, preparation of legal descriptions
and plats. The personal review shall be of such a nature as
to assure the client that the Professional Land Surveyor or
the firm for which the Professional Land Surveyor is employed
is the provider of the surveying services.
(e) "Responsible charge" means an individual responsible
for the various components of the land survey operations
subject to the overall supervision and control of the
Professional Land Surveyor.
(f) "Design professional" means a land surveyor,
architect, structural engineer, or professional engineer
licensed practicing in conformance with this Act, the
Illinois Architecture Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Professional
Engineering Practice Act of 1989.
(g) "Professional Land Surveyor" means any person
licensed under the laws of the State of Illinois to practice
land surveying, as defined by this Act or its rules.
(h) "Land Surveyor-in-Training" means any person
licensed under the laws of the State of Illinois who has
qualified for, taken, and passed an examination in the
fundamental land surveyor-in-training subjects as provided by
this Act or its rules.
(i) "Land surveying experience" means those activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's broad range of training in and exposure to the
prevailing practice of land surveying.
(Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(225 ILCS 330/5) (from Ch. 111, par. 3255)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5. Practice of land surveying defined. Any one or
combination of the following practices constitutes the
practice of land surveying:
(a) Surveying, preparation of boundary descriptions and
measuring the area of any portion of the earth's surface, the
lengths and directions of the boundary lines, or the contour
of the surface for their determination and description for
conveying or for recording, or for Establishing or
reestablishing, locating, defining, and making or monumenting
land boundaries or lines and the platting of lands and
subdivisions;
(b) Establishing Surveying and measuring the area or
volume of any portion of the earth's surface, subsurface, or
surveying and measuring an area of the airspace with respect
to boundary lines, determining the configuration or contours
of any portion of the earth's surface, subsurface, or
airspace or the location of fixed objects thereon, except as
performed by photogrammetric methods or except when the level
of accuracy required is less than the American Congress on
Surveying and Mapping-designated Classes of Surveying over
the earth's surface, to determine the location of property
rights;
(c) Preparing descriptions for the determination of
title rights to any portion or volume of the earth's surface,
subsurface, or airspace involving the lengths and direction
of boundary lines, areas, parts of platted parcels or the
contours of the earth's surface, subsurface, or airspace
Preparing, and attesting to the accuracy of, a map or plat
showing the land boundaries or lines and the marks and
monuments of the boundaries, or of a map or plat showing the
boundaries of subsurface or air rights;
(d) Executing and issuing certificates, endorsements,
reports, or plats which portray the relationship between
existing physical objects or structures and one or more
corners or boundaries of any tract or lot of land or
boundaries of a portion of the surface, subsurface, or
airspace;
(d) (e) Labeling, designating, naming, or otherwise
identifying legal lines, property lines or land title lines
of the United States Rectangular System or any subdivision
thereof on any photograph, photographic composite, or mosaic
or photogrammetric map of any portion of the earth's surface
for the purpose of recording the same in the Office of
Recorder or Registrar of Titles in any county;
(f) Determining the position for any monument or
reference point which marks a property line, boundary, or
corner, or to set, reset, or replace any the monument or
reference point on any property;
(g) Acting in direct supervision and control of land
surveying activities or conducting as a manager in any place
of business which solicits, performs, or practices land
surveying;
(e) (h) Any act or combination of acts that which would
be viewed as offering professional land surveying services
including:
(1) setting monuments which have the appearance of
or for the express purpose of marking land boundaries,
either directly or as an accessory; or
(2) providing any sketch, map, plat, report,
monument record, or other document which indicates land
boundaries and monuments, or accessory monuments thereto,
except that if the sketch, map, plat, report, monument
record, or other document is a copy of an original
prepared by a Professional Land Surveyor, and if proper
reference to that fact be made on that document;
(f) Determining the position for any monument or
reference point that marks a title line, boundary, or corner,
or to set, reset, or replace any monument or reference point
on any property;
(g) Creating, preparing, or modifying electronic or
computerized data relative to the performance of activities
in items (a) through (f) of this Section, except where
electronic means or computerized data is otherwise utilized
to integrate, display, represent, or assess the created,
prepared, or modified data;
(h) Establishing any control network or adjusting of
cadastral data as it pertains to items (a) through (g) of
this Section;
(i) Preparing and attesting to the accuracy of a map or
plat showing the land boundaries or lines and marks and
monuments of the boundaries or of a map or plat showing the
boundaries of surface, subsurface, or air rights;
(j) Executing and issuing certificates, endorsements,
reports, or plats that portray the relationship between
existing physical objects or structures and one or more
corners or boundaries of any portion of the earth's surface,
subsurface, or airspace;
(k) Acting in direct supervision and control of land
surveying activities or acting as a manager in any place of
business that solicits, performs, or practices land
surveying;
(l) (i) Offering or soliciting to perform any of the
services set forth in this Section.
(Source: P.A. 86-987.)
(225 ILCS 330/6) (from Ch. 111, par. 3256)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by The Illinois Administrative Procedure Act for
the administration of licensing Acts. The Department shall
also exercise, subject to the provisions of this Act, the
following powers and duties:
(1) Conduct or authorize examinations to ascertain
the fitness and qualifications of applicants for
licensure and issue licenses to those who are found to be
fit and qualified.
