SB1826 EnrolledLRB098 07550 MGM 37621 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Commerce Security Act is amended
5by changing Section 5-120 as follows:
 
6    (5 ILCS 175/5-120)
7    Sec. 5-120. Electronic signatures.
8    (a) Where a rule of law requires a signature, or provides
9for certain consequences if a document is not signed, an
10electronic signature satisfies that rule of law.
11    (a-5) In the course of exercising any permitting,
12licensing, or other regulatory function, a municipality may
13accept, but shall not require, documents with an electronic
14signature, including, but not limited to, the technical
15submissions of a design professional with an electronic
16signature.
17    (b) An electronic signature may be proved in any manner,
18including by showing that a procedure existed by which a party
19must of necessity have executed a symbol or security procedure
20for the purpose of verifying that an electronic record is that
21of such party in order to proceed further with a transaction.
22    (c) The provisions of this Section shall not apply:
23        (1) when its application would involve a construction

 

 

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1    of a rule of law that is clearly inconsistent with the
2    manifest intent of the lawmaking body or repugnant to the
3    context of the same rule of law, provided that the mere
4    requirement of a "signature" or that a record be "signed"
5    shall not by itself be sufficient to establish such intent;
6        (2) to any rule of law governing the creation or
7    execution of a will or trust, living will, or healthcare
8    power of attorney; and
9        (3) to any record that serves as a unique and
10    transferable instrument of rights and obligations
11    including, without limitation, negotiable instruments and
12    other instruments of title wherein possession of the
13    instrument is deemed to confer title, unless an electronic
14    version of such record is created, stored, and transferred
15    in a manner that allows for the existence of only one
16    unique, identifiable, and unalterable original with the
17    functional attributes of an equivalent physical
18    instrument, that can be possessed by only one person, and
19    which cannot be copied except in a form that is readily
20    identifiable as a copy.
21(Source: P.A. 90-759, eff. 7-1-99.)
 
22    Section 10. The Illinois Architecture Practice Act of 1989
23is amended by changing Section 14 as follows:
 
24    (225 ILCS 305/14)  (from Ch. 111, par. 1314)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 14. Display of license; Seal. Every holder of a
3license as a licensed architect shall display it in a
4conspicuous place in the principal office of the architect.
5    Every licensed architect shall have a reproducible seal, or
6facsimile, the print of which shall contain the name of the
7architect, the license number, and the words "Licensed
8Architect, State of Illinois". The licensed architect shall
9affix the signature, current date, date of license expiration
10and seal to the first sheet of any bound set or loose sheets of
11technical submissions utilized as contract documents between
12the parties to the contract or prepared for the review and
13approval of any governmental or public authority having
14jurisdiction by that licensed architect or under that licensed
15architect's responsible control. The sheet of technical
16submissions in which the seal is affixed shall indicate those
17documents or parts thereof for which the seal shall apply. The
18seal and dates may be electronically affixed. The licensee may
19provide, at his or her sole discretion, an original signature
20in the licensee's handwriting, a scanned copy of the document
21bearing an original signature, or a signature generated by a
22computer. The signature must be in the original handwriting of
23the licensee. Signatures generated by computer shall not be
24permitted. All technical submissions issued by any
25corporation, partnership, professional service corporation, or
26professional design firm as registered under this Act shall

 

 

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1contain the corporate or assumed business name and design firm
2registration number, in addition to any other seal requirements
3as set forth in this Section.
4    "Responsible control" means that amount of control over and
5detailed professional knowledge of the content of technical
6submissions during their preparation as is ordinarily
7exercised by architects applying the required professional
8standard of care. Merely reviewing or reviewing and correcting
9the technical submissions or any portion thereof prepared by
10those not in the regular employment of the office where the
11architect is resident without control over the content of such
12work throughout its preparation does not constitute
13responsible control.
14    An architect licensed under the laws of this jurisdiction
15shall not sign and seal technical submissions that were not
16prepared by or under the responsible control of the architect
17except that:
18        (1) the architect may sign and seal those portions of
19    the technical submissions that were prepared by or under
20    the responsible control of persons who hold a license under
21    this Act, and who shall have signed and sealed the
22    documents, if the architect has reviewed in whole or in
23    part such portions and has either coordinated their
24    preparation or integrated them into his or her work;
25        (2) the architect may sign and seal portions of the
26    professional work that are not required by this Act to be

 

 

