Bill Text: IL HB2338 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Professional Land Surveyor Act of 1989. Replaces all references to "Director" with "Secretary". Allows the Department to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Board. Provides that the Secretary may consider the advice and recommendations of the Board on issues involving standards of professional conduct, discipline and qualifications of the candidates and licensees under this Act (now, the Secretary shall consider). Provides that the Department may license an applicant who is licensed as a land surveyor in another state, U.S. jurisdiction, or foreign country, provided that he or she meets certain requirements. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that the Secretary may, through the Attorney General or the State's Attorney of the county in which a violation is alleged to have occurred, petition for an order enjoining a violation or for an order enforcing compliance with this Act. Defines "address of record". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2338 Detail]

Download: Illinois-2009-HB2338-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2338 Introduced 2/19/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Professional Land Surveyor Act of 1989. Replaces all references to "Director" with "Secretary". Allows the Department to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Board. Provides that the Secretary may consider the advice and recommendations of the Board on issues involving standards of professional conduct, discipline and qualifications of the candidates and licensees under this Act (now, the Secretary shall consider). Provides that the Department may license an applicant who is licensed as a land surveyor in another state, U.S. jurisdiction, or foreign country, provided that he or she meets certain requirements. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that the Secretary may, through the Attorney General or the State's Attorney of the county in which a violation is alleged to have occurred, petition for an order enjoining a violation or for an order enforcing compliance with this Act. Defines "address of record". Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Sections 4, 6, 7, 8, 9, 10, 12, 13,
15, 16.5, 18, 18.5, 19, 23, 25, 27, 28, 29, 30, 31, 33, 34, 35,
36, 36.1, 37, 40, and 43 as follows:
(225 ILCS 330/4) (from Ch. 111, par. 3254)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Financial and
Professional Regulation.
(b) "Secretary" "Director" means the Secretary Director of
the Department of Financial and Professional Regulation.
(c) "Board" means the Land Surveyors Licensing Board.
(d) "Direct supervision and control" means the personal
review by a Licensed Professional Land Surveyor of each survey,
including, but not limited to, procurement, research, field
work, calculations, preparation of legal descriptions and
plats. The personal review shall be of such a nature as to
assure the client that the Professional Land Surveyor or the
firm for which the Professional Land Surveyor is employed is
the provider of the surveying services.

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(e) "Responsible charge" means an individual responsible
for the various components of the land survey operations
subject to the overall supervision and control of the
Professional Land Surveyor.
(f) "Design professional" means a land surveyor,
architect, structural engineer, or professional engineer
licensed in conformance with this Act, the Illinois
Architecture Practice Act of 1989, the Structural Engineering
Practice Act of 1989, or the Professional Engineering Practice
Act of 1989.
(g) "Professional Land Surveyor" means any person licensed
under the laws of the State of Illinois to practice land
surveying, as defined by this Act or its rules.
(h) "Land Surveyor-in-Training" means any person licensed
under the laws of the State of Illinois who has qualified for,
taken, and passed an examination in the fundamental land
surveyor-in-training subjects as provided by this Act or its
rules.
(i) "Land surveying experience" means those activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's broad range of training in and exposure to the
prevailing practice of land surveying.
(j) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's

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licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
(Source: P.A. 92-16, eff. 6-28-01; 93-467, eff. 1-1-04.)
(225 ILCS 330/6) (from Ch. 111, par. 3256)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by The Illinois Administrative Procedure Act for the
administration of licensing Acts. The Department shall also
exercise, subject to the provisions of this Act, the following
powers and duties:
(1) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for licensure and
issue licenses to those who are found to be fit and
qualified.
(2) Prescribe rules for a method of examination.
(3) Conduct hearings on proceedings to revoke,
suspend, or refuse to issue, renew, or restore a license,
or other disciplinary actions.
(4) Promulgate rules and regulations required for the
administration of this Act.
(5) License corporations and partnerships for the

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practice of professional surveying and issue a license to
those who qualify.
(6) Prescribe, adopt, and amend rules as to what shall
constitute a surveying or related science curriculum,
determine if a specific surveying curriculum is in
compliance with the rules, and terminate the approval of a
specific surveying curriculum for non-compliance with such
rules.
(7) Maintain membership in the National Council of
Engineering Examiners or a similar organization and
participate in activities of the Council or organization by
designating individuals for the various classifications of
membership and appoint delegates for attendance at zone and
national meetings of the Council or organization.
(8) Obtain written recommendations from the Board
regarding qualification of individuals for licensing,
definition of curriculum content and approval of surveying
curriculums, standards of professional conduct and
disciplinary actions, promulgate and amend the rules
affecting these matters, and consult with the Board on
other matters affecting administration of the Act.
(a-5) The Department may promulgate rules for a Code of
Ethics and Standards of Practice to be followed by persons
licensed under this Act. The Department shall consider the
recommendations of the Board in establishing the Code of Ethics
and Standards of Practice.

