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91_SB0126enr
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1 AN ACT concerning structural engineers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.10 and adding Section 4.20 as follows:
6 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
7 Sec. 4.10. The following Acts are repealed December 31,
8 1999:
9 The Fire Equipment Distributor and Employee Regulation
10 Act.
11 The Professional Engineering Practice Act of 1989.
12 The Structural Engineering Licensing Act of 1989.
13 The Illinois Architecture Practice Act of 1989.
14 The Illinois Landscape Architecture Act of 1989.
15 The Illinois Professional Land Surveyor Act of 1989.
16 The Land Sales Registration Act of 1989.
17 The Real Estate License Act of 1983.
18 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
19 86-1007; 86-1028.)
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed on January 1, 2010. The
22 following Act is repealed on January 1, 2010:
23 The Structural Engineering Practice Act of 1989.
24 Section 10. The Architectural, Engineering, and Land
25 Surveying Qualifications Based Selection Act is amended by
26 changing Sections 15 and 65 as follows:
27 (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
28 Sec. 15. Definitions. As used in this Act:
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1 "Architectural services" means any professional service
2 as defined in Section 5 of the Illinois Architecture Practice
3 Act of 1989.
4 "Engineering services" means any professional service as
5 defined in Section 4 of the Professional Engineering Practice
6 Act of 1989 or Section 5 of the Structural Engineering
7 Practice Licensing Act of 1989.
8 "Firm" means any individual, sole proprietorship, firm,
9 partnership, corporation, association, or other legal entity
10 permitted by law to practice the profession of architecture,
11 engineering, or land surveying and provide those services.
12 "Land surveying services" means any professional service
13 as defined in Section 5 of the Illinois Professional Land
14 Surveyor Act of 1989.
15 "Project" means any capital improvement project or any
16 design, study, plan, survey, or new or existing program
17 activity of a State agency, including development of new or
18 existing programs that require architectural, engineering, or
19 land surveying services.
20 "State agency" means any department, commission, council,
21 board, bureau, committee, institution, agency, university,
22 government corporation, authority, or other establishment or
23 official of this State.
24 (Source: P.A. 87-673.)
25 (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
26 Sec. 65. Scope. No person, corporation, or partnership
27 licensed or registered under the Illinois Architecture
28 Practice Act of 1989, the Professional Engineering Practice
29 Act of 1989, the Structural Engineering Practice Licensing
30 Act of 1989, or the Illinois Professional Land Surveyor Act
31 of 1989 shall engage in any act or conduct, or be a party to
32 any contract, or agreement, in violation of the provisions of
33 this Act.
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1 (Source: P.A. 87-673.)
2 Section 15. The Local Government Professional Services
3 Selection Act is amended by changing Section 3 as follows:
4 (50 ILCS 510/3) (from Ch. 85, par. 6403)
5 Sec. 3. Definitions. As used in this Act unless the
6 context specifically requires otherwise:
7 (1) "Firm" means any individual, firm, partnership,
8 corporation, association or other legal entity permitted by
9 law to practice the profession of architecture, engineering
10 or land surveying and provide architectural, engineering or
11 land surveying services.
12 (2) "Architectural services" means any professional
13 service as defined in Section 5 of the Illinois Architecture
14 Practice Act of 1989.
15 (3) "Engineering services" means any professional
16 service as defined in Section 4 of the Professional
17 Engineering Practice Act of 1989 or Section 5 of the
18 Structural Engineering Practice Licensing Act of 1989.
19 (4) "Land surveying services" means any professional
20 service as defined in Section 5 of the Illinois Professional
21 Land Surveyor Act of 1989.
22 (5) "Political subdivision" means any school district
23 and any unit of local government of fewer than 3,000,000
24 inhabitants, except home rule units.
25 (6) "Project" means any capital improvement project or
26 any study, plan, survey or new or existing program activity
27 of a political subdivision, including development of new or
28 existing programs which require architectural, engineering or
29 land surveying services.
30 (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
31 Section 20. The Civil Administrative Code of Illinois is
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1 amended by changing Section 62.1 as follows:
2 (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
3 Sec. 62.1. Design Professionals Dedicated Employees.
4 There is established within the Department of Professional
5 Regulation certain design professionals dedicated employees.
6 These employees shall be devoted exclusively to the
7 administration and enforcement of the Illinois Architecture
8 Practice Act, the Illinois Professional Land Surveyor Act of
9 1989, the Professional Engineering Practice Act of 1989, and
10 the Structural Engineering Practice Licensing Act of 1989.
11 The design professionals dedicated employees that the
12 Director shall employ, in conformity with the Personnel Code,
13 at a minimum shall consist of one full-time design licensing
14 Coordinator, one full-time Assistant Coordinator, 4 full-time
15 licensing clerks, one full-time attorney, and 2 full-time
16 investigators. These employees shall work exclusively in the
17 licensing and enforcement of the design profession Acts set
18 forth in this Section and shall not be used for the licensing
19 and enforcement of any other Act or other duties in the
20 Department of Professional Regulation.
21 (Source: P.A. 87-781.)
22 Section 25. The Illinois Architecture Practice Act of
23 1989 is amended by changing Sections 3, 21, and 38 as
24 follows:
25 (225 ILCS 305/3) (from Ch. 111, par. 1303)
26 Sec. 3. Application of Act. Nothing in this Act shall
27 be deemed or construed to prevent the practice of structural
28 engineering as defined in the Structural Engineering Practice
29 Licensing Act of 1989, the practice of professional
30 engineering as defined in the Professional Engineering
31 Practice Act of 1989, or the preparation of documents used to
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1 prescribe work to be done inside buildings for
2 non-loadbearing interior construction, furnishings, fixtures
3 and equipment, or the offering or preparation of
4 environmental analysis, feasibility studies, programming or
5 construction management services by persons other than those
6 licensed in accordance with this Act, the Structural
7 Engineering Practice Licensing Act of 1989 or the
8 Professional Engineering Practice Act of 1989.
9 Nothing contained in this Act shall prevent the
10 draftsmen, students, project representatives and other
11 employees of those lawfully practicing as licensed architects
12 under the provisions of this Act, from acting under the
13 direct supervision and control of their employers, or to
14 prevent the employment of project representatives for
15 enlargement or alteration of buildings or any parts thereof,
16 or prevent such project representatives from acting under the
17 direct supervision and control of the licensed architect by
18 whom the construction documents including drawings and
19 specifications of any such building, enlargement or
20 alteration were prepared.
21 Nothing in this Act or any other Act shall prevent a
22 registered architect from practicing interior design
23 services. Nothing in this Act shall be construed as
24 requiring the services of an interior designer for the
25 interior designing of a single family residence.
26 This Act does not apply to any of the following:
27 (A) The building, remodeling or repairing of any
28 building or other structure outside of the corporate
29 limits of any city or village, where such building or
30 structure is to be, or is used for residential or farm
31 purposes, or for the purposes of outbuildings or
32 auxiliary buildings in connection with such residential
33 or farm premises.
34 (B) The construction, remodeling or repairing of a
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1 detached single family residence on a single lot.
2 (C) The construction, remodeling or repairing of a
3 two-family residence of wood frame construction on a
4 single lot, not more than two stories and basement in
5 height.
6 (D) Interior design services for buildings which do
7 not involve life safety or structural changes.
8 However, all buildings not included in the preceding
9 paragraphs (A) through (D), including multi-family buildings
10 and buildings previously exempt under those paragraphs but
11 subsequently non-exempt due to a change in occupancy or use,
12 are subject to the requirements of this Act. Interior
13 alterations which result in life safety or structural changes
14 of the building are subject to the requirements of this Act.
15 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
16 (225 ILCS 305/21) (from Ch. 111, par. 1321)
17 Sec. 21. Professional design firm registration;
18 conditions.
19 (a) Nothing in this Act shall prohibit the formation,
20 under the provisions of the Professional Service Corporation
21 Act, of a corporation to practice architecture.
22 Any business not formed under the provisions of the
23 Professional Service Corporation Act and not registered as
24 such with the Department, and which includes the practice of
25 architecture within its stated purposes, practices, or holds
26 itself out as available to practice architecture, shall
27 register with the Department under this Section. Any
28 professional service corporation, sole proprietorship, or
29 professional design firm offering architectural services must
30 have a resident architect overseeing the architectural
31 practices in each location in which architectural services
32 are provided.
33 Any sole proprietorship not owned and operated by an
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1 Illinois licensed design professional licensed under this Act
2 shall be prohibited from offering architectural services to
3 the public. "Illinois licensed design professional" means a
4 person who holds an active license as an architect under this
5 Act, as a structural engineer under the Structural
6 Engineering Practice Licensing Act of 1989, or as a
7 professional engineer under the Professional Engineering
8 Practice Act of 1989. Any sole proprietorship owned and
9 operated by an architect with an active license issued under
10 this Act and conducting or transacting such business under an
11 assumed name in accordance with the provisions of the Assumed
12 Business Name Act shall comply with the registration
13 requirements of a professional design firm. Any sole
14 proprietorship owned and operated by an architect with an
15 active license issued under this Act and conducting or
16 transacting such business under the real name of the sole
17 proprietor is exempt from the registration requirements of a
18 professional design firm.
19 (b) Any corporation, partnership, or professional design
20 firm seeking to be registered under this Section shall not be
21 registered unless:
22 (1) two-thirds of the board of directors, in the
23 case of a corporation, or two-thirds of the general
24 partners, in the case of a partnership, or two-thirds of
25 the members, in the case of a limited liability company,
26 are licensed under the laws of any State to practice
27 architecture, professional engineering, or structural
28 engineering; and
29 (2) the person having the architectural practice in
30 this State in his charge is (A) a director in the case of
31 a corporation, a general partner in the case of a
32 partnership, or a member in the case of a limited
33 liability company, and (B) holds a license under this
34 Act.
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1 Any corporation, limited liability company, professional
2 service corporation, or partnership qualifying under this
3 Section and practicing in this State shall file with the
4 Department any information concerning its officers,
5 directors, members, managers, partners or beneficial owners
6 as the Department may, by rule, require.
7 (c) No business shall practice or hold itself out as
8 available to practice architecture until it is registered
9 with the Department.
10 (d) Any business seeking to be registered under this
11 Section shall make application on a form provided by the
12 Department and shall provide any information requested by the
13 Department, which shall include but shall not be limited to
14 all of the following:
15 (1) The name and architect's license number of at
16 least one person designated as the managing agent in
17 responsible charge of the practice of architecture in
18 Illinois. In the case of a corporation, the corporation
19 shall also submit a certified copy of the resolution by
20 the board of directors designating at least one managing
21 agent. If a limited liability company, the company shall
22 submit a certified copy of either its articles of
23 organization or operating agreement designating the
24 managing agent.
25 (2) The names and architect's, professional
26 engineer's, or structural engineer's, license numbers of
27 the directors, in the case of a corporation, the members,
28 in the case of a limited liability company, or general
29 partners, in the case of a partnership.
30 (3) A list of all locations at which the
31 professional design firm provides architectural services.
32 (4) A list of all assumed names of the business.
