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92_SB0289sam001
LRB9205706LBgcam02
1 AMENDMENT TO SENATE BILL 289
2 AMENDMENT NO. . Amend Senate Bill 289 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Professional Engineering Practice Act of
6 1989 is amended by changing Sections 4, 5, 8, 9, 12, 14, 15,
7 24, and 39 as follows:
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 or program of 4 academic years or more
12 which 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
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1 Structural Engineering Practice Act of 1989 or the
2 Professional Engineering Practice Act of 1989.
3 (e) "Director" means the Director of Professional
4 Regulation.
5 (f) "Direct supervision/responsible charge" means work
6 prepared under the control of a licensed professional
7 engineer or that work as to which that professional engineer
8 has detailed professional knowledge.
9 (g) "Engineering college" means a school, college,
10 university, department of a university or other educational
11 institution, reputable and in good standing in accordance
12 with rules prescribed by the Department, and which grants
13 baccalaureate degrees in engineering.
14 (h) "Engineering system or facility" means a system or
15 facility whose design is based upon the application of the
16 principles of science for the purpose of modification of
17 natural states of being.
18 (i) "Engineer intern" means a person who is a candidate
19 for licensure as a professional engineer and who has been
20 enrolled as an engineer intern.
21 (j) "Enrollment" means an action by the Department to
22 record those individuals who have met the Board's
23 requirements for an engineer intern.
24 (k) "License" means an official document issued by the
25 Department to an individual, a corporation, a partnership, a
26 professional service corporation, a limited liability
27 company, or a sole proprietorship, signifying authority to
28 practice.
29 (l) "Negligence in the practice of professional
30 engineering" means the failure to exercise that degree of
31 reasonable professional skill, judgment and diligence
32 normally rendered by professional engineers in the practice
33 of professional engineering.
34 (m) "Professional engineer" means a person licensed
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1 under the laws of the State of Illinois to practice
2 professional engineering.
3 (n) "Professional engineering" means the application of
4 science to the design of engineering systems and facilities
5 using the knowledge, skills, ability and professional
6 judgment developed through professional engineering
7 education, training and experience.
8 (o) "Professional engineering practice" means the
9 consultation on, conception, investigation, evaluation,
10 planning, and design of, and selection of materials and
11 methods to be used in, administration of construction
12 contracts for, or site observation of, an engineering system
13 or facility, where such consultation, conception,
14 investigation, evaluation, planning, design, selection,
15 administration, or observation requires extensive knowledge
16 of engineering laws, formulae, materials, practice, and
17 construction methods. A person shall be construed to
18 practice or offer to practice professional engineering,
19 within the meaning and intent of this Act, who practices, or
20 who, by verbal claim, sign, advertisement, letterhead, card,
21 or any other way, is represented to be a professional
22 engineer, or through the use of the initials "P.E." or the
23 title "engineer" or any of its derivations or some other
24 title implies licensure as a professional engineer, or holds
25 himself out as able to perform any service which is
26 recognized as professional engineering practice.
27 Examples of the practice of professional engineering
28 include, but need not be limited to, transportation
29 facilities and publicly owned utilities for a region or
30 community, railroads, railways, highways, subways, canals,
31 harbors, river improvements; irrigation works; aircraft,
32 airports and landing fields; waterworks, piping systems and
33 appurtenances, sewers, sewage disposal works; plants for the
34 generation of power; devices for the utilization of power;
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1 boilers; refrigeration plants, air conditioning systems and
2 plants; heating systems and plants; plants for the
3 transmission or distribution of power; electrical plants
4 which produce, transmit, distribute, or utilize electrical
5 energy; works for the extraction of minerals from the earth;
6 plants for the refining, alloying or treating of metals;
7 chemical works and industrial plants involving the use of
8 chemicals and chemical processes; plants for the production,
9 conversion, or utilization of nuclear, chemical, or radiant
10 energy; forensic engineering, geotechnical engineering
11 including, subsurface investigations; soil classification,
12 geology and geohydrology, incidental to the practice of
13 professional engineering; energy analysis, environmental
14 design, hazardous waste mitigation and control; recognition,
15 measurement, evaluation and control of environmental systems
16 and emissions; automated building management systems; or the
17 provision of professional engineering site observation of the
18 construction of works and engineering systems. Nothing
19 contained in this Section imposes upon a person licensed
20 under this Act the responsibility for the performance of any
21 of the foregoing functions unless such person specifically
22 contracts to provide it.
