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91_SB0126sam001
LRB9102229ACcdam02
1 AMENDMENT TO SENATE BILL 126
2 AMENDMENT NO. . Amend Senate Bill 126 by replacing
3 the title with the following:
4 "AN ACT concerning structural engineers."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Regulatory Sunset Act is amended by
8 changing Section 4.10 and adding Section 4.20 as follows:
9 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
10 Sec. 4.10. The following Acts are repealed December 31,
11 1999:
12 The Fire Equipment Distributor and Employee Regulation
13 Act.
14 The Professional Engineering Practice Act of 1989.
15 The Structural Engineering Licensing Act of 1989.
16 The Illinois Architecture Practice Act of 1989.
17 The Illinois Landscape Architecture Act of 1989.
18 The Illinois Professional Land Surveyor Act of 1989.
19 The Land Sales Registration Act of 1989.
20 The Real Estate License Act of 1983.
21 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
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1 86-1007; 86-1028.)
2 (5 ILCS 80/4.20 new)
3 Sec. 4.20. Act repealed on January 1, 2010. The
4 following Act is repealed on January 1, 2010:
5 The Structural Engineering Practice Act of 1989.
6 Section 10. The Architectural, Engineering, and Land
7 Surveying Qualifications Based Selection Act is amended by
8 changing Sections 15 and 65 as follows:
9 (30 ILCS 535/15) (from Ch. 127, par. 4151-15)
10 Sec. 15. Definitions. As used in this Act:
11 "Architectural services" means any professional service
12 as defined in Section 5 of the Illinois Architecture Practice
13 Act of 1989.
14 "Engineering services" means any professional service as
15 defined in Section 4 of the Professional Engineering Practice
16 Act of 1989 or Section 5 of the Structural Engineering
17 Practice Licensing Act of 1989.
18 "Firm" means any individual, sole proprietorship, firm,
19 partnership, corporation, association, or other legal entity
20 permitted by law to practice the profession of architecture,
21 engineering, or land surveying and provide those services.
22 "Land surveying services" means any professional service
23 as defined in Section 5 of the Illinois Professional Land
24 Surveyor Act of 1989.
25 "Project" means any capital improvement project or any
26 design, study, plan, survey, or new or existing program
27 activity of a State agency, including development of new or
28 existing programs that require architectural, engineering, or
29 land surveying services.
30 "State agency" means any department, commission, council,
31 board, bureau, committee, institution, agency, university,
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1 government corporation, authority, or other establishment or
2 official of this State.
3 (Source: P.A. 87-673.)
4 (30 ILCS 535/65) (from Ch. 127, par. 4151-65)
5 Sec. 65. Scope. No person, corporation, or partnership
6 licensed or registered under the Illinois Architecture
7 Practice Act of 1989, the Professional Engineering Practice
8 Act of 1989, the Structural Engineering Practice Licensing
9 Act of 1989, or the Illinois Professional Land Surveyor Act
10 of 1989 shall engage in any act or conduct, or be a party to
11 any contract, or agreement, in violation of the provisions of
12 this Act.
13 (Source: P.A. 87-673.)
14 Section 15. The Local Government Professional Services
15 Selection Act is amended by changing Section 3 as follows:
16 (50 ILCS 510/3) (from Ch. 85, par. 6403)
17 Sec. 3. Definitions. As used in this Act unless the
18 context specifically requires otherwise:
19 (1) "Firm" means any individual, firm, partnership,
20 corporation, association or other legal entity permitted by
21 law to practice the profession of architecture, engineering
22 or land surveying and provide architectural, engineering or
23 land surveying services.
24 (2) "Architectural services" means any professional
25 service as defined in Section 5 of the Illinois Architecture
26 Practice Act of 1989.
27 (3) "Engineering services" means any professional
28 service as defined in Section 4 of the Professional
29 Engineering Practice Act of 1989 or Section 5 of the
30 Structural Engineering Practice Licensing Act of 1989.
31 (4) "Land surveying services" means any professional
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1 service as defined in Section 5 of the Illinois Professional
2 Land Surveyor Act of 1989.
3 (5) "Political subdivision" means any school district
4 and any unit of local government of fewer than 3,000,000
5 inhabitants, except home rule units.
6 (6) "Project" means any capital improvement project or
7 any study, plan, survey or new or existing program activity
8 of a political subdivision, including development of new or
9 existing programs which require architectural, engineering or
10 land surveying services.
11 (Source: P.A. 86-711; 86-987; 86-1028; 86-1475.)
12 Section 20. The Civil Administrative Code of Illinois is
13 amended by changing Section 62.1 as follows:
14 (110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
15 Sec. 62.1. Design Professionals Dedicated Employees.
16 There is established within the Department of Professional
17 Regulation certain design professionals dedicated employees.
18 These employees shall be devoted exclusively to the
19 administration and enforcement of the Illinois Architecture
20 Practice Act, the Illinois Professional Land Surveyor Act of
21 1989, the Professional Engineering Practice Act of 1989, and
22 the Structural Engineering Practice Licensing Act of 1989.
23 The design professionals dedicated employees that the
24 Director shall employ, in conformity with the Personnel Code,
25 at a minimum shall consist of one full-time design licensing
26 Coordinator, one full-time Assistant Coordinator, 4 full-time
27 licensing clerks, one full-time attorney, and 2 full-time
28 investigators. These employees shall work exclusively in the
29 licensing and enforcement of the design profession Acts set
30 forth in this Section and shall not be used for the licensing
31 and enforcement of any other Act or other duties in the
32 Department of Professional Regulation.
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1 (Source: P.A. 87-781.)
2 Section 25. The Illinois Architecture Practice Act of
3 1989 is amended by changing Sections 3, 21, and 38 as
4 follows:
5 (225 ILCS 305/3) (from Ch. 111, par. 1303)
6 Sec. 3. Application of Act. Nothing in this Act shall
7 be deemed or construed to prevent the practice of structural
8 engineering as defined in the Structural Engineering Practice
9 Licensing Act of 1989, the practice of professional
10 engineering as defined in the Professional Engineering
11 Practice Act of 1989, or the preparation of documents used to
12 prescribe work to be done inside buildings for
13 non-loadbearing interior construction, furnishings, fixtures
14 and equipment, or the offering or preparation of
15 environmental analysis, feasibility studies, programming or
16 construction management services by persons other than those
17 licensed in accordance with this Act, the Structural
18 Engineering Practice Licensing Act of 1989 or the
19 Professional Engineering Practice Act of 1989.
20 Nothing contained in this Act shall prevent the
21 draftsmen, students, project representatives and other
22 employees of those lawfully practicing as licensed architects
23 under the provisions of this Act, from acting under the
24 direct supervision and control of their employers, or to
25 prevent the employment of project representatives for
26 enlargement or alteration of buildings or any parts thereof,
27 or prevent such project representatives from acting under the
28 direct supervision and control of the licensed architect by
29 whom the construction documents including drawings and
30 specifications of any such building, enlargement or
31 alteration were prepared.
32 Nothing in this Act or any other Act shall prevent a
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1 registered architect from practicing interior design
2 services. Nothing in this Act shall be construed as
3 requiring the services of an interior designer for the
4 interior designing of a single family residence.
5 This Act does not apply to any of the following:
6 (A) The building, remodeling or repairing of any
7 building or other structure outside of the corporate
8 limits of any city or village, where such building or
9 structure is to be, or is used for residential or farm
10 purposes, or for the purposes of outbuildings or
11 auxiliary buildings in connection with such residential
12 or farm premises.
13 (B) The construction, remodeling or repairing of a
14 detached single family residence on a single lot.
15 (C) The construction, remodeling or repairing of a
16 two-family residence of wood frame construction on a
17 single lot, not more than two stories and basement in
18 height.
19 (D) Interior design services for buildings which do
20 not involve life safety or structural changes.
21 However, all buildings not included in the preceding
22 paragraphs (A) through (D), including multi-family buildings
23 and buildings previously exempt under those paragraphs but
24 subsequently non-exempt due to a change in occupancy or use,
25 are subject to the requirements of this Act. Interior
26 alterations which result in life safety or structural changes
27 of the building are subject to the requirements of this Act.
28 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
29 (225 ILCS 305/21) (from Ch. 111, par. 1321)
30 Sec. 21. Professional design firm registration;
31 conditions.
32 (a) Nothing in this Act shall prohibit the formation,
33 under the provisions of the Professional Service Corporation
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1 Act, of a corporation to practice architecture.
2 Any business not formed under the provisions of the
3 Professional Service Corporation Act and not registered as
4 such with the Department, and which includes the practice of
5 architecture within its stated purposes, practices, or holds
6 itself out as available to practice architecture, shall
7 register with the Department under this Section. Any
8 professional service corporation, sole proprietorship, or
9 professional design firm offering architectural services must
10 have a resident architect overseeing the architectural
11 practices in each location in which architectural services
12 are provided.
13 Any sole proprietorship not owned and operated by an
14 Illinois licensed design professional licensed under this Act
15 shall be prohibited from offering architectural services to
16 the public. "Illinois licensed design professional" means a
17 person who holds an active license as an architect under this
18 Act, as a structural engineer under the Structural
19 Engineering Practice Licensing Act of 1989, or as a
20 professional engineer under the Professional Engineering
21 Practice Act of 1989. Any sole proprietorship owned and
22 operated by an architect with an active license issued under
23 this Act and conducting or transacting such business under an
24 assumed name in accordance with the provisions of the Assumed
25 Business Name Act shall comply with the registration
26 requirements of a professional design firm. Any sole
27 proprietorship owned and operated by an architect with an
28 active license issued under this Act and conducting or
29 transacting such business under the real name of the sole
30 proprietor is exempt from the registration requirements of a
31 professional design firm.
32 (b) Any corporation, partnership, or professional design
33 firm seeking to be registered under this Section shall not be
34 registered unless:
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1 (1) two-thirds of the board of directors, in the
2 case of a corporation, or two-thirds of the general
3 partners, in the case of a partnership, or two-thirds of
4 the members, in the case of a limited liability company,
5 are licensed under the laws of any State to practice
6 architecture, professional engineering, or structural
7 engineering; and
8 (2) the person having the architectural practice in
9 this State in his charge is (A) a director in the case of
10 a corporation, a general partner in the case of a
11 partnership, or a member in the case of a limited
12 liability company, and (B) holds a license under this
13 Act.
14 Any corporation, limited liability company, professional
15 service corporation, or partnership qualifying under this
16 Section and practicing in this State shall file with the
17 Department any information concerning its officers,
18 directors, members, managers, partners or beneficial owners
19 as the Department may, by rule, require.
20 (c) No business shall practice or hold itself out as
21 available to practice architecture until it is registered
22 with the Department.
23 (d) Any business seeking to be registered under this
24 Section shall make application on a form provided by the
25 Department and shall provide any information requested by the
26 Department, which shall include but shall not be limited to
27 all of the following:
28 (1) The name and architect's license number of at
29 least one person designated as the managing agent in
30 responsible charge of the practice of architecture in
31 Illinois. In the case of a corporation, the corporation
32 shall also submit a certified copy of the resolution by
33 the board of directors designating at least one managing
34 agent. If a limited liability company, the company shall
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1 submit a certified copy of either its articles of
2 organization or operating agreement designating the
3 managing agent.