33 Nothing in this Section shall be construed to exempt a
34 business from compliance with the requirements of the
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1 Assumed Business Name Act.
2 It is the responsibility of the professional design firm
3 to provide the Department notice, in writing, of any changes
4 in the information requested on the application.
5 (e) In the event a managing agent is terminated or
6 terminates his or her status as managing agent of the
7 professional design firm, the managing agent and professional
8 design firm shall notify the Department of this fact in
9 writing, by certified mail, within 10 business days of
10 termination.
11 Thereafter, the professional design firm, if it has so
12 informed the Department, has 30 days in which to notify the
13 Department of the name and architect's license number of the
14 architect who is the newly designated managing agent. If a
15 corporation, the corporation shall also submit a certified
16 copy of a resolution by the board of directors designating
17 the new managing agent. If a limited liability company, the
18 company shall also submit a certified copy of either its
19 articles of organization or operating agreement designating
20 the new managing agent. The Department may, upon good cause
21 shown, extend the original 30 day period.
22 If the professional design firm has not notified the
23 Department in writing, by certified mail within the specified
24 time, the registration shall be terminated without prior
25 hearing. Notification of termination shall be sent by
26 certified mail to the last known address of the business. If
27 the professional design firm continues to operate and offer
28 architectural services after the termination, the Department
29 may seek prosecution under Sections 22, 36, and 36a of this
30 Act for the unlicensed practice of architecture.
31 (f) No professional design firm shall be relieved of
32 responsibility for the conduct or acts of its agents,
33 employees, or officers by reason of its compliance with this
34 Section, nor shall any individual practicing architecture be
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1 relieved of the responsibility for professional services
2 performed by reason of the individual's employment or
3 relationship with a professional design firm registered under
4 this Section.
5 (g) Disciplinary action against a professional design
6 firm registered under this Section shall be administered in
7 the same manner and on the same grounds as disciplinary
8 action against a licensed architect. All disciplinary action
9 taken or pending against a corporation or partnership before
10 the effective date of this amendatory Act of 1993 shall be
11 continued or remain in effect without the Department filing
12 separate actions.
13 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
14 (225 ILCS 305/38) (from Ch. 111, par. 1338)
15 Sec. 38. Fund; appropriations; investments; audits.
16 Moneys deposited in the Design Professionals Administration
17 and Investigation Fund shall be appropriated to the
18 Department exclusively for expenses of the Department and the
19 Board in the administration of this Act, the Illinois
20 Professional Land Surveyor Act of 1989, the Professional
21 Engineering Practice Act of 1989, and the Structural
22 Engineering Practice Licensing Act of 1989. The expenses of
23 the Department under this Act shall be limited to the
24 ordinary and contingent expenses of the Design Professionals
25 Dedicated Employees within the Department as established
26 under Section 62.1 of the Civil Administrative Code of
27 Illinois and other expenses related to the administration and
28 enforcement of this Act.
29 Moneys from the Fund may also be used for direct and
30 allocable indirect costs related to the public purposes of
31 the Department of Professional Regulation. Moneys in the
32 Fund may be transferred to the Professions Indirect Cost Fund
33 as authorized by Section 61e of the Civil Administrative Code
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1 of Illinois.
2 All fines and penalties under Sections 22 and 36 shall be
3 deposited in the Design Professional Administration and
4 Investigation Fund.
5 Moneys in the Design Professional Administration and
6 Investigation Fund may be invested and reinvested, with all
7 earnings received from the investments to be deposited in the
8 Design Professionals Administration and Investigation Fund
9 and used for the same purposes as fees deposited in the Fund.
10 Upon the completion of any audit of the Department as
11 prescribed by the Illinois State Auditing Act that includes
12 an audit of the Design Professionals Administration and
13 Investigation Fund, the Department shall make the audit open
14 to inspection by any interested person. The copy of the
15 audit report required to be submitted to the Department by
16 this Section is an addition to copies of audit reports
17 required to be submitted to other State officers and agencies
18 by Section 3-14 of the Illinois State Auditing Act.
19 (Source: P.A. 89-204, eff. 1-1-96.)
20 Section 30. The Interior Design Professional Title Act
21 is amended by changing Section 4 as follows:
22 (225 ILCS 310/4) (from Ch. 111, par. 8204)
23 Sec. 4. (a) No individual shall, without a valid
24 registration as an interior designer issued by the
25 Department, in any manner hold himself out to the public as
26 an interior designer or attach the title "interior designer"
27 or any other name or designation which would in any way imply
28 that he is able to use the title "interior designer" as
29 defined in this Act. No individual shall, without a valid
30 registration as a residential interior designer issued by the
31 Department, in any manner hold himself out to the public as a
32 residential interior designer, or use the title "residential
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1 interior designer" or any name or designation that would in
2 any way imply that he is able to use the title "residential
3 interior designer" as defined in this Act.
4 (a-5) Nothing in this Act shall be construed as
5 preventing or restricting the services offered or advertised
6 by an interior designer who is registered under this Act.
7 (b) Nothing in this Act shall prevent the employment, by
8 an interior designer or residential interior designer,
9 association, partnership, or a corporation furnishing
10 interior design or residential interior design services for
11 remuneration, of persons not registered as interior designers
12 or residential interior designers to perform services in
13 various capacities as needed, provided that the persons do
14 not represent themselves as, or use the title of, "interior
15 designer", "registered interior designer", "residential
16 interior designer" or "registered residential interior
17 designer".
18 (c) Nothing in this Act shall be construed to limit the
19 activities and use of the title "interior designer" or
20 "residential interior designer" on the part of a person not
21 registered under this Act who is a graduate of an interior
22 design program and a full-time employee of a duly chartered
23 institution of higher education insofar as such person
24 engages in public speaking, with or without remuneration,
25 provided that such person does not represent himself to be an
26 interior designer or use the title "registered interior
27 designer" or "registered residential interior designer".
28 (d) Nothing contained in this Act shall restrict any
29 person not registered under this Act from carrying out any of
30 the activities under paragraph (f) of Section 3 (3) if such
31 person does not represent himself or his services in any
32 manner prohibited by this Act.
33 (e) Nothing in this Act shall be construed as preventing
34 or restricting the practice, services, or activities of any
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1 person licensed in this State under any other law from
2 engaging in the profession or occupation for which he is
3 licensed.
4 (f) Nothing in this Act shall be construed as preventing
5 or restricting the practice, services, or activities of
6 engineers licensed under the Professional Engineering
7 Practice Act of 1989 or the Structural Engineering Practice
8 Licensing Act of 1989; architects licensed pursuant to the
9 Illinois Architectural Practice Act of 1989; any interior
10 decorator or individual offering interior decorating services
11 including, but not limited to, the selection of surface
12 materials, window treatments, wall coverings, furniture,
13 accessories, paint, floor coverings, and lighting fixtures;
14 or builders, home furnishings salespersons, and similar
15 purveyors of goods and services relating to homemaking.
16 (g) Nothing in this Act or any other Act shall prevent a
17 licensed architect from practicing interior design services
18 or from using the title "interior designer" or "residential
19 interior designer". Nothing in this Act shall be construed
20 as requiring the services of an interior designer or
21 residential interior designer for the interior designing of a
22 single family residence.
23 (h) Nothing in this Act shall authorize interior
24 designers or residential interior designers to perform
25 services, including life safety services that they are
26 prohibited from performing, or any practice (i) that is
27 restricted in the Illinois Architecture Practice Act of 1989,
28 the Professional Engineering Practice Act of 1989, or the
29 Structural Engineering Practice Licensing Act of 1989, or
30 (ii) that they are not authorized to perform under the
31 Environmental Barriers Act.
32 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
33 Section 35. The Illinois Plumbing License Law is amended
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1 by changing Section 3 as follows:
2 (225 ILCS 320/3) (from Ch. 111, par. 1103)
3 Sec. 3. (1) All planning and designing of plumbing
4 systems and all plumbing shall be performed only by plumbers
5 licensed under the provisions of this Act hereinafter called
6 "licensed plumbers" and "licensed apprentice plumbers". The
7 inspection of plumbing and plumbing systems shall be done
8 only by the sponsor or his or her agent who shall be an
9 Illinois licensed plumber. Nothing herein contained shall
10 prohibit licensed plumbers or licensed apprentice plumbers
11 under supervision from planning, designing, inspecting,
12 installing, repairing, maintaining, altering or extending
13 building sewers in accordance with this Act. No person who
14 holds a license or certificate of registration under the
15 Illinois Architecture Practice Act of 1989, or the Structural
16 Engineering Practice Licensing Act of 1989, or the
17 Professional Engineering Practice Act of 1989 shall be
18 prevented from planning and designing plumbing systems.
19 (2) Nothing herein contained shall prohibit the owner
20 occupant or lessee occupant of a single family residence, or
21 the owner of a single family residence under construction for
22 his or her occupancy, from planning, installing, altering or
23 repairing the plumbing system of such residence, provided
24 that (i) such plumbing shall comply with the minimum
25 standards for plumbing contained in the Illinois State
26 Plumbing Code, and shall be subject to inspection by the
27 Department or the local governmental unit if it retains a
28 licensed plumber as an inspector; and (ii) such owner, owner
29 occupant or lessee occupant shall not employ other than a
30 plumber licensed pursuant to this Act to assist him or her.
31 For purposes of this subsection, a person shall be
32 considered an "occupant" if and only if he or she has taken
33 possession of and is living in the premises as his or her
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1 bona fide sole and exclusive residence, or, in the case of
2 an owner of a single family residence under construction for
3 his or her occupancy, he or she expects to take possession of
4 and live in the premises as his or her bona fide sole and
5 exclusive residence, and he or she has a current intention to
6 live in such premises as his or her bona fide sole and
7 exclusive residence for a period of not less than 6 months
8 after the completion of the plumbing work performed pursuant
9 to the authorization of this subsection, or, in the case of
10 an owner of a single family residence under construction for
11 his or her occupancy, for a period of not less than 6 months
12 after the completion of construction of the residence.
13 Failure to possess and live in the premises as a sole and
14 exclusive residence for a period of 6 months or more shall
15 create a rebuttable presumption of a lack of such intention.
16 (3) The employees of a firm, association, partnership or
17 corporation who engage in plumbing shall be licensed plumbers
18 or licensed apprentice plumbers. At least one member of every
19 firm, association or partnership engaged in plumbing work,
20 and at least one corporate officer of every corporation
21 engaged in plumbing work, as the case may be, shall be a
22 licensed plumber. A retired plumber cannot fulfill the
23 requirements of this subsection (3).
24 (4) (a) A licensed apprentice plumber shall plan, design
25 and install plumbing only under the supervision of the
26 sponsor or his or her agent who is also an Illinois
27 licensed plumber.
28 (b) An applicant for licensing as an apprentice
29 plumber shall be at least 16 years of age and apply on
30 the application form provided by the Department. Such
31 application shall verify that the applicant is sponsored
32 by an Illinois licensed plumber or an approved
33 apprenticeship program and shall contain the name and
34 license number of the licensed plumber or program
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1 sponsor.