23 (p) "Project representative" means the professional
24 engineer's representative at the project site who assists in
25 the administration of the construction contract.
26 (q) "Registered" means the same as "licensed" for
27 purposes of this Act.
28 (r) "Related science curriculum" means a 4 year program
29 of study, the satisfactory completion of which results in a
30 Bachelor of Science degree, and which contains courses from
31 such areas as life, earth, engineering and computer sciences,
32 including but not limited to, physics and chemistry. In the
33 study of these sciences, the objective is to acquire
34 fundamental knowledge about the nature of its phenomena,
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1 including quantitative expression, appropriate to particular
2 fields of engineering.
3 (s) "Rules" means those rules promulgated pursuant to
4 this Act.
5 (t) "Seal" means the seal in compliance with Section 14
6 of this Act.
7 (u) "Site observation" is visitation of the construction
8 site for the purpose of reviewing, as available, the quality
9 and conformance of the work to the technical submissions as
10 they relate to design.
11 (v) "Support design professional" means a professional
12 engineer practicing in conformance with the Professional
13 Engineering Practice Act of 1989, who provides services to
14 the design professional who has contract responsibility.
15 (w) "Technical submissions" means designs, drawings, and
16 specifications which establish the standard of quality for
17 materials, workmanship, equipment, and the construction
18 systems, studies, and other technical reports prepared in the
19 course of a design professional's practice.
20 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
21 10-7-99.)
22 (225 ILCS 325/5) (from Ch. 111, par. 5205)
23 Sec. 5. Powers and duties of the Department. Subject to
24 the provisions of this Act, the Department shall exercise the
25 following functions, powers and duties:
26 (a) To pass upon the qualifications and conduct
27 examinations of applicants for licensure as professional
28 engineers or enrollment as engineer interns and pass upon
29 the qualifications of applicants by endorsement and issue
30 a license or enrollment to those who are found to be fit
31 and qualified.;
32 (b) To prescribe rules for the method, conduct and
33 grading of the examination of applicants.;
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1 (c) To license corporations, partnerships,
2 professional service corporations, limited liability
3 companies, and sole proprietorships for the practice of
4 professional engineering and issue a license to those who
5 qualify.;
6 (d) To conduct investigations and hearings
7 regarding violations of this Act and take disciplinary or
8 other actions as provided in this Act as a result of the
9 proceedings.;
10 (e) To prescribe rules as to what shall constitute
11 an engineering or related science curriculum and to
12 determine if a specific engineering curriculum is in
13 compliance with the rules, and to terminate the approval
14 of a specific engineering curriculum for non-compliance
15 with such rules.;
16 (f) To promulgate rules required for the
17 administration of this Act, including rules of
18 professional conduct.;
19 (g) To maintain membership in the National Council
20 of Examiners for Engineering and Surveying and
21 participate in activities of the Council by designation
22 of individuals for the various classifications of
23 membership, the appointment of delegates for attendance
24 at zone and national meetings of the Council, and the
25 funding of the delegates for attendance at the meetings
26 of the Council.; and
27 (h) To obtain written recommendations from the
28 Board regarding qualifications of individuals for
29 licensure and enrollment, definitions of curriculum
30 content and approval of engineering curricula, standards
31 of professional conduct and formal disciplinary actions,
32 and the promulgation of the rules affecting these
33 matters.
34 Prior to issuance of any final decision or order
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1 that deviates from any report or recommendations of the
2 Board relating to the qualification of applicants,
3 discipline of licensees or registrants, or promulgation
4 of rules, the Director shall notify the Board in writing
5 with an explanation of any such deviation and provide a
6 reasonable time for the Board to submit written comments
7 to the Director regarding the proposed action. In the
8 event that the Board fails or declines to submit such
9 written comments within 30 days of said notification, the
10 Director may issue a final decision or orders consistent
11 with the Director's original decision. The Department
12 may at any time seek the expert advice and knowledge of
13 the Board on any matter relating to the enforcement of
14 this Act.