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(b) The Department shall consult with the Board in
promulgating rules. Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review the
Board's response and recommendations.
(c) The Department shall review the Board's recommendation
of the applicants' qualifications. The Secretary Director
shall notify the Board in writing with an explanation of any
deviation from the Board's recommendation. After review of the
Secretary's Director's written explanation of his or her
reasons for deviation, the Board shall have the opportunity to
comment upon the Secretary's Director's decision.
Whenever the Secretary Director is not satisfied that
substantial justice has been done in the revocation or
suspension of a license, or other disciplinary action, the
Secretary Director may order re-hearing by the same or other
boards.
None of the functions, powers or duties enumerated in this
Section shall be exercised by the Department except upon the
action and report in writing of the Board.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/7) (from Ch. 111, par. 3257)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7. Creation of the Board; Composition and
qualifications and terms of the Board. The Board shall be
appointed by the Secretary Director and shall consist of 7

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members, one of whom shall be a public member and 6 of whom
shall be Professional Land Surveyors. The members shall be
residents of Illinois. Each Professional Land Surveyor member
shall (a) currently hold a valid Professional Land Surveyor
license in Illinois and shall have held the license under this
Act or its predecessor for the previous 10 year period, and (b)
have not been disciplined within the last 10 year period under
this Act or its predecessor. The public member shall not be an
employee of the State of Illinois or of the federal government,
and shall not be licensed under this Act or any other design
profession licensing Act that the Department administers.
Members shall be appointed who reasonably represent the
different geographic areas of Illinois and shall serve for 5
year terms, and until their successors are qualified and
appointed. A member shall not be eligible for appointment to
more than 10 years in a lifetime more than 2 consecutive 5 year
terms. Appointments to fill vacancies shall be made for the
unexpired portion of the term. Initial terms shall begin on the
effective date of this Act. Board members currently appointed
under this Act and in office on the effective date of this Act
shall continue to hold office until their terms expire and they
are replaced. All appointments shall be made on the basis of
individual professional qualifications with the exception of
the public member and shall not be based upon race, sex, or
religious or political affiliations.
Each member of the Board shall receive compensation when

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attending to the work of the Board or any of its committees and
for time spent in necessary travel. In addition, members shall
be reimbursed for actual traveling, incidentals and expenses
necessarily incurred in carrying out their duties as members of
the Board.
The Secretary may Director shall consider the advice and
recommendations of the Board on issues involving standards of
professional conduct, discipline and qualifications of the
candidates and licensees under this Act.
The Secretary shall give due consideration to The Director
shall make the Board appointments within 90 days of any
vacancy. The Professional Land Surveyor members shall be
selected from a current list of candidates updated by June 1 of
each year, as submitted by members of the land surveying
profession and by affiliated organizations.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
The Secretary Director may remove any member of the Board
for misconduct, incompetence, neglect of duty, or for any
reason prescribed by law for removal of State Officials or for
not attending 2 consecutive Board meetings.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/8) (from Ch. 111, par. 3258)
(Section scheduled to be repealed on January 1, 2010)

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Sec. 8. Powers and duties of the Board; quorum. Subject to
the provisions of this Act, the Board may shall exercise the
following functions, powers, and duties:
(a) Review education and experience qualifications of
applicants to determine eligibility as a Professional Land
Surveyor or Land Surveyor-in-Training and submit to the
Secretary Director written recommendations on applicant
qualifications for licensing;
(b) Conduct hearings regarding disciplinary actions
and submit a written report to the Secretary Director as
required by this Act and may provide a Board member at
informal conferences;
(c) Visit universities or colleges to evaluate
surveying curricula and submit to the Secretary Director a
written recommendation of acceptability of the curriculum;
(d) Submit a written recommendation to the Secretary
Director concerning promulgation or amendment of rules for
the administration of this Act;
(e) The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act;
(f) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case
files according to procedures established by rule;
(g) Hold at least 3 4 regular meetings each year; and
(h) The Board shall annually elect a Chairperson and a

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Vice Chairperson who shall be licensed Illinois
Professional Land Surveyors.
A quorum of the Board shall consist of a majority of Board
members appointed.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/9) (from Ch. 111, par. 3259)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9. Deviation from Board recommendations. On matters
concerning qualification of individuals for licensing,
definition of curriculum content and approval of surveying
curriculums, standards of professional conduct and
disciplinary actions, and the promulgation and amendment of the
rules affecting these matters, the Secretary Director shall
notify the Board in writing with an explanation of any
deviation from the Board's written recommendation or response.
The Board shall have the opportunity to comment upon the
Secretary's Director's decision after review of the
Secretary's Director's written explanation of his reasons for
deviation.
(Source: P.A. 86-987.)
(225 ILCS 330/10) (from Ch. 111, par. 3260)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10. Application for original license. Every person who
desires to obtain a license shall apply to the Department in