2 (c) No licensed plumber shall sponsor more than 2
3 licensed apprentice plumbers at the same time. If 2
4 licensed apprentice plumbers are sponsored by a plumber
5 at the same time, one of the apprentices must have, at a
6 minimum, 2 years experience as a licensed apprentice. No
7 licensed plumber sponsor or his or her agent may
8 supervise 2 licensed apprentices with less than 2 years
9 experience at the same time. The sponsor or agent shall
10 supervise and be responsible for the plumbing performed
11 by a licensed apprentice.
12 (d) No agent shall supervise more than 2 licensed
13 apprentices at the same time.
14 (e) No licensed plumber may, in any capacity,
15 supervise more than 2 licensed apprentice plumbers at the
16 same time.
17 (f) No approved apprenticeship program may sponsor
18 more licensed apprentices than 2 times the number of
19 licensed plumbers available to supervise those licensed
20 apprentices.
21 (g) No approved apprenticeship program may sponsor
22 more licensed apprentices with less than 2 years
23 experience than it has licensed plumbers available to
24 supervise those licensed apprentices.
25 (h) No individual shall work as an apprentice
26 plumber unless he or she is properly licensed under this
27 Act. The Department shall issue an apprentice plumber's
28 license to each approved applicant.
29 (i) No licensed apprentice plumber shall serve more
30 than a 6 year licensed apprenticeship period. If, upon
31 completion of a 6 year licensed apprenticeship period,
32 such licensed apprentice plumber does not apply for the
33 examination for a plumber's license and successfully pass
34 the examination for a plumber's license, his or her
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1 apprentice plumber's license shall not be renewed.
2 Nothing contained in P.A. 83-878, entitled "An Act in
3 relation to professions", approved September 26, 1983, was
4 intended by the General Assembly nor should it be construed
5 to require the employees of a governmental unit or privately
6 owned municipal water supplier who operate, maintain or
7 repair a water or sewer plant facility which is owned or
8 operated by such governmental unit or privately owned
9 municipal water supplier to be licensed plumbers under this
10 Act. In addition, nothing contained in P.A. 83-878 was
11 intended by the General Assembly nor should it be construed
12 to permit persons other than licensed plumbers to perform the
13 installation, repair, maintenance or replacement of plumbing
14 fixtures, such as toilet facilities, floor drains, showers
15 and lavatories, and the piping attendant to those fixtures,
16 within such facility or in the construction of a new
17 facility.
18 Nothing contained in P.A. 83-878, entitled "An Act in
19 relation to professions", approved September 26, 1983, was
20 intended by the General Assembly nor should it be construed
21 to require the employees of a governmental unit or privately
22 owned municipal water supplier who install, repair or
23 maintain water service lines from water mains in the street,
24 alley or curb line to private property lines and who install,
25 repair or maintain water meters to be licensed plumbers under
26 this Act if such work was customarily performed prior to the
27 effective date of such Act by employees of such governmental
28 unit or privately owned municipal water supplier who were not
29 licensed plumbers. Any such work which was customarily
30 performed prior to the effective date of such Act by persons
31 who were licensed plumbers or subcontracted to persons who
32 were licensed plumbers must continue to be performed by
33 persons who are licensed plumbers or subcontracted to persons
34 who are licensed plumbers. When necessary under this Act,
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1 the Department shall make the determination whether or not
2 persons who are licensed plumbers customarily performed such
3 work.
4 (Source: P.A. 89-665, eff. 8-14-96.)
5 Section 40. The Professional Engineering Practice Act of
6 1989 is amended by changing Sections 3, 4, 23, 44, and 47 as
7 follows:
8 (225 ILCS 325/3) (from Ch. 111, par. 5203)
9 Sec. 3. Application of the Act; Exemptions.
10 (a) Nothing in this Act shall be construed to prevent
11 the practice of structural engineering as defined in the
12 Structural Engineering Practice Licensing Act of 1989 or the
13 practice of architecture as defined in the Illinois
14 Architecture Practice Act of 1989 or the regular and
15 customary practice of construction contracting and
16 construction management as performed by construction
17 contractors.
18 (b) Nothing in this Act shall prevent:
19 (1) Employees, including project representatives,
20 of professional engineers lawfully practicing as sole
21 owners, partnerships or corporations under this Act, from
22 acting under the direct supervision of their employers.
23 (2) The employment of owner's representatives by
24 the owner during the constructing, adding to, or altering
25 of a project, or any parts thereof, provided that such
26 owner's representative shall not have the authority to
27 deviate from the technical submissions without the prior
28 approval of the professional engineer for the project.
29 (3) The practice of officers and employees of the
30 Government of the United States while engaged within this
31 State in the practice of the profession of engineering
32 for the Government.
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1 (4) Services performed by employees of a business
2 organization engaged in utility, industrial or
3 manufacturing operations, or by employees of laboratory
4 research affiliates of such business organization which
5 are rendered in connection with the fabrication or
6 production, sale, and installation of products, systems,
7 or nonengineering services of the business organization
8 or its affiliates.
9 (5) Inspection, maintenance and service work done
10 by employees of the State of Illinois, any political
11 subdivision thereof or any municipality.
12 (6) The activities performed by those ordinarily
13 designated as chief engineer of plant operation, chief
14 operating engineer, locomotive, stationary, marine, power
15 plant or hoisting and portable engineers, electrical
16 maintenance or service engineers, personnel employed in
17 connection with construction, operation or maintenance of
18 street lighting, traffic control signals, police and fire
19 alarm systems, waterworks, steam, electric, and sewage
20 treatment and disposal plants, or the services ordinarily
21 performed by any worker regularly employed as a
22 locomotive, stationary, marine, power plant, or hoisting
23 and portable engineer or electrical maintenance or
24 service engineer for any corporation, contractor or
25 employer.
26 (7) The activities performed by a person ordinarily
27 designated as a supervising engineer or supervising
28 electrical maintenance or service engineer who supervises
29 the operation of, or who operates, machinery or
30 equipment, or who supervises construction or the
31 installation of equipment within a plant which is under
32 such person's immediate supervision.
33 (8) The services, for private use, of contractors
34 or owners in the construction of engineering works or the
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1 installation of equipment.
2 (c) No officer, board, commission, or other public
3 entity charged with the enforcement of codes and ordinances
4 involving a professional engineering project shall accept for
5 filing or approval any technical submissions that do not bear
6 the seal and signature of a professional engineer licensed
7 under this Act.
8 (d) Nothing contained in this Section imposes upon a
9 person licensed under this Act the responsibility for the
10 performance of any of the foregoing functions unless such
11 person specifically contracts to provide it.
12 (Source: P.A. 86-667; 86-1475.)
13 (225 ILCS 325/4) (from Ch. 111, par. 5204)
14 Sec. 4. Definitions. As used in this Act:
15 (a) "Approved engineering curriculum" means an
16 engineering curriculum of 4 academic years or more which
17 meets the standards established by the rules of the
18 Department.
19 (b) "Board" means the State Board of Professional
20 Engineers of the Department of Professional Regulation,
21 previously known as the Examining Committee.
22 (c) "Department" means the Department of Professional
23 Regulation.
24 (d) "Design professional" means an architect, structural
25 engineer or professional engineer practicing in conformance
26 with the Illinois Architecture Practice Act of 1989, the
27 Structural Engineering Practice Licensing Act of 1989 or the
28 Professional Engineering Practice Act of 1989.
29 (e) "Director" means the Director of Professional
30 Regulation.
31 (f) "Direct supervision/responsible charge" means work
32 prepared under the control of a licensed professional
33 engineer or that work as to which that professional engineer
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1 has detailed professional knowledge.
2 (g) "Engineering college" means a school, college,
3 university, department of a university or other educational
4 institution, reputable and in good standing in accordance
5 with rules prescribed by the Department, and which grants
6 baccalaureate degrees in engineering.
7 (h) "Engineering system or facility" means a system or
8 facility whose design is based upon the application of the
9 principles of science for the purpose of modification of
10 natural states of being.
11 (i) "Engineer intern" means a person who is a candidate
12 for licensure as a professional engineer and who has been
13 enrolled as an engineer intern.
14 (j) "Enrollment" means an action by the Department to
15 record those individuals who have met the Board's
16 requirements for an engineer intern.
17 (k) "License" means an official document issued by the
18 Department to an individual, a corporation or a partnership
19 signifying authority to practice.
20 (l) "Negligence in the practice of professional
21 engineering" means the failure to exercise that degree of
22 reasonable professional skill, judgment and diligence
23 normally rendered by professional engineers in the practice
24 of professional engineering.
25 (m) "Professional engineer" means a person licensed
26 under the laws of the State of Illinois to practice
27 professional engineering.
28 (n) "Professional engineering" means the application of
29 science to the design of engineering systems and facilities
30 using the knowledge, skills, ability and professional
31 judgment developed through professional engineering
32 education, training and experience.
33 (o) "Professional engineering practice" means the
34 consultation on, conception, investigation, evaluation,
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1 planning, and design of, and selection of materials and
2 methods to be used in, administration of construction
3 contracts for, or site observation of an engineering system
4 or facility, where such consultation, conception,
5 investigation, evaluation, planning, design, selection,
6 administration, or observation requires extensive knowledge
7 of engineering laws, formulae, materials, practice, and
8 construction methods. A person shall be construed to
9 practice or offer to practice professional engineering,
10 within the meaning and intent of this Act, who practices, or
11 who, by verbal claim, sign, advertisement, letterhead, card,
12 or any other way, is represented to be a professional
13 engineer, or through the use of the initials "P.E." or the
14 title "engineer" or any of its derivations or some other
15 title implies licensure as a professional engineer, or holds
16 himself out as able to perform any service which is
17 recognized as professional engineering practice.
18 Examples of the practice of professional engineering
19 include, but need not be limited to, transportation
20 facilities and publicly owned utilities for a region or
21 community, railroads, railways, highways, subways, canals,
22 harbors, river improvements; irrigation works; aircraft,
23 airports and landing fields; waterworks, piping systems and
24 appurtenances, sewers, sewage disposal works; plants for the
25 generation of power; devices for the utilization of power;
26 boilers; refrigeration plants, air conditioning systems and
27 plants; heating systems and plants; plants for the
28 transmission or distribution of power; electrical plants
29 which produce, transmit, distribute, or utilize electrical
30 energy; works for the extraction of minerals from the earth;
31 plants for the refining, alloying or treating of metals;
32 chemical works and industrial plants involving the use of
33 chemicals and chemical processes; plants for the production,
34 conversion, or utilization of nuclear, chemical, or radiant
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1 energy; forensic engineering, geotechnical engineering
2 including, subsurface investigations; soil classification,
3 geology and geohydrology, incidental to the practice of
4 professional engineering; energy analysis, environmental
5 design, hazardous waste mitigation and control; recognition,
6 measurement, evaluation and control of environmental systems
7 and emissions; automated building management systems; or the
8 provision of professional engineering site observation of the
9 construction of works and engineering systems. Nothing
10 contained in this Section imposes upon a person licensed
11 under this Act the responsibility for the performance of any
12 of the foregoing functions unless such person specifically
13 contracts to provide it.
