Illinois General Assembly - Full Text of Public Act 098-0289
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Public Act 098-0289


 

Public Act 0289 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0289
 
SB1826 EnrolledLRB098 07550 MGM 37621 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Electronic Commerce Security Act is amended
by changing Section 5-120 as follows:
 
    (5 ILCS 175/5-120)
    Sec. 5-120. Electronic signatures.
    (a) Where a rule of law requires a signature, or provides
for certain consequences if a document is not signed, an
electronic signature satisfies that rule of law.
    (a-5) In the course of exercising any permitting,
licensing, or other regulatory function, a municipality may
accept, but shall not require, documents with an electronic
signature, including, but not limited to, the technical
submissions of a design professional with an electronic
signature.
    (b) An electronic signature may be proved in any manner,
including by showing that a procedure existed by which a party
must of necessity have executed a symbol or security procedure
for the purpose of verifying that an electronic record is that
of such party in order to proceed further with a transaction.
    (c) The provisions of this Section shall not apply:
        (1) when its application would involve a construction
    of a rule of law that is clearly inconsistent with the
    manifest intent of the lawmaking body or repugnant to the
    context of the same rule of law, provided that the mere
    requirement of a "signature" or that a record be "signed"
    shall not by itself be sufficient to establish such intent;
        (2) to any rule of law governing the creation or
    execution of a will or trust, living will, or healthcare
    power of attorney; and
        (3) to any record that serves as a unique and
    transferable instrument of rights and obligations
    including, without limitation, negotiable instruments and
    other instruments of title wherein possession of the
    instrument is deemed to confer title, unless an electronic
    version of such record is created, stored, and transferred
    in a manner that allows for the existence of only one
    unique, identifiable, and unalterable original with the
    functional attributes of an equivalent physical
    instrument, that can be possessed by only one person, and
    which cannot be copied except in a form that is readily
    identifiable as a copy.
(Source: P.A. 90-759, eff. 7-1-99.)
 
    Section 10. The Illinois Architecture Practice Act of 1989
is amended by changing Section 14 as follows:
 
    (225 ILCS 305/14)  (from Ch. 111, par. 1314)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 14. Display of license; Seal. Every holder of a
license as a licensed architect shall display it in a
conspicuous place in the principal office of the architect.
    Every licensed architect shall have a reproducible seal, or
facsimile, the print of which shall contain the name of the
architect, the license number, and the words "Licensed
Architect, State of Illinois". The licensed architect shall
affix the signature, current date, date of license expiration
and seal to the first sheet of any bound set or loose sheets of
technical submissions utilized as contract documents between
the parties to the contract or prepared for the review and
approval of any governmental or public authority having
jurisdiction by that licensed architect or under that licensed
architect's responsible control. The sheet of technical
submissions in which the seal is affixed shall indicate those
documents or parts thereof for which the seal shall apply. The
seal and dates may be electronically affixed. The licensee may
provide, at his or her sole discretion, an original signature
in the licensee's handwriting, a scanned copy of the document
bearing an original signature, or a signature generated by a
computer. The signature must be in the original handwriting of
the licensee. Signatures generated by computer shall not be
permitted. All technical submissions issued by any
corporation, partnership, professional service corporation, or
professional design firm as registered under this Act shall
contain the corporate or assumed business name and design firm
registration number, in addition to any other seal requirements
as set forth in this Section.
    "Responsible control" means that amount of control over and
detailed professional knowledge of the content of technical
submissions during their preparation as is ordinarily
exercised by architects applying the required professional
standard of care. Merely reviewing or reviewing and correcting
the technical submissions or any portion thereof prepared by
those not in the regular employment of the office where the
architect is resident without control over the content of such
work throughout its preparation does not constitute
responsible control.
    An architect licensed under the laws of this jurisdiction
shall not sign and seal technical submissions that were not
prepared by or under the responsible control of the architect
except that:
        (1) the architect may sign and seal those portions of
    the technical submissions that were prepared by or under
    the responsible control of persons who hold a license under
    this Act, and who shall have signed and sealed the
    documents, if the architect has reviewed in whole or in
    part such portions and has either coordinated their
    preparation or integrated them into his or her work;
        (2) the architect may sign and seal portions of the
    professional work that are not required by this Act to be
    prepared by or under the responsible control of an
    architect if the architect has reviewed and adopted in
    whole or in part such portions and has integrated them into
    his or her work; and
        (3) a partner or corporate officer of a professional
    design firm registered in Illinois who is licensed under
    the architecture licensing laws of this State, and who has
    professional knowledge of the content of the technical
    submissions and intends to be responsible for the adequacy
    of the technical submissions, may sign and seal technical
    submissions that are prepared by or under the responsible
    control of architects who are licensed in this State and
    who are in the regular employment of the professional
    design firm.
    The architect exercising responsible control under which
the documents or portions of the documents were prepared shall
be identified on the documents or portions of the documents by
name and Illinois license number.
    Any licensed architect who signs and seals technical
submissions not prepared by that architect but prepared under
the architect's responsible control by persons not regularly
employed in the office where the architect is resident shall
maintain and make available to the board upon request for at
least 5 years following such signing and sealing, adequate and
complete records demonstrating the nature and extent of the
architect's control over and detailed professional knowledge
of such technical submissions throughout their preparation.
(Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02.)
 