4 (2) The names and architect's, professional
5 engineer's, or structural engineer's, license numbers of
6 the directors, in the case of a corporation, the members,
7 in the case of a limited liability company, or general
8 partners, in the case of a partnership.
9 (3) A list of all locations at which the
10 professional design firm provides architectural services.
11 (4) A list of all assumed names of the business.
12 Nothing in this Section shall be construed to exempt a
13 business from compliance with the requirements of the
14 Assumed Business Name Act.
15 It is the responsibility of the professional design firm
16 to provide the Department notice, in writing, of any changes
17 in the information requested on the application.
18 (e) In the event a managing agent is terminated or
19 terminates his or her status as managing agent of the
20 professional design firm, the managing agent and professional
21 design firm shall notify the Department of this fact in
22 writing, by certified mail, within 10 business days of
23 termination.
24 Thereafter, the professional design firm, if it has so
25 informed the Department, has 30 days in which to notify the
26 Department of the name and architect's license number of the
27 architect who is the newly designated managing agent. If a
28 corporation, the corporation shall also submit a certified
29 copy of a resolution by the board of directors designating
30 the new managing agent. If a limited liability company, the
31 company shall also submit a certified copy of either its
32 articles of organization or operating agreement designating
33 the new managing agent. The Department may, upon good cause
34 shown, extend the original 30 day period.
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1 If the professional design firm has not notified the
2 Department in writing, by certified mail within the specified
3 time, the registration shall be terminated without prior
4 hearing. Notification of termination shall be sent by
5 certified mail to the last known address of the business. If
6 the professional design firm continues to operate and offer
7 architectural services after the termination, the Department
8 may seek prosecution under Sections 22, 36, and 36a of this
9 Act for the unlicensed practice of architecture.
10 (f) No professional design firm shall be relieved of
11 responsibility for the conduct or acts of its agents,
12 employees, or officers by reason of its compliance with this
13 Section, nor shall any individual practicing architecture be
14 relieved of the responsibility for professional services
15 performed by reason of the individual's employment or
16 relationship with a professional design firm registered under
17 this Section.
18 (g) Disciplinary action against a professional design
19 firm registered under this Section shall be administered in
20 the same manner and on the same grounds as disciplinary
21 action against a licensed architect. All disciplinary action
22 taken or pending against a corporation or partnership before
23 the effective date of this amendatory Act of 1993 shall be
24 continued or remain in effect without the Department filing
25 separate actions.
26 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
27 (225 ILCS 305/38) (from Ch. 111, par. 1338)
28 Sec. 38. Fund; appropriations; investments; audits.
29 Moneys deposited in the Design Professionals Administration
30 and Investigation Fund shall be appropriated to the
31 Department exclusively for expenses of the Department and the
32 Board in the administration of this Act, the Illinois
33 Professional Land Surveyor Act of 1989, the Professional
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1 Engineering Practice Act of 1989, and the Structural
2 Engineering Practice Licensing Act of 1989. The expenses of
3 the Department under this Act shall be limited to the
4 ordinary and contingent expenses of the Design Professionals
5 Dedicated Employees within the Department as established
6 under Section 62.1 of the Civil Administrative Code of
7 Illinois and other expenses related to the administration and
8 enforcement of this Act.
9 Moneys from the Fund may also be used for direct and
10 allocable indirect costs related to the public purposes of
11 the Department of Professional Regulation. Moneys in the
12 Fund may be transferred to the Professions Indirect Cost Fund
13 as authorized by Section 61e of the Civil Administrative Code
14 of Illinois.
15 All fines and penalties under Sections 22 and 36 shall be
16 deposited in the Design Professional Administration and
17 Investigation Fund.
18 Moneys in the Design Professional Administration and
19 Investigation Fund may be invested and reinvested, with all
20 earnings received from the investments to be deposited in the
21 Design Professionals Administration and Investigation Fund
22 and used for the same purposes as fees deposited in the Fund.
23 Upon the completion of any audit of the Department as
24 prescribed by the Illinois State Auditing Act that includes
25 an audit of the Design Professionals Administration and
26 Investigation Fund, the Department shall make the audit open
27 to inspection by any interested person. The copy of the
28 audit report required to be submitted to the Department by
29 this Section is an addition to copies of audit reports
30 required to be submitted to other State officers and agencies
31 by Section 3-14 of the Illinois State Auditing Act.
32 (Source: P.A. 89-204, eff. 1-1-96.)
33 Section 30. The Interior Design Professional Title Act
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1 is amended by changing Section 4 as follows:
2 (225 ILCS 310/4) (from Ch. 111, par. 8204)
3 Sec. 4. (a) No individual shall, without a valid
4 registration as an interior designer issued by the
5 Department, in any manner hold himself out to the public as
6 an interior designer or attach the title "interior designer"
7 or any other name or designation which would in any way imply
8 that he is able to use the title "interior designer" as
9 defined in this Act. No individual shall, without a valid
10 registration as a residential interior designer issued by the
11 Department, in any manner hold himself out to the public as a
12 residential interior designer, or use the title "residential
13 interior designer" or any name or designation that would in
14 any way imply that he is able to use the title "residential
15 interior designer" as defined in this Act.
16 (a-5) Nothing in this Act shall be construed as
17 preventing or restricting the services offered or advertised
18 by an interior designer who is registered under this Act.
19 (b) Nothing in this Act shall prevent the employment, by
20 an interior designer or residential interior designer,
21 association, partnership, or a corporation furnishing
22 interior design or residential interior design services for
23 remuneration, of persons not registered as interior designers
24 or residential interior designers to perform services in
25 various capacities as needed, provided that the persons do
26 not represent themselves as, or use the title of, "interior
27 designer", "registered interior designer", "residential
28 interior designer" or "registered residential interior
29 designer".
30 (c) Nothing in this Act shall be construed to limit the
31 activities and use of the title "interior designer" or
32 "residential interior designer" on the part of a person not
33 registered under this Act who is a graduate of an interior
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1 design program and a full-time employee of a duly chartered
2 institution of higher education insofar as such person
3 engages in public speaking, with or without remuneration,
4 provided that such person does not represent himself to be an
5 interior designer or use the title "registered interior
6 designer" or "registered residential interior designer".
7 (d) Nothing contained in this Act shall restrict any
8 person not registered under this Act from carrying out any of
9 the activities under paragraph (f) of Section 3 (3) if such
10 person does not represent himself or his services in any
11 manner prohibited by this Act.
12 (e) Nothing in this Act shall be construed as preventing
13 or restricting the practice, services, or activities of any
14 person licensed in this State under any other law from
15 engaging in the profession or occupation for which he is
16 licensed.
17 (f) Nothing in this Act shall be construed as preventing
18 or restricting the practice, services, or activities of
19 engineers licensed under the Professional Engineering
20 Practice Act of 1989 or the Structural Engineering Practice
21 Licensing Act of 1989; architects licensed pursuant to the
22 Illinois Architectural Practice Act of 1989; any interior
23 decorator or individual offering interior decorating services
24 including, but not limited to, the selection of surface
25 materials, window treatments, wall coverings, furniture,
26 accessories, paint, floor coverings, and lighting fixtures;
27 or builders, home furnishings salespersons, and similar
28 purveyors of goods and services relating to homemaking.
29 (g) Nothing in this Act or any other Act shall prevent a
30 licensed architect from practicing interior design services
31 or from using the title "interior designer" or "residential
32 interior designer". Nothing in this Act shall be construed
33 as requiring the services of an interior designer or
34 residential interior designer for the interior designing of a
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1 single family residence.
2 (h) Nothing in this Act shall authorize interior
3 designers or residential interior designers to perform
4 services, including life safety services that they are
5 prohibited from performing, or any practice (i) that is
6 restricted in the Illinois Architecture Practice Act of 1989,
7 the Professional Engineering Practice Act of 1989, or the
8 Structural Engineering Practice Licensing Act of 1989, or
9 (ii) that they are not authorized to perform under the
10 Environmental Barriers Act.
11 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
12 Section 35. The Illinois Plumbing License Law is amended
13 by changing Section 3 as follows:
14 (225 ILCS 320/3) (from Ch. 111, par. 1103)
15 Sec. 3. (1) All planning and designing of plumbing
16 systems and all plumbing shall be performed only by plumbers
17 licensed under the provisions of this Act hereinafter called
18 "licensed plumbers" and "licensed apprentice plumbers". The
19 inspection of plumbing and plumbing systems shall be done
20 only by the sponsor or his or her agent who shall be an
21 Illinois licensed plumber. Nothing herein contained shall
22 prohibit licensed plumbers or licensed apprentice plumbers
23 under supervision from planning, designing, inspecting,
24 installing, repairing, maintaining, altering or extending
25 building sewers in accordance with this Act. No person who
26 holds a license or certificate of registration under the
27 Illinois Architecture Practice Act of 1989, or the Structural
28 Engineering Practice Licensing Act of 1989, or the
29 Professional Engineering Practice Act of 1989 shall be
30 prevented from planning and designing plumbing systems.
31 (2) Nothing herein contained shall prohibit the owner
32 occupant or lessee occupant of a single family residence, or
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1 the owner of a single family residence under construction for
2 his or her occupancy, from planning, installing, altering or
3 repairing the plumbing system of such residence, provided
4 that (i) such plumbing shall comply with the minimum
5 standards for plumbing contained in the Illinois State
6 Plumbing Code, and shall be subject to inspection by the
7 Department or the local governmental unit if it retains a
8 licensed plumber as an inspector; and (ii) such owner, owner
9 occupant or lessee occupant shall not employ other than a
10 plumber licensed pursuant to this Act to assist him or her.
11 For purposes of this subsection, a person shall be
12 considered an "occupant" if and only if he or she has taken
13 possession of and is living in the premises as his or her
14 bona fide sole and exclusive residence, or, in the case of
15 an owner of a single family residence under construction for
16 his or her occupancy, he or she expects to take possession of
17 and live in the premises as his or her bona fide sole and
18 exclusive residence, and he or she has a current intention to
19 live in such premises as his or her bona fide sole and
20 exclusive residence for a period of not less than 6 months
21 after the completion of the plumbing work performed pursuant
22 to the authorization of this subsection, or, in the case of
23 an owner of a single family residence under construction for
24 his or her occupancy, for a period of not less than 6 months
25 after the completion of construction of the residence.
26 Failure to possess and live in the premises as a sole and
27 exclusive residence for a period of 6 months or more shall
28 create a rebuttable presumption of a lack of such intention.
29 (3) The employees of a firm, association, partnership or
30 corporation who engage in plumbing shall be licensed plumbers
31 or licensed apprentice plumbers. At least one member of every
32 firm, association or partnership engaged in plumbing work,
33 and at least one corporate officer of every corporation
34 engaged in plumbing work, as the case may be, shall be a
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1 licensed plumber. A retired plumber cannot fulfill the
2 requirements of this subsection (3).
3 (4) (a) A licensed apprentice plumber shall plan, design
4 and install plumbing only under the supervision of the
5 sponsor or his or her agent who is also an Illinois
6 licensed plumber.