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writing, upon forms prepared and furnished by the Department.
Each application shall contain statements made under oath,
showing the applicant's education, a detailed summary of his or
her land surveying experience, and verification of the
applicant's land surveying experience by the applicant's
supervisor who shall be a licensed land surveyor licensed in
this State or any other state or territory of the U.S. where
experience is similar and who shall certify the applicant's
experience, and the application shall be accompanied with the
required fee. The Department may require an applicant, at the
applicant's expense, to have an evaluation of the applicant's
education in a foreign country by a nationally recognized
educational body approved by the Board in accordance with rules
prescribed by the Department.
An applicant who graduated from a land surveying program
outside the United States or its territories and whose first
language is not English shall submit certification of passage
of the Test of English as a Foreign Language (TOEFL) and a test
of spoken English the Test of Spoken English (TSE) as defined
by rule.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/12) (from Ch. 111, par. 3262)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12. Qualifications for licensing.
(a) A person is qualified to receive a license as a

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Professional Land Surveyor and the Department shall issue a
license to a person:
(1) who has applied in writing in the required form and
substance to the Department;
(2) (blank);
(3) who is of good ethical character, including
compliance with the Code of Ethics and Standards of
Practice promulgated by rule pursuant to this Act, and has
not committed an act or offense in any jurisdiction that
would constitute grounds for discipline of a land surveyor
licensed under this Act; who is of good moral character;
(4) (blank); who has been issued a license as a Land
Surveyor-in-Training;
(5) who, subsequent to passing the an examination
authorized by the Department for licensure as a
Surveyor-In-Training, has at least 4 years of responsible
charge experience verified by a professional land surveyor
in direct supervision and control of his or her activities;
and
(6) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Professional Land Surveyor.
(b) A person is qualified to receive a license as a Land
Surveyor-in-Training and the Department shall issue a license
to a person:
(1) who has applied in writing in the required form and

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substance to the Department;
(2) (blank);
(3) (blank); who is of good moral character;
(4) who has the required education as set forth in this
Act; and
(5) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Land Surveyor-in-Training in accordance with
this Act.
In determining moral character under this Section, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute grounds
for discipline under this Act.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/13) (from Ch. 111, par. 3263)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13. Qualifications for examination for Licensed Land
Surveyor-in-Training. Applicants for the examination for Land
Surveyor-in-Training shall have:
(1) a baccalaureate degree in Land Surveying as defined by
rule from an accredited program college or university; or
(2) a baccalaureate degree in a related science including
at least 24 semester hours of land surveying courses from a
Department Board approved curriculum of an accredited
institution.

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(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/15) (from Ch. 111, par. 3265)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15. Seal. Every Professional Land Surveyor shall have
a reproducible seal or facsimile, which may be computer
generated, the impression of which shall contain the name of
the land surveyor, his or her place of business, the license
number, of the Professional Land Surveyor, and the words
"Professional Land Surveyor, State of Illinois". Signatures
generated by computer or rubber stamp shall not be permitted. A
Professional Land Surveyor shall seal all documents prepared by
or under the direct supervision and control of the Professional
Land Surveyor. Any seal authorized or approved by the
Department under the Illinois Land Surveyors Act shall serve
the same purpose as the seal provided for by this Act. The
licensee's written signature and date of signing along with the
date of license expiration shall be placed adjacent to the
seal.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/16.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a professional

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land surveyor or as a land surveyor-in-training without being
licensed under this Act shall, in addition to any other penalty
provided by law, pay a civil penalty to the Department in an
amount not to exceed $10,000 $5,000 for each offense as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 330/18) (from Ch. 111, par. 3268)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18. Renewal, reinstatement or restoration of license;
Persons in military service. The expiration date and renewal
period for each license as a Professional Land Surveyor issued
under this Act shall be set by rule. The holder of a license
may renew such license during the month preceding the
expiration date by paying the required fee.
Any Professional Land Surveyor whose license has been

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inactive for less than 5 years is required to pay the current
renewal fee and shall have his or her license restored.
If the Professional Land Surveyor has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, the person's fitness to resume
active status and may require that person to successfully
complete an examination.
A Professional Land Surveyor whose license has been expired
for more than 5 years may have the license restored by making
application to the Department and filing proof acceptable to
the Board of fitness to have the license restored, including,
but not limited to, sworn evidence certifying to active
practice in another jurisdiction and payment of the required
renewal, reinstatement or restoration fee.
However, any Professional Land Surveyor whose license
expired while engaged (a) in federal service on active duty
with the armed forces of the United States, or the State
Militia called into active service or training, or (b) in
training or education under the supervision of the United
States preliminary to induction into the military service, may
have a license renewed without paying any lapsed reinstatement
or restoration fees upon passing an oral examination by the
Board, or without taking any examination, if approved by the
Board, if, within 2 years after the termination other than by
dishonorable discharge of such service, training, or