(2) Prescribe rules for a method of examination.
(3) Conduct hearings on proceedings to revoke,
suspend, or refuse to issue, renew, or restore a license,
or other disciplinary actions.
(4) Promulgate rules and regulations required for
the administration of this Act.
(5) License corporations and partnerships for the
practice of professional surveying and issue a license to
those who qualify.
(6) Prescribe, adopt, and amend rules as to what
shall constitute a surveying or related science
curriculum, determine if a specific surveying curriculum
is in compliance with the rules, and terminate the
approval of a specific surveying curriculum for
non-compliance with such rules.
(7) Maintain membership in the National Council of
Engineering Examiners or a similar organization and
participate in activities of the Council or organization
by designating individuals for the various
classifications of membership and appoint delegates for
attendance at zone and national meetings of the Council
or organization.
(8) Obtain written recommendations from the Board
regarding qualification of individuals for licensing,
definition of curriculum content and approval of
surveying curriculums, standards of professional conduct
and disciplinary actions, promulgate and amend the rules
affecting these matters, and consult with the Board on
other matters affecting administration of the Act.
(a-5) The Department may promulgate rules for a Code of
Ethics and Standards of Practice to be followed by persons
licensed under this Act. The Department shall consider the
recommendations of the Board in establishing the Code of
Ethics and Standards of Practice.
(b) The Department shall consult with the Board in
promulgating rules. Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review the
Board's response and recommendations.
(c) The Department shall review the Board's
recommendation of the applicants' qualifications. The
Director shall notify the Board in writing with an
explanation of any deviation from the Board's recommendation.
After review of the Director's written explanation of his or
her reasons for deviation, the Board shall have the
opportunity to comment upon the Director's decision.
Whenever the Director is not satisfied that substantial
justice has been done in the revocation or suspension of a
license, or other disciplinary action the Director may order
re-hearing by the same or other boards.
None of the functions, powers or duties enumerated in
this Section shall be exercised by the Department except upon
the action and report in writing of the Board.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/8) (from Ch. 111, par. 3258)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8. Powers and duties of the Board; quorum. Subject
to the provisions of this Act, the Board shall exercise the
following functions, powers, and duties:
(a) Review education and experience qualifications
of applicants to determine eligibility as a Professional
Land Surveyor or Land Surveyor-in-Training and submit to
the Director written recommendations on applicant
qualifications for licensing;
(b) Conduct hearings regarding disciplinary actions
and submit a written report to the Director as required
by this Act and provide a Board member at informal
conferences;
(c) Visit universities or colleges to evaluate
surveying curricula and submit to the Director a written
recommendation of acceptability of the curriculum;
(d) Submit a written recommendation to the Director
concerning promulgation or amendment of rules for the
administration of this Act;
(e) The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating
to the enforcement of this Act;
(f) The Board may appoint a subcommittee to serve
as a Complaint Committee to recommend the disposition of
case files according to procedures established by rule;
(g) Hold at least 4 3 regular meetings each year;
and
(h) The Board shall annually elect a Chairperson
and a Vice Chairperson who shall be licensed Illinois
Professional Land Surveyors.
A quorum of the Board shall consist of a majority of
Board members appointed.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/12) (from Ch. 111, par. 3262)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12. Qualifications for licensing.
(a) A person is qualified to receive a license as a
Professional Land Surveyor and the Department shall issue a
license to a person:
(1) who has applied in writing in the required form
and substance to the Department;
(2) (blank);
(3) who is of good moral character;
(4) who has been issued a license as a Land
Surveyor-in-Training;
(5) who, subsequent to passing an examination for
licensure as a Surveyor-In-Training, has at least 4 years
of responsible charge experience verified by a
professional land surveyor in direct supervision and
control of his or her activities has at least 4 years of
responsible charge experience, subsequent to passage of
an examination for licensure as a Land
Surveyor-in-Training, verified by a Professional Land
Surveyor in responsible charge of land surveying
operations under the direct supervision and control of a
Professional Land Surveyor; and
(6) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Professional Land Surveyor.
(b) A person is qualified to receive a license as a Land
Surveyor-in-Training and the Department shall issue a license
to a person:
(1) who has applied in writing in the required form
and substance to the Department;
(2) (blank);
(3) who is of good moral character;
(4) who has the required education as set forth in
this Act; and
(5) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Land Surveyor-in-Training in accordance with
this Act.
In determining moral character under this Section, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute
grounds for discipline under this Act.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/15) (from Ch. 111, par. 3265)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15. Seal. Every Professional Land Surveyor shall
have a reproducible seal or facsimile, which may be computer
generated, the impression of which shall contain the name of
the land surveyor, his or her place of business, the license
number, of the Professional Land Surveyor, and the words
"Professional Land Surveyor, State of Illinois". Signatures
generated by computer or rubber stamp shall not be permitted.