7 (b) An applicant for licensing as an apprentice
8 plumber shall be at least 16 years of age and apply on
9 the application form provided by the Department. Such
10 application shall verify that the applicant is sponsored
11 by an Illinois licensed plumber or an approved
12 apprenticeship program and shall contain the name and
13 license number of the licensed plumber or program
14 sponsor.
15 (c) No licensed plumber shall sponsor more than 2
16 licensed apprentice plumbers at the same time. If 2
17 licensed apprentice plumbers are sponsored by a plumber
18 at the same time, one of the apprentices must have, at a
19 minimum, 2 years experience as a licensed apprentice. No
20 licensed plumber sponsor or his or her agent may
21 supervise 2 licensed apprentices with less than 2 years
22 experience at the same time. The sponsor or agent shall
23 supervise and be responsible for the plumbing performed
24 by a licensed apprentice.
25 (d) No agent shall supervise more than 2 licensed
26 apprentices at the same time.
27 (e) No licensed plumber may, in any capacity,
28 supervise more than 2 licensed apprentice plumbers at the
29 same time.
30 (f) No approved apprenticeship program may sponsor
31 more licensed apprentices than 2 times the number of
32 licensed plumbers available to supervise those licensed
33 apprentices.
34 (g) No approved apprenticeship program may sponsor
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1 more licensed apprentices with less than 2 years
2 experience than it has licensed plumbers available to
3 supervise those licensed apprentices.
4 (h) No individual shall work as an apprentice
5 plumber unless he or she is properly licensed under this
6 Act. The Department shall issue an apprentice plumber's
7 license to each approved applicant.
8 (i) No licensed apprentice plumber shall serve more
9 than a 6 year licensed apprenticeship period. If, upon
10 completion of a 6 year licensed apprenticeship period,
11 such licensed apprentice plumber does not apply for the
12 examination for a plumber's license and successfully pass
13 the examination for a plumber's license, his or her
14 apprentice plumber's license shall not be renewed.
15 Nothing contained in P.A. 83-878, entitled "An Act in
16 relation to professions", approved September 26, 1983, was
17 intended by the General Assembly nor should it be construed
18 to require the employees of a governmental unit or privately
19 owned municipal water supplier who operate, maintain or
20 repair a water or sewer plant facility which is owned or
21 operated by such governmental unit or privately owned
22 municipal water supplier to be licensed plumbers under this
23 Act. In addition, nothing contained in P.A. 83-878 was
24 intended by the General Assembly nor should it be construed
25 to permit persons other than licensed plumbers to perform the
26 installation, repair, maintenance or replacement of plumbing
27 fixtures, such as toilet facilities, floor drains, showers
28 and lavatories, and the piping attendant to those fixtures,
29 within such facility or in the construction of a new
30 facility.
31 Nothing contained in P.A. 83-878, entitled "An Act in
32 relation to professions", approved September 26, 1983, was
33 intended by the General Assembly nor should it be construed
34 to require the employees of a governmental unit or privately
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1 owned municipal water supplier who install, repair or
2 maintain water service lines from water mains in the street,
3 alley or curb line to private property lines and who install,
4 repair or maintain water meters to be licensed plumbers under
5 this Act if such work was customarily performed prior to the
6 effective date of such Act by employees of such governmental
7 unit or privately owned municipal water supplier who were not
8 licensed plumbers. Any such work which was customarily
9 performed prior to the effective date of such Act by persons
10 who were licensed plumbers or subcontracted to persons who
11 were licensed plumbers must continue to be performed by
12 persons who are licensed plumbers or subcontracted to persons
13 who are licensed plumbers. When necessary under this Act,
14 the Department shall make the determination whether or not
15 persons who are licensed plumbers customarily performed such
16 work.
17 (Source: P.A. 89-665, eff. 8-14-96.)
18 Section 40. The Professional Engineering Practice Act of
19 1989 is amended by changing Sections 3, 4, 23, 44, and 47 as
20 follows:
21 (225 ILCS 325/3) (from Ch. 111, par. 5203)
22 Sec. 3. Application of the Act; Exemptions.
23 (a) Nothing in this Act shall be construed to prevent
24 the practice of structural engineering as defined in the
25 Structural Engineering Practice Licensing Act of 1989 or the
26 practice of architecture as defined in the Illinois
27 Architecture Practice Act of 1989 or the regular and
28 customary practice of construction contracting and
29 construction management as performed by construction
30 contractors.
31 (b) Nothing in this Act shall prevent:
32 (1) Employees, including project representatives,
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1 of professional engineers lawfully practicing as sole
2 owners, partnerships or corporations under this Act, from
3 acting under the direct supervision of their employers.
4 (2) The employment of owner's representatives by
5 the owner during the constructing, adding to, or altering
6 of a project, or any parts thereof, provided that such
7 owner's representative shall not have the authority to
8 deviate from the technical submissions without the prior
9 approval of the professional engineer for the project.
10 (3) The practice of officers and employees of the
11 Government of the United States while engaged within this
12 State in the practice of the profession of engineering
13 for the Government.
14 (4) Services performed by employees of a business
15 organization engaged in utility, industrial or
16 manufacturing operations, or by employees of laboratory
17 research affiliates of such business organization which
18 are rendered in connection with the fabrication or
19 production, sale, and installation of products, systems,
20 or nonengineering services of the business organization
21 or its affiliates.
22 (5) Inspection, maintenance and service work done
23 by employees of the State of Illinois, any political
24 subdivision thereof or any municipality.
25 (6) The activities performed by those ordinarily
26 designated as chief engineer of plant operation, chief
27 operating engineer, locomotive, stationary, marine, power
28 plant or hoisting and portable engineers, electrical
29 maintenance or service engineers, personnel employed in
30 connection with construction, operation or maintenance of
31 street lighting, traffic control signals, police and fire
32 alarm systems, waterworks, steam, electric, and sewage
33 treatment and disposal plants, or the services ordinarily
34 performed by any worker regularly employed as a
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1 locomotive, stationary, marine, power plant, or hoisting
2 and portable engineer or electrical maintenance or
3 service engineer for any corporation, contractor or
4 employer.
5 (7) The activities performed by a person ordinarily
6 designated as a supervising engineer or supervising
7 electrical maintenance or service engineer who supervises
8 the operation of, or who operates, machinery or
9 equipment, or who supervises construction or the
10 installation of equipment within a plant which is under
11 such person's immediate supervision.
12 (8) The services, for private use, of contractors
13 or owners in the construction of engineering works or the
14 installation of equipment.
15 (c) No officer, board, commission, or other public
16 entity charged with the enforcement of codes and ordinances
17 involving a professional engineering project shall accept for
18 filing or approval any technical submissions that do not bear
19 the seal and signature of a professional engineer licensed
20 under this Act.
21 (d) Nothing contained in this Section imposes upon a
22 person licensed under this Act the responsibility for the
23 performance of any of the foregoing functions unless such
24 person specifically contracts to provide it.
25 (Source: P.A. 86-667; 86-1475.)
26 (225 ILCS 325/4) (from Ch. 111, par. 5204)
27 Sec. 4. Definitions. As used in this Act:
28 (a) "Approved engineering curriculum" means an
29 engineering curriculum of 4 academic years or more which
30 meets the standards established by the rules of the
31 Department.
32 (b) "Board" means the State Board of Professional
33 Engineers of the Department of Professional Regulation,
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1 previously known as the Examining Committee.
2 (c) "Department" means the Department of Professional
3 Regulation.
4 (d) "Design professional" means an architect, structural
5 engineer or professional engineer practicing in conformance
6 with the Illinois Architecture Practice Act of 1989, the
7 Structural Engineering Practice Licensing Act of 1989 or the
8 Professional Engineering Practice Act of 1989.
9 (e) "Director" means the Director of Professional
10 Regulation.
11 (f) "Direct supervision/responsible charge" means work
12 prepared under the control of a licensed professional
13 engineer or that work as to which that professional engineer
14 has detailed professional knowledge.
15 (g) "Engineering college" means a school, college,
16 university, department of a university or other educational
17 institution, reputable and in good standing in accordance
18 with rules prescribed by the Department, and which grants
19 baccalaureate degrees in engineering.
20 (h) "Engineering system or facility" means a system or
21 facility whose design is based upon the application of the
22 principles of science for the purpose of modification of
23 natural states of being.
24 (i) "Engineer intern" means a person who is a candidate
25 for licensure as a professional engineer and who has been
26 enrolled as an engineer intern.
27 (j) "Enrollment" means an action by the Department to
28 record those individuals who have met the Board's
29 requirements for an engineer intern.
30 (k) "License" means an official document issued by the
31 Department to an individual, a corporation or a partnership
32 signifying authority to practice.
33 (l) "Negligence in the practice of professional
34 engineering" means the failure to exercise that degree of
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1 reasonable professional skill, judgment and diligence
2 normally rendered by professional engineers in the practice
3 of professional engineering.
4 (m) "Professional engineer" means a person licensed
5 under the laws of the State of Illinois to practice
6 professional engineering.
7 (n) "Professional engineering" means the application of
8 science to the design of engineering systems and facilities
9 using the knowledge, skills, ability and professional
10 judgment developed through professional engineering
11 education, training and experience.
12 (o) "Professional engineering practice" means the
13 consultation on, conception, investigation, evaluation,
14 planning, and design of, and selection of materials and
15 methods to be used in, administration of construction
16 contracts for, or site observation of an engineering system
17 or facility, where such consultation, conception,
18 investigation, evaluation, planning, design, selection,
19 administration, or observation requires extensive knowledge
20 of engineering laws, formulae, materials, practice, and
21 construction methods. A person shall be construed to
22 practice or offer to practice professional engineering,
23 within the meaning and intent of this Act, who practices, or
24 who, by verbal claim, sign, advertisement, letterhead, card,
25 or any other way, is represented to be a professional
26 engineer, or through the use of the initials "P.E." or the
27 title "engineer" or any of its derivations or some other
28 title implies licensure as a professional engineer, or holds
29 himself out as able to perform any service which is
30 recognized as professional engineering practice.
31 Examples of the practice of professional engineering
32 include, but need not be limited to, transportation
33 facilities and publicly owned utilities for a region or
34 community, railroads, railways, highways, subways, canals,
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1 harbors, river improvements; irrigation works; aircraft,
2 airports and landing fields; waterworks, piping systems and
3 appurtenances, sewers, sewage disposal works; plants for the
4 generation of power; devices for the utilization of power;
5 boilers; refrigeration plants, air conditioning systems and
6 plants; heating systems and plants; plants for the
7 transmission or distribution of power; electrical plants
8 which produce, transmit, distribute, or utilize electrical
9 energy; works for the extraction of minerals from the earth;
10 plants for the refining, alloying or treating of metals;
11 chemical works and industrial plants involving the use of
12 chemicals and chemical processes; plants for the production,
13 conversion, or utilization of nuclear, chemical, or radiant
14 energy; forensic engineering, geotechnical engineering
15 including, subsurface investigations; soil classification,
16 geology and geohydrology, incidental to the practice of
17 professional engineering; energy analysis, environmental
18 design, hazardous waste mitigation and control; recognition,
19 measurement, evaluation and control of environmental systems
20 and emissions; automated building management systems; or the
21 provision of professional engineering site observation of the
22 construction of works and engineering systems. Nothing
23 contained in this Section imposes upon a person licensed
24 under this Act the responsibility for the performance of any
25 of the foregoing functions unless such person specifically
26 contracts to provide it.