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education, the licensee furnishes the Department with an
affidavit to the effect the licensee was so engaged and that
the service, training, or education has so terminated.
A license for a Land Surveyor-in-Training is valid for 10
years and may not be renewed.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/18.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.5. Continuing education. The Department may
promulgate rules of continuing education for persons licensed
under this Act. The Department may shall consider the
recommendations of the Board in establishing the guidelines for
the continuing education requirements. The requirements of
this Section apply to any person seeking renewal or restoration
under Section 18 or 19 of this Act.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/19) (from Ch. 111, par. 3269)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19. Inactive status; Restoration. Any person
Professional Land Surveyor who notifies the Department, in
writing on forms prescribed by the Department, may elect to
place his or her license on an inactive status and shall,
subject to rules of the Department, be excused from the payment
of renewal fees until he or she notifies the Department in

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writing of the intention desire to resume active status.
Any Professional Land Surveyor requesting restoration from
inactive status is required to pay the current renewal fee and
shall have his or her license restored. A Professional Land
Surveyor whose license has been on inactive status for more
than 5 years may have the license restored by making
application to the Department and filing proof acceptable to
the Board of fitness to have the license restored, including,
but not limited to, sworn evidence certifying to active
practice in another jurisdiction and payment of the required
renewal, reinstatement or restoration fee.
Any Professional Land Surveyor whose license is in an
inactive status shall not practice land surveying in the State
of Illinois.
(Source: P.A. 86-987.)
(225 ILCS 330/23) (from Ch. 111, par. 3273)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23. Address of Record Change of address; Names of
licensed surveyors to be published. It is the responsibility
of a Professional Land Surveyor or Land Surveyor-in-Training to
inform the Department of any change of address or name. The
Department shall maintain a roster of names and addresses of
all professional land surveyors and professional design firms,
partnerships, and corporations licensed or registered under
this Act. This roster shall be available upon request and

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payment of the required fee. The Department shall, at least
annually, publish a list of the names of all Professional Land
Surveyors who are in good standing as of the date the list is
prepared for publication and of all persons whose licenses have
been suspended or revoked within the previous year, together
with such other information relative to the enforcement of the
provisions of this Act as it may deem of interest to the
public. Upon request, such lists shall be mailed to the County
Clerk as a public record. Such lists shall also be mailed by
the Department to any person in the State upon request, and
payment of the required fee.
(Source: P.A. 86-987.)
(225 ILCS 330/25) (from Ch. 111, par. 3275)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25. Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation, under
the provisions of the Professional Service Corporation Act, of
a corporation to offer the practice of professional land
surveying.
Any business, including a Professional Service
Corporation, that includes within its stated purposes or
practices, or holds itself out as available to practice,
professional land surveying shall be registered with the
Department pursuant to the provisions set forth in this
Section.

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Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional land surveyor
services to the public. Any sole proprietorship owned and
operated by a professional land surveyor with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a Professional
Land Surveyor with an active license issued under this Act and
conducting or transacting such business under the real name of
the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois licensed
design professional" means a person who holds an active license
as a professional engineer under the Professional Engineering
Practice Act of 1989, as an architect under the Illinois
Architecture Practice Act of 1989, as a structural engineer
under the Structural Engineering Practice Act of 1989, or as a
Professional Land Surveyor under this Act.
(b) Any professional design firm seeking to be registered
pursuant to the provisions of this Section shall not be
registered unless one or more managing agents in charge of land
surveyor activities in this State are designated by the
professional design firm. Each managing agent must at all times
maintain a valid, active license to practice professional land

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surveying in Illinois.
No individual whose license to practice professional land
surveying in this State is currently in a suspended or revoked
state shall act as a managing agent for a professional design
firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional land surveying in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of a
limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors, in
the case of a corporation, the members, in the case of a
limited liability company, or general partners, in the case
of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional land
surveying services to the public; and
(4) a list of all assumed names of the business.

