Bill Amendment: IL SB0658 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROF LAND SURVEYOR-SUNSET

Status: 2019-08-09 - Public Act . . . . . . . . . 101-0313 [SB0658 Detail]

Download: Illinois-2019-SB0658-House_Amendment_001.html

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Rep. William Davis

Filed: 5/6/2019

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AMENDMENT TO SENATE BILL 658
AMENDMENT NO. ______. Amend Senate Bill 658 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Section 4.30 and by adding Section 4.40 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.

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The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
(5 ILCS 80/4.40 new)
Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
The Illinois Professional Land Surveyor Act of 1989.
Section 10. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12,
13, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30,
31, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding
Sections 4.5, 15.5, and 19.5 as follows:
(225 ILCS 330/4) (from Ch. 111, par. 3254)
(Section scheduled to be repealed on January 1, 2020)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Financial and
Professional Regulation.
(b) "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(c) "Board" means the Land Surveyors Licensing Board.

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(d) "Direct supervision and control" means the personal
review by a licensed professional land surveyor 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 Professional Land Surveyor or
the firm for which the professional land surveyor Professional
Land Surveyor is employed is the provider of the surveying
services.
(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 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 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) "Surveyor intern Intern" 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

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surveying 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
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.
(k) "Standard of care" means the use of the same degree of
knowledge, skill, and ability as an ordinarily careful and
reasonable professional land surveyor would exercise under
similar circumstances.
(l) "Establishing" means performing an original survey. An
original survey establishes boundary lines within an original
division of a tract of land which has theretofore existed as
one unit or parcel and describing and monumenting a line or
lines of a parcel or tract of land on the ground for the first
time. An original surveyor is the creator of one or more new
boundary lines.
(m) "Reestablishing" or "locating" means performing a

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retracement survey. A retracement survey tracks the footsteps
of the original surveyor, locating boundary lines and corners
which have been established by the original survey. A
retracement survey cannot establish new corners or lines or
correct errors of the original survey.
(n) "Boundary law principles" means applying the
decisions, results, and findings of land boundary cases that
concern the establishment of boundary lines and corners.
(o) "Email address of record" means the designated email
address of record by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.

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(225 ILCS 330/5) (from Ch. 111, par. 3255)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5. Practice of land surveying defined. Any person who
practices in Illinois as a professional land surveyor who
renders, offers to render, or holds himself or herself out as
able to render, or perform any service, the adequate
performance of which involves the special knowledge of the art
and application of the principles of the accurate and precise
measurement of length, angle, elevation or volume,
mathematics, the related physical and applied sciences, and the
relevant requirements of applicable boundary law principles
and performed with the appropriate standard of care, all of
which are acquired by education, training, experience, and
examination. Any one or a combination of the following
practices constitutes the practice of land surveying:
(a) Establishing or reestablishing, locating,
defining, and making or monumenting land boundaries or
title or real property lines and the platting of lands and
subdivisions;
(b) Determining the area or volume of any portion of
the earth's surface, subsurface, or airspace with respect
to boundary lines, determining the configuration or
contours of any portion of the earth's surface, subsurface,
or airspace or the location of fixed objects thereon,
except as performed by photogrammetric methods by persons
holding certification from the American Society of

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Photogrammetry and Remote Sensing or substantially similar
certification as approved by the Department, or except when
the level of accuracy required is less than the level of
accuracy required by the National Society of Professional
Surveyors Model Standards and Practice;
(c) Preparing descriptions for the determination of
title or real property rights to any portion or volume of
the earth's surface, subsurface, or airspace involving the
lengths and direction of boundary lines, areas, parts of
platted parcels or the contours of the earth's surface,
subsurface, or airspace;
(d) Labeling, designating, naming, preparing, or
otherwise identifying legal lines or land title lines of
the United States Rectangular System or any subdivision
thereof on any plat, map, exhibit, photograph,
photographic composite, or mosaic or photogrammetric map
of any portion of the earth's surface for the purpose of
recording and amending the same by the issuance of a
certificate of correction in the Office of Recorder in any
county;
(e) Any act or combination of acts that would be viewed
as offering professional land surveying services
including:
(1) setting monuments which have the appearance of
or for the express purpose of marking land boundaries,
either directly or as an accessory;