27 (p) "Project representative" means the professional
28 engineer's representative at the project site who assists in
29 the administration of the construction contract.
30 (q) "Registered" means the same as "licensed" for
31 purposes of this Act.
32 (r) "Related science curriculum" means a 4 year program
33 of study, the satisfactory completion of which results in a
34 Bachelor of Science degree, and which contains courses from
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1 such areas as life, earth, engineering and computer sciences,
2 including but not limited to, physics and chemistry. In the
3 study of these sciences, the objective is to acquire
4 fundamental knowledge about the nature of its phenomena,
5 including quantitative expression, appropriate to particular
6 fields of engineering.
7 (s) "Rules" means those rules promulgated pursuant to
8 this Act.
9 (t) "Seal" means the seal in compliance with Section 14
10 of this Act.
11 (u) "Site observation" is visitation of the construction
12 site for the purpose of reviewing, as available, the quality
13 and conformance of the work to the technical submissions as
14 they relate to design.
15 (v) "Support design professional" means a professional
16 engineer practicing in conformance with the Professional
17 Engineering Practice Act of 1989, who provides services to
18 the design professional who has contract responsibility.
19 (w) "Technical submissions" means designs, drawings, and
20 specifications which establish the standard of quality for
21 materials, workmanship, equipment, and the construction
22 systems, studies, and other technical reports prepared in the
23 course of a design professional's practice.
24 (Source: P.A. 88-372.)
25 (225 ILCS 325/23) (from Ch. 111, par. 5223)
26 Sec. 23. Professional design firm registration.
27 (a) Nothing in this Act shall prohibit the formation,
28 under the provisions of the Professional Service Corporation
29 Act, as amended, of a corporation to practice professional
30 engineering.
31 Any business not formed under the provisions of the
32 Professional Service Corporation Act and not registered as
33 such with the Department, and which includes within its
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1 stated purposes or practices, or holds itself out as
2 available to practice, professional engineering, shall be
3 registered with the Department pursuant to the provisions set
4 forth in this Section.
5 Any sole proprietorship not owned and operated by an
6 Illinois licensed design professional licensed under this Act
7 shall be prohibited from offering professional engineering
8 services to the public. Any sole proprietorship owned and
9 operated by a professional engineer with an active license
10 issued under this Act and conducting or transacting such
11 business under an assumed name in accordance with the
12 provisions of the Assumed Business Name Act shall comply with
13 the registration requirements of a professional design firm.
14 Any sole proprietorship owned and operated by a professional
15 engineer with an active license issued under this Act and
16 conducting or transacting such business under the real name
17 of the sole proprietor is exempt from the registration
18 requirements of a professional design firm. "Illinois
19 licensed design professional" means a person who holds an
20 active license as a professional engineer under this Act, as
21 an architect under the Illinois Architecture Practice Act of
22 1989, or as a structural engineer under the Structural
23 Engineering Practice Licensing Act of 1989.
24 (b) Any professional design firm seeking to be
25 registered pursuant to the provisions of this Section shall
26 not be registered unless one or more managing agents in
27 charge of professional engineering activities in this State
28 are designated by the professional design firm. Each
29 managing agent must at all times maintain a valid, active
30 license to practice professional engineering in Illinois.
31 No individual whose license to practice professional
32 engineering in this State is currently in a suspended or
33 revoked status shall act as a managing agent for a
34 professional design firm.
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1 (c) Any business seeking to be registered under this
2 Section shall make application on a form provided by the
3 Department and shall provide such information as requested by
4 the Department, which shall include, but not be limited to:
5 (1) the name and license number of the person
6 designated as the managing agent in responsible charge of
7 the practice of professional engineering in Illinois. In
8 the case of a corporation, the corporation shall also
9 submit a certified copy of the resolution by the board of
10 directors designating the managing agent. In the case of
11 a limited liability company, the company shall submit a
12 certified copy of either its articles of organization or
13 operating agreement designating the managing agent;
14 (2) the names and license numbers of the directors,
15 in the case of a corporation, the members, in the case of
16 a limited liability company, or general partners, in the
17 case of a partnership;
18 (3) a list of all office locations at which the
19 professional design firm provides professional
20 engineering services to the public; and
21 (4) a list of all assumed names of the business.
22 Nothing in this Section shall be construed to exempt a
23 professional design firm, sole proprietorship, or
24 professional service corporation from compliance with the
25 requirements of the Assumed Business Name Act.
26 It is the responsibility of the professional design firm
27 to provide the Department notice, in writing, of any changes
28 in the information requested on the application.
29 (d) The Department shall issue to each business a
30 certificate of registration to practice professional
31 engineering or offer the services of its licensees in this
32 State upon submittal of a proper application for registration
33 and payment of fees. The expiration date and renewal period
34 for each registration and renewal procedures shall be
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1 established by rule.
2 (e) In the event a managing agent is terminated or
3 terminates his or her status as managing agent of the
4 professional design firm, the managing agent and professional
5 design firm shall notify the Department of this fact in
6 writing, by certified mail, within 10 business days of such
7 termination. Thereafter, the professional design firm, if it
8 has so informed the Department, shall have 30 days in which
9 to notify the Department of the name and license number of a
10 newly designated managing agent. If a corporation, the
11 corporation shall also submit a certified copy of a
12 resolution by the board of directors designating the new
13 managing agent. If a limited liability company, the company
14 shall also submit a certified copy of either its articles of
15 organization or operating agreement designating the new
16 managing agent. The Department may, upon good cause shown,
17 extend the original 30 day period.
18 If the professional design firm has not notified the
19 Department in writing, by certified mail within the specified
20 time, the registration shall be terminated without prior
21 hearing. Notification of termination shall be sent by
22 certified mail to the last known address of the business. If
23 the professional design firm continues to operate and offer
24 professional engineering services after the termination, the
25 Department may seek prosecution under Sections 24, 39, and 40
26 of this Act for the unlicensed practice of professional
27 engineering.
28 (f) No professional design firm shall be relieved of
29 responsibility for the conduct or acts of its agent,
30 employees, members, managers, or officers by reason of its
31 compliance with this Section, nor shall any individual
32 practicing professional engineering be relieved of the
33 responsibility for professional services performed by reason
34 of the individual's employment or relationship with a
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1 professional design firm registered under this Section.
2 (g) Disciplinary action against a professional design
3 firm registered under this Section shall be administered in
4 the same manner and on the same grounds as disciplinary
5 action against a licensed professional engineer. All
6 disciplinary action taken or pending against a corporation or
7 partnership before the effective date of this amendatory Act
8 of 1993 shall be continued or remain in effect without the
9 Department filing separate actions.
10 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
11 (225 ILCS 325/44) (from Ch. 111, par. 5244)
12 Sec. 44. Fund; appropriations; investments; audits.
13 Moneys deposited in the Design Professionals Administration
14 and Investigation Fund shall be appropriated to the
15 Department exclusively for expenses of the Department and the
16 Board in the administration of this Act, the Illinois
17 Professional Land Surveyor Act of 1989, the Illinois
18 Architecture Practice Act, and the Structural Engineering
19 Practice Licensing Act of 1989. The expenses of the
20 Department under this Act shall be limited to the ordinary
21 and contingent expenses of the Design Professionals Dedicated
22 Employees within the Department as established under Section
23 62.1 of the Civil Administrative Code of Illinois and other
24 expenses related to the administration and enforcement of
25 this Act.
26 Moneys from the Fund may also be used for direct and
27 allocable indirect costs related to the public purposes of
28 the Department of Professional Regulation. Moneys in the
29 Fund may be transferred to the Professions Indirect Cost Fund
30 as authorized by Section 61e of the Civil Administrative Code
31 of Illinois.
32 Moneys in the Design Professionals Administration and
33 Investigation Fund may be invested and reinvested with all
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1 earnings received from the investments to be deposited in the
2 Design Professionals Administration and Investigation Fund
3 and used for the same purposes as fees deposited in the Fund.
4 All fines and penalties under Section 24 and Section 39
5 shall be deposited in the Design Professionals Administration
6 and Investigation Fund.
7 Upon the completion of any audit of the Department as
8 prescribed by the Illinois State Auditing Act that audit
9 includes an audit of the Design Professionals Administration
10 and Investigation Fund, the Department shall make the audit
11 report open to inspection by any interested person. The copy
12 of the audit report required to be submitted to the
13 Department by this Section is in addition to copies of audit
14 reports required to be submitted to other State officers and
15 agencies by Section 3-14 of the Illinois State Auditing Act.
16 (Source: P.A. 89-204, eff. 1-1-96.)
17 (225 ILCS 325/47) (from Ch. 111, par. 5247)
18 Sec. 47. Practice of structural engineering or
19 architecture. No professional engineer shall practice either
20 structural engineering as defined in the Structural
21 Engineering Practice Licensing Act of 1989 or architecture as
22 defined in the Illinois Architecture Practice Act of 1989
23 unless he is licensed pursuant to the provisions of either
24 the Structural Engineering Licensing Act of 1989 or the
25 Illinois Architecture Practice Act, respectively.
26 (Source: P.A. 86-667; 86-1475.)
27 Section 45. The Illinois Professional Land Surveyor Act
28 of 1989 is amended by changing Sections 4 and 48 as follows:
29 (225 ILCS 330/4) (from Ch. 111, par. 3254)
30 Sec. 4. Definitions. As used in this Act:
31 (a) "Department" means the Department of Professional
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1 Regulation.
2 (b) "Director" means the Director of Professional
3 Regulation.
4 (c) "Board" means the Land Surveyors Examining Board.
5 (d) "Direct supervision and control" means the personal
6 review by a Licensed Professional Land Surveyor of each
7 survey, including, but not limited to, procurement, research,
8 field work, calculations, preparation of legal descriptions
9 and plats. The personal review shall be of such a nature as
10 to assure the client that the Professional Land Surveyor or
11 the firm for which the Professional Land Surveyor is employed
12 is the provider of the surveying services.
13 (e) "Responsible charge" means an individual responsible
14 for the various components of the land survey operations
15 subject to the overall supervision and control of the
16 Professional Land Surveyor.
17 (f) "Design professional" means a land surveyor,
18 architect, structural engineer, or professional engineer
19 practicing in conformance with this Act, the Illinois
20 Architecture Practice Act of 1989, the Structural Engineering
21 Practice Licensing Act of 1989, or the Professional
22 Engineering Practice Act of 1989.
23 (g) "Professional Land Surveyor" means any person
24 licensed under the laws of the State of Illinois to practice
25 land surveying, as defined by this Act or its rules.
26 (h) "Land Surveyor-in-Training" means any person
27 licensed under the laws of the State of Illinois who has
28 qualified for, taken, and passed an examination in the
29 fundamental land surveyor-in-training subjects as provided by
30 this Act or its rules.
31 (i) "Land surveying experience" means those activities
32 enumerated in Section 5 of this Act, which, when exercised in
33 combination, to the satisfaction of the Board, is proof of an
34 applicant's broad range of training in and exposure to the
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1 prevailing practice of land surveying.