15 (i) To publish and distribute or to post on the
16 Department's website, at least semi-annually, a
17 newsletter to all persons licensed and registered under
18 this Act. The newsletter shall describe the most recent
19 changes in this Act and the rules adopted under this Act
20 and shall contain information of any final disciplinary
21 action that has been ordered under this Act since the
22 date of the last newsletter.
23 None of the functions, powers or duties enumerated in
24 this Section shall be exercised by the Department except upon
25 the action and report in writing of the Board.
26 (Source: P.A. 91-92, eff. 1-1-00.)
27 (225 ILCS 325/8) (from Ch. 111, par. 5208)
28 Sec. 8. Applications for licensure.
29 (a) Applications for licensure shall (1) be on forms
30 prescribed and furnished by the Department, (2) contain
31 statements made under oath showing the applicant's education
32 and a detailed summary of the applicant's technical work, and
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1 (3) contain references as required by the Department.
2 (b) Applicants shall have obtained the education and
3 experience as required in Section 10 or Section 11 prior to
4 submittal of application for examination, except as provided
5 in subsection (b) of Section 11. Allowable experience shall
6 commence at the date of the baccalaureate degree, except:
7 (1) Credit for one year of experience shall be
8 given for a graduate of a baccalaureate curriculum
9 providing a cooperative program, which is supervised
10 industrial or field experience of at least one academic
11 year which alternates with periods of full-time academic
12 training, when such program is certified by the
13 university, or
14 (2) Partial credit may shall be given for
15 professional engineering experience as defined by rule
16 for employment prior to receipt of a baccalaureate degree
17 if the employment is full-time while the applicant is
18 takes 8 or more years (16 semesters or 24 quarters
19 minimum) as a part-time student taking fewer than 12
20 hours per semester or 8 hours per quarter to earn the
21 degree concurrent with the full-time engineering
22 experience employment.
23 (3) If an applicant files an application and
24 supporting documents containing a material misstatement
25 of information or a misrepresentation for the purpose of
26 obtaining licensure or enrollment or if an applicant
27 performs any fraud or deceit in taking any examination to
28 qualify for licensure or enrollment under this Act, the
29 Department may issue a rule of intent to deny licensure
30 or enrollment and may conduct a hearing in accordance
31 with Sections 26 through 33 and Sections 37 and 38 of
32 this Act.
33 The Board may conduct oral interviews of any applicant
34 under Sections 10, 11, or 19 to assist in the evaluation of
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1 the qualifications of the applicant.
2 It is the responsibility of the applicant to supplement
3 the application, when requested by the Board, by provision of
4 additional documentation of education, including transcripts,
5 course content and credentials of the engineering college or
6 college granting related science degrees, or of work
7 experience to permit the Board to determine the
8 qualifications of the applicant. The Department may require
9 an applicant, at the applicant's expense, to have an
10 evaluation of the applicant's education in a foreign country
11 by a nationally recognized educational body approved by the
12 Board in accordance with rules prescribed by the Department.
13 An applicant who graduated from an engineering program
14 outside the United States or its territories and whose first
15 language is not English shall submit certification of passage
16 of the Test of English as a Foreign Language (TOEFL) and the
17 Test of Spoken English (TSE) as defined by rule.
18 (Source: P.A. 91-92, eff. 1-1-00.)
19 (225 ILCS 325/9) (from Ch. 111, par. 5209)
20 Sec. 9. Licensure qualifications; Examinations; Failure
21 or refusal to take examinations. Examinations provided for
22 by this Act shall be conducted under rules prescribed by the
23 Department. Examinations shall be held not less frequently
24 than semi-annually, at times and places prescribed by the
25 Department, of which applicants shall be notified by the
26 Department in writing.
27 Beginning on or before January 1, 2005, a principles of
28 practice examination in Software Engineering shall be offered
29 to applicants.