14 (p) "Project representative" means the professional
15 engineer's representative at the project site who assists in
16 the administration of the construction contract.
17 (q) "Registered" means the same as "licensed" for
18 purposes of this Act.
19 (r) "Related science curriculum" means a 4 year program
20 of study, the satisfactory completion of which results in a
21 Bachelor of Science degree, and which contains courses from
22 such areas as life, earth, engineering and computer sciences,
23 including but not limited to, physics and chemistry. In the
24 study of these sciences, the objective is to acquire
25 fundamental knowledge about the nature of its phenomena,
26 including quantitative expression, appropriate to particular
27 fields of engineering.
28 (s) "Rules" means those rules promulgated pursuant to
29 this Act.
30 (t) "Seal" means the seal in compliance with Section 14
31 of this Act.
32 (u) "Site observation" is visitation of the construction
33 site for the purpose of reviewing, as available, the quality
34 and conformance of the work to the technical submissions as
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1 they relate to design.
2 (v) "Support design professional" means a professional
3 engineer practicing in conformance with the Professional
4 Engineering Practice Act of 1989, who provides services to
5 the design professional who has contract responsibility.
6 (w) "Technical submissions" means designs, drawings, and
7 specifications which establish the standard of quality for
8 materials, workmanship, equipment, and the construction
9 systems, studies, and other technical reports prepared in the
10 course of a design professional's practice.
11 (Source: P.A. 88-372.)
12 (225 ILCS 325/23) (from Ch. 111, par. 5223)
13 Sec. 23. Professional design firm registration.
14 (a) Nothing in this Act shall prohibit the formation,
15 under the provisions of the Professional Service Corporation
16 Act, as amended, of a corporation to practice professional
17 engineering.
18 Any business not formed under the provisions of the
19 Professional Service Corporation Act and not registered as
20 such with the Department, and which includes within its
21 stated purposes or practices, or holds itself out as
22 available to practice, professional engineering, shall be
23 registered with the Department pursuant to the provisions set
24 forth in this Section.
25 Any sole proprietorship not owned and operated by an
26 Illinois licensed design professional licensed under this Act
27 shall be prohibited from offering professional engineering
28 services to the public. Any sole proprietorship owned and
29 operated by a professional engineer with an active license
30 issued under this Act and conducting or transacting such
31 business under an assumed name in accordance with the
32 provisions of the Assumed Business Name Act shall comply with
33 the registration requirements of a professional design firm.
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1 Any sole proprietorship owned and operated by a professional
2 engineer with an active license issued under this Act and
3 conducting or transacting such business under the real name
4 of the sole proprietor is exempt from the registration
5 requirements of a professional design firm. "Illinois
6 licensed design professional" means a person who holds an
7 active license as a professional engineer under this Act, as
8 an architect under the Illinois Architecture Practice Act of
9 1989, or as a structural engineer under the Structural
10 Engineering Practice Licensing Act of 1989.
11 (b) Any professional design firm seeking to be
12 registered pursuant to the provisions of this Section shall
13 not be registered unless one or more managing agents in
14 charge of professional engineering activities in this State
15 are designated by the professional design firm. Each
16 managing agent must at all times maintain a valid, active
17 license to practice professional engineering in Illinois.
18 No individual whose license to practice professional
19 engineering in this State is currently in a suspended or
20 revoked status shall act as a managing agent for a
21 professional design firm.
22 (c) Any business seeking to be registered under this
23 Section shall make application on a form provided by the
24 Department and shall provide such information as requested by
25 the Department, which shall include, but not be limited to:
26 (1) the name and license number of the person
27 designated as the managing agent in responsible charge of
28 the practice of professional engineering in Illinois. In
29 the case of a corporation, the corporation shall also
30 submit a certified copy of the resolution by the board of
31 directors designating the managing agent. In the case of
32 a limited liability company, the company shall submit a
33 certified copy of either its articles of organization or
34 operating agreement designating the managing agent;
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1 (2) the names and license numbers of the directors,
2 in the case of a corporation, the members, in the case of
3 a limited liability company, or general partners, in the
4 case of a partnership;
5 (3) a list of all office locations at which the
6 professional design firm provides professional
7 engineering services to the public; and
8 (4) a list of all assumed names of the business.
9 Nothing in this Section shall be construed to exempt a
10 professional design firm, sole proprietorship, or
11 professional service corporation from compliance with the
12 requirements of the Assumed Business Name Act.
13 It is the responsibility of the professional design firm
14 to provide the Department notice, in writing, of any changes
15 in the information requested on the application.
16 (d) The Department shall issue to each business a
17 certificate of registration to practice professional
18 engineering or offer the services of its licensees in this
19 State upon submittal of a proper application for registration
20 and payment of fees. The expiration date and renewal period
21 for each registration and renewal procedures shall be
22 established by rule.
23 (e) In the event a managing agent is terminated or
24 terminates his or her status as managing agent of the
25 professional design firm, the managing agent and professional
26 design firm shall notify the Department of this fact in
27 writing, by certified mail, within 10 business days of such
28 termination. Thereafter, the professional design firm, if it
29 has so informed the Department, shall have 30 days in which
30 to notify the Department of the name and license number of a
31 newly designated managing agent. If a corporation, the
32 corporation shall also submit a certified copy of a
33 resolution by the board of directors designating the new
34 managing agent. If a limited liability company, the company
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1 shall also submit a certified copy of either its articles of
2 organization or operating agreement designating the new
3 managing agent. The Department may, upon good cause shown,
4 extend the original 30 day period.
5 If the professional design firm has not notified the
6 Department in writing, by certified mail within the specified
7 time, the registration shall be terminated without prior
8 hearing. Notification of termination shall be sent by
9 certified mail to the last known address of the business. If
10 the professional design firm continues to operate and offer
11 professional engineering services after the termination, the
12 Department may seek prosecution under Sections 24, 39, and 40
13 of this Act for the unlicensed practice of professional
14 engineering.
15 (f) No professional design firm shall be relieved of
16 responsibility for the conduct or acts of its agent,
17 employees, members, managers, or officers by reason of its
18 compliance with this Section, nor shall any individual
19 practicing professional engineering be relieved of the
20 responsibility for professional services performed by reason
21 of the individual's employment or relationship with a
22 professional design firm registered under this Section.
23 (g) Disciplinary action against a professional design
24 firm registered under this Section shall be administered in
25 the same manner and on the same grounds as disciplinary
26 action against a licensed professional engineer. All
27 disciplinary action taken or pending against a corporation or
28 partnership before the effective date of this amendatory Act
29 of 1993 shall be continued or remain in effect without the
30 Department filing separate actions.
31 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
32 (225 ILCS 325/44) (from Ch. 111, par. 5244)
33 Sec. 44. Fund; appropriations; investments; audits.
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1 Moneys deposited in the Design Professionals Administration
2 and Investigation Fund shall be appropriated to the
3 Department exclusively for expenses of the Department and the
4 Board in the administration of this Act, the Illinois
5 Professional Land Surveyor Act of 1989, the Illinois
6 Architecture Practice Act, and the Structural Engineering
7 Practice Licensing Act of 1989. The expenses of the
8 Department under this Act shall be limited to the ordinary
9 and contingent expenses of the Design Professionals Dedicated
10 Employees within the Department as established under Section
11 62.1 of the Civil Administrative Code of Illinois and other
12 expenses related to the administration and enforcement of
13 this Act.
14 Moneys from the Fund may also be used for direct and
15 allocable indirect costs related to the public purposes of
16 the Department of Professional Regulation. Moneys in the
17 Fund may be transferred to the Professions Indirect Cost Fund
18 as authorized by Section 61e of the Civil Administrative Code
19 of Illinois.
20 Moneys in the Design Professionals Administration and
21 Investigation Fund may be invested and reinvested with all
22 earnings received from the investments to be deposited in the
23 Design Professionals Administration and Investigation Fund
24 and used for the same purposes as fees deposited in the Fund.
25 All fines and penalties under Section 24 and Section 39
26 shall be deposited in the Design Professionals Administration
27 and Investigation Fund.
28 Upon the completion of any audit of the Department as
29 prescribed by the Illinois State Auditing Act that audit
30 includes an audit of the Design Professionals Administration
31 and Investigation Fund, the Department shall make the audit
32 report open to inspection by any interested person. The copy
33 of the audit report required to be submitted to the
34 Department by this Section is in addition to copies of audit
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1 reports required to be submitted to other State officers and
2 agencies by Section 3-14 of the Illinois State Auditing Act.
3 (Source: P.A. 89-204, eff. 1-1-96.)
4 (225 ILCS 325/47) (from Ch. 111, par. 5247)
5 Sec. 47. Practice of structural engineering or
6 architecture. No professional engineer shall practice either
7 structural engineering as defined in the Structural
8 Engineering Practice Licensing Act of 1989 or architecture as
9 defined in the Illinois Architecture Practice Act of 1989
10 unless he is licensed pursuant to the provisions of either
11 the Structural Engineering Licensing Act of 1989 or the
12 Illinois Architecture Practice Act, respectively.
13 (Source: P.A. 86-667; 86-1475.)
14 Section 45. The Illinois Professional Land Surveyor Act
15 of 1989 is amended by changing Sections 4 and 48 as follows:
16 (225 ILCS 330/4) (from Ch. 111, par. 3254)
17 Sec. 4. Definitions. As used in this Act:
18 (a) "Department" means the Department of Professional
19 Regulation.
20 (b) "Director" means the Director of Professional
21 Regulation.
22 (c) "Board" means the Land Surveyors Examining Board.
23 (d) "Direct supervision and control" means the personal
24 review by a Licensed Professional Land Surveyor of each
25 survey, including, but not limited to, procurement, research,
26 field work, calculations, preparation of legal descriptions
27 and plats. The personal review shall be of such a nature as
28 to assure the client that the Professional Land Surveyor or
29 the firm for which the Professional Land Surveyor is employed
30 is the provider of the surveying services.
31 (e) "Responsible charge" means an individual responsible
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1 for the various components of the land survey operations
2 subject to the overall supervision and control of the
3 Professional Land Surveyor.
4 (f) "Design professional" means a land surveyor,
5 architect, structural engineer, or professional engineer
6 practicing in conformance with this Act, the Illinois
7 Architecture Practice Act of 1989, the Structural Engineering
8 Practice Licensing Act of 1989, or the Professional
9 Engineering Practice Act of 1989.
10 (g) "Professional Land Surveyor" means any person
11 licensed under the laws of the State of Illinois to practice
12 land surveying, as defined by this Act or its rules.
13 (h) "Land Surveyor-in-Training" means any person
14 licensed under the laws of the State of Illinois who has
15 qualified for, taken, and passed an examination in the
16 fundamental land surveyor-in-training subjects as provided by
17 this Act or its rules.
18 (i) "Land surveying experience" means those activities
19 enumerated in Section 5 of this Act, which, when exercised in
20 combination, to the satisfaction of the Board, is proof of an
21 applicant's broad range of training in and exposure to the
22 prevailing practice of land surveying.
23 (Source: P.A. 86-987; 86-1475.)
