Full Text of SB1826 98th General Assembly
SB1826sam001 98TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1826
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1826 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Electronic Commerce Security Act is amended | 5 | | by 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 | 9 | | for certain
consequences if a
document is not signed, an | 10 | | electronic signature satisfies that rule of law.
| 11 | | (a-5) In the course of exercising any permitting, | 12 | | licensing, or other regulatory function, a municipality may | 13 | | accept, but shall not require, documents with an electronic | 14 | | signature, including, but not limited to, the technical | 15 | | submissions of a design professional with an electronic | 16 | | signature. |
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| 1 | | (b) An electronic signature may be proved in any manner, | 2 | | including by
showing that a
procedure existed by which a party | 3 | | must of necessity have executed a symbol or
security procedure | 4 | | for
the purpose of verifying that an electronic record is that | 5 | | of such party in
order to proceed further with a
transaction.
| 6 | | (c) The provisions of this Section shall not apply:
| 7 | | (1) when its application would involve a construction | 8 | | of a rule of law
that is clearly
inconsistent with the | 9 | | manifest intent of the lawmaking body or repugnant to the
| 10 | | context of the
same rule of law, provided that the mere | 11 | | requirement of a "signature" or that a
record be
"signed" | 12 | | shall not by itself be sufficient to establish such intent;
| 13 | | (2) to any rule of law governing the creation or | 14 | | execution of a will or
trust, living
will, or healthcare | 15 | | power of attorney; and
| 16 | | (3) to any record that serves as a unique and | 17 | | transferable instrument of
rights and
obligations | 18 | | including, without limitation, negotiable instruments and | 19 | | other
instruments of title
wherein possession of the | 20 | | instrument is deemed to confer title, unless an
electronic | 21 | | version of
such record is created, stored, and transferred | 22 | | in a manner that allows for the
existence of only
one | 23 | | unique, identifiable, and unalterable original with the | 24 | | functional
attributes of an equivalent
physical | 25 | | instrument, that can be possessed by only one person, and | 26 | | which cannot
be copied
except in a form that is readily |
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| 1 | | identifiable as a copy.
| 2 | | (Source: P.A. 90-759, eff. 7-1-99.)
| 3 | | Section 10. The Illinois Architecture Practice Act of 1989 | 4 | | is amended by changing Section 14 as follows:
| 5 | | (225 ILCS 305/14) (from Ch. 111, par. 1314)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 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, or | 11 | | facsimile,
the print of which shall contain the name of the | 12 | | 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 of
| 16 | | technical submissions utilized as contract
documents between | 17 | | the parties to the contract or prepared for the
review and | 18 | | approval of any governmental or public authority having
| 19 | | jurisdiction by that licensed architect or under that licensed
| 20 | | architect's responsible control. The sheet
of technical | 21 | | submissions in which the seal is affixed shall indicate those | 22 | | documents or
parts thereof for which the seal shall apply.
The | 23 | | seal and dates may be electronically affixed. The licensee may | 24 | | provide, at his or her sole discretion, an original signature |
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| 1 | | in the licensee's handwriting, a scanned copy of the document | 2 | | bearing an original signature, or a signature generated by a | 3 | | computer. The signature must be
in the original handwriting of | 4 | | the licensee. Signatures generated by computer
shall not be | 5 | | permitted. All technical submissions issued by any | 6 | | corporation,
partnership, professional service corporation, or | 7 | | professional design firm as
registered under this Act shall | 8 | | contain the corporate or assumed business name
and design firm | 9 | | registration number, in addition to any other seal
requirements | 10 | | as set forth in this Section.
| 11 | | "Responsible control" means that amount of control over and | 12 | | detailed
professional knowledge of
the content of technical | 13 | | submissions during their preparation as is ordinarily
| 14 | | exercised by architects
applying the required professional | 15 | | standard of care. Merely reviewing or
reviewing and correcting | 16 | | the
technical submissions or any portion thereof prepared by | 17 | | those not in the
regular employment of the
office where the | 18 | | architect is resident without control over the content of such
| 19 | | work throughout its
preparation does not constitute | 20 | | responsible control.
| 21 | | An architect licensed under the laws of this jurisdiction | 22 | | shall not sign and
seal technical
submissions that were not | 23 | | prepared by or under the responsible control of the
architect | 24 | | except that:
| 25 | | (1) the architect may sign and seal those portions of | 26 | | the technical
submissions that were
prepared by or under |
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| 1 | | the responsible control of persons who hold a license
under | 2 | | this Act, and
who shall have signed and sealed the | 3 | | documents, if the architect has reviewed
in whole or in
| 4 | | part such portions and has either coordinated their | 5 | | preparation or integrated
them into his or
her work;
| 6 | | (2) the architect may sign and seal portions of the | 7 | | professional work that
are not
required by this Act to be | 8 | | prepared by or under the responsible control of an
| 9 | | architect if the
architect has reviewed and adopted in | 10 | | whole or in part such portions and has
integrated them
into | 11 | | his or her work; and
| 12 | | (3) a partner or corporate officer of a professional | 13 | | design firm
registered in Illinois
who is licensed under | 14 | | the architecture licensing laws of this State, and who
has | 15 | | professional
knowledge of the content of the technical | 16 | | submissions and intends to be
responsible for the
adequacy | 17 | | of the technical submissions, may sign and seal technical | 18 | | submissions
that are prepared
by or under the responsible | 19 | | control of architects who are licensed in this
State and | 20 | | who are in
the regular employment of the professional | 21 | | design firm.