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Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in
the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional land
surveying or offer the services of its licensees in this State
upon submittal of a proper application for registration and
payment of fees. The expiration date and renewal period for
each registration and renewal procedures shall be established
by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and a professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of such
termination. Thereafter, the professional design firm, if it
has so informed the Department, shall have 30 days in which to
notify the Department of the name and licensure number of a
newly designated managing agent. If a corporation, the
corporation shall also submit a certified copy of a resolution
by the board of directors designating the new managing agent.
If a limited liability company, the company shall also submit a

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certified copy of either its articles of organization or
operating agreement designating the new managing agent. The
Department may, upon good cause shown, extend the original 30
day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by certified
mail to the address of record last known address of the
business. If the professional design firm continues to operate
and offer professional land surveyor services after the
termination, the Department may seek prosecution under
Sections 27, 43, and 16.5 46 of this Act for the unlicensed
practice of professional land surveying.
No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent, employees,
members, managers, or officers by reason of its compliance with
this Section, nor shall any individual practicing professional
land surveying be relieved of the responsibility for
professional services performed by reason of the individual's
employment or relationship with a professional design firm
registered under this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the same
manner and on the same grounds as disciplinary action against a
licensed professional land surveyor. All disciplinary action

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taken or pending against a corporation or partnership before
the effective date of this amendatory Act of 1999 shall be
continued or remain in effect without the Department filing
separate actions.
(h) Any professional services corporation, sole
proprietorship, or professional design firm offering land
surveying services must have a professional resident land
surveyor whose license is not suspended or revoked overseeing
the land surveying practices in each location in which land
surveying services are provided.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/27) (from Ch. 111, par. 3277)
(Section scheduled to be repealed on January 1, 2010)
Sec. 27. Grounds for disciplinary action.
(a) The Department may, singularly or in combination,
refuse to issue, restore, or renew, or may revoke or suspend a
license or registration, or may place on probation, censure,
reprimand or impose a fine civil penalty not to exceed $10,000,
upon any person, corporation, partnership, or professional
land surveying firm licensed or registered under this Act for
any one or combination of the following:
(1) material misstatement in furnishing information to
the Department;
(2) violation, including, but not limited to, neglect
or intentional disregard, of this Act, or its rules;

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(3) conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession; conviction of any crime under
the laws of the United States, or any state or territory
thereof, which is a felony, whether related to practice or
not, or conviction of any crime, whether a felony,
misdemeanor, or otherwise, an essential element of which is
dishonesty or which is directly related to the practice of
land surveying;
(4) making any misrepresentation for the purpose of
obtaining a license, or in applying for restoration or
renewal, or the practice of any fraud or deceit in taking
any examination to qualify for licensure under this Act;
(5) purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment;
(6) proof of carelessness, incompetence, negligence,
or misconduct in practicing land surveying;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) failing to provide information in response to a
written request made by the Department within 30 days after
receipt of such written request;

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(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(10) inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of, or addiction to, alcohol, narcotics, stimulants or any
other chemical agent or drug; habitual intoxication or
addiction to the use of drugs;
(11) discipline by the United States government,
another state, District of Columbia, territory, foreign
nation or government agency if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act;
(12) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered;
(12.5) issuing a map or plat of survey where the fee
for professional services is contingent on a real estate
transaction closing;
(13) a finding by the Board that an applicant or
licensee has failed to pay a fine imposed by the Department
or a licensee whose license has been placed on probationary
status has violated the terms of probation;
(14) practicing on an expired, inactive, suspended, or

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revoked license;
(15) signing, affixing the Professional Land
Surveyor's seal or permitting the Professional Land
Surveyor's seal to be affixed to any map or plat of survey
not prepared by the Professional Land Surveyor or under the
Professional Land Surveyor's direct supervision and
control;
(16) physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, which results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(17) (blank); issuing a check or other guarantee to the
order of the Department which is not honored on 2 occasions
by the financial institution upon which it is drawn because
of insufficient funds;
(18) failure to adequately supervise or control land
surveying operations being performed by subordinates; or .
(19) Failure to file a return, to pay the tax, penalty,
or interest shown in a filed return, or to pay any final
assessment of tax, penalty, or interest as required by any
tax Act administered by the Department of Revenue, until
such time as the requirements of the tax Act are satisfied
in accordance with subsection (g) of Section 15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15).
(a-5) In enforcing this Section, the Department or Board,

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upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the

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licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license. In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed to
practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examination physician. The person to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a licensee until
the person submits to the examination if the Board finds, after

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notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a condition,
term, or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Board may recommend to the Department to file a
complaint to immediately suspend, revoke, or otherwise
discipline the license of the person. Any person whose license
was granted, continued, reinstated, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions
and who fails to comply with such terms, conditions, or
restrictions shall be referred to the Director for a
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
license suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance of
an order so finding and discharging the patient and upon the
recommendation of the Board to the Director that the licensee

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be allowed to resume his or her practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subdivision (a)(5) of Section 15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15).
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/28) (from Ch. 111, par. 3278)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28. Violation; Injunction; Cease and desist order.