24 (225 ILCS 330/48) (from Ch. 111, par. 3298)
25 Sec. 48. Fund, appropriations, investments and audits.
26 The moneys deposited in the Design Professionals
27 Administration and Investigation Fund from fines and fees
28 under this Act shall be appropriated to the Department
29 exclusively for expenses of the Department and the Board in
30 the administration of this Act, the Illinois Architecture
31 Practice Act, the Professional Engineering Practice Act of
32 1989, and the Structural Engineering Practice Licensing Act
33 of 1989. The expenses of the Department under this Act shall
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1 be limited to the ordinary and contingent expenses of the
2 Design Professionals Dedicated Employees within the
3 Department as established under Section 62.1 of the Civil
4 Administrative Code of Illinois and other expenses related to
5 the administration and enforcement of this Act.
6 Moneys from the Fund may also be used for direct and
7 allocable indirect costs related to the public purposes of
8 the Department of Professional Regulation. Moneys in the
9 Fund may be transferred to the Professions Indirect Cost Fund
10 as authorized by Section 61e of the Civil Administrative Code
11 of Illinois.
12 Moneys in the Design Professionals Administration and
13 Investigation Fund may be invested and reinvested with all
14 earnings received from the investments to be deposited in the
15 Design Professionals Administration and Investigation Fund
16 and used for the same purposes as fees deposited in that
17 Fund.
18 Upon the completion of any audit of the Department as
19 prescribed by the Illinois State Auditing Act that includes
20 an audit of the Design Professionals Administration and
21 Investigation Fund, the Department shall make the audit open
22 to inspection by any interested person. The copy of the
23 audit report required to be submitted to the Department by
24 this Section is in addition to copies of audit reports
25 required to be submitted to other State officers and agencies
26 by Section 3-14 of the Illinois State Auditing Act.
27 (Source: P.A. 89-204, eff. 1-1-96.)
28 Section 50. The Structural Engineering Licensing Act of
29 1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
30 11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
31 follows:
32 (225 ILCS 340/2) (from Ch. 111, par. 6602)
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1 Sec. 2. This Act shall be known and may be cited as the
2 Structural Engineering Practice Licensing Act of 1989.
3 (Source: P.A. 86-711.)
4 (225 ILCS 340/4) (from Ch. 111, par. 6604)
5 Sec. 4. In this Act:
6 (a) "Department" means the Department of Professional
7 Regulation.
8 (b) "Director" means the Director of the Department of
9 Professional Regulation.
10 (c) "Board" means the Structural Engineering Board
11 appointed by the Director.
12 (d) "Negligence in the practice of structural
13 engineering" means the failure to exercise that degree of
14 reasonable professional skill, judgment and diligence
15 normally rendered by structural engineers in the practice of
16 structural engineering.
17 (e) "Structural engineer intern" means a person who is a
18 candidate for licensure as a structural engineer and who has
19 been enrolled as a structural engineer intern.
20 (f) "Structural engineer" means a person licensed under
21 the laws of the State of Illinois to practice structural
22 engineering.
23 (Source: P.A. 86-711.)
24 (225 ILCS 340/6) (from Ch. 111, par. 6606)
25 Sec. 6. The Department of Professional Regulation shall
26 exercise the following functions, powers and duties subject
27 to the provisions of this Act:
28 (1) Conduct examinations to ascertain the qualifications
29 and fitness of applicants for licensure as licensed
30 structural engineers, and pass upon the qualifications and
31 fitness of applicants for licensure by endorsement.
32 (2) Prescribe rules for a method of examination of
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1 candidates.
2 (3) Prescribe rules defining what shall constitute a
3 school, college or university or department of a university,
4 or other institution, reputable and in good standing, and to
5 determine the reputability and good standing of a school,
6 college or other institution reputable and in good standing
7 by reference to a compliance with such rules; provided that
8 no school, college or university, or department of a
9 university or other institution that refuses admittance to
10 applicants, solely on account of race, color, creed, sex,
11 religion, physical or mental handicap unrelated to ability,
12 or national origin shall be considered reputable and in good
13 standing.
14 (3.5) Register corporations, partnerships, professional
15 service corporations, limited liability companies, and sole
16 proprietorships for the practice of structural engineering
17 and issue a license to those who qualify.
18 (4) Investigate complaints, conduct oral interviews,
19 disciplinary conferences, and formal evidentiary hearings on
20 proceedings to refuse to issue, renew or restore, or to
21 suspend or revoke a license, or to place on probation or
22 reprimand a licensee for reasons set forth in Section 20 of
23 this Act.
24 (5) Formulate rules necessary to carry out the
25 provisions of this Act.
26 (6) Maintain membership in a national organization that
27 provides an acceptable structural engineering examination and
28 participate in activities of the organization by designation
29 of individuals for the various classifications of membership
30 and the appointment of delegates for attendance at regional
31 and national meetings of the organization. All costs
32 associated with membership and attendance of such delegates
33 to any national meetings may be funded from the Design
34 Professionals Administration and Investigation Fund.
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1 Prior to issuance of any final decision or order that
2 deviates from any report or recommendation of the Board
3 relating to the qualification of applicants, discipline of
4 licensees or registrants, or promulgation of rules, the
5 Director shall notify the Board and the Secretary of State in
6 writing with an explanation of any such deviation and provide
7 a reasonable time for the Board to submit written comments to
8 the Director regarding the proposed action. In the event
9 that the Board fails or declines to submit such written
10 comments within 30 days of said notification, the Director
11 may issue a final decision or order consistent with the
12 Director's original decision.
13 None of these functions, powers or duties shall be
14 exercised by the Department of Professional Regulation except
15 upon the action and report in writing of the Board.
16 (Source: P.A. 86-711.)
17 (225 ILCS 340/7) (from Ch. 111, par. 6607)
18 Sec. 7. The Director shall appoint a Structural
19 Engineering Board which shall consist of 6 members. Five
20 members shall be Illinois licensed structural engineers, who
21 have been engaged in the practice of structural engineering
22 for a minimum of 10 years, and one shall be a public member.
23 The public member shall be a voting member and shall not hold
24 a license as an architect, professional engineer, structural
25 engineer or land surveyor.
26 Members shall serve 5 year terms and until their
27 successors are appointed and qualified, except that of the
28 initial appointments, 2 members shall be appointed to serve
29 for one year, 2 shall be appointed to serve for 2 years and 2
30 shall be appointed to serve for 3 years and until their
31 successors are appointed and qualified.
32 In making the designation of persons to act, the Director
33 shall give due consideration to recommendations by members of
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1 the profession and by organizations of the structural
2 engineering profession.
3 The membership of the Board should reasonably reflect
4 representation from the geographic areas in this State.
5 No member shall be reappointed to the Board for a term
6 which would cause his or her continuous service on the Board
7 to be longer than 10 successive years. Service prior to the
8 effective date of this Act shall not be considered in
9 calculating length of service.
10 Appointments to fill vacancies shall be made in the same
11 manner as original appointments, for the unexpired portion of
12 the vacated term. Initial terms under this Act shall begin
13 upon the expiration of the terms of Committee members
14 appointed under The Illinois Structural Engineering Act.
15 Persons holding office as members of the Board Committee
16 under this the Illinois Structural Engineering Act on the
17 effective date of this Act shall serve as members of the
18 Board Committee under this Act until the expiration of the
19 term for which they were appointed and until their successors
20 are appointed and qualified under this Act.
21 A quorum of the Board shall consist of a majority of
22 Board members appointed. A majority of the quorum is
23 required for Board decisions. Four members shall constitute a
24 quorum of Board members. The Chairman shall only vote on all
25 matters to come before the Board in the case of a tie vote.
26 The Director may terminate the appointment of any member
27 for cause which in the opinion of the Director reasonably
28 justifies such termination, which may include, but is not
29 limited to, a Board member who does not attend 2 consecutive
30 meetings.
31 Notice of proposed rulemaking shall be transmitted to the
32 Board and the Department shall review the response of the
33 Board and any recommendations made therein. The Department
34 may, at any time, seek the expert advice and knowledge of the
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1 Board on any matter relating to the administration or
2 enforcement of this Act.
3 Members of the Board shall be immune from suit in any
4 action based upon any disciplinary proceedings or other
5 activities performed in good faith as members of the Board.
6 Whenever the Director is not satisfied that substantial
7 justice has been done in an examination, the Director may
8 order a reexamination by the same or other examiners.
9 (Source: P.A. 86-711; 87-756.)
10 (225 ILCS 340/8) (from Ch. 111, par. 6608)
11 Sec. 8. The Board has the following powers and duties:
12 (a) The Board shall hold at least 3 regular meetings
13 each year;
14 (b) The Board shall annually elect a Chairperson and a
15 Vice Chairperson, both of whom chairman who shall be Illinois
16 a licensed structural engineers engineer;
17 (c) The Board, upon request by the Department, may make
18 a curriculum evaluation to determine if courses conform to
19 requirements of approved engineering programs;
20 (d) The Department may at any time seek the expert
21 advice and knowledge of the Board on any matter relating to
22 the enforcement of this Act;
23 (e) The Board may appoint a subcommittee to serve as a
24 Complaint Committee to recommend the disposition of case
25 files according to procedures established by rule;
26 (f) The Board shall assist the Department in conducting
27 oral interviews, disciplinary conferences, and formal
28 evidentiary hearings; and
29 (g) The Board shall review applicant qualifications to
30 sit for the examination or for licensure and shall make
31 recommendations to the Department, and. the Department shall
32 review the Board's recommendations on applicant
33 qualifications; and. Prior to issuance of any final decision
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1 or order which deviates from any report or recommendation of
2 the Board relating to the qualification of applicants,
3 discipline of licensees or registrants, or promulgation of
4 rules, the Director shall notify the Board and the Secretary
5 of State in writing with an explanation of any such deviation
6 and provide a reasonable time for the Board to submit written
7 comments to the Director regarding the proposed action. In
8 the 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 order consistent with
11 the Director's original decision.
12 (h) The Board shall submit written comments to the
13 Director within 30 days from notification of any final
14 decision or order from the Director that deviates from any
15 report or recommendation of the Board relating to the
16 qualification of applicants, discipline of licensees or
17 registrants, or promulgation of rules.
18 (Source: P.A. 88-428.)
19 (225 ILCS 340/9) (from Ch. 111, par. 6609)
20 Sec. 9. Applications for original licenses shall be made
21 to the Department in writing on forms prescribed by the
22 Department and shall be accompanied by the required fee,
23 which is not refundable. The application shall require such
24 information as in the judgment of the Department will enable
25 the Department to pass on the qualifications of the applicant
26 for a license. The Department may require an applicant, at
27 the applicant's expense, to have an evaluation of the
28 applicant's education in a foreign county by a nationally
29 recognized educational body approved by the Board in
30 accordance with rules prescribed by the Department.
31 An applicant who graduated from a structural engineering
32 program outside the United States or its territories and
33 whose first language is not English shall submit
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1 certification of passage of the Test of English as a Foreign
2 Language (TOEFL) and the Test of Spoken English (TSE) as
3 defined by rule before taking the licensure examination.
4 (Source: P.A. 89-594, eff. 8-1-96.)