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(2) providing any sketch, map, plat, report,
monument record, or other document which indicates
land boundaries and monuments, or accessory monuments
thereto, except that if the sketch, map, plat, report,
monument record, or other document is a copy of an
original prepared by a professional land surveyor
Professional Land Surveyor, and if proper reference to
that fact be made on that document;
(3) performing topographic surveys, with the
exception of a licensed professional engineer
knowledgeable in topographical surveys who that
performs a topographical survey specific to his or her
design project. A licensed professional engineer may
not, however, offer topographic surveying services
that are independent of his or her specific design
project; or
(4) locating, relocating, establishing,
reestablishing, retracing, laying out, or staking of
the location, alignment, or elevation of any existing
or proposed improvements whose location is dependent
upon property, easement, and right-of-way boundaries;
(5) providing consultation, investigation,
planning, mapping, assembling, and authoritative
interpretation of gathered measurements, documents,
and evidence in relation to the location of property,
easement, and right-of-way boundaries; or

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(6) measuring, evaluating, mapping, or reporting
the location of existing or proposed buildings,
structures, or other improvements or their surrounding
topography with respect to current flood insurance
rate mapping or federal emergency management agency
mapping along with locating of inland wetland
boundaries delineated by a qualified specialist in
relation to the location of property, easement, and
right-of-way boundaries.
(f) Determining the horizontal or vertical position or
state plane coordinates for any monument or reference point
that marks a title or real property line, boundary, or
corner, or to set, reset, or replace any monument or
reference point on any title or real property;
(g) Creating, preparing, or modifying electronic or
computerized data or maps, including land information
systems and geographic information systems, relative to
the performance of activities in items (a), (b), (d), (e),
(f), and (h) of this Section, except where electronic means
or computerized data is otherwise utilized to integrate,
display, represent, or assess the created, prepared, or
modified data;
(h) Determining or adjusting any control network or any
geodetic control network or cadastral data as it pertains
to items (a) through (g) of this Section together with the
assignment of measured values to any United States

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Rectangular System corners, title or real property corner
monuments or geodetic monuments;
(i) Preparing and attesting to the accuracy of a map or
plat showing the land boundaries or lines and marks and
monuments of the boundaries or of a map or plat showing the
boundaries of surface, subsurface, or air rights;
(j) Executing and issuing certificates, endorsements,
reports, or plats that portray the horizontal or vertical
relationship between existing physical objects or
structures and one or more corners, datums, or boundaries
of any portion of the earth's surface, subsurface, or
airspace;
(k) Acting in direct supervision and control of land
surveying activities or acting as a manager in any place of
business that solicits, performs, or practices land
surveying;
(l) Boundary analysis and determination of property,
easement, or right-of-way lines on any plat submitted for
regulatory review by governmental or municipal agencies;
(m) Offering or soliciting to perform any of the
services set forth in this Section.
In the performance of any of the foregoing functions, a
licensee shall adhere to the standards of professional conduct
enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing

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functions unless such person specifically contracts to perform
such functions.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/6) (from Ch. 111, par. 3256)
(Section scheduled to be repealed on January 1, 2020)
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
functions, powers, and duties:
(1) Authorize Conduct or authorize examinations to
ascertain the fitness and qualifications of applicants for
licensure and pass upon the qualifications and fitness of
applicants for licensure by endorsement issue licenses to
those who are found to be fit and qualified.
(2) Adopt rules required for the administration of this
Act Prescribe rules for a method of examination.
(3) Conduct hearings on proceedings to refuse to issue
or renew, revoke, or suspend licenses, or place on
probation or reprimand persons or entities licensed under
this Act or refuse to issue, renew, or restore a license,
or other disciplinary actions.
(4) Adopt rules for what constitutes land surveying
experience Promulgate rules and regulations required for

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the administration of this Act.
(5) Adopt rules defining what constitutes an approved
surveying or related science curriculum License
corporations, partnerships, and all other business
entities for the practice of professional surveying and
issue a license to those who qualify.
(6) Issue licenses to those who meet the requirements
of this Act 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) Review application qualifications to sit for the
examination or for licensure that the Board designates
pursuant to Section 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

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rules affecting these matters, and consult with the Board
on other matters affecting administration of the Act.
(9) Adopt (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.
(10) Conduct investigations related to possible
violations of this Act.
(11) Post on the Department's website a newsletter
describing the most recent changes to this Act and the
rules adopted under this Act and containing information of
any final disciplinary action that has been ordered under
this Act since the date of the last newsletter.
(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 shall notify
the Board in writing with an explanation of any deviation from
the Board's recommendation. After review of the Secretary's
explanation of his or her reasons for deviation, the Board
shall have the opportunity to comment upon the Secretary's
decision.
Whenever the Secretary is not satisfied that substantial