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Each of the following acts is declared to be inimical to the
public welfare and to constitute a public nuisance:
(a) If any person violates the provisions of this Act, the
Secretary, in the name of the people of the State of Illinois,
through the Attorney General or the State's Attorney of the
county in which the violation is alleged to have occurred may
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
verified petition, the court with appropriate jurisdiction may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin the violation. If
it is established that the person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section are in addition to and
not in lieu of any other remedies and penalties provided by
this Act. The practice or attempt to practice land surveying
without a license or authority to practice as a Professional
Land Surveyor.
(b) The use of the title "Illinois Professional Land
Surveyor" or the abbreviation "P.L.S." or "L.S." or any words
or letters indicating that a person is a Professional Land
Surveyor or Land Surveyor by any person who has not received a
license or authority to practice as an Illinois Professional
Land Surveyor.
The Secretary Director may, in the name of the People of
the State of Illinois, through the Attorney General of the

HB2338 - 32 - LRB096 08510 ASK 18630 b
State of Illinois, or the State's Attorney of any county in the
State of Illinois, apply to the circuit court for an injunction
to enjoin any person from engaging in any of the practices
named and paragraphs (a) and (b). Upon the filing of a verified
petition in such court, the court, if satisfied by affidavit or
otherwise that such person is or has been engaged in any of the
practices named in paragraphs (a) and (b), may issue a
temporary restraining order or preliminary injunction, without
notice or bond, enjoining the defendant from further engaging
in such practices. A copy of the verified petition shall be
served upon the defendant and the proceedings shall thereafter
be conducted as in other civil cases. If it is established that
the defendant has been, or is engaged in any of the practices
named in paragraphs (a) and (b), the court may enter a decree
perpetually enjoining such defendant from further engaging in
those practices. In case of violation of any injunction issued
under the provisions of this Section, the court may summarily
try and punish the offender for contempt of court. An
injunction proceeding is in addition to and not in lieu of all
penalties and other remedies provided in this Act.
Whenever, in the opinion of the Department, any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an

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answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
(Source: P.A. 86-987.)
(225 ILCS 330/29) (from Ch. 111, par. 3279)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29. Investigations; notice and hearing. A license or
registration issued under the provisions of this Act may be
revoked, suspended, not renewed or restored, or otherwise
disciplined, or applications for license or registration may be
refused, in the manner set forth in this Act. The Department
may, upon its own action, and shall, upon the verified
complaint in writing of any person setting forth facts which,
if proven, would constitute grounds for discipline,
investigate the actions of any person or other entity holding,
applying for or claiming to hold a license, or practicing or
offering to practice land surveying. Before the initiation of
an investigation, the matter shall be reviewed by a
subcommittee of the Board according to procedures established
by rule for the Complaint Committee. The Department shall,
before refusing to issue, renew or restore, suspending or
revoking any license or registration, or imposing any other
disciplinary action, at least 30 days prior to the date set for
the hearing, notify the person accused in writing of any
charges made and shall direct the person or entity to file a

HB2338 - 34 - LRB096 08510 ASK 18630 b
written answer to the Board under oath within 20 days after the
service of the notice and inform the person or entity that if
the person or entity fails to file an answer default will be
taken and that the license or certificate may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature or
extent of practice, as the Secretary Director may deem proper.
The Department shall afford the accused person or entity an
opportunity to be heard in person or by counsel in reference to
the charges. This written notice may be served by personal
delivery to the accused person or entity or certified mail to
the last address specified by the accused person or entity in
the last notification to the Department. In case the person or
entity fails to file an answer after receiving notice, his or
her license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
deemed proper, including limiting the scope, nature, or extent
of the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Board shall hear the charges and the
accused person or entity shall be accorded ample opportunity to
present any statements, testimony, evidence and argument as may
be relevant to the charges or their defense. The Board may
continue the hearing from time to time.

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The Board may from time to time and in co-operation with
the Department's legal advisors employ individual land
surveyors possessing the same minimum qualifications as
required for Board candidates to assist with its investigative
duties.
Persons who assist the Department as consultants or expert
witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, are not liable for
damages in any civil action or proceeding as a result of their
assistance, except upon proof of actual malice. The Attorney
General shall defend these persons in any such action or
proceeding.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/30) (from Ch. 111, par. 3280)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30. Stenographer; transcript. The Department, at its
expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case where a license is revoked, suspended, or
other disciplinary action is taken. The notice of hearing,
complaint and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the
Department shall be the record of the proceedings. The

HB2338 - 36 - LRB096 08510 ASK 18630 b
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 330/31) (from Ch. 111, par. 3281)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31. Subpoenas, depositions, oaths. Testimony; Oath.
The Department has the power to subpoena documents, books,
records, or other materials and to bring before it any person
and to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as is
prescribed in civil cases in the courts of this State.
The Secretary, the designated hearing officer, and every
member of the Board has the power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct and any other oaths authorized in any Act administered
by the Department. the Department has power to subpoena and
bring before it any person in this State and to take testimony
either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this State.
The Director, and any member of the Board, each has power
to administer oaths to witnesses at any hearing which the
Department is authorized by law to conduct, and any other oaths

