Bill Text: IL HB3322 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Professional Land Surveyor Act of 1989. Changes references to "Land Surveyor-in-Training" to references to "Surveyor Intern" and makes conforming changes throughout the Act. Makes changes in provisions concerning definitions, including the definition of the practice of land surveying. Sets forth minimum standards to qualify for enrollment as a Surveyor Intern (rather than to apply for examination as a Land Surveyor-in-Training). Provides that the license for a Surveyor Intern does not expire. Requires the Department of Financial and Professional Regulation to include email addresses in its roster of licenses. Allows a Professional Land Surveyor to administer and certify oaths for certain testimony. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0171 [HB3322 Detail]
Download: Illinois-2017-HB3322-Introduced.html
Bill Title: Amends the Illinois Professional Land Surveyor Act of 1989. Changes references to "Land Surveyor-in-Training" to references to "Surveyor Intern" and makes conforming changes throughout the Act. Makes changes in provisions concerning definitions, including the definition of the practice of land surveying. Sets forth minimum standards to qualify for enrollment as a Surveyor Intern (rather than to apply for examination as a Land Surveyor-in-Training). Provides that the license for a Surveyor Intern does not expire. Requires the Department of Financial and Professional Regulation to include email addresses in its roster of licenses. Allows a Professional Land Surveyor to administer and certify oaths for certain testimony. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0171 [HB3322 Detail]
Download: Illinois-2017-HB3322-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Professional Land Surveyor Act of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 1989 is amended by changing Sections 1, 4, 5, 8, 11, 12, 13, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 14, 16, 16.5, 17, 18, 23, 40, 44, and 48 as follows:
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7 | (225 ILCS 330/1) (from Ch. 111, par. 3251)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 1. Declaration of public policy. The practice of land | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | surveying
in the State of Illinois is hereby declared to affect | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the public health,
safety, and welfare and to be subject to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | regulation and control in the
public interest. It is further | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | declared
that the determination and physical protraction of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | land
boundaries using the appropriate application of boundary | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | law principles , together with the attendant preparation of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | legal descriptions
and plats, which bear witness for posterity | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | to chronicle the acts and wishes of landowners throughout this
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18 | State is a matter of public interest and concern. Therefore, it | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | is in the
public interest that the practice of land surveying, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | as defined in this Act,
merit and receive the confidence of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | public, and that only qualified persons
be authorized to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | practice land surveying in the State of Illinois. This
Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | shall be liberally construed to best carry out this purpose.
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1 | (Source: P.A. 93-467, eff. 1-1-04 .)
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2 | (225 ILCS 330/4) (from Ch. 111, par. 3254)
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3 | (Section scheduled to be repealed on January 1, 2020)
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4 | Sec. 4. Definitions. As used in this Act:
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5 | (a) "Department" means the Department of Financial and | ||||||
6 | Professional Regulation.
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7 | (b) "Secretary" means the Secretary of the Department of | ||||||
8 | Financial and Professional Regulation.
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9 | (c) "Board" means the Land Surveyors Licensing Board.
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10 | (d) "Direct supervision and control" means the personal | ||||||
11 | review by a
Licensed Professional Land Surveyor of each survey, | ||||||
12 | including, but not
limited to, procurement, research, field | ||||||
13 | work, calculations, preparation of
legal descriptions and | ||||||
14 | plats. The personal review shall be of such a
nature as to | ||||||
15 | assure the client that the Professional Land Surveyor or the
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16 | firm for which the Professional Land Surveyor is employed is | ||||||
17 | the provider
of the surveying services.
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18 | (e) "Responsible charge" means an individual responsible | ||||||
19 | for the various
components of the land survey operations | ||||||
20 | subject to the overall supervision
and control of the | ||||||
21 | Professional Land Surveyor.
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22 | (f) "Design professional" means a land surveyor, | ||||||
23 | architect, structural
engineer, or professional engineer | ||||||
24 | licensed in conformance
with this Act,
the Illinois | ||||||
25 | Architecture Practice Act of 1989, the
Structural Engineering |
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1 | Practice Act of 1989, or the
Professional Engineering Practice | ||||||
2 | Act of 1989.
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3 | (g) "Professional Land Surveyor" means any person licensed | ||||||
4 | under the
laws of the State of Illinois to practice land | ||||||
5 | surveying, as defined by
this Act or its rules.
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6 | (h) "Surveyor Intern" "Land Surveyor-in-Training" means | ||||||
7 | any person licensed under the laws
of the State of Illinois who | ||||||
8 | has qualified for, taken, and passed an
examination in the | ||||||
9 | fundamental land surveying surveyor-in-training subjects as
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10 | provided by this Act or its rules.