30 Examinations of the applicants who seek to practice
31 professional engineering shall ascertain: (a) if the
32 applicant has an adequate understanding of the basic and
33 engineering sciences, which shall embrace subjects required
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1 of candidates for an approved baccalaureate degree in
2 engineering, and (b) if the training and experience of the
3 applicant have provided a background for the application of
4 the basic and engineering sciences to the solution of
5 engineering problems. The Department may by rule prescribe
6 additional subjects for examination. If an applicant
7 neglects, fails without an approved excuse, or refuses to
8 take the next available examination offered for licensure
9 under this Act within 3 years after filing the application,
10 the fee paid by the applicant shall be forfeited and the
11 application denied. If an applicant fails to pass an
12 examination for licensure under this Act within 3 years after
13 filing the application, the application shall be denied.
14 However, such applicant may thereafter make a new application
15 for examination, accompanied by the required fee.
16 (Source: P.A. 88-595, eff. 8-26-94.)
17 (225 ILCS 325/12) (from Ch. 111, par. 5212)
18 Sec. 12. Educational credits or teaching as equivalent
19 of experience.
20 (a) After earning an acceptable baccalaureate degree as
21 required by subsection (a) or (b) of Section 10 in
22 engineering or related science and upon completion of a
23 Master's degree in engineering, the applicant may receive one
24 year of experience credit. Upon completion of a Ph.D. in
25 engineering, an applicant may receive an additional year
26 experience credit for a maximum of 2 years.
27 (b) Teaching engineering subjects in an engineering
28 college at a rank of instructor or above is considered
29 experience in engineering.
30 (c) (Blank).
31 (Source: P.A. 91-92, eff. 1-1-00.)
32 (225 ILCS 325/14) (from Ch. 111, par. 5214)
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1 Sec. 14. Seal. Every professional engineer shall have a
2 seal or stamp, the print of which shall be reproducible and
3 contain the name of the professional engineer, the
4 professional engineer's license number, and the words
5 "Licensed Professional Engineer of Illinois". Any
6 reproducible stamp heretofore authorized under the laws of
7 this state for use by a professional engineer, including
8 those with the words "Registered Professional Engineer of
9 Illinois", shall serve the same purpose as the seal provided
10 for by this Act. When technical submissions are prepared
11 utilizing a computer or other electronic means, the seal may
12 be generated by the computer. Signatures generated by
13 computer shall not be permitted.
14 The professional engineer who has contract responsibility
15 shall seal a cover sheet of the technical submissions, and
16 those individual portions of the technical submissions for
17 which the professional engineer is legally and professionally
18 responsible. The professional engineer practicing as the
19 support design professional shall seal those individual
20 portions of technical submissions for which the professional
21 engineer is legally and professionally responsible.
22 The use of a professional engineer's seal on technical
23 submissions constitutes a representation by the professional
24 engineer that the work has been prepared by or under the
25 personal supervision of the professional engineer or
26 developed in conjunction with the use of accepted engineering
27 standards. The use of the seal further represents that the
28 work has been prepared and administered in accordance with
29 the standards of reasonable professional skill and diligence.
30 It is unlawful to affix one's seal to technical
31 submissions if it masks the true identity of the person who
32 actually exercised direction, control and supervision of the
33 preparation of such work. A professional engineer who seals
34 and signs technical submissions is not responsible for damage
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1 caused by subsequent changes to or uses of those technical
2 submissions, where the subsequent changes or uses, including
3 changes or uses made by State or local governmental agencies,
4 are not authorized or approved by the professional engineer
5 who originally sealed and signed the technical submissions.
6 (Source: P.A. 91-92, eff. 1-1-00.)
7 (225 ILCS 325/15) (from Ch. 111, par. 5215)
8 Sec. 15. Technical submissions. All technical
9 submissions prepared by or under the personal supervision of
10 a professional engineer shall bear that professional
11 engineer's seal, signature, and license expiration date. The
12 licensee's written signature and date of signing, along with
13 the date of license expiration, shall be placed adjacent to
14 the seal. Computer generated signatures are not permitted.
15 The professional engineer who has contract responsibility
16 shall seal a cover sheet of the technical submissions, and
17 those individual portions of the technical submissions for
18 which the professional engineer is legally and professionally
19 responsible. The professional engineer practicing as the
20 support design professional shall seal those individual
21 portions of technical submissions for which the professional
22 engineer is legally and professionally responsible.