2 (Source: P.A. 86-987; 86-1475.)
3 (225 ILCS 330/48) (from Ch. 111, par. 3298)
4 Sec. 48. Fund, appropriations, investments and audits.
5 The moneys deposited in the Design Professionals
6 Administration and Investigation Fund from fines and fees
7 under this Act shall be appropriated to the Department
8 exclusively for expenses of the Department and the Board in
9 the administration of this Act, the Illinois Architecture
10 Practice Act, the Professional Engineering Practice Act of
11 1989, and the Structural Engineering Practice Licensing Act
12 of 1989. The expenses of the Department under this Act shall
13 be limited to the ordinary and contingent expenses of the
14 Design Professionals Dedicated Employees within the
15 Department as established under Section 62.1 of the Civil
16 Administrative Code of Illinois and other expenses related to
17 the administration and enforcement of this Act.
18 Moneys from the Fund may also be used for direct and
19 allocable indirect costs related to the public purposes of
20 the Department of Professional Regulation. Moneys in the
21 Fund may be transferred to the Professions Indirect Cost Fund
22 as authorized by Section 61e of the Civil Administrative Code
23 of Illinois.
24 Moneys in the Design Professionals Administration and
25 Investigation Fund may be invested and reinvested with all
26 earnings received from the investments to be deposited in the
27 Design Professionals Administration and Investigation Fund
28 and used for the same purposes as fees deposited in that
29 Fund.
30 Upon the completion of any audit of the Department as
31 prescribed by the Illinois State Auditing Act that includes
32 an audit of the Design Professionals Administration and
33 Investigation Fund, the Department shall make the audit open
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1 to inspection by any interested person. The copy of the
2 audit report required to be submitted to the Department by
3 this Section is in addition to copies of audit reports
4 required to be submitted to other State officers and agencies
5 by Section 3-14 of the Illinois State Auditing Act.
6 (Source: P.A. 89-204, eff. 1-1-96.)
7 Section 50. The Structural Engineering Licensing Act of
8 1989 is amended by changing Sections 2, 4, 6, 7, 8, 9, 10,
9 11, 12, 16, 17, 19, and 20 and adding Section 14.5 as
10 follows:
11 (225 ILCS 340/2) (from Ch. 111, par. 6602)
12 Sec. 2. This Act shall be known and may be cited as the
13 Structural Engineering Practice Licensing Act of 1989.
14 (Source: P.A. 86-711.)
15 (225 ILCS 340/4) (from Ch. 111, par. 6604)
16 Sec. 4. In this Act:
17 (a) "Department" means the Department of Professional
18 Regulation.
19 (b) "Director" means the Director of the Department of
20 Professional Regulation.
21 (c) "Board" means the Structural Engineering Board
22 appointed by the Director.
23 (d) "Negligence in the practice of structural
24 engineering" means the failure to exercise that degree of
25 reasonable professional skill, judgment and diligence
26 normally rendered by structural engineers in the practice of
27 structural engineering.
28 (e) "Structural engineer intern" means a person who is a
29 candidate for licensure as a structural engineer and who has
30 been enrolled as a structural engineer intern.
31 (f) "Structural engineer" means a person licensed under
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1 the laws of the State of Illinois to practice structural
2 engineering.
3 (Source: P.A. 86-711.)
4 (225 ILCS 340/6) (from Ch. 111, par. 6606)
5 Sec. 6. The Department of Professional Regulation shall
6 exercise the following functions, powers and duties subject
7 to the provisions of this Act:
8 (1) Conduct examinations to ascertain the qualifications
9 and fitness of applicants for licensure as licensed
10 structural engineers, and pass upon the qualifications and
11 fitness of applicants for licensure by endorsement.
12 (2) Prescribe rules for a method of examination of
13 candidates.
14 (3) Prescribe rules defining what shall constitute a
15 school, college or university or department of a university,
16 or other institution, reputable and in good standing, and to
17 determine the reputability and good standing of a school,
18 college or other institution reputable and in good standing
19 by reference to a compliance with such rules; provided that
20 no school, college or university, or department of a
21 university or other institution that refuses admittance to
22 applicants, solely on account of race, color, creed, sex,
23 religion, physical or mental handicap unrelated to ability,
24 or national origin shall be considered reputable and in good
25 standing.
26 (3.5) Register corporations, partnerships, professional
27 service corporations, limited liability companies, and sole
28 proprietorships for the practice of structural engineering
29 and issue a license to those who qualify.
30 (4) Investigate complaints, conduct oral interviews,
31 disciplinary conferences, and formal evidentiary hearings on
32 proceedings to refuse to issue, renew or restore, or to
33 suspend or revoke a license, or to place on probation or
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1 reprimand a licensee for reasons set forth in Section 20 of
2 this Act.
3 (5) Formulate rules necessary to carry out the
4 provisions of this Act.
5 (6) Maintain membership in a national organization that
6 provides an acceptable structural engineering examination and
7 participate in activities of the organization by designation
8 of individuals for the various classifications of membership
9 and the appointment of delegates for attendance at regional
10 and national meetings of the organization. All costs
11 associated with membership and attendance of such delegates
12 to any national meetings may be funded from the Design
13 Professionals Administration and Investigation Fund.
14 Prior to issuance of any final decision or order that
15 deviates from any report or recommendation of the Board
16 relating to the qualification of applicants, discipline of
17 licensees or registrants, or promulgation of rules, the
18 Director shall notify the Board and the Secretary of State in
19 writing with an explanation of any such deviation and provide
20 a reasonable time for the Board to submit written comments to
21 the Director regarding the proposed action. In the event
22 that the Board fails or declines to submit such written
23 comments within 30 days of said notification, the Director
24 may issue a final decision or order consistent with the
25 Director's original decision.
26 None of these functions, powers or duties shall be
27 exercised by the Department of Professional Regulation except
28 upon the action and report in writing of the Board.
29 (Source: P.A. 86-711.)
30 (225 ILCS 340/7) (from Ch. 111, par. 6607)
31 Sec. 7. The Director shall appoint a Structural
32 Engineering Board which shall consist of 6 members. Five
33 members shall be Illinois licensed structural engineers, who
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1 have been engaged in the practice of structural engineering
2 for a minimum of 10 years, and one shall be a public member.
3 The public member shall be a voting member and shall not hold
4 a license as an architect, professional engineer, structural
5 engineer or land surveyor.
6 Members shall serve 5 year terms and until their
7 successors are appointed and qualified, except that of the
8 initial appointments, 2 members shall be appointed to serve
9 for one year, 2 shall be appointed to serve for 2 years and 2
10 shall be appointed to serve for 3 years and until their
11 successors are appointed and qualified.
12 In making the designation of persons to act, the Director
13 shall give due consideration to recommendations by members of
14 the profession and by organizations of the structural
15 engineering profession.
16 The membership of the Board should reasonably reflect
17 representation from the geographic areas in this State.
18 No member shall be reappointed to the Board for a term
19 which would cause his or her continuous service on the Board
20 to be longer than 10 successive years. Service prior to the
21 effective date of this Act shall not be considered in
22 calculating length of service.
23 Appointments to fill vacancies shall be made in the same
24 manner as original appointments, for the unexpired portion of
25 the vacated term. Initial terms under this Act shall begin
26 upon the expiration of the terms of Committee members
27 appointed under The Illinois Structural Engineering Act.
28 Persons holding office as members of the Board Committee
29 under this the Illinois Structural Engineering Act on the
30 effective date of this Act shall serve as members of the
31 Board Committee under this Act until the expiration of the
32 term for which they were appointed and until their successors
33 are appointed and qualified under this Act.
34 A quorum of the Board shall consist of a majority of
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1 Board members appointed. A majority of the quorum is
2 required for Board decisions. Four members shall constitute a
3 quorum of Board members. The Chairman shall only vote on all
4 matters to come before the Board in the case of a tie vote.
5 The Director may terminate the appointment of any member
6 for cause which in the opinion of the Director reasonably
7 justifies such termination, which may include, but is not
8 limited to, a Board member who does not attend 2 consecutive
9 meetings.
10 Notice of proposed rulemaking shall be transmitted to the
11 Board and the Department shall review the response of the
12 Board and any recommendations made therein. The Department
13 may, at any time, seek the expert advice and knowledge of the
14 Board on any matter relating to the administration or
15 enforcement of this Act.
16 Members of the Board shall be immune from suit in any
17 action based upon any disciplinary proceedings or other
18 activities performed in good faith as members of the Board.
19 Whenever the Director is not satisfied that substantial
20 justice has been done in an examination, the Director may
21 order a reexamination by the same or other examiners.
22 (Source: P.A. 86-711; 87-756.)
23 (225 ILCS 340/8) (from Ch. 111, par. 6608)
24 Sec. 8. The Board has the following powers and duties:
25 (a) The Board shall hold at least 3 regular meetings
26 each year;
27 (b) The Board shall annually elect a Chairperson and a
28 Vice Chairperson, both of whom chairman who shall be Illinois
29 a licensed structural engineers engineer;
30 (c) The Board, upon request by the Department, may make
31 a curriculum evaluation to determine if courses conform to
32 requirements of approved engineering programs;
33 (d) The Department may at any time seek the expert
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1 advice and knowledge of the Board on any matter relating to
2 the enforcement of this Act;
3 (e) The Board may appoint a subcommittee to serve as a
4 Complaint Committee to recommend the disposition of case
5 files according to procedures established by rule;
6 (f) The Board shall assist the Department in conducting
7 oral interviews, disciplinary conferences, and formal
8 evidentiary hearings; and
9 (g) The Board shall review applicant qualifications to
10 sit for the examination or for licensure and shall make
11 recommendations to the Department, and. the Department shall
12 review the Board's recommendations on applicant
13 qualifications; and. Prior to issuance of any final decision
14 or order which deviates from any report or recommendation of
15 the Board relating to the qualification of applicants,
16 discipline of licensees or registrants, or promulgation of
17 rules, the Director shall notify the Board and the Secretary
18 of State in writing with an explanation of any such deviation
19 and provide a reasonable time for the Board to submit written
20 comments to the Director regarding the proposed action. In
21 the event that the Board fails or declines to submit such
22 written comments within 30 days of said notification, the
23 Director may issue a final decision or order consistent with
24 the Director's original decision.
25 (h) The Board shall submit written comments to the
26 Director within 30 days from notification of any final
27 decision or order from the Director that deviates from any
28 report or recommendation of the Board relating to the
29 qualification of applicants, discipline of licensees or
30 registrants, or promulgation of rules.
31 (Source: P.A. 88-428.)
32 (225 ILCS 340/9) (from Ch. 111, par. 6609)
33 Sec. 9. Applications for original licenses shall be made
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1 to the Department in writing on forms prescribed by the
2 Department and shall be accompanied by the required fee,
3 which is not refundable. The application shall require such
4 information as in the judgment of the Department will enable
5 the Department to pass on the qualifications of the applicant
6 for a license. The Department may require an applicant, at
7 the applicant's expense, to have an evaluation of the
8 applicant's education in a foreign county by a nationally
9 recognized educational body approved by the Board in
10 accordance with rules prescribed by the Department.