5 (225 ILCS 340/10) (from Ch. 111, par. 6610)
6 Sec. 10. The Department shall authorize examinations of
7 applicants as structural engineers at such times and places
8 as it may determine. The examination of applicants shall be
9 of a character to give a fair test of the qualifications of
10 the applicant to practice structural engineering.
11 Applicants for examination as structural engineers are
12 required to pay, either to the Department or the designated
13 testing service, a fee covering the cost of providing the
14 examination. Failure to appear for the examination on the
15 scheduled date, at the time and place specified, after the
16 applicant's application for examination has been received and
17 acknowledged by the Department or the designated testing
18 service, shall result in the forfeiture of the examination
19 fee.
20 If an applicant neglects, fails without an approved
21 excuse or refuses to take the next available examination
22 offered for licensure under this Act, the fee paid by the
23 applicant shall be forfeited to the Department and the
24 application denied. If an applicant fails to pass an
25 examination for a licensure under this Act within 3 years
26 after filing the application, the application shall be
27 denied. However, such applicant may thereafter make a new
28 application for examination accompanied by the required fee,
29 and must furnish proof of meeting the qualifications for
30 examination in effect at the time of new application.
31 An applicant has one year from the date of notification
32 of successful completion of the examination to apply to the
33 Department for a license. If an applicant fails to apply
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1 within one year, the applicant shall be required to again
2 take and pass the examination unless licensed in another
3 jurisdiction of the United States within one year of passing
4 the examination.
5 (Source: P.A. 86-711.)
6 (225 ILCS 340/11) (from Ch. 111, par. 6611)
7 Sec. 11. A person is qualified for enrollment licensure
8 as a structural engineer intern or licensure as a structural
9 engineer if that person has applied in writing in form and
10 substance satisfactory to the Department and:
11 (a) The applicant is of good moral character. In
12 determining moral character under this Section, the
13 Department may take into consideration whether the applicant
14 has engaged in conduct or actions that would constitute
15 grounds for discipline under this Act. any felony conviction
16 of the applicant, but such a conviction shall not operate as
17 an absolute bar to licensure;
18 (a-5) The applicant, if a structural engineer intern
19 applicant, has met the minimum standards for enrollment as a
20 structural engineer intern, which are as follows:
21 (1) is a graduate of an approved engineering
22 curriculum of at least 4 years meeting the requirements
23 as set forth by rule and passes a nominal 8-hour written
24 examination in the fundamentals of engineering; or
25 (2) is a graduate of a related science curriculum
26 of at least 4 years meeting the requirements as set forth
27 by rule and passes a nominal 8-hour written examination
28 in the fundamentals of engineering.
29 (b) The applicant, if a structural engineer applicant,
30 has met the minimum standards for licensure as a structural
31 engineer, which are as follows:
32 (1) is a graduate of an approved engineering
33 curriculum of at least 4 years meeting the requirements
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1 as set forth by rule and submits evidence acceptable to
2 the Department of an additional 4 years or more of
3 experience in structural engineering work of a grade and
4 character which indicates that the individual may be
5 competent to practice structural engineering as set forth
6 by rule; or
7 (2) is a graduate of an approved related science
8 curriculum of at least 4 years meeting the requirements
9 as set forth by rule who submits evidence acceptable to
10 the Department of an additional 8 years or more of
11 progressive experience in structural engineering work of
12 a grade and character which indicates that the individual
13 may be competent to practice structural engineering as
14 set forth by rule.; and
15 (c) The applicant, if a structural engineer applicant,
16 has passed an examination conducted by the Department to
17 determine his or her fitness to receive a license as a
18 Structural Engineer.
19 (Source: P.A. 86-711.)
20 (225 ILCS 340/12) (from Ch. 111, par. 6612)
21 Sec. 12. Every holder of a license as a structural
22 engineer shall display it in a conspicuous place in the
23 holder's principal office, place of business or employment.
24 Every licensed structural engineer shall have a
25 reproducible seal or facsimile, the print of which shall
26 contain the name, place of business and license number of the
27 structural engineer, and the words "Licensed Structural
28 Engineer," "State of Illinois." The licensed structural
29 engineer shall stamp with this seal all plans, drawings, and
30 specifications prepared by or under the engineer's
31 supervision.
32 A licensed structural engineer may seal documents not
33 produced by the licensed structural engineer when the
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1 documents have either been produced by others working under
2 the licensed structural engineer's personal supervision and
3 control or when the licensed structural engineer has
4 sufficiently reviewed the documents to ensure that they have
5 met the standards of reasonable professional skill and
6 diligence. In reviewing the work of others, the licensed
7 structural engineer shall, where necessary, do calculations
8 recalculations, redesign, or any other work necessary to be
9 done to meet such standards and should retain evidence of
10 having done such review. The documents sealed by the
11 licensed structural engineer shall be of no lesser quality
12 than if they had been produced by the licensed structural
13 engineer. The licensed structural engineer who seals the work
14 of others is obligated to provide sufficient supervision and
15 review of such work so that the public is protected.
16 The licensed structural engineer shall affix the
17 signature, current date, date of license expiration and seal
18 to the first sheet of any bound set or loose sheets prepared
19 by the licensed structural engineer or under that licensed
20 structural engineer's immediate supervision.
21 (Source: P.A. 86-711.)
22 (225 ILCS 340/14.5 new)
23 Sec. 14.5. Continuing education. The Department may
24 promulgate rules of continuing education for persons licensed
25 under this Act. The Department shall consider the
26 recommendations of the Board in establishing the guidelines
27 for the continuing education requirements. The requirements
28 of this Section apply to any person seeking renewal or
29 restoration under Section 14 or 15 of this Act.
30 (225 ILCS 340/16) (from Ch. 111, par. 6616)
31 Sec. 16. The Department may, in its discretion, license
32 as a structural engineer upon, without examination on payment
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1 of the required fee, an applicant who is a structural
2 engineer licensed under the laws of another state or
3 territory, or of another country, if the requirements for
4 licensure in the state, territory or country were, at the
5 date of licensure, substantially equivalent to the
6 requirements in force in this State on that date.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not
9 been completed in 3 years, the application shall be denied,
10 the fee forfeited and the applicant must reapply and meet the
11 requirements in effect at the time of reapplication.
12 (Source: P.A. 86-711.)
13 (225 ILCS 340/17) (from Ch. 111, par. 6617)
14 Sec. 17. Fees.
15 (a) The Department shall provide by rule for a schedule
16 of fees to be paid for licenses by all applicants. All fees
17 are not refundable.
18 (b) The fees for the administration and enforcement of
19 the Act, including but not limited to original licensure,
20 renewal, and restoration, shall be set by rule by the
21 Department.
22 (c) All fees and fines collected shall be deposited in
23 the Design Professionals Administration and Investigation
24 Fund. Of the moneys deposited into the Design Professionals
25 Administration and Investigation Fund, the Department may use
26 such funds as necessary and available to produce and
27 distribute newsletters to persons licensed under this Act.
28 (a) The following fees are not refundable:
29 (1) The fee for application for a license is $100.
30 (2) In addition, applicants for any examination
31 shall be required to pay, either to the Department or to
32 the designated testing service, a fee covering the cost
33 of determining an applicant's eligibility and providing
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1 the examination. Failure to appear for the examination on
2 the scheduled date, at the time and place specified,
3 after the applicant's application for each examination
4 has been received and acknowledged by the Department or
5 the designated testing service, shall result in the
6 forfeiture of the examination fee.
7 (3) The fee for a license for a structural engineer
8 registered or licensed under the laws of another state or
9 territory of the United States, or a foreign country or
10 province is $100.
11 (4) The fee for the renewal of a license shall be
12 $60.
13 (5) The fee for the restoration of a license other
14 than from inactive status is $10 plus payment of all
15 lapsed renewal fees.
16 (6) The fee for application for a certificate of
17 registration as a professional design firm is $75.
18 (7) The fee for renewal of a certificate of
19 registration as a professional design firm shall be $75.
20 (b) General fees.
21 (1) The fee for the issuance of a license, for the
22 issuance of a replacement license for a license which has
23 been lost or destroyed or for the issuance of a license
24 with a change of name or address other than during the
25 renewal period is $20. No fee is required for name and
26 address changes on Department records when no duplicate
27 license is issued.
28 (2) The fee for a certification of a registrant's
29 record for any purpose is $20.
30 (3) The fee for rescoring an examination is the
31 cost to the Department for rescoring the examination plus
32 any fees charged by the applicable testing service.
33 (4) The fee for a wall certificate showing
34 licensure is the actual cost of producing such
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1 certificate.
2 (5) The fee for a roster of persons licensed as
3 structural engineers in this State is the actual cost of
4 producing such a roster.
5 All of the fees collected pursuant to this Section shall
6 be deposited in the Design Professionals Administration and
7 Investigation Fund.
8 (c) Any person who delivers a check or other payment to
9 the Department that is returned to the Department unpaid by
10 the financial institution upon which it is drawn shall pay to
11 the Department, in addition to the amount already owed to the
12 Department, a fine of $50. If the check or other payment was
13 for a renewal or issuance fee and that person practices
14 without paying the renewal fee or issuance fee and the fine
15 due, an additional fine of $100 shall be imposed. The fines
16 imposed by this Section are in addition to any other
17 discipline provided under this Act for unlicensed practice or
18 practice on a nonrenewed license. The Department shall notify
19 the person that payment of fees and fines shall be paid to
20 the Department by certified check or money order within 30
21 calendar days of the notification. If, after the expiration
22 of 30 days from the date of the notification, the person has
23 failed to submit the necessary remittance, the Department
24 shall automatically terminate the license or certificate or
25 deny the application, without hearing. If, after termination
26 or denial, the person seeks a license or certificate, he or
27 she shall apply to the Department for restoration or issuance
28 of the license or certificate and pay all fees and fines due
29 to the Department. The Department may establish a fee for the
30 processing of an application for restoration of a license or
31 certificate to pay all expenses of processing this
32 application. The Director may waive the fines due under this
33 Section in individual cases where the Director finds that the
34 fines would be unreasonable or unnecessarily burdensome.
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1 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
2 (225 ILCS 340/19) (from Ch. 111, par. 6619)
3 Sec. 19. Professional design firm registration;
4 conditions.
5 (a) Nothing in this Act prohibits the formation, under
6 the provisions of the Professional Service Corporation Act,
7 as amended, of a corporation to practice structural
8 engineering.
9 Any business, including a Professional Service
10 Corporation, that not formed under the provisions of the
11 Professional Service Corporation Act and not registered as
12 such with the Department, and which includes within its
13 stated purposes, practices, or holds itself out as available
14 to practice, structural engineering, shall be registered with
15 the Department pursuant to the provisions of this Section.
16 Any sole proprietorship not owned and operated by an
17 Illinois licensed design professional licensed under this Act
18 shall be prohibited from offering structural engineering
19 services to the public. "Illinois licensed design
20 professional" means a person who holds an active license as a
21 structural engineer under this Act, as an architect under the
22 Illinois Architecture Practice Act of 1989, or as a
23 professional engineer under the Professional Engineering
24 Practice Act of 1989. Any sole proprietorship owned and
25 operated by a structural engineer with an active license
26 issued under this Act and conducting or transacting such
27 business under an assumed name in accordance with the
28 provisions of the Assumed Business Name Act shall comply with
29 the registration requirements of a professional design firm.