A Professional Land Surveyor shall seal all documents
prepared by or under the direct supervision and control of
the Professional Land Surveyor. Any seal authorized or
approved by the Department under the Illinois Land Surveyors
Act shall serve the same purpose as the seal provided for by
this Act. Signatures generated by computer shall not be
permitted. The licensee's written signature and date of
signing along with the date of license expiration shall be
placed adjacent to the seal.
(Source: P.A. 90-655, eff. 7-30-98; 91-132, eff. 1-1-00.)
(225 ILCS 330/20) (from Ch. 111, par. 3270)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20. Endorsement. Upon payment of the required fee,
an applicant who is a Professional Land Surveyor, registered,
licensed, or otherwise legally recognized as a Land Surveyor
under the laws of another state or territory of the United
States may be granted a license as an Illinois Professional
Land Surveyor by the Department with approval of the Board
upon the following conditions:
(a) That the applicant meets the requirements for
licensing in this State, and that the requirements for
licensing or other legal recognition of Land Surveyors in
the particular state or territory were, at the date of
issuance of the license or certificate, equivalent to the
requirements then in effect in the State of Illinois; and
(b) That the applicant passes a jurisdictional
examination to determine the applicant's knowledge of the
surveying tasks unique to the State of Illinois and the
laws pertaining thereto.
(Source: P.A. 90-602, eff. 6-26-98; 91-132, eff. 1-1-00.)
(225 ILCS 330/29) (from Ch. 111, par. 3279)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29. Investigations; notice and hearing. A license
or registration issued under the provisions of this Act may
be revoked, suspended, not renewed or restored, or otherwise
disciplined, or applications for license or registration may
be refused, in the manner set forth in this Act. The
Department may, upon its own action, and shall, upon the
verified complaint in writing of any person setting forth
facts which, if proven, would constitute grounds for
discipline, investigate the actions of any person or other
entity holding, applying for or claiming to hold a license,
or practicing or offering to practice land surveying. Before
the initiation of an investigation, the matter shall be
reviewed by a subcommittee of the Board according to
procedures established by rule for the Complaint Committee.
The Department shall, before refusing to issue, renew or
restore, suspending or revoking any license or registration,
or imposing any other disciplinary action, at least 30 days
prior to the date set for the hearing, notify the person
accused in writing of any charges made and shall direct the
person or entity to file a written answer to the Board under
oath within 20 days after the service of the notice and
inform the person or entity that if the person or entity
fails to file an answer default will be taken and that the
license or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature or extent of
practice, as the Director may deem proper. The Department
shall afford the accused person or entity an opportunity to
be heard in person or by counsel in reference to the charges
changes. This written notice may be served by personal
delivery to the accused person or entity or certified mail to
the last address specified by the accused person or entity in
the last notification to the Department. In case the person
or entity fails to file an answer after receiving notice, his
or her license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary
action deemed proper, including limiting the scope, nature,
or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
At the time and place fixed in the notice, the Board shall
hear the charges and the accused person or entity shall be
accorded ample opportunity to present any statements,
testimony, evidence and argument as may be relevant to the
charges or their defense. The Board may continue the hearing
from time to time.
The Board may from time to time and in co-operation with
the Department's legal advisors employ individual land
surveyors possessing the same minimum qualifications as
required for Board candidates to assist with its
investigative duties.
Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of
alleged violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, are not liable for
damages in any civil action or proceeding as a result of
their assistance, except upon proof of actual malice. The
Attorney General shall defend these persons in any such
action or proceeding.
(Source: P.A. 87-1031; 88-428.)
(225 ILCS 330/45) (from Ch. 111, par. 3295)
(Section scheduled to be repealed on January 1, 2010)
Sec. 45. Entry upon adjoining land; Liability for
damages. A Professional Land Surveyor, or persons under his
direct supervision, together with his survey party, who, in
the course of making a survey, finds it necessary to go upon
the land of a party or parties other than the one for whom
the survey is being made is not liable for civil or criminal
trespass as a trespasser and is liable only for any actual
damage done to the land or property.
(Source: P.A. 86-987.)
(225 ILCS 330/49) (from Ch. 111, par. 3299)
(Section scheduled to be repealed on January 1, 2010)
Sec. 49. The provisions of this Act, insofar as they are
the same or substantially the same as those of any prior law
concerning the licensure of land surveyors, shall be
construed as a continuation of such prior law and not as a
new enactment.
Any existing injunction or temporary restraining order
validly obtained under the Illinois Land Surveyors Act which
prohibits the unlicensed unregistered practice of land
surveying or prohibits or requires any other conduct in
connection with the practice of land surveying, or any
disciplinary action begun under the Illinois Land Surveyors
Act are not invalidated by the enactment of this Act and
shall continue to have full force and effect on and after the
effective date of this Act. All certificates of registration
and enrollments in effect on December 31, 1989 issued
pursuant to the Illinois Land Surveyors Act are reinstated
under this Act for the balance of the term for which last
issued. All rules and regulations in effect on December 31,
1989 and promulgated pursuant to the Illinois Land Surveyors
Act shall remain in full force and effect on and after the
effective date of this Act without being promulgated again by
the Department, except to the extent any such rule or
regulation is inconsistent with any provision of this Act.
(Source: P.A. 86-987.)
Effective Date: 1/1/2004
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