HB2338 - 37 - LRB096 08510 ASK 18630 b
required or authorized in any Act administered by the
Department.
(Source: P.A. 86-987.)
(225 ILCS 330/33) (from Ch. 111, par. 3283)
(Section scheduled to be repealed on January 1, 2010)
Sec. 33. Notice of hearing; Findings and recommendations.
At the conclusion of the hearing the Board shall present to the
Secretary Director a written report of its findings and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and
shall make its recommendations to the Secretary Director.
The report of findings and recommendations of the Board
shall be the basis for the Department's order unless the
Secretary disagrees with the Board Director determines that the
Board report is contrary to the manifest weight of the evidence
or law, in which case the Secretary Director may issue an order
in contravention of the Board report stating the reasons for
the order. The report, findings, and recommendations are not
admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the
hearing and findings are not a bar to a criminal prosecution
brought for the violation of this Act.
(Source: P.A. 86-987.)

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(225 ILCS 330/34) (from Ch. 111, par. 3284)
(Section scheduled to be repealed on January 1, 2010)
Sec. 34. Board; Rehearing. A In any case involving the
refusal to issue, restore or renew a license or the
disciplining of a licensee, a copy of the Board's report shall
be served upon the respondent by the Department, either
personally or as provided in this Act for the service of the
notice of hearing. Within 20 days after such service, the
respondent may present to the Department a motion in writing
for a rehearing which shall specify the particular grounds for
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing the motion, or if a
motion for rehearing is denied, then upon such denial, the
Secretary Director may enter an order in accordance with
recommendations of the Board except as provided in Section 33
of this Act. If the respondent orders from the reporting
service and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within
which the motion may be filed shall commence upon the delivery
of the transcript to the respondent.
(Source: P.A. 86-987.)
(225 ILCS 330/35) (from Ch. 111, par. 3285)
(Section scheduled to be repealed on January 1, 2010)
Sec. 35. Secretary; rehearing. Director; Rehearing.

HB2338 - 39 - LRB096 08510 ASK 18630 b
Whenever the Secretary believes that substantial justice has
not been done in the revocation, suspension, or refusal to
issue, restore, or renew a license, or other discipline of an
applicant or licensee, he or she may order a rehearing by the
same or another examiner. Whenever the Director is not
satisfied that substantial justice has been done in the
revocation, suspension, or refusal to issue or renew a license
or other disciplinary proceeding, the Director may order a
rehearing by the same or another board appointed to rehear the
matter.
(Source: P.A. 86-987.)
(225 ILCS 330/36) (from Ch. 111, par. 3286)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36. Appointment of a hearing officer. Notwithstanding
the provisions of Section 33 of this Act, the Secretary
Director has the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for discipline of a licensee.
The Director shall notify the Board of any such appointment.
The hearing officer has full authority to conduct the hearing.
The Board has the right to have at least one member present at
any hearing conducted by such hearing officer. The hearing
officer shall report his findings of fact, conclusions of law
and recommendations to the Board and the Secretary Director.
The Board shall have 60 days from receipt of the report to

HB2338 - 40 - LRB096 08510 ASK 18630 b
review the report of the hearing officer and present their
findings of fact, conclusions of law and recommendations to the
Secretary Director. If the Board fails to present its report
within the 60 day period, the Secretary Director shall issue an
order based on the report of the hearing officer. If the
Secretary Director disagrees in any regard with the report of
the Board or hearing officer, he may issue an order in
contravention thereof. The Secretary Director shall inform
provide a written explanation to the Board on any such
deviation, and shall specify with particularity the reasons for
such action in the final order.
(Source: P.A. 86-987.)
(225 ILCS 330/36.1) (from Ch. 111, par. 3286.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36.1. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act for unlicensed practice or practice on
a nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 days from the

HB2338 - 41 - LRB096 08510 ASK 18630 b
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or certificate or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to pay
all expenses of processing this application. The Secretary
Director may waive the fines due under this Section in
individual cases where the Secretary Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(225 ILCS 330/37) (from Ch. 111, par. 3287)
(Section scheduled to be repealed on January 1, 2010)
Sec. 37. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the
Secretary Director;
(b) the Secretary Director is duly appointed and
qualified; and
(c) the Board and the members thereof are qualified to

