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Public Act 100-0171


 

Public Act 0171 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0171
 
HB3322 EnrolledLRB100 11366 SMS 21752 b

    AN ACT concerning regulation.
 
    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, 4, 5, 8, 11, 12, 13,
14, 16, 16.5, 17, 18, 23, 40, and 48 as follows:
 
    (225 ILCS 330/1)  (from Ch. 111, par. 3251)
    (Section scheduled to be repealed on January 1, 2020)
    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 using the appropriate application of boundary
law principles, together with the attendant preparation of
legal descriptions and plats, which bear witness for posterity
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. 93-467, eff. 1-1-04.)
 
    (225 ILCS 330/4)  (from Ch. 111, par. 3254)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 4. Definitions. As used in this Act:
    (a) "Department" means the Department of Financial and
Professional Regulation.
    (b) "Secretary" means the Secretary of the Department of
Financial and 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 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) "Surveyor Intern" "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 surveying 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.
    (j) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
    (k) "Standard of care" means the use of the same degree of
knowledge, skill, and ability as an ordinarily careful and
reasonable professional land surveyor would exercise under
similar circumstances.
    (l) "Establishing" means performing an original survey. An
original survey establishes boundary lines within an original
division of a tract of land which has theretofore existed as
one unit or parcel and describing and monumenting a line or
lines of a parcel or tract of land on the ground for the first
time. An original surveyor is the creator of one or more new
boundary lines.
    (m) "Reestablishing" or "locating" means performing a
retracement survey. A retracement survey tracks the footsteps
of the original surveyor, locating boundary lines and corners
which have been established by the original survey. A
retracement survey cannot establish new corners or lines or
correct errors of the original survey.
    (n) "Boundary law principles" means applying the
decisions, results, and findings of land boundary cases that
concern the establishment of boundary lines and corners.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/5)  (from Ch. 111, par. 3255)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 5. Practice of land surveying defined. Any person who
practices in Illinois as a professional land surveyor who
renders, offers to render, or holds himself or herself out as
able to render, or perform any service, the adequate
performance of which involves the special knowledge of the art
and application of the principles of the accurate and precise
measurement of length, angle, elevation or volume,
mathematics, the related physical and applied sciences, and the
relevant requirements of applicable boundary law principles
and performed with the appropriate standard of care, all of
which are acquired by education, training, experience, and
examination. Any one or combination of the following practices
constitutes the practice of land surveying:
        (a) Establishing or reestablishing, locating,
    defining, and making or monumenting land boundaries or
    title or real property lines and the platting of lands and
    subdivisions;
        (b) Determining Establishing the area or volume of any
    portion of the earth's surface, subsurface, or 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 by persons holding certification from the American
    Society of Photogrammetry and Remote Sensing or
    substantially similar certification as approved by the
    Department, or except when the level of accuracy required
    is less than the level of accuracy required by the National
    Society of Professional Surveyors Model Standards and
    Practice;
        (c) Preparing descriptions for the determination of
    title or real property 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;
        (d) Labeling, designating, naming, preparing, or
    otherwise identifying legal lines or land title lines of
    the United States Rectangular System or any subdivision
    thereof on any plat, map, exhibit, photograph,
    photographic composite, or mosaic or photogrammetric map
    of any portion of the earth's surface for the purpose of
    recording and amending the same by the issuance of a
    certificate of correction in the Office of Recorder in any
    county;
        (e) Any act or combination of acts that 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;
             (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;
            (3) performing topographic surveys, with the
        exception of a licensed professional engineer
        knowledgeable in topographical surveys that performs a
        topographical survey specific to his or her design
        project. A licensed professional engineer may not,
        however, offer topographic surveying services that are
        independent of his or her specific design project; or
            (4) locating, relocating, establishing,
        reestablishing re-establishing, retracing, laying out,
        or staking of the location, alignment, or elevation of
        any existing or proposed improvements whose location
        is dependent upon property, easement, and right-of-way
        boundaries lines;
            (5) providing consultation, investigation,
        planning, mapping, assembling, and authoritative
        interpretation of gathered measurements, documents,
        and evidence in relation to the location of property,
        easement, and right-of-way boundaries; or
            (6) measuring, evaluating, mapping, or reporting
        the location of existing or proposed buildings,
        structures, or other improvements or their surrounding
        topography with respect to current flood insurance
        rate mapping or federal emergency management agency
        mapping along with locating of inland wetland
        boundaries delineated by a qualified specialist in
        relation to the location of property, easement, and
        right-of-way boundaries.
        (f) Determining the horizontal or vertical position or
    state plane coordinates for any monument or reference point
    that marks a title or real property line, boundary, or
    corner, or to set, reset, or replace any monument or
    reference point on any title or real property;
        (g) Creating, preparing, or modifying electronic or
    computerized data or maps, including land information
    systems and geographic information systems, relative to
    the performance of activities in items (a), (b), (d), (e),
    (f), and (h) 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) Determining Establishing or adjusting any control
    network or any geodetic control network or cadastral data
    as it pertains to items (a) through (g) of this Section
    together with the assignment of measured values to any
    United States Rectangular System corners, title or real
    property corner monuments or geodetic monuments;
        (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 horizontal or vertical
    relationship between existing physical objects or
    structures and one or more corners, datums, 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) Boundary analysis and determination of property,
    easement, or right-of-way lines on any plat submitted for
    regulatory review by governmental or municipal agencies;
        (m) (l) Offering or soliciting to perform any of the
    services set forth in this Section.
    In the performance of any of the foregoing functions, a
licensee shall adhere to the standards of professional conduct
enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing
functions unless such person specifically contracts to perform
such functions.
(Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10;
97-333, eff. 8-12-11; 97-813, eff. 7-13-12.)
 