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11 | (i) "Land surveying experience" means those activities | ||||||
12 | enumerated in
Section 5 of this Act, which, when exercised in | ||||||
13 | combination, to the
satisfaction of the Board, is proof of an | ||||||
14 | applicant's broad range of
training in and exposure to the | ||||||
15 | prevailing practice of land surveying.
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16 | (j) "Address of record" means the designated address | ||||||
17 | recorded by the Department in the applicant's or licensee's | ||||||
18 | application file or license file maintained by the Department's | ||||||
19 | licensure maintenance unit. It is the duty of the applicant or | ||||||
20 | licensee to inform the Department of any change of address, and | ||||||
21 | such changes must be made either through the Department's | ||||||
22 | website or by contacting the Department's licensure | ||||||
23 | maintenance unit. | ||||||
24 | (k) "Standard of care" means the use of the same degree of | ||||||
25 | knowledge, skill, and ability as an ordinarily careful and | ||||||
26 | reasonable professional land surveyor would exercise under |
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1 | similar circumstances. | ||||||
2 | (l) "Establishing" means performing an original survey. An | ||||||
3 | original survey establishes boundary lines within an original | ||||||
4 | division of a tract of land which has theretofore existed as | ||||||
5 | one unit or parcel and describing and monumenting a line or | ||||||
6 | lines of a parcel or tract of land on the ground for the first | ||||||
7 | time. An original surveyor is the creator of one or more new | ||||||
8 | boundary lines. | ||||||
9 | (m) "Reestablishing" or "locating" means performing a | ||||||
10 | retracement survey. A retracement survey tracks the footsteps | ||||||
11 | of the original surveyor, locating boundary lines and corners | ||||||
12 | which have been established by the original survey. A | ||||||
13 | retracement survey cannot establish new corners or lines or | ||||||
14 | correct errors of the original survey. | ||||||
15 | (n) "Boundary law principles" means applying the | ||||||
16 | decisions, results, and findings of land boundary cases that | ||||||
17 | concern the establishment of boundary lines and corners. | ||||||
18 | (Source: P.A. 96-626, eff. 8-24-09.)
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19 | (225 ILCS 330/5) (from Ch. 111, par. 3255)
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20 | (Section scheduled to be repealed on January 1, 2020)
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21 | Sec. 5. Practice of land surveying defined. Any person who | ||||||
22 | practices in Illinois as a professional land surveyor who | ||||||
23 | renders, offers to render, or holds himself or herself out as | ||||||
24 | able to render, or perform any service, the adequate | ||||||
25 | performance of which involves the special knowledge of the art |
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1 | and application of the principles of the accurate and precise | ||||||
2 | measurement of length, angle, elevation or volume, | ||||||
3 | mathematics, the related physical and applied sciences, and the | ||||||
4 | relevant requirements of applicable boundary law principles | ||||||
5 | and performed with the appropriate standard of care , all of | ||||||
6 | which are acquired by education, training, experience, and | ||||||
7 | examination. Any one or combination
of the following practices | ||||||
8 | constitutes the practice of land surveying:
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9 | (a) Establishing or
reestablishing, locating, | ||||||
10 | defining, and making or monumenting land
boundaries or | ||||||
11 | title or real property lines and the platting of lands and | ||||||
12 | subdivisions;
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13 | (b) Determining Establishing the area or volume of
any | ||||||
14 | portion of the earth's surface, subsurface, or airspace | ||||||
15 | with respect to boundary lines,
determining the | ||||||
16 | configuration or contours of any portion of the earth's
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17 | surface, subsurface, or airspace or the location of fixed | ||||||
18 | objects thereon,
except as performed by photogrammetric | ||||||
19 | methods by professionals holding certification from the | ||||||
20 | American Society of Photogrammetry and Remote Sensing,
or | ||||||
21 | except when the level of accuracy required is
less than the | ||||||
22 | level of accuracy required by the National Society of | ||||||
23 | Professional Surveyors Model Standards and Practice;
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24 | (c) Preparing descriptions for the determination of | ||||||
25 | title or real property rights to any
portion or volume of | ||||||
26 | the earth's surface, subsurface, or airspace involving the
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1 | lengths and direction of boundary lines, areas, parts of | ||||||
2 | platted parcels or the
contours of the earth's surface, | ||||||
3 | subsurface, or airspace;
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4 | (d) Labeling, designating, naming, preparing, or | ||||||
5 | otherwise identifying
legal lines or land title lines of | ||||||
6 | the United States
Rectangular System
or any subdivision | ||||||
7 | thereof on any plat, map, exhibit, photograph, | ||||||
8 | photographic composite, or
mosaic or photogrammetric map | ||||||
9 | of any portion of the earth's surface for the