HB2338 - 42 - LRB096 08510 ASK 18630 b
act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 330/40) (from Ch. 111, par. 3290)
(Section scheduled to be repealed on January 1, 2010)
Sec. 40. Temporary suspension of a license. The Secretary
Director may temporarily suspend the license of a Professional
Land Surveyor or Land Surveyor-in-Training without a hearing,
simultaneously with the institution of proceedings for a
hearing under Section 29 of this Act, if the Secretary Director
finds that evidence in his possession indicates that a
Professional Land Surveyor's or Land Surveyor-in-Training's
continuation in practice would constitute an imminent danger to
the public. In the event that the Secretary Director
temporarily suspends the license of a Professional Land
Surveyor or Land Surveyor-in-Training without a hearing, a
hearing by the Board must be commenced within 30 days after
such suspension has occurred.
(Source: P.A. 86-987.)
(225 ILCS 330/43) (from Ch. 111, par. 3293)
(Section scheduled to be repealed on January 1, 2010)
Sec. 43. Violations. A person is guilty of a Class A
misdemeanor for a first offense, and guilty of a Class 4 felony
for a second or subsequent offense, when he or she commits any
of the following acts: Each of the following acts constitutes a

HB2338 - 43 - LRB096 08510 ASK 18630 b
Class A misdemeanor for the first offense and a Class 4 felony
for a second or subsequent offense:
(a) The violation of any provision of this Act or its
rules.
(b) The making of any willfully false oath or affirmation
in any matter or proceeding where an oath or affirmation is
required by this Act.
(c) Obtaining or attempting to obtain a license or
registration by fraud.
(d) Using, or attempting to use, an expired, suspended, or
revoked license or certificate of registration or the license,
certificate of registration, or seal of another, or
impersonating another licensee or practicing land surveying
while one's license is expired, suspended, or revoked.
(e) Use of the title "Professional Land Surveyor", or "Land
Surveyor", or the abbreviation "P.L.S." or "L.S.", or any words
or letters indicating that a person is a Professional Land
Surveyor, by any person who has not received a license to
practice as an Illinois Professional Land Surveyor.
(f) If any person, sole proprietorship, professional
service corporation, limited liability company, corporation or
partnership, or other entity practices as a professional land
surveyor or advertises or displays any sign or card or other
device that might indicate to the public that the person or
entity is entitled to practice as a professional land surveyor,
or use the title "professional land surveyor", or any of its

HB2338 - 44 - LRB096 08510 ASK 18630 b
derivations unless the person or entity holds an active license
as a professional land surveyor or registration as a
Professional Land Surveying Firm in the State; then, in
addition to any other penalty provided by law, any person who
violates this subsection (f) shall forfeit and pay to the
Design Professionals Administration and Investigation Fund a
civil penalty in an amount determined by the Department of not
more than $5,000 for each offense.
(g) The practice, attempt to practice, or offer to practice
land surveying, without a license as a Professional Land
Surveyor or registration as a Professional Land Surveying Firm.
Each day of practicing land surveying, or attempting to
practice land surveying, and each instance of offering to
practice land surveying without a license as a Professional
Land Surveyor or registration as a Professional Land Surveying
Firm constitutes a separate offense.
Criminal fines and penalties shall be deposited in the
treasury of the county in which the violation occurred and
administrative fines shall be deposited in the Design
Professionals Administration and Investigation Fund.
All fines and penalties under Section 27 shall be deposited
in the Design Professions Administration and Investigation
Fund.
(Source: P.A. 88-428.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB2338 - 45 - LRB096 08510 ASK 18630 b
INDEX
Statutes amended in order of appearance
225 ILCS 330/4 from Ch. 111, par. 3254
225 ILCS 330/6 from Ch. 111, par. 3256
225 ILCS 330/7 from Ch. 111, par. 3257
225 ILCS 330/8 from Ch. 111, par. 3258
225 ILCS 330/9 from Ch. 111, par. 3259
225 ILCS 330/10 from Ch. 111, par. 3260
225 ILCS 330/12 from Ch. 111, par. 3262
225 ILCS 330/13 from Ch. 111, par. 3263
225 ILCS 330/15 from Ch. 111, par. 3265
225 ILCS 330/16.5
225 ILCS 330/18 from Ch. 111, par. 3268
225 ILCS 330/18.5
225 ILCS 330/19 from Ch. 111, par. 3269
225 ILCS 330/23 from Ch. 111, par. 3273
225 ILCS 330/25 from Ch. 111, par. 3275
225 ILCS 330/27 from Ch. 111, par. 3277
225 ILCS 330/28 from Ch. 111, par. 3278
225 ILCS 330/29 from Ch. 111, par. 3279
225 ILCS 330/30 from Ch. 111, par. 3280
225 ILCS 330/31 from Ch. 111, par. 3281
225 ILCS 330/33 from Ch. 111, par. 3283
225 ILCS 330/34 from Ch. 111, par. 3284
225 ILCS 330/35 from Ch. 111, par. 3285
HB2338 - 46 - LRB096 08510 ASK 18630 b
225 ILCS 330/36 from Ch. 111, par. 3286
225 ILCS 330/36.1 from Ch. 111, par. 3286.1
225 ILCS 330/37 from Ch. 111, par. 3287
225 ILCS 330/40 from Ch. 111, par. 3290
225 ILCS 330/43