11 An applicant who graduated from a structural engineering
12 program outside the United States or its territories and
13 whose first language is not English shall submit
14 certification of passage of the Test of English as a Foreign
15 Language (TOEFL) and the Test of Spoken English (TSE) as
16 defined by rule before taking the licensure examination.
17 (Source: P.A. 89-594, eff. 8-1-96.)
18 (225 ILCS 340/10) (from Ch. 111, par. 6610)
19 Sec. 10. The Department shall authorize examinations of
20 applicants as structural engineers at such times and places
21 as it may determine. The examination of applicants shall be
22 of a character to give a fair test of the qualifications of
23 the applicant to practice structural engineering.
24 Applicants for examination as structural engineers are
25 required to pay, either to the Department or the designated
26 testing service, a fee covering the cost of providing the
27 examination. Failure to appear for the examination on the
28 scheduled date, at the time and place specified, after the
29 applicant's application for examination has been received and
30 acknowledged by the Department or the designated testing
31 service, shall result in the forfeiture of the examination
32 fee.
33 If an applicant neglects, fails without an approved
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1 excuse or refuses to take the next available examination
2 offered for licensure under this Act, the fee paid by the
3 applicant shall be forfeited to the Department and the
4 application denied. If an applicant fails to pass an
5 examination for a licensure under this Act within 3 years
6 after filing the application, the application shall be
7 denied. However, such applicant may thereafter make a new
8 application for examination accompanied by the required fee,
9 and must furnish proof of meeting the qualifications for
10 examination in effect at the time of new application.
11 An applicant has one year from the date of notification
12 of successful completion of the examination to apply to the
13 Department for a license. If an applicant fails to apply
14 within one year, the applicant shall be required to again
15 take and pass the examination unless licensed in another
16 jurisdiction of the United States within one year of passing
17 the examination.
18 (Source: P.A. 86-711.)
19 (225 ILCS 340/11) (from Ch. 111, par. 6611)
20 Sec. 11. A person is qualified for enrollment licensure
21 as a structural engineer intern or licensure as a structural
22 engineer if that person has applied in writing in form and
23 substance satisfactory to the Department and:
24 (a) The applicant is of good moral character. In
25 determining moral character under this Section, the
26 Department may take into consideration whether the applicant
27 has engaged in conduct or actions that would constitute
28 grounds for discipline under this Act. any felony conviction
29 of the applicant, but such a conviction shall not operate as
30 an absolute bar to licensure;
31 (a-5) The applicant, if a structural engineer intern
32 applicant, has met the minimum standards for enrollment as a
33 structural engineer intern, which are as follows:
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1 (1) is a graduate of an approved engineering
2 curriculum of at least 4 years meeting the requirements
3 as set forth by rule and passes a nominal 8-hour written
4 examination in the fundamentals of engineering; or
5 (2) is a graduate of a related science curriculum
6 of at least 4 years meeting the requirements as set forth
7 by rule and passes a nominal 8-hour written examination
8 in the fundamentals of engineering.
9 (b) The applicant, if a structural engineer applicant,
10 has met the minimum standards for licensure as a structural
11 engineer, which are as follows:
12 (1) is a graduate of an approved engineering
13 curriculum of at least 4 years meeting the requirements
14 as set forth by rule and submits evidence acceptable to
15 the Department of an additional 4 years or more of
16 experience in structural engineering work of a grade and
17 character which indicates that the individual may be
18 competent to practice structural engineering as set forth
19 by rule; or
20 (2) is a graduate of an approved related science
21 curriculum of at least 4 years meeting the requirements
22 as set forth by rule who submits evidence acceptable to
23 the Department of an additional 8 years or more of
24 progressive experience in structural engineering work of
25 a grade and character which indicates that the individual
26 may be competent to practice structural engineering as
27 set forth by rule.; and
28 (c) The applicant, if a structural engineer applicant,
29 has passed an examination conducted by the Department to
30 determine his or her fitness to receive a license as a
31 Structural Engineer.
32 (Source: P.A. 86-711.)
33 (225 ILCS 340/12) (from Ch. 111, par. 6612)
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1 Sec. 12. Every holder of a license as a structural
2 engineer shall display it in a conspicuous place in the
3 holder's principal office, place of business or employment.
4 Every licensed structural engineer shall have a
5 reproducible seal or facsimile, the print of which shall
6 contain the name, place of business and license number of the
7 structural engineer, and the words "Licensed Structural
8 Engineer," "State of Illinois." The licensed structural
9 engineer shall stamp with this seal all plans, drawings, and
10 specifications prepared by or under the engineer's
11 supervision.
12 A licensed structural engineer may seal documents not
13 produced by the licensed structural engineer when the
14 documents have either been produced by others working under
15 the licensed structural engineer's personal supervision and
16 control or when the licensed structural engineer has
17 sufficiently reviewed the documents to ensure that they have
18 met the standards of reasonable professional skill and
19 diligence. In reviewing the work of others, the licensed
20 structural engineer shall, where necessary, do calculations
21 recalculations, redesign, or any other work necessary to be
22 done to meet such standards and should retain evidence of
23 having done such review. The documents sealed by the
24 licensed structural engineer shall be of no lesser quality
25 than if they had been produced by the licensed structural
26 engineer. The licensed structural engineer who seals the work
27 of others is obligated to provide sufficient supervision and
28 review of such work so that the public is protected.
29 The licensed structural engineer shall affix the
30 signature, current date, date of license expiration and seal
31 to the first sheet of any bound set or loose sheets prepared
32 by the licensed structural engineer or under that licensed
33 structural engineer's immediate supervision.
34 (Source: P.A. 86-711.)
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1 (225 ILCS 340/14.5 new)
2 Sec. 14.5. Continuing education. The Department may
3 promulgate rules of continuing education for persons licensed
4 under this Act. The Department shall consider the
5 recommendations of the Board in establishing the guidelines
6 for the continuing education requirements. The requirements
7 of this Section apply to any person seeking renewal or
8 restoration under Section 14 or 15 of this Act.
9 (225 ILCS 340/16) (from Ch. 111, par. 6616)
10 Sec. 16. The Department may, in its discretion, license
11 as a structural engineer upon, without examination on payment
12 of the required fee, an applicant who is a structural
13 engineer licensed under the laws of another state or
14 territory, or of another country, if the requirements for
15 licensure in the state, territory or country were, at the
16 date of licensure, substantially equivalent to the
17 requirements in force in this State on that date.
18 Applicants have 3 years from the date of application to
19 complete the application process. If the process has not
20 been completed in 3 years, the application shall be denied,
21 the fee forfeited and the applicant must reapply and meet the
22 requirements in effect at the time of reapplication.
23 (Source: P.A. 86-711.)
24 (225 ILCS 340/17) (from Ch. 111, par. 6617)
25 Sec. 17. Fees.
26 (a) The Department shall provide by rule for a schedule
27 of fees to be paid for licenses by all applicants. All fees
28 are not refundable.
29 (b) The fees for the administration and enforcement of
30 the Act, including but not limited to original licensure,
31 renewal, and restoration, shall be set by rule by the
32 Department.
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1 (c) All fees and fines collected shall be deposited in
2 the Design Professionals Administration and Investigation
3 Fund. Of the moneys deposited into the Design Professionals
4 Administration and Investigation Fund, the Department may use
5 such funds as necessary and available to produce and
6 distribute newsletters to persons licensed under this Act.
7 (a) The following fees are not refundable:
8 (1) The fee for application for a license is $100.
9 (2) In addition, applicants for any examination
10 shall be required to pay, either to the Department or to
11 the designated testing service, a fee covering the cost
12 of determining an applicant's eligibility and providing
13 the examination. Failure to appear for the examination on
14 the scheduled date, at the time and place specified,
15 after the applicant's application for each examination
16 has been received and acknowledged by the Department or
17 the designated testing service, shall result in the
18 forfeiture of the examination fee.
19 (3) The fee for a license for a structural engineer
20 registered or licensed under the laws of another state or
21 territory of the United States, or a foreign country or
22 province is $100.
23 (4) The fee for the renewal of a license shall be
24 $60.
25 (5) The fee for the restoration of a license other
26 than from inactive status is $10 plus payment of all
27 lapsed renewal fees.
28 (6) The fee for application for a certificate of
29 registration as a professional design firm is $75.
30 (7) The fee for renewal of a certificate of
31 registration as a professional design firm shall be $75.
32 (b) General fees.
33 (1) The fee for the issuance of a license, for the
34 issuance of a replacement license for a license which has
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1 been lost or destroyed or for the issuance of a license
2 with a change of name or address other than during the
3 renewal period is $20. No fee is required for name and
4 address changes on Department records when no duplicate
5 license is issued.
6 (2) The fee for a certification of a registrant's
7 record for any purpose is $20.
8 (3) The fee for rescoring an examination is the
9 cost to the Department for rescoring the examination plus
10 any fees charged by the applicable testing service.
11 (4) The fee for a wall certificate showing
12 licensure is the actual cost of producing such
13 certificate.
14 (5) The fee for a roster of persons licensed as
15 structural engineers in this State is the actual cost of
16 producing such a roster.
17 All of the fees collected pursuant to this Section shall
18 be deposited in the Design Professionals Administration and
19 Investigation Fund.
20 (c) Any person who delivers a check or other payment to
21 the Department that is returned to the Department unpaid by
22 the financial institution upon which it is drawn shall pay to
23 the Department, in addition to the amount already owed to the
24 Department, a fine of $50. If the check or other payment was
25 for a renewal or issuance fee and that person practices
26 without paying the renewal fee or issuance fee and the fine
27 due, an additional fine of $100 shall be imposed. The fines
28 imposed by this Section are in addition to any other
29 discipline provided under this Act for unlicensed practice or
30 practice on a nonrenewed license. The Department shall notify
31 the person that payment of fees and fines shall be paid to
32 the Department by certified check or money order within 30
33 calendar days of the notification. If, after the expiration
34 of 30 days from the date of the notification, the person has
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1 failed to submit the necessary remittance, the Department
2 shall automatically terminate the license or certificate or
3 deny the application, without hearing. If, after termination
4 or denial, the person seeks a license or certificate, he or
5 she shall apply to the Department for restoration or issuance
6 of the license or certificate and pay all fees and fines due
7 to the Department. The Department may establish a fee for the
8 processing of an application for restoration of a license or
9 certificate to pay all expenses of processing this
10 application. The Director may waive the fines due under this
11 Section in individual cases where the Director finds that the
12 fines would be unreasonable or unnecessarily burdensome.
13 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
14 (225 ILCS 340/19) (from Ch. 111, par. 6619)
15 Sec. 19. Professional design firm registration;
16 conditions.
17 (a) Nothing in this Act prohibits the formation, under
18 the provisions of the Professional Service Corporation Act,
19 as amended, of a corporation to practice structural
20 engineering.
21 Any business, including a Professional Service
22 Corporation, that not formed under the provisions of the
23 Professional Service Corporation Act and not registered as
24 such with the Department, and which includes within its
25 stated purposes, practices, or holds itself out as available
26 to practice, structural engineering, shall be registered with
27 the Department pursuant to the provisions of this Section.