purpose of | ||||||
10 | recording and amending the same by the issuance of a | ||||||
11 | certificate of correction in the Office of Recorder in any | ||||||
12 | county;
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13 | (e) Any act or combination of acts that would be
viewed | ||||||
14 | as
offering
professional land surveying services | ||||||
15 | including:
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16 |
(1) setting monuments which have the appearance of | ||||||
17 | or for the express
purpose of marking land boundaries, | ||||||
18 | either directly or as an accessory;
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19 |
(2) providing any sketch, map, plat, report, | ||||||
20 | monument record, or other
document which indicates | ||||||
21 | land boundaries and monuments, or accessory
monuments | ||||||
22 | thereto, except that if the sketch, map, plat, report, | ||||||
23 | monument
record, or other document is a copy of an | ||||||
24 | original prepared by a
Professional Land Surveyor, and | ||||||
25 | if proper reference to that fact be made on
that | ||||||
26 | document;
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1 | (3) performing topographic surveys, with the | ||||||
2 | exception of a licensed professional engineer | ||||||
3 | knowledgeable in topographical surveys that performs a | ||||||
4 | topographical survey specific to his or her design | ||||||
5 | project. A licensed professional engineer may not, | ||||||
6 | however, offer topographic surveying services that are | ||||||
7 | independent of his or her specific design project; or | ||||||
8 | (4) locating, relocating, establishing, | ||||||
9 | reestablishing re-establishing , retracing, laying out, | ||||||
10 | or staking of the location, alignment, or elevation of | ||||||
11 | any existing or proposed improvements whose location | ||||||
12 | is dependent upon property , easement, and right-of-way | ||||||
13 | boundaries lines ; | ||||||
14 | (5) providing consultation, investigation, | ||||||
15 | testimony evaluation, expert technical testimony, | ||||||
16 | planning, mapping, assembling, and interpreting | ||||||
17 | gathered measurements and evidence related to the | ||||||
18 | location of property, easement, and right-of-way | ||||||
19 | boundaries; or | ||||||
20 | (6) measuring, evaluating, mapping, or reporting | ||||||
21 | the location of existing or proposed buildings, | ||||||
22 | structures, or other improvements or their surrounding | ||||||
23 | topography with respect to current flood insurance | ||||||
24 | rate mapping or federal emergency management agency | ||||||
25 | mapping along with locating of inland wetland | ||||||
26 | boundaries delineated by a qualified specialist in |
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1 | relation to the location of property, easement, and | ||||||
2 | right-of-way boundaries. | ||||||
3 | (f) Determining the horizontal or vertical position or | ||||||
4 | state plane coordinates for any monument or reference point | ||||||
5 | that
marks a title or real property line, boundary, or | ||||||
6 | corner, or to set, reset, or replace any
monument or | ||||||
7 | reference point on any title or real property;
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8 | (g) Creating, preparing, or modifying electronic or | ||||||
9 | computerized data
or maps, including land information | ||||||
10 | systems and geographic information systems, relative to | ||||||
11 | the performance of activities in items (a), (b), (d), (e), | ||||||
12 | (f), and (h) of this
Section, except where
electronic means | ||||||
13 | or computerized data is otherwise utilized to integrate,
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14 | display, represent, or assess the created, prepared, or | ||||||
15 | modified data;
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16 | (h) Determining Establishing or adjusting any control | ||||||
17 | network or any geodetic control network or cadastral data | ||||||
18 | as it
pertains to items (a) through (g) of this Section | ||||||
19 | together with the assignment of measured values to any | ||||||
20 | United States Rectangular System corners, title or real | ||||||
21 | property corner monuments or geodetic monuments;
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22 | (i) Preparing and attesting to the accuracy of a map or | ||||||
23 | plat showing the
land boundaries or lines and marks and | ||||||
24 | monuments of the boundaries or of a map
or plat showing the | ||||||
25 | boundaries of surface, subsurface, or air rights;
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26 | (j) Executing and issuing certificates, endorsements, |
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1 | reports, or plats
that
portray the horizontal or vertical | ||||||
2 | relationship between existing physical objects or | ||||||
3 | structures and
one or more corners, datums, or boundaries | ||||||
4 | of any portion of the earth's surface,
subsurface, or | ||||||
5 | airspace;
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6 | (k) Acting in direct supervision and control of land | ||||||
7 | surveying activities or
acting as a manager in any place of | ||||||
8 | business that solicits, performs, or
practices land | ||||||
9 | surveying;
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10 | (l) Formal review of any plat for governmental or | ||||||
11 | municipal approval with respect to property, easement, or | ||||||
12 | right-of-way boundaries; | ||||||
13 | (m) (l) Offering or soliciting to perform any of the | ||||||
14 | services set
forth in this
Section.