23 All technical submissions intended for use in
24 construction in the State of Illinois shall be prepared and
25 administered in accordance with standards of reasonable
26 professional skill and diligence. Care shall be taken to
27 reflect the requirements of State statutes and, where
28 applicable, county and municipal ordinances in such
29 documents. In recognition that professional engineers are
30 licensed for the protection of the public health, safety and
31 welfare, documents shall be of such quality and scope, and be
32 so administered as to conform to professional standards.
33 (Source: P.A. 91-92, eff. 1-1-00.)
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1 (225 ILCS 325/24) (from Ch. 111, par. 5224)
2 Sec. 24. Rules of professional conduct; disciplinary or
3 administrative action.
4 (a) The Department shall adopt rules setting standards
5 of professional conduct and establish appropriate penalty for
6 the breach of such rules.
7 (a-1) The Department may, singularly or in combination,
8 refuse to issue, restore, or renew a license or registration,
9 revoke or suspend a license or registration, or place on
10 probation, reprimand, or impose a civil penalty not to exceed
11 $10,000 upon any person, corporation, partnership, or
12 professional design firm licensed or registered under this
13 Act for any one or combination of the following:
14 (1) Material misstatement in furnishing information
15 to the Department.
16 (2) Failure to comply with any provisions of this
17 Act or any of its rules.
18 (3) Conviction of any crime under the laws of the
19 United States, or any state or territory thereof, which
20 is a felony, whether related to practice or not, or
21 conviction of any crime, whether a felony, misdemeanor,
22 or otherwise, an essential element of which is dishonesty
23 or which is directly related to the practice of
24 engineering.
25 (4) Making any misrepresentation for the purpose of
26 obtaining licensure, or in applying for restoration or
27 renewal; or practice of any fraud or deceit in taking any
28 examination to qualify for licensure under this Act.
29 (5) Purposefully making false statements or signing
30 false statements, certificates, or affidavits to induce
31 payment.
32 (6) Negligence, incompetence or misconduct in the
33 practice of professional engineering as a licensed
34 professional engineer or in working as an engineer
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1 intern.
2 (7) Aiding or assisting another person in violating
3 any provision of this Act or its rules.
4 (8) Failing to provide information in response to a
5 written request made by the Department within 30 days
6 after receipt of such written request.
7 (9) Engaging in dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud or harm the public.
10 (10) Habitual intoxication or addiction to the use
11 of drugs.
12 (11) Discipline by the United States Government,
13 another state, District of Columbia, territory, foreign
14 nation or government agency, if at least one of the
15 grounds for the discipline is the same or substantially
16 equivalent to those set forth in this Act.
17 (12) Directly or indirectly giving to or receiving
18 from any person, firm, corporation, partnership or
19 association any fee, commission, rebate or other form of
20 compensation for any professional services not actually
21 or personally rendered.
22 (13) A finding by the Board that an applicant or
23 registrant has failed to pay a fine imposed by the
24 Department, a registrant whose license has been placed on
25 probationary status has violated the terms of probation,
26 or a registrant has practiced on an expired, inactive,
27 suspended, or revoked license.
28 (14) Signing, affixing the professional engineer's
29 seal or permitting the professional engineer's seal to be
30 affixed to any technical submissions not prepared as
31 required by Section 14 or completely reviewed by the
32 professional engineer or under the professional
33 engineer's direct supervision.
34 (15) Physical illness, including but not limited to
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1 deterioration through the aging process or loss of motor
2 skill, which results in the inability to practice the
3 profession with reasonable judgment, skill or safety.
4 (16) The making of a statement pursuant to the
5 Environmental Barriers Act that a plan for construction
6 or alteration of a public facility or for construction of
7 a multi-story housing unit is in compliance with the
8 Environmental Barriers Act when such plan is not in
9 compliance.
10 (17) Failing to file a return, or to pay the tax,
11 penalty or interest shown in a filed return, or to pay
12 any final assessment of tax, penalty or interest as
13 required by a tax Act administered by the Illinois
14 Department of Revenue, until such time as the
15 requirements of any such tax Act are satisfied.