| 22 | | The architect exercising responsible control under which | 23 | | the documents or
portions of the
documents were prepared shall | 24 | | be identified on the documents or portions of the
documents by | 25 | | name and
Illinois license number.
| 26 | | Any licensed architect who signs and seals technical |
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| 1 | | submissions not prepared
by that architect
but prepared under | 2 | | the architect's responsible control by persons not regularly
| 3 | | employed in the office
where the architect is resident shall | 4 | | maintain and make available to the board
upon request for at
| 5 | | least 5 years following such signing and sealing, adequate and | 6 | | complete records
demonstrating the
nature and extent of the | 7 | | architect's control over and detailed professional
knowledge | 8 | | of such
technical submissions throughout their preparation.
| 9 | | (Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02 .)
| 10 | | Section 15. The Professional Engineering Practice Act of | 11 | | 1989 is amended by changing Section 14 as follows:
| 12 | | (225 ILCS 325/14) (from Ch. 111, par. 5214)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 14. Seal. Every professional engineer shall
have a | 15 | | seal or
stamp, the print of which shall
be reproducible and
| 16 | | contain the name of the
professional engineer, the professional | 17 | | engineer's license number, and
the words "Licensed | 18 | | Professional Engineer of Illinois".
Any
reproducible stamp | 19 | | heretofore authorized under the laws of this
state for use by a
| 20 | | professional engineer, including those with the words | 21 | | "Registered
Professional Engineer of Illinois",
shall serve | 22 | | the same purpose as the seal provided
for by this Act. The | 23 | | engineer shall be responsible for his seal and signature as | 24 | | defined by rule.
When technical submissions are prepared |
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| 1 | | utilizing a computer or other
electronic means, the seal may be | 2 | | generated by the computer. The licensee may provide, at his or | 3 | | her sole discretion, an original signature in the licensee's | 4 | | handwriting, a scanned copy of the technical submission bearing | 5 | | an original signature, or a signature generated by a computer. | 6 | | Signatures
generated by computer shall not be permitted.
| 7 | | The use of a professional engineer's seal on technical | 8 | | submissions
constitutes a representation by the professional | 9 | | engineer that the work
has been prepared by or under the | 10 | | personal supervision of the professional
engineer or developed | 11 | | in conjunction with the use of accepted engineering
standards. | 12 | | The use of the seal further represents that the work has been
| 13 | | prepared and administered in accordance with the
standards of | 14 | | reasonable professional skill and diligence.
| 15 | | It is unlawful to affix one's seal to technical submissions | 16 | | if
it masks the true identity of the person who actually | 17 | | exercised
direction, control and supervision of the | 18 | | preparation of such work. A
professional engineer who seals and | 19 | | signs technical submissions is not
responsible for damage | 20 | | caused by subsequent changes to or uses of those
technical | 21 | | submissions, where the subsequent changes or uses, including
| 22 | | changes or uses made by State or local governmental agencies, | 23 | | are not
authorized or approved by the professional engineer who | 24 | | originally
sealed and signed the technical submissions.
| 25 | | (Source: P.A. 96-626, eff. 8-24-09.)
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| 1 | | Section 20. The Illinois Professional Land Surveyor Act of | 2 | | 1989 is amended by changing Section 15 as follows:
| 3 | | (225 ILCS 330/15) (from Ch. 111, par. 3265)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 15. Seal. Every Professional Land Surveyor shall have | 6 | | a
reproducible seal or facsimile, which may be computer | 7 | | generated, the
impression of which
shall contain the name of | 8 | | the land surveyor, his or her place of business,
the license
| 9 | | number, of the Professional Land Surveyor, and the words | 10 | | "Professional Land
Surveyor, State of Illinois". Signatures | 11 | | generated by computer or rubber
stamp shall not be permitted. A
| 12 | | Professional Land Surveyor shall seal all documents prepared by | 13 | | or
under the direct supervision and control of the Professional | 14 | | Land Surveyor.
Any seal authorized or approved by the | 15 | | Department under the Illinois Land
Surveyors Act shall serve | 16 | | the same purpose as the seal provided for by this
Act. The
| 17 | | licensee's written signature and date of signing along with the | 18 | | date of license
expiration shall be placed adjacent to the | 19 | | seal. The licensee may provide, at his or her sole discretion, | 20 | | an original signature in the licensee's handwriting, a scanned | 21 | | copy of the document bearing an original signature, or a | 22 | | signature generated by a computer. | 23 | | It is unlawful to affix one's seal to documents if it masks | 24 | | the true identity of the person who actually exercised | 25 | | direction, control, and supervision of the preparation of that |
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| 1 | | work. A Professional Land Surveyor who seals and signs | 2 | | documents is not responsible for damage caused by subsequent | 3 | | changes to or uses of those documents where the subsequent | 4 | | changes or uses, including changes or uses made by State or | 5 | | local governmental agencies, are not authorized or approved by | 6 | | the Professional Land Surveyor who originally sealed and signed | 7 | | the documents.
| 8 | | (Source: P.A. 93-467, eff. 1-1-04 .)".
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