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15 | In the performance of any of the foregoing functions, a | ||||||
16 | licensee shall adhere to the standards of professional conduct | ||||||
17 | enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in | ||||||
18 | this Section imposes upon a person licensed under this Act the | ||||||
19 | responsibility for the performance of any of the foregoing | ||||||
20 | functions unless such person specifically contracts to perform | ||||||
21 | such functions. | ||||||
22 | (Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10; | ||||||
23 | 97-333, eff. 8-12-11; 97-813, eff. 7-13-12.)
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24 | (225 ILCS 330/8) (from Ch. 111, par. 3258)
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25 | (Section scheduled to be repealed on January 1, 2020)
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1 | Sec. 8. Powers and duties of the Board; quorum. Subject to | ||||||
2 | the
provisions
of this Act, the Board shall exercise the | ||||||
3 | following functions, powers, and
duties:
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4 | (a) Review applicant qualifications to sit for
the | ||||||
5 | examination or for licensure and shall make | ||||||
6 | recommendations to the
Department except for those | ||||||
7 | applicant qualifications that the Board designates as | ||||||
8 | routinely acceptable;
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9 | (b) Conduct hearings regarding disciplinary actions | ||||||
10 | and submit a written
report to the Secretary as required by | ||||||
11 | this Act and provide a Board
member at informal | ||||||
12 | conferences;
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13 | (c) Visit universities or colleges to evaluate | ||||||
14 | surveying
curricula and submit to the Secretary a written | ||||||
15 | recommendation of
acceptability of the curriculum;
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16 | (d) Submit a written recommendation to the Secretary | ||||||
17 | concerning
promulgation or amendment of rules for the | ||||||
18 | administration of this Act;
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19 | (e) The Department may at any time seek the expert | ||||||
20 | advice and knowledge of
the Board on any matter relating to | ||||||
21 | the enforcement of this Act;
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22 | (f) The Board may appoint a subcommittee to serve as a | ||||||
23 | Complaint Committee
to recommend the disposition of case | ||||||
24 | files according to procedures established
by rule;
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25 | (g) Hold at least 3 regular meetings each year; and
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26 | (h) The Board shall annually elect a Chairperson and a |
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1 | Vice Chairperson
who shall be licensed
Illinois | ||||||
2 | Professional Land Surveyors.
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3 | A quorum of the Board shall consist of 4 members. A quorum | ||||||
4 | is required for all Board decisions. | ||||||
5 | Subject to the provisions of this Act, the Board may | ||||||
6 | exercise the following duties as deemed necessary by the | ||||||
7 | Department: (i) review education and experience qualifications | ||||||
8 | of applicants, including conducting oral interviews; (ii) | ||||||
9 | determine eligibility as a Professional Land Surveyor or | ||||||
10 | Surveyor Intern Land Surveyor-in-Training ; and (iii) submit to | ||||||
11 | the Secretary recommendations on applicant qualifications for | ||||||
12 | enrollment and licensure.
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13 | (Source: P.A. 96-626, eff. 8-24-09.)
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14 | (225 ILCS 330/11) (from Ch. 111, par. 3261)
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15 | (Section scheduled to be repealed on January 1, 2020)
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16 | Sec. 11. Examination; failure Failure or refusal to take. | ||||||
17 | The Department
shall authorize examinations, as recommended | ||||||
18 | and approved by the Board, for
licensure as Surveyor Interns | ||||||
19 | Land
Surveyors-in-Training and Professional Land Surveyors at | ||||||
20 | such times and
places as it may determine.
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21 | The examination of an applicant for licensure as a Surveyor | ||||||
22 | Intern Land
Surveyor-in-Training or a Professional Land | ||||||
23 | Surveyor may
include examinations as defined by rule.