30 Any sole proprietorship owned and operated by a structural
31 engineer with an active license issued under this Act and
32 conducting or transacting such business under the real name
33 of the sole proprietor is exempt from the registration
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1 requirements of a professional design firm.
2 Any partnership which includes within its purpose,
3 practices, or holds itself out as available to practice
4 structural engineering, shall register with the Department
5 pursuant to the provisions set forth in this Section.
6 (b) Any professional design firm seeking to be
7 registered under the provisions of this Section shall not be
8 registered unless a managing agent in charge of structural
9 engineering activities in this State is designated by the
10 professional design firm. A managing agent must at all times
11 maintain a valid, active license to practice structural
12 engineering in Illinois.
13 No individual whose license to practice structural
14 engineering in this State is currently in a suspended or
15 revoked status shall act as a managing agent for a
16 professional design firm.
17 (c) No business shall practice or hold itself out as
18 available to practice structural engineering until it is
19 registered with the Department.
20 (d) Any business seeking to be registered under this
21 Section shall apply for a certificate of registration on a
22 form provided by the Department and shall provide such
23 information as requested by the Department, which shall
24 include but shall not be limited to:
25 (1) the name and license number of the person
26 designated as the managing agent in responsible charge of
27 the practice of structural engineering in Illinois. In
28 the case of a corporation, the corporation shall also
29 submit a certified copy of the resolution by the board of
30 directors designating the managing agent. In the case of
31 a limited liability company, the company shall submit a
32 certified copy of either its articles of organization or
33 operating agreement designating the managing agent;
34 (2) the names and license numbers of the directors,
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1 in the case of a corporation, the members, in the case of
2 a limited liability company, or general partners, in the
3 case of a partnership;
4 (3) a list of all locations at which the
5 professional design firm provides structural engineering
6 services to the public; and
7 (4) A list of all assumed names of the business.
8 Nothing in this Section shall be construed to exempt a
9 professional design firm, sole proprietorship, or
10 professional service corporation from compliance with the
11 requirements of the Assumed Business Name Act.
12 It shall be the responsibility of the professional design
13 firm to provide the Department notice, in writing, of any
14 changes in the information requested on the application.
15 (e) In the event a managing agent is terminated or
16 terminates his status as managing agent of the professional
17 design firm, such managing agent and professional design firm
18 shall notify the Department of this fact in writing, by
19 certified mail, within 10 business days of such termination.
20 Thereafter, the professional design firm, if it has so
21 informed the Department, shall have 30 days in which to
22 notify the Department of the name and registration number of
23 a newly designated managing agent. If a corporation, the
24 corporation shall also submit a certified copy of a
25 resolution by the board of directors designating the new
26 managing agent. If a limited liability company, the company
27 shall also submit a certified copy of either its articles of
28 organization or operating agreement designating the new
29 managing agent. The Department may, upon good cause shown,
30 extend the original 30 day period.
31 If the professional design firm fails to notify the
32 Department in writing by certified mail within the specified
33 time, the registration shall be terminated without prior
34 hearing. Notification of termination shall be sent by
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1 certified mail to the last known address of the business. If
2 the professional design firm continues to operate and offer
3 structural engineering services after the termination, the
4 Department may seek prosecution under Sections 20, 34, and
5 34a of this Act for the unlicensed practice of structural
6 engineering.
7 (f) No professional design firm shall be relieved of
8 responsibility for the conduct or acts of its agents,
9 employees, members, managers, or officers by reason of its
10 compliance with this Section, nor shall any individual
11 practicing structural engineering be relieved of the
12 responsibility for professional services performed by reason
13 of the individual's employment or relationship with a
14 professional design firm registered under this Section.
15 (g) Disciplinary action against a professional design
16 firm registered under this Section shall be administered in
17 the same manner and on the same grounds as disciplinary
18 action against a licensed structural engineer. All
19 disciplinary action taken or pending against a corporation or
20 partnership before the effective date of this amendatory Act
21 of 1993 shall be continued or remain in effect without the
22 Department filing separate actions.
23 It is unlawful for any person to practice, or to attempt
24 to practice, structural engineering, without being licensed
25 under this Act. It is unlawful for any business not subject
26 to the sole proprietorship exemption to offer or provide
27 structural engineering services without active registration
28 issued by the Department as a professional design firm or
29 professional service corporation.
30 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
31 (225 ILCS 340/20) (from Ch. 111, par. 6620)
32 Sec. 20. (a) The Department may, singularly or in
33 combination, refuse to issue, renew, or restore, or may
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1 suspend or revoke any license or certificate of registration,
2 or may place on probation, reprimand, or fine, with a civil
3 penalty not to exceed $10,000 for each violation, any person,
4 corporation, partnership, or professional design firm
5 registered or licensed under this Act for any of the
6 following reasons:
7 (1) Material misstatement in furnishing information
8 to the Department;
9 (2) Negligence, incompetence or misconduct in the
10 practice of structural engineering;
11 (3) Making any misrepresentation for the purpose of
12 obtaining licensure;
13 (4) The affixing of a licensed structural
14 engineer's seal to any plans, specifications or drawings
15 which have not been prepared by or under the immediate
16 personal supervision of that licensed structural engineer
17 or reviewed as provided in this Act;
18 (5) 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 the practice of
21 Structural Engineering or not, or conviction of any
22 crime, whether a felony, misdemeanor, or otherwise, an
23 essential element of which is dishonesty, or which is
24 directly related to the practice of structural
25 engineering;
26 (6) Making a statement of compliance pursuant to
27 the Environmental Barriers Act, as now or hereafter
28 amended, that a plan for construction or alteration of a
29 public facility or for construction of a multi-story
30 housing unit is in compliance with the Environmental
31 Barriers Act when such plan is not in compliance;
32 (7) Failure to comply with any of the provisions of
33 this Act or its rules;
34 (8) Aiding or assisting another person in violating
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1 any provision of this Act or its rules;
2 (9) Engaging in dishonorable, unethical or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public, as defined by rule;
5 (10) Habitual intoxication or addiction to the use
6 of drugs;
7 (11) A finding by the Board that an applicant or
8 licensee has failed to pay a fine imposed by the
9 Department or a licensee whose license has been placed on
10 probationary status, has violated the terms of probation;
11 (12) Discipline by another state, territory,
12 foreign country, the District of Columbia, the United
13 States government, or any other governmental agency, if
14 at least one of the grounds for discipline is the same or
15 substantially equivalent to those set forth in this
16 Section;
17 (13) Failure to provide information in response to
18 a written request made by the Department within 30 days
19 after the receipt of such written request; or
20 (14) Physical illness, which results in the
21 inability to practice the profession of structural
22 engineering with reasonable judgment, skill or safety; or
23 including, but not limited to, deterioration through the
24 aging process or loss of motor skill.
25 (a-5) In enforcing this Section, the Board upon a
26 showing of a possible violation may compel a person licensed
27 to practice under this Act, or who has applied for licensure
28 or certification pursuant to this Act, to submit to a mental
29 or physical examination, or both, as required by and at the
30 expense of the Department. The examining physicians shall be
31 those specifically designated by the Board. The Board or the
32 Department may order the examining physician to present
33 testimony concerning this mental or physical examination of
34 the licensee or applicant. No information shall be excluded
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1 by reason of any common law or statutory privilege relating
2 to communications between the licensee or applicant and the
3 examining physician. The person to be examined may have, at
4 his or her own expense, another physician of his or her
5 choice present during all aspects of the examination.
6 Failure of any person to submit to a mental or physical
7 examination, when directed, shall be grounds for suspension
8 of a license until the person submits to the examination if
9 the Board finds, after notice and hearing, that the refusal
10 to submit to the examination was without reasonable cause.
11 If the Board finds a person unable to practice because of
12 the reasons set forth in this Section, the Board may require
13 that person to submit to care, counseling, or treatment by
14 physicians approved or designated by the Board as a
15 condition, term, or restriction for continued, reinstated, or
16 renewed licensure to practice; or, in lieu of care,
17 counseling, or treatment, the Board may recommend to the
18 Department to file a complaint to immediately suspend,
19 revoke, or otherwise discipline the license of the person.
20 Any person whose license was granted, continued, reinstated,
21 renewed, disciplined, or supervised subject to such terms,
22 conditions, or restrictions and who fails to comply with such
23 terms, conditions, or restrictions shall be referred to the
24 Director for a determination as to whether the person shall
25 have his or her license suspended immediately, pending a
26 hearing by the Board.
27 (b) The determination by a circuit court that a licensee
28 is subject to involuntary admission or judicial admission, as
29 provided in the Mental Health and Developmental Disabilities
30 Code, operates as an automatic suspension. Such suspension
31 will end only upon a finding by a court that the patient is
32 no longer subject to involuntary admission or judicial
33 admission, the issuance of an order so finding and
34 discharging the patient, and the recommendation of the Board
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1 to the Director that the licensee be allowed to resume
2 practice.
3 The Department may refuse to issue, or may suspend, the
4 license of any person who fails to file a return, or to pay
5 the tax, penalty or interest shown in a filed return, or to
6 pay any final assessment of tax, penalty or interest, as
7 required by any tax Act administered by the Illinois
8 Department of Revenue, until such time as the requirements of
9 such tax Act are satisfied.
10 Persons who assist the Department as consultants or
11 expert witnesses in the investigation or prosecution of
12 alleged violations of the Act, licensure matters, restoration
13 proceedings, or criminal prosecutions, are not liable for
14 damages in any civil action or proceeding as a result of such
15 assistance, except upon proof of actual malice. The Attorney
16 General of the State of Illinois shall defend such persons in
17 any such action or proceeding.
18 (Source: P.A. 88-428.)
19 Section 55. The Private Detective, Private Alarm,
20 Private Security, and Locksmith Act of 1993 is amended by
21 changing Section 30 as follows:
22 (225 ILCS 446/30)
23 Sec. 30. Exemptions.
24 (a) This Act does not apply to:
25 (1) An officer or employee of the United States,
26 this State, or any political subdivision of either while
27 the officer or employee is engaged in the performance of
28 his or her official duties within the course and scope of
29 his or her employment with the United States, this State,
30 or any political subdivision of either. However, any
31 person who offers his or her services as a private
32 detective or private security contractor, or any title
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1 when similar services are performed for compensation,
2 fee, or other valuable consideration, whether received
3 directly or indirectly, is subject to this Act and its
4 licensing requirements.
5 (2) An attorney-at-law licensed to practice in
6 Illinois while engaging in the practice of law.
7 (3) A person engaged exclusively in the business of
8 obtaining and furnishing information as to the financial
9 rating or credit worthiness of persons; and a person who
10 provides consumer reports in connection with:
11 (i) Credit transactions involving the consumer
12 on whom the information is to be furnished and
13 involving the extensions of credit to the consumer.
14 (ii) Information for employment purposes.
15 (iii) Information for the underwriting of
16 insurance involving the consumer.