28 Any sole proprietorship not owned and operated by an
29 Illinois licensed design professional licensed under this Act
30 shall be prohibited from offering structural engineering
31 services to the public. "Illinois licensed design
32 professional" means a person who holds an active license as a
33 structural engineer under this Act, as an architect under the
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1 Illinois Architecture Practice Act of 1989, or as a
2 professional engineer under the Professional Engineering
3 Practice Act of 1989. Any sole proprietorship owned and
4 operated by a structural engineer with an active license
5 issued under this Act and conducting or transacting such
6 business under an assumed name in accordance with the
7 provisions of the Assumed Business Name Act shall comply with
8 the registration requirements of a professional design firm.
9 Any sole proprietorship owned and operated by a structural
10 engineer with an active license issued under this Act and
11 conducting or transacting such business under the real name
12 of the sole proprietor is exempt from the registration
13 requirements of a professional design firm.
14 Any partnership which includes within its purpose,
15 practices, or holds itself out as available to practice
16 structural engineering, shall register with the Department
17 pursuant to the provisions set forth in this Section.
18 (b) Any professional design firm seeking to be
19 registered under the provisions of this Section shall not be
20 registered unless a managing agent in charge of structural
21 engineering activities in this State is designated by the
22 professional design firm. A managing agent must at all times
23 maintain a valid, active license to practice structural
24 engineering in Illinois.
25 No individual whose license to practice structural
26 engineering in this State is currently in a suspended or
27 revoked status shall act as a managing agent for a
28 professional design firm.
29 (c) No business shall practice or hold itself out as
30 available to practice structural engineering until it is
31 registered with the Department.
32 (d) Any business seeking to be registered under this
33 Section shall apply for a certificate of registration on a
34 form provided by the Department and shall provide such
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1 information as requested by the Department, which shall
2 include but shall not be limited to:
3 (1) the name and license number of the person
4 designated as the managing agent in responsible charge of
5 the practice of structural engineering in Illinois. In
6 the case of a corporation, the corporation shall also
7 submit a certified copy of the resolution by the board of
8 directors designating the managing agent. In the case of
9 a limited liability company, the company shall submit a
10 certified copy of either its articles of organization or
11 operating agreement designating the managing agent;
12 (2) the names and license numbers of the directors,
13 in the case of a corporation, the members, in the case of
14 a limited liability company, or general partners, in the
15 case of a partnership;
16 (3) a list of all locations at which the
17 professional design firm provides structural engineering
18 services to the public; and
19 (4) A list of all assumed names of the business.
20 Nothing in this Section shall be construed to exempt a
21 professional design firm, sole proprietorship, or
22 professional service corporation from compliance with the
23 requirements of the Assumed Business Name Act.
24 It shall be the responsibility of the professional design
25 firm to provide the Department notice, in writing, of any
26 changes in the information requested on the application.
27 (e) In the event a managing agent is terminated or
28 terminates his status as managing agent of the professional
29 design firm, such managing agent and professional design firm
30 shall notify the Department of this fact in writing, by
31 certified mail, within 10 business days of such termination.
32 Thereafter, the professional design firm, if it has so
33 informed the Department, shall have 30 days in which to
34 notify the Department of the name and registration number of
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1 a newly designated managing agent. If a corporation, the
2 corporation shall also submit a certified copy of a
3 resolution by the board of directors designating the new
4 managing agent. If a limited liability company, the company
5 shall also submit a certified copy of either its articles of
6 organization or operating agreement designating the new
7 managing agent. The Department may, upon good cause shown,
8 extend the original 30 day period.
9 If the professional design firm fails to notify the
10 Department in writing by certified mail within the specified
11 time, the registration shall be terminated without prior
12 hearing. Notification of termination shall be sent by
13 certified mail to the last known address of the business. If
14 the professional design firm continues to operate and offer
15 structural engineering services after the termination, the
16 Department may seek prosecution under Sections 20, 34, and
17 34a of this Act for the unlicensed practice of structural
18 engineering.
19 (f) No professional design firm shall be relieved of
20 responsibility for the conduct or acts of its agents,
21 employees, members, managers, or officers by reason of its
22 compliance with this Section, nor shall any individual
23 practicing structural engineering be relieved of the
24 responsibility for professional services performed by reason
25 of the individual's employment or relationship with a
26 professional design firm registered under this Section.
27 (g) Disciplinary action against a professional design
28 firm registered under this Section shall be administered in
29 the same manner and on the same grounds as disciplinary
30 action against a licensed structural engineer. All
31 disciplinary action taken or pending against a corporation or
32 partnership before the effective date of this amendatory Act
33 of 1993 shall be continued or remain in effect without the
34 Department filing separate actions.
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1 It is unlawful for any person to practice, or to attempt
2 to practice, structural engineering, without being licensed
3 under this Act. It is unlawful for any business not subject
4 to the sole proprietorship exemption to offer or provide
5 structural engineering services without active registration
6 issued by the Department as a professional design firm or
7 professional service corporation.
8 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
9 (225 ILCS 340/20) (from Ch. 111, par. 6620)
10 Sec. 20. (a) The Department may, singularly or in
11 combination, refuse to issue, renew, or restore, or may
12 suspend or revoke any license or certificate of registration,
13 or may place on probation, reprimand, or fine, with a civil
14 penalty not to exceed $10,000 for each violation, any person,
15 corporation, partnership, or professional design firm
16 registered or licensed under this Act for any of the
17 following reasons:
18 (1) Material misstatement in furnishing information
19 to the Department;
20 (2) Negligence, incompetence or misconduct in the
21 practice of structural engineering;
22 (3) Making any misrepresentation for the purpose of
23 obtaining licensure;
24 (4) The affixing of a licensed structural
25 engineer's seal to any plans, specifications or drawings
26 which have not been prepared by or under the immediate
27 personal supervision of that licensed structural engineer
28 or reviewed as provided in this Act;
29 (5) Conviction of any crime under the laws of the
30 United States, or any state or territory thereof, which
31 is a felony, whether related to the practice of
32 Structural Engineering or not, or conviction of any
33 crime, whether a felony, misdemeanor, or otherwise, an
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1 essential element of which is dishonesty, or which is
2 directly related to the practice of structural
3 engineering;
4 (6) Making a statement of compliance pursuant to
5 the Environmental Barriers Act, as now or hereafter
6 amended, that a plan for construction or alteration of a
7 public facility or for construction of a multi-story
8 housing unit is in compliance with the Environmental
9 Barriers Act when such plan is not in compliance;
10 (7) Failure to comply with any of the provisions of
11 this Act or its rules;
12 (8) Aiding or assisting another person in violating
13 any provision of this Act or its rules;
14 (9) Engaging in dishonorable, unethical or
15 unprofessional conduct of a character likely to deceive,
16 defraud or harm the public, as defined by rule;
17 (10) Habitual intoxication or addiction to the use
18 of drugs;
19 (11) A finding by the Board that an applicant or
20 licensee has failed to pay a fine imposed by the
21 Department or a licensee whose license has been placed on
22 probationary status, has violated the terms of probation;
23 (12) Discipline by another state, territory,
24 foreign country, the District of Columbia, the United
25 States government, or any other governmental agency, if
26 at least one of the grounds for discipline is the same or
27 substantially equivalent to those set forth in this
28 Section;
29 (13) Failure to provide information in response to
30 a written request made by the Department within 30 days
31 after the receipt of such written request; or
32 (14) Physical illness, which results in the
33 inability to practice the profession of structural
34 engineering with reasonable judgment, skill or safety; or
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1 including, but not limited to, deterioration through the
2 aging process or loss of motor skill.
3 (a-5) In enforcing this Section, the Board upon a
4 showing of a possible violation may compel a person licensed
5 to practice under this Act, or who has applied for licensure
6 or certification pursuant to this Act, to submit to a mental
7 or physical examination, or both, as required by and at the
8 expense of the Department. The examining physicians shall be
9 those specifically designated by the Board. The Board or the
10 Department may order the examining physician to present
11 testimony concerning this mental or physical examination of
12 the licensee or applicant. No information shall be excluded
13 by reason of any common law or statutory privilege relating
14 to communications between the licensee or applicant and the
15 examining physician. The person to be examined may have, at
16 his or her own expense, another physician of his or her
17 choice present during all aspects of the examination.
18 Failure of any person to submit to a mental or physical
19 examination, when directed, shall be grounds for suspension
20 of a license until the person submits to the examination if
21 the Board finds, after notice and hearing, that the refusal
22 to submit to the examination was without reasonable cause.
23 If the Board finds a person unable to practice because of
24 the reasons set forth in this Section, the Board may require
25 that person to submit to care, counseling, or treatment by
26 physicians approved or designated by the Board as a
27 condition, term, or restriction for continued, reinstated, or
28 renewed licensure to practice; or, in lieu of care,
29 counseling, or treatment, the Board may recommend to the
30 Department to file a complaint to immediately suspend,
31 revoke, or otherwise discipline the license of the person.
32 Any person whose license was granted, continued, reinstated,
33 renewed, disciplined, or supervised subject to such terms,
34 conditions, or restrictions and who fails to comply with such
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1 terms, conditions, or restrictions shall be referred to the
2 Director for a determination as to whether the person shall
3 have his or her license suspended immediately, pending a
4 hearing by the Board.
5 (b) The determination by a circuit court that a licensee
6 is subject to involuntary admission or judicial admission, as
7 provided in the Mental Health and Developmental Disabilities
8 Code, operates as an automatic suspension. Such suspension
9 will end only upon a finding by a court that the patient is
10 no longer subject to involuntary admission or judicial
11 admission, the issuance of an order so finding and
12 discharging the patient, and the recommendation of the Board
13 to the Director that the licensee be allowed to resume
14 practice.
15 The Department may refuse to issue, or may suspend, the
16 license of any person who fails to file a return, or to pay
17 the tax, penalty or interest shown in a filed return, or to
18 pay any final assessment of tax, penalty or interest, as
19 required by any tax Act administered by the Illinois
20 Department of Revenue, until such time as the requirements of
21 such tax Act are satisfied.
22 Persons who assist the Department as consultants or
23 expert witnesses in the investigation or prosecution of
24 alleged violations of the Act, licensure matters, restoration
25 proceedings, or criminal prosecutions, are not liable for
26 damages in any civil action or proceeding as a result of such
27 assistance, except upon proof of actual malice. The Attorney
28 General of the State of Illinois shall defend such persons in
29 any such action or proceeding.
30 (Source: P.A. 88-428.)
31 Section 55. The Private Detective, Private Alarm,
32 Private Security, and Locksmith Act of 1993 is amended by
33 changing Section 30 as follows:
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1 (225 ILCS 446/30)
2 Sec. 30. Exemptions.
3 (a) This Act does not apply to:
4 (1) An officer or employee of the United States,
5 this State, or any political subdivision of either while
6 the officer or employee is engaged in the performance of
7 his or her official duties within the course and scope of
8 his or her employment with the United States, this State,
9 or any political subdivision of either. However, any
10 person who offers his or her services as a private
11 detective or private security contractor, or any title
12 when similar services are performed for compensation,
13 fee, or other valuable consideration, whether received
14 directly or indirectly, is subject to this Act and its
15 licensing requirements.