The | ||||||
24 | substance and form of the
examination shall be as recommended | ||||||
25 | and approved by the Board. Each
applicant shall be examined as |
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1 | to his knowledge of the statutes of the
United States of | ||||||
2 | America and the State of Illinois relating to the practice
of | ||||||
3 | land surveying and mathematics as applied to land surveying.
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4 | All applicants for licensing as a Professional Land | ||||||
5 | Surveyor shall be
required to pass, as a portion of the | ||||||
6 | examination, a jurisdictional
examination to determine the | ||||||
7 | applicant's knowledge of the surveying tasks
unique to the | ||||||
8 | State of Illinois, and the laws relating thereto.
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9 | Applicants for any examination shall be required to pay, | ||||||
10 | either to the
Department or the designated testing service, a | ||||||
11 | fee covering the cost of
providing the examination. Failure to | ||||||
12 | appear for the examination on the
scheduled date, at the time | ||||||
13 | and place specified, after the applicant's
application for | ||||||
14 | examination has been received and acknowledged by the
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15 | Department or the designated testing service, shall result in | ||||||
16 | the
forfeiture of the examination fee. If an applicant | ||||||
17 | neglects, fails, or
refuses to take an examination for | ||||||
18 | registration under this Act within 3
years after filing his | ||||||
19 | application, the application fee shall be forfeited
to the | ||||||
20 | Department and the application denied. However, the applicant | ||||||
21 | may
thereafter make a new application for examination, | ||||||
22 | accompanied by the required fee.
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23 | (Source: P.A. 98-713, eff. 7-16-14.)
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24 | (225 ILCS 330/12) (from Ch. 111, par. 3262)
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25 | (Section scheduled to be repealed on January 1, 2020)
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1 | Sec. 12. Qualifications for licensing.
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2 | (a) A person is qualified to
receive a license as a | ||||||
3 | Professional Land Surveyor and the Department shall
issue a | ||||||
4 | license to a person:
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5 | (1) who has applied in writing in the required form to | ||||||
6 | the
Department;
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7 | (2) (blank);
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8 | (2.5) who has not violated any provision of this Act or | ||||||
9 | its rules;
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10 | (3) who is of good ethical character, including | ||||||
11 | compliance with the Code of Ethics and Standards of | ||||||
12 | Practice promulgated by rule pursuant to this Act, and has | ||||||
13 | not committed an act or offense in any jurisdiction that | ||||||
14 | would constitute grounds for discipline of a land surveyor | ||||||
15 | licensed under this Act;
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16 | (4) who has been issued a license as a Surveyor Intern | ||||||
17 | Land
Surveyor-in-Training ;
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18 | (5) who, subsequent to passing the examination | ||||||
19 | authorized by the Department for licensure as a Surveyor | ||||||
20 | Intern
Surveyor-In-Training , has at least 4 years of | ||||||
21 | responsible charge experience
verified by a professional | ||||||
22 | land surveyor in direct supervision and control of
his or | ||||||
23 | her activities;
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24 | (6) who has passed an examination authorized by the | ||||||
25 | Department
to
determine his or her fitness to receive a | ||||||
26 | license as a Professional Land
Surveyor; and |
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1 | (7) who has a baccalaureate degree in a related science | ||||||
2 | if he or she does not have a baccalaureate degree in land | ||||||
3 | surveying from an accredited college or university.
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4 | (b) A person is qualified to receive a license as a | ||||||
5 | Surveyor Intern Land
Surveyor-in-Training and the Department | ||||||
6 | shall issue a license to a person:
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7 | (1) who has applied in writing in the required form | ||||||
8 | provided by the
Department;
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9 | (2) (blank);
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10 | (3) who is of good moral character;
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11 | (4) who has the required education as set forth in this | ||||||
12 | Act; and
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13 | (5) who has passed an examination authorized by the | ||||||
14 | Department
to
determine his or her fitness to receive a | ||||||
15 | license as a Surveyor Intern Land
Surveyor-in-Training in | ||||||
16 | accordance with this Act.