17 (4) Insurance adjusters legally employed or under
18 contract as adjusters and who engage in no other
19 investigative activities other than those directly
20 connected with adjustment of claims against an insurance
21 company or self-insured by which they are employed or
22 with which they have a contract. No insurance adjuster
23 or company may utilize the term "investigation" or any
24 derivative thereof in its company name or in its
25 advertising other than for the handling of insurance
26 claims.
27 For the purposes of this Code, "insurance adjuster"
28 includes any person expressly authorized to act on behalf
29 of an insurance company or self-insured and any employee
30 thereof who acts or appears to act on behalf of the
31 insurance company or self-insured in matters relating to
32 claims, including but not limited to independent
33 contractors while performing claim services at the
34 direction of the company.
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1 (5) A person engaged exclusively and employed by a
2 person, firm, association, or corporation in the business
3 of transporting persons or property in interstate
4 commerce and making an investigation related to the
5 business of that employer.
6 (6) Any person, watchman, or guard employed
7 exclusively and regularly by one employer in connection
8 with the affairs of that employer only and there exists
9 an employer/employee relationship.
10 (7) Any law enforcement officer, as defined in the
11 Illinois Police Training Act, who has successfully
12 completed the requirements of basic law enforcement and
13 firearms training as prescribed by the Illinois Law
14 Enforcement Training Standards Board, employed by an
15 employer in connection with the affairs of that employer,
16 provided he or she is exclusively employed by the
17 employer during the hours or times he or she is scheduled
18 to work for that employer, and there exists an employer
19 and employee relationship.
20 In this subsection an "employee" is a person who is
21 employed by an employer who has the right to control and
22 direct the employee who performs the services in
23 question, not only as to the result to be accomplished by
24 the work, but also as to the details and means by which
25 the result is to be accomplished; and an "employer" is
26 any person or entity, with the exception of a private
27 detective, private detective agency, private security
28 contractor, private security contractor agency, private
29 alarm contractor, or private alarm contractor agency,
30 whose purpose it is to hire persons to perform the
31 business of a private detective, private detective
32 agency, private security contractor, private security
33 contractor agency, private alarm contractor, or private
34 alarm contractor agency.
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1 (8) A person who sells burglar alarm systems and
2 does not install, monitor, maintain, alter, repair,
3 service, or respond to burglar alarm systems at protected
4 premises or premises to be protected, provided:
5 (i) The burglar alarm systems are
6 approved either by Underwriters Laboratories or
7 another authoritative source recognized by the
8 Department and are identified by a federally
9 registered trademark.
10 (ii) The owner of the trademark has
11 expressly authorized the person to sell the
12 trademark owner's products, and the person
13 provides proof of this authorization upon the
14 request of the Department.
15 (iii) The owner of the trademark
16 maintains, and provides upon the Department's
17 request, a certificate evidencing insurance for
18 bodily injury or property damage arising from
19 faulty or defective products in an amount not
20 less than $1,000,000 combined single limit;
21 provided that the policy of insurance need not
22 relate exclusively to burglar alarm systems.
23 (9) A person who sells, installs, maintains, or
24 repairs automobile alarm systems.
25 (9-5) A person, firm, or corporation engaged solely
26 and exclusively in tracing and compiling lineage or
27 ancestry.
28 (b) Nothing in this Act prohibits any of the following:
29 (A) Servicing, installing, repairing, or rebuilding
30 automotive locks by automotive service dealers, as long
31 as they do not hold themselves out to the public as
32 locksmiths.
33 (B) Police, fire, or other municipal employees from
34 opening a lock in an emergency situation, as long as they
SB126 Enrolled -56- LRB9102229ACcs
1 do not hold themselves out to the public as locksmiths.
2 (C) Any merchant or retail or hardware store from
3 duplicating keys, from installing, servicing, repairing,
4 rebuilding, reprogramming, or maintaining electronic
5 garage door devices or from selling locks or similar
6 security accessories not prohibited from sale by the
7 State of Illinois, as long as they do not hold themselves
8 out to the public as locksmiths.
9 (D) The installation or removal of complete locks
10 or locking devices by members of the building trades when
11 doing so in the course of residential or commercial new
12 construction or remodeling, as long as they do not hold
13 themselves out to the public as locksmiths.
14 (E) The employees of towing services, repossessors,
15 or auto clubs from opening automotive locks in the normal
16 course of their duties, as long as they do not hold
17 themselves out to the public as locksmiths. Additionally,
18 this Act shall not prohibit employees of towing services
19 from opening motor vehicle locks to enable a vehicle to
20 be moved without towing, provided that the towing service
21 does not hold itself out to the public, by yellow page
22 advertisement, through a sign at the facilities of the
23 towing service, or by any other advertisement, as a
24 locksmith.
25 (F) The practice of locksmithing by students in the
26 course of study in programs approved by the Department,
27 provided that the students do not hold themselves out to
28 the public as locksmiths.
29 (G) Servicing, installing, repairing, or rebuilding
30 locks by a lock manufacturer or anyone employed by a lock
31 manufacturer, as long as they do not hold themselves out
32 to the public as locksmiths.
33 (H) The provision of any of the products or
34 services in the practice of locksmithing as identified in
SB126 Enrolled -57- LRB9102229ACcs
1 Section 5 of this Act by a business licensed by the State
2 of Illinois as a private alarm contractor or private
3 alarm contractor agency, as long as the principal purpose
4 of the services provided to a customer is not the
5 practice of locksmithing and the business does not hold
6 itself out to the public as a locksmith agency.
7 (I) Any maintenance employee of a property
8 management company at a multi-family residential building
9 from servicing, installing, repairing, or opening locks
10 for tenants as long as the maintenance employee does not
11 hold himself or herself out to the public as a locksmith.
12 (J) A person, firm, or corporation from engaging in
13 fire protection engineering, including the design,
14 testing, and inspection of fire protection systems.
15 (K) The practice of professional engineering as
16 defined in the Professional Engineering Practice Act of
17 1989.
18 (L) The practice of structural engineering as
19 defined in the Structural Engineering Practice Licensing
20 Act of 1989.
21 (M) The practice of architecture as defined in the
22 Illinois Architecture Practice Act of 1989.
23 (N) The activities of persons or firms licensed
24 under the Illinois Public Accounting Act if performed in
25 the course of their professional practice.
26 (c) This Act does not prohibit any persons legally
27 regulated in this State under any other Act from engaging in
28 the practice for which they are licensed, provided that they
29 do not represent themselves by any title prohibited by this
30 Act.
31 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
32 90-633, eff. 7-24-98.)
33 Section 60. The Professional Geologist Licensing Act is
SB126 Enrolled -58- LRB9102229ACcs
1 amended by changing Section 20 as follows:
2 (225 ILCS 745/20)
3 Sec. 20. Exemptions. Nothing in this Act shall be
4 construed to restrict the use of the title "geologist" or
5 similar words by any person engaged in a practice of geology
6 exempted under this Act, provided the person does not hold
7 himself or herself out as being a licensed professional
8 geologist or does not practice professional geology in a
9 manner requiring licensure under this Act. Performance of
10 the following activities does not require licensure as a
11 licensed professional geologist under this Act:
12 (a) The practice of professional geology by an employee
13 or a subordinate of a licensee under this Act, provided the
14 work does not include responsible charge of geological work
15 and is performed under the direct supervision of a licensed
16 professional geologist who is responsible for the work.
17 (b) The practice of professional geology by officers and
18 employees of the United States government within the scope of
19 their employment.
20 (c) The practice of professional geology as geologic
21 research to advance basic knowledge for the purpose of
22 offering scientific papers, publications, or other
23 presentations (i) before meetings of scientific societies,
24 (ii) internal to a partnership, corporation, proprietorship,
25 or government agency, or (iii) for publication in scientific
26 journals, or in books.
27 (d) The teaching of geology in schools, colleges, or
28 universities, as defined by rule.
29 (e) The practice of professional geology exclusively in
30 the exploration for or development of energy resources or
31 base, precious and nonprecious minerals, including sand,
32 gravel, and aggregate, that does not require, by law, rule,
33 or ordinance, the submission of reports, documents, or oral
SB126 Enrolled -59- LRB9102229ACcs
1 or written testimony to public agencies. Public agencies
2 may, by law or by rule, allow required oral or written
3 testimony, reports, permit applications, or other documents
4 based on the science of geology to be submitted to them by
5 persons not licensed under this Act. Unless otherwise
6 required by State or federal law, public agencies may not
7 require that the geology-based aspects of testimony, reports,
8 permits, or other documents so exempted be reviewed by,
9 approved, or otherwise certified by any person who is not a
10 licensed professional geologist. Licensure is not required
11 for the submission and review of reports or documents or the
12 provision of oral or written testimony made under the Well
13 Abandonment Act, the Illinois Oil and Gas Act, the Surface
14 Coal Mining Land Conservation and Reclamation Act, or the
15 Surface-Mined Land Conservation and Reclamation Act.
16 (f) The practice of professional engineering as defined
17 in the Professional Engineering Practice Act of 1989.
18 (g) The practice of structural engineering as defined in
19 the Structural Engineering Practice Licensing Act of 1989.
20 (h) The practice of architecture as defined in the
21 Illinois Architecture Practice Act of 1989.
22 (i) The practice of land surveying as defined in the
23 Illinois Professional Land Surveyor Act of 1989.
24 (j) The practice of landscape architecture as defined in
25 the Illinois Landscape Architecture Act of 1989.
26 (Source: P.A. 89-366, eff. 7-1-96.)
27 Section 65. The Environmental Barriers Act is amended by
28 changing Section 7 as follows:
29 (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
30 Sec. 7. Penalties.
31 (a) Any owner constructing or altering a public facility
32 or constructing a multi-story housing unit in violation of
SB126 Enrolled -60- LRB9102229ACcs
1 this Act shall be guilty of a business offense punishable by
2 a fine not to exceed $250 per day, and each day the owner is
3 in violation of this Act constitutes a separate offense.
4 (b) Any architect or engineer negligently or
5 intentionally stating pursuant to Section 5 of this Act that
6 a plan is in compliance with this Act when such plan is not
7 in compliance shall be subject to a suspension, revocation or
8 refusal of restoration of his or her certificate of
9 registration or license pursuant to the Illinois Architecture
10 Practice Act of 1989, the Professional Engineering Practice
11 Act of 1989 and the Structural Engineering Practice Licensing
12 Licensing Act of
9 1989, (d) "land surveying" as defined in Section 2 of the
10 Illinois Professional Land Surveyor Act of 1989; or
11 (2) a combination of the following personal
12 services: (a) the practice of medicine in all of its
13 branches, (b) the practice of podiatry as defined in
14 Section 5 of the Podiatric Medical Practice Act of 1987,
15 (c) the practice of dentistry as defined in the Illinois
16 Dental Practice Act, (d) the practice of optometry as
17 defined in the Illinois Optometric Practice Act of 1987.
18 (Source: P.A. 90-230, eff. 1-1-98.)
19 Section 999. Effective date. This Act takes effect
20 January 1, 2000, except that Section 5 takes effect upon
21 becoming law.
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