16 (a-5) In enforcing this Section, the Board upon a
17 showing of a possible violation may compel a person licensed
18 to practice under this Act, or who has applied for licensure
19 or certification pursuant to this Act, to submit to a mental
20 or physical examination, or both, as required by and at the
21 expense of the Department. The examining physicians shall be
22 those specifically designated by the Board. The Board or the
23 Department may order the examining physician to present
24 testimony concerning this mental or physical examination of
25 the licensee or applicant. No information shall be excluded
26 by reason of any common law or statutory privilege relating
27 to communications between the licensee or applicant and the
28 examining physician. The person to be examined may have, at
29 his or her own expense, another physician of his or her
30 choice present during all aspects of the examination.
31 Failure of any person to submit to a mental or physical
32 examination, when directed, shall be grounds for suspension
33 of a license until the person submits to the examination if
34 the Board finds, after notice and hearing, that the refusal
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1 to submit to the examination was without reasonable cause.
2 If the Board finds a person unable to practice because of
3 the reasons set forth in this Section, the Board may require
4 that person to submit to care, counseling, or treatment by
5 physicians approved or designated by the Board as a
6 condition, term, or restriction for continued, reinstated, or
7 renewed licensure to practice; or, in lieu of care,
8 counseling, or treatment, the Board may recommend to the
9 Department to file a complaint to immediately suspend,
10 revoke, or otherwise discipline the license of the person.
11 Any person whose license was granted, continued, reinstated,
12 renewed, disciplined, or supervised subject to such terms,
13 conditions, or restrictions and who fails to comply with such
14 terms, conditions, or restrictions shall be referred to the
15 Director for a determination as to whether the person shall
16 have his or her license suspended immediately, pending a
17 hearing by the Board.
18 (b) The determination by a circuit court that a
19 registrant is subject to involuntary admission or judicial
20 admission as provided in the Mental Health and Developmental
21 Disabilities Code, as now or hereafter amended, operates as
22 an automatic suspension. Such suspension will end only upon
23 a finding by a court that the patient is no longer subject to
24 involuntary admission or judicial admission, the issuance of
25 an order so finding and discharging the patient, and the
26 recommendation of the Board to the Director that the
27 registrant be allowed to resume practice.
28 (Source: P.A. 91-92, eff. 1-1-00.)
29 (225 ILCS 325/39) (from Ch. 111, par. 5239)
30 Sec. 39. Violations.
31 (a) Using or attempting to use an expired license or
32 registration is a Class A misdemeanor.
33 (b) Each of the following acts is a Class A misdemeanor
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1 for the first offense and a Class 4 Felony for a second or
2 subsequent offense:
3 (1) A violation of any provision of this Act or its
4 rules, except as noted in subsection (a) or (c) of this
5 Section;
6 (2) The making of any wilfully false oath or
7 affirmation in any matter or proceeding where an oath or
8 affirmation is required by this Act;
9 (3) Using or attempting to use an inactive,
10 suspended, or revoked license or the license or seal of
11 another, or impersonating another licensee, or practicing
12 professional engineering while one's license is inactive,
13 suspended, or revoked;
14 (4) The practice, attempt to practice, or offer to
15 practice professional engineering without a license as a
16 licensed professional engineer, with each day of
17 practicing professional engineering, or attempting to
18 practice professional engineering, and each instance of
19 offering to practice professional engineering without a
20 license as a licensed professional engineer constituting
21 a separate offense;
22 (5) Advertising or displaying any sign or card or
23 other device which might indicate to the public that the
24 person or entity is entitled to practice as a
25 professional engineer, or using the initials "P.E.", or
26 using the title "engineer" or any of its derivations,
27 unless such person holds an active license as a
28 professional engineer in the State of Illinois, or such
29 professional service corporation, corporation,
30 partnership, sole proprietorship, professional design
31 firm, limited liability company, or other entity is in
32 compliance with Section 23 of this Act; or
33 (6) Obtaining or attempting to obtain a license by
34 fraud.
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1 (c) A violation of paragraphs (3), (6), (10), (11),
2 (15), or (17) of subsection (a-1) (a) of Section 24 is not
3 subject to the penalty provisions of this Section.
4 (Source: P.A. 88-428; 88-595, eff. 8-26-94; 89-61, eff.
5 6-30-95)".