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17 | In determining moral character under
this Section, the | ||||||
18 | Department may take into consideration whether the
applicant | ||||||
19 | has engaged in conduct or actions that would constitute grounds | ||||||
20 | for
discipline under this Act.
| ||||||
21 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
22 | (225 ILCS 330/13) (from Ch. 111, par. 3263)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
24 | Sec. 13. Minimum standards for enrollment as a Surveyor | ||||||
25 | Intern. Qualifications for examination for Licensed Land
|
| |||||||
| |||||||
1 | Surveyor-in-Training . To enroll as a Surveyor Intern, an | ||||||
2 | applicant must be: | ||||||
3 | (1) a graduate of an approved land surveying curriculum | ||||||
4 | of at least 4 years who has passed an examination in the | ||||||
5 | fundamentals of surveying, as defined by rule, if the | ||||||
6 | applicant is otherwise qualified; | ||||||
7 | (2) a graduate of a related science curriculum of at | ||||||
8 | least 4 years, including at least 24 semester hours of land | ||||||
9 | surveying courses from an approved land surveying | ||||||
10 | curriculum, who has passed an examination in the | ||||||
11 | fundamentals of surveying, as defined by rule, if the | ||||||
12 | applicant is otherwise qualified; | ||||||
13 | (3) an applicant in the last year of an approved land | ||||||
14 | surveying or related science curriculum who passes an | ||||||
15 | examination in the fundamentals of surveying, as defined by | ||||||
16 | rule, and furnishes proof that the applicant graduated | ||||||
17 | within a 12-month period following the examination shall be | ||||||
18 | enrolled as a Surveyor Intern, if the applicant is | ||||||
19 | otherwise qualified; or | ||||||
20 | (4) a graduate of an unrelated curriculum of at least 4 | ||||||
21 | years, including at least 24 semester hours of land | ||||||
22 | surveying courses, from an approved land surveying | ||||||
23 | curriculum and the related science courses, as defined by | ||||||
24 | rule, who passes an examination in the fundamentals of | ||||||
25 | surveying, as defined by rule, shall be enrolled as a | ||||||
26 | Surveyor Intern, if the applicant is otherwise qualified. |
| |||||||
| |||||||
1 | Applicants for the examination for Land
Surveyor-in-Training | ||||||
2 | shall have:
| ||||||
3 | (1) a baccalaureate degree in Land Surveying from an | ||||||
4 | accredited
college or university program; or
| ||||||
5 | (2) a baccalaureate degree in a related science | ||||||
6 | including at least 24
semester hours of land surveying | ||||||
7 | courses from a Department approved curriculum of an
| ||||||
8 | accredited institution.
| ||||||
9 | (Source: P.A. 96-626, eff. 8-24-09; 97-543, eff. 1-1-12.)
| ||||||
10 | (225 ILCS 330/14) (from Ch. 111, par. 3264)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 14. License to be displayed. Every holder of a license | ||||||
13 | as a
Professional Land Surveyor or Surveyor Intern Land | ||||||
14 | Surveyor-in-Training shall
display it in
a conspicuous | ||||||
15 | location in his or her office,
place of business, or place of
| ||||||
16 | employment.
| ||||||
17 | (Source: P.A. 91-132, eff. 1-1-00 .)
| ||||||
18 | (225 ILCS 330/16) (from Ch. 111, par. 3266)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 16. Unlawful to practice without license or | ||||||
21 | registration. It is
unlawful for any person, sole | ||||||
22 | proprietorship, professional service corporation,
corporation, | ||||||
23 | partnership, limited liability company, or other entity to
| ||||||
24 | practice land surveying, or advertise or display any sign, card |
| |||||||
| |||||||
1 | or other device
which might indicate to the public that the | ||||||
2 | person or entity is entitled to
practice as a land surveyor, or | ||||||
3 | use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T." ,
use the | ||||||
4 | title "Professional Land Surveyor" or "Surveyor Intern" "Land | ||||||
5 | Surveyor-in-Training" or
any of their derivations, unless such | ||||||
6 | person holds a valid active license as a
Professional Land | ||||||
7 | Surveyor or Surveyor Intern Land Surveyor-in-Training in the | ||||||
8 | State of
Illinois, or such professional service corporation, | ||||||
9 | corporation, partnership,
sole proprietorship, limited | ||||||
10 | liability company, or other entity is in
compliance with this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 88-428 .)
| ||||||
13 | (225 ILCS 330/16.5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 16.5. Unlicensed practice; violation; civil penalty.
| ||||||
16 | (a) Any person who practices, offers to practice, attempts | ||||||
17 | to practice, or
holds oneself out to practice as a professional | ||||||
18 | land surveyor or as a Surveyor Intern land
surveyor-in-training | ||||||
19 | without being licensed under this Act shall, in
addition to any | ||||||
20 | other penalty provided by law, pay a civil penalty to the
| ||||||
21 | Department in an amount not to exceed $10,000 for each offense | ||||||
22 | as determined by
the Department. The civil penalty shall be | ||||||
23 | assessed by the Department after a
hearing is held in | ||||||
24 | accordance with the provisions set forth in this Act
regarding | ||||||
25 | the provision of a hearing for the discipline of a licensee.