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justice has been done in the revocation or suspension of a
license or other disciplinary action, the Secretary may order
re-hearing by the same or other boards.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/7) (from Ch. 111, par. 3257)
(Section scheduled to be repealed on January 1, 2020)
Sec. 7. Creation of the Board; Composition and
qualifications and terms of the Board.
(a) The Secretary shall appoint a Professional Land
Surveyor Board. The Board shall be appointed by the Secretary
and shall consist of 7 members who shall serve in an advisory
capacity to the Secretary , one of whom shall be a public
member and 6 of whom shall be Professional Land Surveyors. All
The members shall be residents of Illinois. Six members Each
Professional Land Surveyor member shall (i) (a) currently hold
a valid professional land surveyor Professional Land Surveyor
license in Illinois and shall have held the license under this
Act or its predecessor for the preceding previous 10 years year
period, and (ii) shall not (b) have not been disciplined within
the preceding last 10 years year period under this Act or its
predecessor. In addition to the 6 professional land surveyors,
there shall be one public member. The public member shall be a
voting member and shall not be licensed under this Act or any
other design profession licensing Act that the Department
administers.

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(b) Board members Members shall be appointed who reasonably
represent the different geographic areas of Illinois and shall
serve for 5-year 5 year terms, and until their successors are
qualified and appointed.
(c) In appointing members to the Board, the Secretary shall
give due consideration to recommendations by members and
organizations of the professional land surveyor profession.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) No member shall be reappointed to the Board for a term
that would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms.
(f) Appointments to fill vacancies shall be made in the
same manner as original appointments for the unexpired portion
of the vacated term.
(g) Four members shall constitute a quorum. A quorum is
required for Board decisions.
(h) The Secretary may remove any member of the Board for
misconduct, incompetence, or neglect of duty or for reasons
prescribed by law for removal of State officials. The Secretary
may remove a member of the Board who does not attend 2
consecutive meetings.
(i) Notice of proposed rulemaking shall be transmitted to
the Board and the Department shall review the response of the
Board and any recommendations made therein.
(j) Members of the Board shall not be liable for damages in

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any action or proceeding as a result of activities performed as
members of the Board, except upon proof of actual malice.
(k) Members of the Board may be reimbursed for all
legitimate, necessary, and authorized expenses.
A member shall not be eligible for appointment to more than 10
years in a lifetime. Appointments to fill vacancies shall be
made for the unexpired portion of the term. 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 may receive compensation when
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 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 a current
list of candidates, as submitted by members of the land

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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 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. 96-626, eff. 8-24-09.)
(225 ILCS 330/8) (from Ch. 111, par. 3258)
(Section scheduled to be repealed on January 1, 2020)
Sec. 8. Powers and duties of the Board; quorum. Subject to
the provisions of this Act, the Board shall exercise the
following functions, powers, and duties:
(a) The Board shall hold at least 3 regular meetings
each year. Review applicant qualifications to sit for the
examination or for licensure and shall make
recommendations to the Department except for those
applicant qualifications that the Board designates as
routinely acceptable;
(b) The Board shall annually elect a chairperson and a
vice chairperson who shall be Illinois licensed
professional land surveyors. Conduct hearings regarding
disciplinary actions and submit a written report to the
Secretary as required by this Act and provide a Board

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member at informal conferences;
(c) The Board, upon request by the Department, may make
a curriculum evaluation to approve a land surveying degree
or a related science degree. Visit universities or colleges
to evaluate surveying curricula and submit to the Secretary
a written recommendation of acceptability of the
curriculum;
(d) (Blank). Submit a written recommendation to the
Secretary 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) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, informal
conferences, and formal evidentiary hearings.
(h) The Board shall review applicant qualifications to
sit for the examination for licensure and shall make
recommendations to the Department except for those
applicant qualifications that the Board designates as
routinely acceptable.
(g) Hold at least 3 regular meetings each year; and
(h) The Board shall annually elect a Chairperson and a Vice

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Chairperson who shall be licensed Illinois Professional Land
Surveyors.
A quorum of the Board shall consist of 4 members. A quorum
is required for all Board decisions.
Subject to the provisions of this Act, the Board may
exercise the following duties as deemed necessary by the
Department: (i) review education and experience qualifications
of applicants, including conducting oral interviews; (ii)
determine eligibility as a Professional Land Surveyor or
Surveyor Intern; and (iii) submit to the Secretary
recommendations on applicant qualifications for enrollment and
licensure.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/10) (from Ch. 111, par. 3260)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Application for licensure original license.
(a) Applications for original licenses shall be made to the
Department in writing on forms or electronically as prescribed
by the Department and shall be accompanied by the required fee,
which shall not be refundable. All applications shall contain
information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for a license as a professional land surveyor or
surveyor intern. The Department may require an applicant, at
the applicant's expense, to have an evaluation of the