16 (2) An attorney-at-law licensed to practice in
17 Illinois while engaging in the practice of law.
18 (3) A person engaged exclusively in the business of
19 obtaining and furnishing information as to the financial
20 rating or credit worthiness of persons; and a person who
21 provides consumer reports in connection with:
22 (i) Credit transactions involving the consumer
23 on whom the information is to be furnished and
24 involving the extensions of credit to the consumer.
25 (ii) Information for employment purposes.
26 (iii) Information for the underwriting of
27 insurance involving the consumer.
28 (4) Insurance adjusters legally employed or under
29 contract as adjusters and who engage in no other
30 investigative activities other than those directly
31 connected with adjustment of claims against an insurance
32 company or self-insured by which they are employed or
33 with which they have a contract. No insurance adjuster
34 or company may utilize the term "investigation" or any
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1 derivative thereof in its company name or in its
2 advertising other than for the handling of insurance
3 claims.
4 For the purposes of this Code, "insurance adjuster"
5 includes any person expressly authorized to act on behalf
6 of an insurance company or self-insured and any employee
7 thereof who acts or appears to act on behalf of the
8 insurance company or self-insured in matters relating to
9 claims, including but not limited to independent
10 contractors while performing claim services at the
11 direction of the company.
12 (5) A person engaged exclusively and employed by a
13 person, firm, association, or corporation in the business
14 of transporting persons or property in interstate
15 commerce and making an investigation related to the
16 business of that employer.
17 (6) Any person, watchman, or guard employed
18 exclusively and regularly by one employer in connection
19 with the affairs of that employer only and there exists
20 an employer/employee relationship.
21 (7) Any law enforcement officer, as defined in the
22 Illinois Police Training Act, who has successfully
23 completed the requirements of basic law enforcement and
24 firearms training as prescribed by the Illinois Law
25 Enforcement Training Standards Board, employed by an
26 employer in connection with the affairs of that employer,
27 provided he or she is exclusively employed by the
28 employer during the hours or times he or she is scheduled
29 to work for that employer, and there exists an employer
30 and employee relationship.
31 In this subsection an "employee" is a person who is
32 employed by an employer who has the right to control and
33 direct the employee who performs the services in
34 question, not only as to the result to be accomplished by
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1 the work, but also as to the details and means by which
2 the result is to be accomplished; and an "employer" is
3 any person or entity, with the exception of a private
4 detective, private detective agency, private security
5 contractor, private security contractor agency, private
6 alarm contractor, or private alarm contractor agency,
7 whose purpose it is to hire persons to perform the
8 business of a private detective, private detective
9 agency, private security contractor, private security
10 contractor agency, private alarm contractor, or private
11 alarm contractor agency.
12 (8) A person who sells burglar alarm systems and
13 does not install, monitor, maintain, alter, repair,
14 service, or respond to burglar alarm systems at protected
15 premises or premises to be protected, provided:
16 (i) The burglar alarm systems are
17 approved either by Underwriters Laboratories or
18 another authoritative source recognized by the
19 Department and are identified by a federally
20 registered trademark.
21 (ii) The owner of the trademark has
22 expressly authorized the person to sell the
23 trademark owner's products, and the person
24 provides proof of this authorization upon the
25 request of the Department.
26 (iii) The owner of the trademark
27 maintains, and provides upon the Department's
28 request, a certificate evidencing insurance for
29 bodily injury or property damage arising from
30 faulty or defective products in an amount not
31 less than $1,000,000 combined single limit;
32 provided that the policy of insurance need not
33 relate exclusively to burglar alarm systems.
34 (9) A person who sells, installs, maintains, or
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1 repairs automobile alarm systems.
2 (9-5) A person, firm, or corporation engaged solely
3 and exclusively in tracing and compiling lineage or
4 ancestry.
5 (b) Nothing in this Act prohibits any of the following:
6 (A) Servicing, installing, repairing, or rebuilding
7 automotive locks by automotive service dealers, as long
8 as they do not hold themselves out to the public as
9 locksmiths.
10 (B) Police, fire, or other municipal employees from
11 opening a lock in an emergency situation, as long as they
12 do not hold themselves out to the public as locksmiths.
13 (C) Any merchant or retail or hardware store from
14 duplicating keys, from installing, servicing, repairing,
15 rebuilding, reprogramming, or maintaining electronic
16 garage door devices or from selling locks or similar
17 security accessories not prohibited from sale by the
18 State of Illinois, as long as they do not hold themselves
19 out to the public as locksmiths.
20 (D) The installation or removal of complete locks
21 or locking devices by members of the building trades when
22 doing so in the course of residential or commercial new
23 construction or remodeling, as long as they do not hold
24 themselves out to the public as locksmiths.
25 (E) The employees of towing services, repossessors,
26 or auto clubs from opening automotive locks in the normal
27 course of their duties, as long as they do not hold
28 themselves out to the public as locksmiths. Additionally,
29 this Act shall not prohibit employees of towing services
30 from opening motor vehicle locks to enable a vehicle to
31 be moved without towing, provided that the towing service
32 does not hold itself out to the public, by yellow page
33 advertisement, through a sign at the facilities of the
34 towing service, or by any other advertisement, as a
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1 locksmith.
2 (F) The practice of locksmithing by students in the
3 course of study in programs approved by the Department,
4 provided that the students do not hold themselves out to
5 the public as locksmiths.
6 (G) Servicing, installing, repairing, or rebuilding
7 locks by a lock manufacturer or anyone employed by a lock
8 manufacturer, as long as they do not hold themselves out
9 to the public as locksmiths.
10 (H) The provision of any of the products or
11 services in the practice of locksmithing as identified in
12 Section 5 of this Act by a business licensed by the State
13 of Illinois as a private alarm contractor or private
14 alarm contractor agency, as long as the principal purpose
15 of the services provided to a customer is not the
16 practice of locksmithing and the business does not hold
17 itself out to the public as a locksmith agency.
18 (I) Any maintenance employee of a property
19 management company at a multi-family residential building
20 from servicing, installing, repairing, or opening locks
21 for tenants as long as the maintenance employee does not
22 hold himself or herself out to the public as a locksmith.
23 (J) A person, firm, or corporation from engaging in
24 fire protection engineering, including the design,
25 testing, and inspection of fire protection systems.
26 (K) The practice of professional engineering as
27 defined in the Professional Engineering Practice Act of
28 1989.
29 (L) The practice of structural engineering as
30 defined in the Structural Engineering Practice Licensing
31 Act of 1989.
32 (M) The practice of architecture as defined in the
33 Illinois Architecture Practice Act of 1989.
34 (N) The activities of persons or firms licensed
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1 under the Illinois Public Accounting Act if performed in
2 the course of their professional practice.
3 (c) This Act does not prohibit any persons legally
4 regulated in this State under any other Act from engaging in
5 the practice for which they are licensed, provided that they
6 do not represent themselves by any title prohibited by this
7 Act.
8 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
9 90-633, eff. 7-24-98.)
10 Section 60. The Professional Geologist Licensing Act is
11 amended by changing Section 20 as follows:
12 (225 ILCS 745/20)
13 Sec. 20. Exemptions. Nothing in this Act shall be
14 construed to restrict the use of the title "geologist" or
15 similar words by any person engaged in a practice of geology
16 exempted under this Act, provided the person does not hold
17 himself or herself out as being a licensed professional
18 geologist or does not practice professional geology in a
19 manner requiring licensure under this Act. Performance of
20 the following activities does not require licensure as a
21 licensed professional geologist under this Act:
22 (a) The practice of professional geology by an employee
23 or a subordinate of a licensee under this Act, provided the
24 work does not include responsible charge of geological work
25 and is performed under the direct supervision of a licensed
26 professional geologist who is responsible for the work.
27 (b) The practice of professional geology by officers and
28 employees of the United States government within the scope of
29 their employment.
30 (c) The practice of professional geology as geologic
31 research to advance basic knowledge for the purpose of
32 offering scientific papers, publications, or other
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1 presentations (i) before meetings of scientific societies,
2 (ii) internal to a partnership, corporation, proprietorship,
3 or government agency, or (iii) for publication in scientific
4 journals, or in books.
5 (d) The teaching of geology in schools, colleges, or
6 universities, as defined by rule.
7 (e) The practice of professional geology exclusively in
8 the exploration for or development of energy resources or
9 base, precious and nonprecious minerals, including sand,
10 gravel, and aggregate, that does not require, by law, rule,
11 or ordinance, the submission of reports, documents, or oral
12 or written testimony to public agencies. Public agencies
13 may, by law or by rule, allow required oral or written
14 testimony, reports, permit applications, or other documents
15 based on the science of geology to be submitted to them by
16 persons not licensed under this Act. Unless otherwise
17 required by State or federal law, public agencies may not
18 require that the geology-based aspects of testimony, reports,
19 permits, or other documents so exempted be reviewed by,
20 approved, or otherwise certified by any person who is not a
21 licensed professional geologist. Licensure is not required
22 for the submission and review of reports or documents or the
23 provision of oral or written testimony made under the Well
24 Abandonment Act, the Illinois Oil and Gas Act, the Surface
25 Coal Mining Land Conservation and Reclamation Act, or the
26 Surface-Mined Land Conservation and Reclamation Act.
27 (f) The practice of professional engineering as defined
28 in the Professional Engineering Practice Act of 1989.
29 (g) The practice of structural engineering as defined in
30 the Structural Engineering Practice Licensing Act of 1989.
31 (h) The practice of architecture as defined in the
32 Illinois Architecture Practice Act of 1989.
33 (i) The practice of land surveying as defined in the
34 Illinois Professional Land Surveyor Act of 1989.
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1 (j) The practice of landscape architecture as defined in
2 the Illinois Landscape Architecture Act of 1989.
3 (Source: P.A. 89-366, eff. 7-1-96.)
4 Section 65. The Environmental Barriers Act is amended by
5 changing Section 7 as follows:
6 (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
7 Sec. 7. Penalties.
8 (a) Any owner constructing or altering a public facility
9 or constructing a multi-story housing unit in violation of
10 this Act shall be guilty of a business offense punishable by
11 a fine not to exceed $250 per day, and each day the owner is
12 in violation of this Act constitutes a separate offense.
13 (b) Any architect or engineer negligently or
14 intentionally stating pursuant to Section 5 of this Act that
15 a plan is in compliance with this Act when such plan is not
16 in compliance shall be subject to a suspension, revocation or
17 refusal of restoration of his or her certificate of
18 registration or license pursuant to the Illinois Architecture
19 Practice Act of 1989, the Professional Engineering Practice
20 Act of 1989 and the Structural Engineering Practice Licensing
21 Licensing Act of
18 1989, (d) "land surveying" as defined in Section 2 of the
19 Illinois Professional Land Surveyor Act of 1989; or
20 (2) a combination of the following personal
21 services: (a) the practice of medicine in all of its
22 branches, (b) the practice of podiatry as defined in
23 Section 5 of the Podiatric Medical Practice Act of 1987,
24 (c) the practice of dentistry as defined in the Illinois
25 Dental Practice Act, (d) the practice of optometry as
26 defined in the Illinois Optometric Practice Act of 1987.
27 (Source: P.A. 90-230, eff. 1-1-98.)
28 Section 999. Effective date. This Act takes effect
29 January 1, 2000, except that Section 5 takes effect upon
30 becoming law.".
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