|
| |||||||
| |||||||
1 | (b) The Department has the authority and power to | ||||||
2 | investigate any and all
unlicensed activity.
| ||||||
3 | (c) The civil penalty shall be paid within 60 days after | ||||||
4 | the effective date
of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment
and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment
from | ||||||
7 | any court of record.
| ||||||
8 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
9 | (225 ILCS 330/17) (from Ch. 111, par. 3267)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
11 | Sec. 17. Surveyor Intern; supervision Land | ||||||
12 | Surveyor-in-Training; Supervision . It is
unlawful for any | ||||||
13 | Surveyor Intern Land Surveyor-in-Training licensed under this | ||||||
14 | Act to
practice or attempt to practice land surveying
except | ||||||
15 | when in responsible charge under the overall supervision of a | ||||||
16 | Professional
Land Surveyor.
| ||||||
17 | (Source: P.A. 86-987 .)
| ||||||
18 | (225 ILCS 330/18) (from Ch. 111, par. 3268)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 18. Renewal, reinstatement or restoration of license; | ||||||
21 | Persons
in military service. | ||||||
22 | (a) The expiration date and renewal period for each
license | ||||||
23 | as a Professional Land Surveyor issued under this Act shall be | ||||||
24 | set
by rule. The holder of a license may renew such license |
| |||||||
| |||||||
1 | during the month
preceding the expiration date by paying the | ||||||
2 | required fee.
| ||||||
3 | (b) Any Professional Land Surveyor whose license has been | ||||||
4 | inactive for less
than 5 years is required to pay the current | ||||||
5 | renewal fee and shall have his
or her license restored.
| ||||||
6 | (c) A Professional Land Surveyor whose license has been | ||||||
7 | expired for more than
5 years may have the
license restored by | ||||||
8 | making application to the Department and filing proof
| ||||||
9 | acceptable to the Department of fitness to have the license | ||||||
10 | restored,
including, but not limited to, sworn evidence | ||||||
11 | certifying to active practice in another
jurisdiction and | ||||||
12 | payment of the required renewal,
reinstatement or restoration | ||||||
13 | fee.
| ||||||
14 | However, any Professional Land Surveyor whose license | ||||||
15 | expired while
engaged (a) in federal service on active duty | ||||||
16 | with the armed forces of
the United States, or the State | ||||||
17 | Militia called into active service or
training, or (b) in | ||||||
18 | training or education under the supervision of the
United | ||||||
19 | States preliminary to induction into the military service, may | ||||||
20 | have
a license renewed without paying any lapsed reinstatement | ||||||
21 | or restoration
fees upon passing an oral examination by the | ||||||
22 | Board, or without taking any
examination, if approved by the | ||||||
23 | Board, if, within 2 years after the
termination other than by | ||||||
24 | dishonorable discharge of such service, training, or | ||||||
25 | education,
the licensee furnishes the Department with an | ||||||
26 | affidavit to
the effect the licensee was so engaged and that |
| |||||||
| |||||||
1 | the service, training, or education
has so terminated.
| ||||||
2 | (d) A license for a Surveyor Intern does not expire Land | ||||||
3 | Surveyor-in-Training is valid for 10 years and may not be | ||||||
4 | renewed .
| ||||||
5 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
6 | (225 ILCS 330/23) (from Ch. 111, par. 3273)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
8 | Sec. 23. Address of Record; Names of licensed surveyors to | ||||||
9 | be published.
It is the
responsibility of a Professional Land | ||||||
10 | Surveyor or Surveyor Intern Land Surveyor-in-Training
to | ||||||
11 | inform the Department of any change of address or name.
The | ||||||
12 | Department shall maintain a roster of names , and addresses , and | ||||||
13 | email addresses of all professional land surveyors and | ||||||
14 | professional design firms, partnerships, and corporations | ||||||
15 | licensed or registered under this Act. This roster shall be | ||||||
16 | available upon request and payment of the required fee.
| ||||||
17 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
18 | (225 ILCS 330/40) (from Ch. 111, par. 3290)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 40. Temporary suspension of a license. The Secretary | ||||||
21 | may
temporarily suspend the license of a Professional Land | ||||||
22 | Surveyor or Surveyor Intern Land
Surveyor-in-Training without | ||||||
23 | a
hearing, simultaneously with the institution of proceedings | ||||||
24 | for a hearing
under Section 29 of this Act, if the Secretary |
| |||||||
| |||||||
1 | finds that
evidence in his possession indicates that a | ||||||
2 | Professional Land Surveyor's
or Surveyor Intern's Land | ||||||
3 | Surveyor-in-Training's continuation in practice would | ||||||
4 | constitute an
imminent danger to the public.