    (225 ILCS 330/8)  (from Ch. 111, par. 3258)
    (Section scheduled to be repealed on January 1, 2020)
    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 applicant qualifications to sit for the
    examination or for licensure and shall make
    recommendations to the Department except for those
    applicant qualifications that the Board designates as
    routinely acceptable;
        (b) Conduct hearings regarding disciplinary actions
    and submit a written report to the Secretary 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 Secretary a written
    recommendation of acceptability of the curriculum;
        (d) Submit a written recommendation to the Secretary
    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 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 4 members. A quorum
is required for all Board decisions.
    Subject to the provisions of this Act, the Board may
exercise the following duties as deemed necessary by the
Department: (i) review education and experience qualifications
of applicants, including conducting oral interviews; (ii)
determine eligibility as a Professional Land Surveyor or
Surveyor Intern Land Surveyor-in-Training; and (iii) submit to
the Secretary recommendations on applicant qualifications for
enrollment and licensure.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/11)  (from Ch. 111, par. 3261)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 11. Examination; failure Failure or refusal to take.
The Department shall authorize examinations, as recommended
and approved by the Board, for licensure as Surveyor Interns
Land Surveyors-in-Training and Professional Land Surveyors at
such times and places as it may determine.
    The examination of an applicant for licensure as a Surveyor
Intern Land Surveyor-in-Training or a Professional Land
Surveyor may include examinations as defined by rule. The
substance and form of the examination shall be as recommended
and approved by the Board. Each applicant shall be examined as
to his knowledge of the statutes of the United States of
America and the State of Illinois relating to the practice of
land surveying and mathematics as applied to land surveying.
    All applicants for licensing as a Professional Land
Surveyor shall be required to pass, as a portion of the
examination, a jurisdictional examination to determine the
applicant's knowledge of the surveying tasks unique to the
State of Illinois, and the laws relating thereto.
    Applicants for any examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination. Failure to
appear for the examination on the scheduled date, at the time
and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee. If an applicant
neglects, fails, or refuses to take an examination for
registration under this Act within 3 years after filing his
application, the application fee shall be forfeited to the
Department and the application denied. However, the applicant
may thereafter make a new application for examination,
accompanied by the required fee.
(Source: P.A. 98-713, eff. 7-16-14.)
 