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applicant's education in a foreign country by a nationally
recognized evaluation service approved by the Department in
accordance with rules adopted by the Department.
(b) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
Every person who desires to obtain a license shall apply to the
Department in 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 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 an
evaluating service approved by the Department 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

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of the Test of English as a Foreign Language (TOEFL) and a test
of spoken English as defined by rule.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/11) (from Ch. 111, par. 3261)
(Section scheduled to be repealed on January 1, 2020)
Sec. 11. Examination; failure or refusal to take.
(a) The Department shall authorize examinations of
applicants for a license under this Act at such times and
places as it may determine by rule. The examinations shall be
of a character to give a fair test of the qualifications of the
applicant to practice as a professional land surveyor or
surveyor intern.
(b) Applicants for examination are required to pay, either
to the Department or the designated testing service, a fee
covering the cost of providing the examination. Failure to
appear for the examination on the scheduled date, at the time
and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee.
(c) If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing the
application, the application shall be denied. However, such
applicant may thereafter make a new application for examination
accompanied by the required fee and must furnish proof of

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meeting the qualifications for examination in effect at the
time of new application.
(d) All applicants for licensing as a professional land
surveyor shall be required to pass a jurisdictional examination
to determine the applicant's knowledge of the surveying tasks
unique to the State of Illinois and the laws relating thereto.
The Department shall authorize examinations, as recommended
and approved by the Board, for licensure as Surveyor Interns
and Professional Land Surveyors at such times and places as it
may determine.
The examination of an applicant for licensure as a Surveyor
Intern or a Professional Land Surveyor may include examinations
as defined by rule. The substance and form of the examination
shall be as recommended and approved by the Board. Each
applicant shall be examined as to his knowledge of the statutes
of the United States of America and the State of Illinois
relating to the practice of land surveying and mathematics as
applied to land surveying.
All applicants for licensing as a Professional Land
Surveyor shall be required to pass, as a portion of the
examination, a jurisdictional examination to determine the
applicant's knowledge of the surveying tasks unique to the
State of Illinois, and the laws relating thereto.
Applicants for any examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination. Failure to

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appear for the examination on the scheduled date, at the time
and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee. If an applicant
neglects, fails, or refuses to take an examination for
registration under this Act within 3 years after filing his
application, the application fee shall be forfeited to the
Department and the application denied. However, the applicant
may thereafter make a new application for examination,
accompanied by the required fee.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/12) (from Ch. 111, par. 3262)
(Section scheduled to be repealed on January 1, 2020)
Sec. 12. Qualifications for licensing.
(a) A person is qualified to receive a license as a
professional land surveyor Professional Land Surveyor and the
Department shall issue a license to a person:
(1) who has applied in writing in the required form to
the Department or electronically;
(2) (blank);
(2) (2.5) who has not violated any provision of this
Act or its rules;
(3) who is of good ethical character, including
compliance with the Code of Ethics and Standards of

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Practice adopted promulgated by rule under 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;
(4) who has been issued a license as a surveyor intern
Surveyor Intern;
(5) who, subsequent to passing the examination
authorized by the Department for licensure as a surveyor
intern Surveyor Intern, 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;
(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 Professional Land
Surveyor; and
(7) who satisfies one of the following educational
requirements:
(A) is a graduate of an approved land surveying
curriculum of at least 4 years who has passed an
examination in the fundamentals of surveying, as
defined by rule; or
(B) is a graduate of a baccalaureate curriculum of
at least 4 years, including at least 24 semester hours
of land surveying courses from an approved land
surveying curriculum and the related science courses,
who has passed an examination in the fundamentals of

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surveying, as defined by rule.
(b) A person is qualified to receive a license as a
surveyor intern Surveyor Intern and the Department shall issue
a license to a person:
(1) who has applied in writing in the required form
provided by the Department or electronically;
(2) (blank);
(3) 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 surveyor intern Surveyor Intern 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. 100-171, eff. 1-1-18.)
(225 ILCS 330/13) (from Ch. 111, par. 3263)
(Section scheduled to be repealed on January 1, 2020)
Sec. 13. Minimum standards for enrollment as a surveyor
intern Surveyor Intern. To enroll as a surveyor intern Surveyor
Intern, an applicant must be:
(1) a graduate of an approved land surveying curriculum