In the event that | ||||||
5 | the Secretary temporarily suspends the license of a
| ||||||
6 | Professional Land Surveyor or Surveyor Intern Land | ||||||
7 | Surveyor-in-Training without a hearing,
a hearing by the Board | ||||||
8 | must
be commenced within 30 days after such suspension has | ||||||
9 | occurred.
| ||||||
10 | (Source: P.A. 96-626, eff. 8-24-09.)
| ||||||
11 | (225 ILCS 330/44) (from Ch. 111, par. 3294)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 44. Plats and licenses as prima facie evidence; record | ||||||
14 | Record of plats. All plats and licenses issued by a | ||||||
15 | Professional Land Surveyor under
his hand and seal shall be | ||||||
16 | received as prima facie evidence in all courts
in this State. A | ||||||
17 | Professional Land Surveyor is entitled to have his plats | ||||||
18 | recorded in the
county where the land affected lies; provided, | ||||||
19 | however, plats of
subdivision or dedication are subject to any | ||||||
20 | statutory provisions relating to the
approval, recording and | ||||||
21 | filing of plats of subdivision or dedication. A Professional | ||||||
22 | Land Surveyor may administer and certify oaths to be included | ||||||
23 | as prima facie evidence for the following: | ||||||
24 | (1) testimony for the identification or establishment | ||||||
25 | of old, lost, or obliterated corners; |
| |||||||
| |||||||
1 | (2) testimony and evidence concerning perpetuation of | ||||||
2 | a corner or monument; or | ||||||
3 | (3) testimony for the performance or preparation of the | ||||||
4 | survey.
| ||||||
5 | (Source: P.A. 86-987 .)
| ||||||
6 | (225 ILCS 330/48) (from Ch. 111, par. 3298)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
8 | Sec. 48. Fund, appropriations, investments and audits. The | ||||||
9 | moneys
deposited in the Design Professionals Administration | ||||||
10 | and Investigation Fund
from fines and fees under this Act shall | ||||||
11 | be appropriated to the Department
exclusively for expenses of | ||||||
12 | the Department and the Board in the
administration of this Act, | ||||||
13 | the Illinois Architecture Practice Act, the
Professional | ||||||
14 | Engineering Practice Act of 1989, and the Structural
| ||||||
15 | Engineering Practice Act of 1989. The expenses of the | ||||||
16 | Department under
this Act shall be limited to the ordinary and | ||||||
17 | contingent expenses of the
Design Professionals Dedicated | ||||||
18 | Employees within the Department as
established under Section | ||||||
19 | 2105-75 of the Department of
Professional Regulation Law (20 | ||||||
20 | ILCS 2105/2105-75)
and other expenses related to the | ||||||
21 | administration and enforcement of this Act.
| ||||||
22 | Moneys from the Fund may also be used for direct and | ||||||
23 | allocable indirect
costs related to the public purposes of the | ||||||
24 | Department of Financial and Professional
Regulation. Moneys in | ||||||
25 | the Fund may be transferred to the Professions Indirect
Cost |
| |||||||
| |||||||
1 | Fund as authorized by Section 2105-300 of the Department of
| ||||||
2 | Professional Regulation Law (20 ILCS 2105/2105-300).
| ||||||
3 | Moneys in the Design Professionals Administration and | ||||||
4 | Investigation Fund
may be invested and reinvested with all | ||||||
5 | earnings received from the
investments to be deposited in the | ||||||
6 | Design Professionals Administration and
Investigation Fund and | ||||||
7 | used for the same purposes as fees deposited in
that Fund.
| ||||||
8 | Upon the completion of any audit of the Department as | ||||||
9 | prescribed by the
Illinois State Auditing Act that includes an | ||||||
10 | audit of the Design
Professionals Administration and | ||||||
11 | Investigation Fund, the Department shall
make the audit open to | ||||||
12 | inspection by any interested person. The copy of
the audit | ||||||
13 | report required to be submitted to the Department by this
| ||||||
14 | Section is in addition to copies of audit reports required to | ||||||
15 | be submitted
to other State officers and agencies by Section | ||||||
16 | 3-14 of the Illinois State
Auditing Act.
| ||||||
17 | (Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16, | ||||||
18 | eff.
6-28-01 .)
|