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1    prepared by or under the responsible control of an
2    architect if the architect has reviewed and adopted in
3    whole or in part such portions and has integrated them into
4    his or her work; and
5        (3) a partner or corporate officer of a professional
6    design firm registered in Illinois who is licensed under
7    the architecture licensing laws of this State, and who has
8    professional knowledge of the content of the technical
9    submissions and intends to be responsible for the adequacy
10    of the technical submissions, may sign and seal technical
11    submissions that are prepared by or under the responsible
12    control of architects who are licensed in this State and
13    who are in the regular employment of the professional
14    design firm.
15    The architect exercising responsible control under which
16the documents or portions of the documents were prepared shall
17be identified on the documents or portions of the documents by
18name and Illinois license number.
19    Any licensed architect who signs and seals technical
20submissions not prepared by that architect but prepared under
21the architect's responsible control by persons not regularly
22employed in the office where the architect is resident shall
23maintain and make available to the board upon request for at
24least 5 years following such signing and sealing, adequate and
25complete records demonstrating the nature and extent of the
26architect's control over and detailed professional knowledge

 

 

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1of such technical submissions throughout their preparation.
2(Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02.)
 
3    Section 15. The Professional Engineering Practice Act of
41989 is amended by changing Section 14 as follows:
 
5    (225 ILCS 325/14)  (from Ch. 111, par. 5214)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 14. Seal. Every professional engineer shall have a
8seal or stamp, the print of which shall be reproducible and
9contain the name of the professional engineer, the professional
10engineer's license number, and the words "Licensed
11Professional Engineer of Illinois". Any reproducible stamp
12heretofore authorized under the laws of this state for use by a
13professional engineer, including those with the words
14"Registered Professional Engineer of Illinois", shall serve
15the same purpose as the seal provided for by this Act. The
16engineer shall be responsible for his seal and signature as
17defined by rule. When technical submissions are prepared
18utilizing a computer or other electronic means, the seal may be
19generated by the computer. The licensee may provide, at his or
20her sole discretion, an original signature in the licensee's
21handwriting, a scanned copy of the technical submission bearing
22an original signature, or a signature generated by a computer.
23Signatures generated by computer shall not be permitted.
24    The use of a professional engineer's seal on technical

 

 

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1submissions constitutes a representation by the professional
2engineer that the work has been prepared by or under the
3personal supervision of the professional engineer or developed
4in conjunction with the use of accepted engineering standards.
5The use of the seal further represents that the work has been
6prepared and administered in accordance with the standards of
7reasonable professional skill and diligence.
8    It is unlawful to affix one's seal to technical submissions
9if it masks the true identity of the person who actually
10exercised direction, control and supervision of the
11preparation of such work. A professional engineer who seals and
12signs technical submissions is not responsible for damage
13caused by subsequent changes to or uses of those technical
14submissions, where the subsequent changes or uses, including
15changes or uses made by State or local governmental agencies,
16are not authorized or approved by the professional engineer who
17originally sealed and signed the technical submissions.
18(Source: P.A. 96-626, eff. 8-24-09.)
 
19    Section 20. The Illinois Professional Land Surveyor Act of
201989 is amended by changing Section 15 as follows:
 
21    (225 ILCS 330/15)  (from Ch. 111, par. 3265)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 15. Seal. Every Professional Land Surveyor shall have
24a reproducible seal or facsimile, which may be computer

 

 

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1generated, the impression of which shall contain the name of
2the land surveyor, his or her place of business, the license
3number, of the Professional Land Surveyor, and the words
4"Professional Land Surveyor, State of Illinois". Signatures
5generated by computer or rubber stamp shall not be permitted. A
6Professional Land Surveyor shall seal all documents prepared by
7or under the direct supervision and control of the Professional
8Land Surveyor. Any seal authorized or approved by the
9Department under the Illinois Land Surveyors Act shall serve
10the same purpose as the seal provided for by this Act. The
11licensee's written signature and date of signing along with the
12date of license expiration shall be placed adjacent to the
13seal. The licensee may provide, at his or her sole discretion,
14an original signature in the licensee's handwriting, a scanned
15copy of the document bearing an original signature, or a
16signature generated by a computer.
17    It is unlawful to affix one's seal to documents if it masks
18the true identity of the person who actually exercised
19direction, control, and supervision of the preparation of that
20work. A Professional Land Surveyor who seals and signs
21documents is not responsible for damage caused by subsequent
22changes to or uses of those documents where the subsequent
23changes or uses, including changes or uses made by State or
24local governmental agencies, are not authorized or approved by
25the Professional Land Surveyor who originally sealed and signed
26the documents.

 

 

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1(Source: P.A. 93-467, eff. 1-1-04.)