    (225 ILCS 330/12)  (from Ch. 111, par. 3262)
    (Section scheduled to be repealed on January 1, 2020)
    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 to
    the Department;
        (2) (blank);
        (2.5) who has not violated any provision of this Act or
    its rules;
        (3) who is of good ethical character, including
    compliance with the Code of Ethics and Standards of
    Practice promulgated by rule pursuant to this Act, and has
    not committed an act or offense in any jurisdiction that
    would constitute grounds for discipline of a land surveyor
    licensed under this Act;
        (4) who has been issued a license as a Surveyor Intern
    Land Surveyor-in-Training;
        (5) who, subsequent to passing the examination
    authorized by the Department for licensure as a Surveyor
    Intern 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;
        (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; and
        (7) who satisfies one of the following educational
    requirements:
            (A) is a graduate of an approved land surveying
        curriculum of at least 4 years who has passed an
        examination in the fundamentals of surveying, as
        defined by rule; or
            (B) is a graduate of a baccalaureate curriculum of
        at least 4 years, including at least 24 semester hours
        of land surveying courses from an approved land
        surveying curriculum and the related science courses,
        who has passed an examination in the fundamentals of
        surveying, as defined by rule. who has a baccalaureate
        degree in a related science if he or she does not have
        a baccalaureate degree in land surveying from an
        accredited college or university.
    (b) A person is qualified to receive a license as a
Surveyor Intern Land Surveyor-in-Training and the Department
shall issue a license to a person:
        (1) who has applied in writing in the required form
    provided by 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 Surveyor Intern 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. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/13)  (from Ch. 111, par. 3263)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 13. Minimum standards for enrollment as a Surveyor
Intern. Qualifications for examination for Licensed Land
Surveyor-in-Training. To enroll as a Surveyor Intern, an
applicant must be:
        (1) a graduate of an approved land surveying curriculum
    of at least 4 years who has passed an examination in the
    fundamentals of surveying, as defined by rule;
        (2) an applicant in the last year of an approved land
    surveying or related science curriculum who passes an
    examination in the fundamentals of surveying, as defined by
    rule, and furnishes proof that the applicant graduated
    within a 12-month period following the examination; or
        (3) a graduate of a baccalaureate curriculum of at
    least 4 years, including at least 24 semester hours of land
    surveying courses from an approved land surveying
    curriculum and the related science courses, as defined by
    rule, who passes an examination in the fundamentals of
    surveying, as defined by rule.
Applicants for the examination for Land Surveyor-in-Training
shall have:
        (1) a baccalaureate degree in Land Surveying from an
    accredited college or university program; or
        (2) a baccalaureate degree in a related science
    including at least 24 semester hours of land surveying
    courses from a Department approved curriculum of an
    accredited institution.
(Source: P.A. 96-626, eff. 8-24-09; 97-543, eff. 1-1-12.)
 
    (225 ILCS 330/14)  (from Ch. 111, par. 3264)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 14. License to be displayed. Every holder of a license
as a Professional Land Surveyor or Surveyor Intern Land
Surveyor-in-Training shall display it in a conspicuous
location in his or her office, place of business, or place of
employment.
(Source: P.A. 91-132, eff. 1-1-00.)
 
    (225 ILCS 330/16)  (from Ch. 111, par. 3266)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 16. Unlawful to practice without license or
registration. It is unlawful for any person, sole
proprietorship, professional service corporation, corporation,
partnership, limited liability company, or other entity to
practice land surveying, or advertise or display any sign, card
or other device which might indicate to the public that the
person or entity is entitled to practice as a land surveyor, or
use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T.", use the
title "Professional Land Surveyor" or "Surveyor Intern" "Land
Surveyor-in-Training" or any of their derivations, unless such
person holds a valid active license as a Professional Land
Surveyor or Surveyor Intern Land Surveyor-in-Training in the
State of Illinois, or such professional service corporation,
corporation, partnership, sole proprietorship, limited
liability company, or other entity is in compliance with this
Act.
(Source: P.A. 88-428.)
 