    Section 15. The Professional Engineering Practice Act of
1989 is amended by changing Section 14 as follows:
 
    (225 ILCS 325/14)  (from Ch. 111, par. 5214)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 14. Seal. Every professional engineer shall have a
seal or stamp, the print of which shall be reproducible and
contain the name of the professional engineer, the professional
engineer's license number, and the words "Licensed
Professional Engineer of Illinois". Any reproducible stamp
heretofore authorized under the laws of this state for use by a
professional engineer, including those with the words
"Registered Professional Engineer of Illinois", shall serve
the same purpose as the seal provided for by this Act. The
engineer shall be responsible for his seal and signature as
defined by rule. When technical submissions are prepared
utilizing a computer or other electronic means, the seal may be
generated by the computer. The licensee may provide, at his or
her sole discretion, an original signature in the licensee's
handwriting, a scanned copy of the technical submission bearing
an original signature, or a signature generated by a computer.
Signatures generated by computer shall not be permitted.
    The use of a professional engineer's seal on technical
submissions constitutes a representation by the professional
engineer that the work has been prepared by or under the
personal supervision of the professional engineer or developed
in conjunction with the use of accepted engineering standards.
The use of the seal further represents that the work has been
prepared and administered in accordance with the standards of
reasonable professional skill and diligence.
    It is unlawful to affix one's seal to technical submissions
if it masks the true identity of the person who actually
exercised direction, control and supervision of the
preparation of such work. A professional engineer who seals and
signs technical submissions is not responsible for damage
caused by subsequent changes to or uses of those technical
submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies,
are not authorized or approved by the professional engineer who
originally sealed and signed the technical submissions.
(Source: P.A. 96-626, eff. 8-24-09.)
 
    Section 20. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 15 as follows:
 
    (225 ILCS 330/15)  (from Ch. 111, par. 3265)
    (Section scheduled to be repealed on January 1, 2020)
    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. The
licensee's written signature and date of signing along with the
date of license expiration shall be placed adjacent to the
seal. The licensee may provide, at his or her sole discretion,
an original signature in the licensee's handwriting, a scanned
copy of the document bearing an original signature, or a
signature generated by a computer.
    It is unlawful to affix one's seal to documents if it masks
the true identity of the person who actually exercised
direction, control, and supervision of the preparation of that
work. A Professional Land Surveyor who seals and signs
documents is not responsible for damage caused by subsequent
changes to or uses of those documents where the subsequent
changes or uses, including changes or uses made by State or
local governmental agencies, are not authorized or approved by
the Professional Land Surveyor who originally sealed and signed
the documents.
(Source: P.A. 93-467, eff. 1-1-04.)

Effective Date: 1/1/2014