    (225 ILCS 330/16.5)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 16.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a professional
land surveyor or as a Surveyor Intern land surveyor-in-training
without being licensed under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense
as determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to
investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/17)  (from Ch. 111, par. 3267)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 17. Surveyor Intern; supervision Land
Surveyor-in-Training; Supervision. It is unlawful for any
Surveyor Intern Land Surveyor-in-Training licensed under this
Act to practice or attempt to practice land surveying except
when in responsible charge under the overall supervision of a
Professional Land Surveyor.
(Source: P.A. 86-987.)
 
    (225 ILCS 330/18)  (from Ch. 111, par. 3268)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 18. Renewal, reinstatement or restoration of license;
Persons in military service.
    (a) The expiration date and renewal period for each license
as a Professional Land Surveyor issued under this Act shall be
set by rule. The holder of a license may renew such license
during the month preceding the expiration date by paying the
required fee.
    (b) Any Professional Land Surveyor whose license has been
inactive for less than 5 years is required to pay the current
renewal fee and shall have his or her license restored.
    (c) A Professional Land Surveyor whose license has been
expired for more than 5 years may have the license restored by
making application to the Department and filing proof
acceptable to the Department of fitness to have the license
restored, including, but not limited to, sworn evidence
certifying to active practice in another jurisdiction and
payment of the required renewal, reinstatement or restoration
fee.
    However, any Professional Land Surveyor whose license
expired while engaged (a) in federal service on active duty
with the armed forces of the United States, or the State
Militia called into active service or training, or (b) in
training or education under the supervision of the United
States preliminary to induction into the military service, may
have a license renewed without paying any lapsed reinstatement
or restoration fees upon passing an oral examination by the
Board, or without taking any examination, if approved by the
Board, if, within 2 years after the termination other than by
dishonorable discharge of such service, training, or
education, the licensee furnishes the Department with an
affidavit to the effect the licensee was so engaged and that
the service, training, or education has so terminated.
    (d) A license for a Surveyor Intern does not expire Land
Surveyor-in-Training is valid for 10 years and may not be
renewed.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/23)  (from Ch. 111, par. 3273)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 23. Address of Record; Names of licensed surveyors to
be published. It is the responsibility of a Professional Land
Surveyor or Surveyor Intern Land Surveyor-in-Training to
inform the Department of any change of address or name. The
Department shall maintain a roster of names, and addresses, and
email addresses of all professional land surveyors and
professional design firms, partnerships, and corporations
licensed or registered under this Act. This roster shall be
available upon request and payment of the required fee.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/40)  (from Ch. 111, par. 3290)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 40. Temporary suspension of a license. The Secretary
may temporarily suspend the license of a Professional Land
Surveyor or Surveyor Intern Land Surveyor-in-Training without
a hearing, simultaneously with the institution of proceedings
for a hearing under Section 29 of this Act, if the Secretary
finds that evidence in his possession indicates that a
Professional Land Surveyor's or Surveyor Intern's Land
Surveyor-in-Training's continuation in practice would
constitute an imminent danger to the public. In the event that
the Secretary temporarily suspends the license of a
Professional Land Surveyor or Surveyor Intern Land
Surveyor-in-Training without a hearing, a hearing by the Board
must be commenced within 30 days after such suspension has
occurred.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    (225 ILCS 330/48)  (from Ch. 111, par. 3298)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 48. Fund, appropriations, investments and audits. The
moneys deposited in the Design Professionals Administration
and Investigation Fund from fines and fees under this Act shall
be appropriated to the Department exclusively for expenses of
the Department and the Board in the administration of this Act,
the Illinois Architecture Practice Act, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Practice Act of 1989. The expenses of the
Department under this Act shall be limited to the ordinary and
contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
2105-75 of the Department of Professional Regulation Law (20
ILCS 2105/2105-75) and other expenses related to the
administration and enforcement of this Act.
    Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Financial and Professional Regulation. Moneys in
the Fund may be transferred to the Professions Indirect Cost
Fund as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
    Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund and
used for the same purposes as fees deposited in that Fund.
    Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes an
audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open to
inspection by any interested person. The copy of the audit
report required to be submitted to the Department by this
Section is in addition to copies of audit reports required to
be submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
eff. 6-28-01.)

Effective Date: 1/1/2018