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of at least 4 years who has passed an examination in the
fundamentals of surveying, as defined by rule;
(2) an applicant in the last year of an approved land
surveying or related science curriculum who passes an
examination in the fundamentals of surveying, as defined by
rule, and furnishes proof that the applicant graduated
within a 12-month period following the examination; or
(3) a graduate of a baccalaureate curriculum of at
least 4 years, including at least 24 semester hours of land
surveying courses from an approved land surveying
curriculum and the related science courses, as defined by
rule, who passes an examination in the fundamentals of
surveying, as defined by rule.
(Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
(225 ILCS 330/14) (from Ch. 111, par. 3264)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14. Display of license License to be displayed. Every
holder of a license under this Act as a Professional Land
Surveyor or Surveyor Intern shall display the license it in a
conspicuous place location in his or her office, place of
business, or place of employment.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/15) (from Ch. 111, par. 3265)
(Section scheduled to be repealed on January 1, 2020)

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Sec. 15. Seal. Every professional land surveyor
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 Professional Land Surveyor, and the words
"Professional Land Surveyor, State of Illinois". A
professional land surveyor Professional Land Surveyor shall
seal all documents prepared by or under the direct supervision
and control of the professional land surveyor Professional Land
Surveyor. Any seal authorized or approved by the Department
under the Illinois Land Surveyors Act shall serve the same
purpose as the seal provided for by this Act. The licensee's
written signature and date of signing along with the date of
license expiration shall be placed adjacent to the seal. The
licensee may provide, at his or her sole discretion, an
original signature in the licensee's handwriting, a scanned
copy of the document bearing an original signature, or a
signature generated by a computer.
It is unlawful to affix one's seal to documents if it masks
the true identity of the person who actually exercised
direction, control, and supervision of the preparation of that
work. A professional land surveyor Professional Land Surveyor
who seals and signs documents is not responsible for damage
caused by subsequent changes to or uses of those documents
where the subsequent changes or uses, including changes or uses

10100SB0658ham001 - 28 - LRB101 04419 RPS 60207 a
made by State or local governmental agencies, are not
authorized or approved by the professional land surveyor
Professional Land Surveyor who originally sealed and signed the
documents.
(Source: P.A. 98-289, eff. 1-1-14.)
(225 ILCS 330/15.5 new)
Sec. 15.5. Titles.
(a) A professional land surveyor may use the initials
"P.L.S." and "L.S." and the title of "Professional Land
Surveyor" or any of its derivations in Illinois.
(b) A surveyor intern may use the initials "S.I." and the
title of "Surveyor Intern" or any of its derivations in
Illinois.
(225 ILCS 330/16) (from Ch. 111, par. 3266)
(Section scheduled to be repealed on January 1, 2020)
Sec. 16. Unlicensed practice; violation; civil penalty
Unlawful to practice without license or registration.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
professional land surveyor or surveyor intern without being
licensed or exempt 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 for each offense,
as determined by the Department. The civil penalty shall be

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assessed by the Department after a hearing is held in
accordance with this Act regarding the provision of a hearing
for the discipline of a licensee.
(b) A firm or business that offers design services under
this Act without being licensed as a professional design firm
or exempt 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 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 this Act regarding the provision of a hearing
for the discipline of a licensee.
(c) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(d) 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 final judgment and may be filed and
executed in the same manner as any judgment from any court of
record.
(e) A person or entity not registered under this Act who
has violated any provision of this Act or its rules is guilty
of a Class A misdemeanor for the first offense and a Class 4
felony for a second and subsequent offense.
It is unlawful for any person, sole proprietorship,
professional service corporation, corporation, partnership,
limited liability company, or other entity to practice land

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surveying, or advertise or display any sign, card or other
device which might indicate to the public that the person or
entity is entitled to practice as a land surveyor, or use the
initials "P.L.S.", "L.S.", or "S.I.", use the title
"Professional Land Surveyor" or "Surveyor Intern" or any of
their derivations, unless such person holds a valid active
license as a Professional Land Surveyor or Surveyor Intern in
the State of Illinois, or such professional service
corporation, corporation, partnership, sole proprietorship,
limited liability company, or other entity is in compliance
with this Act.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/17) (from Ch. 111, par. 3267)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17. Surveyor intern Intern; supervision. It is
unlawful for any surveyor intern Surveyor Intern licensed under
this Act to practice or attempt to practice land surveying
except when in responsible charge under the overall supervision
of a professional land surveyor Professional Land Surveyor.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/18) (from Ch. 111, par. 3268)
(Section scheduled to be repealed on January 1, 2020)
Sec. 18. Renewal, reinstatement, or restoration of
license; persons Persons in military service.

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(a) The expiration date and renewal period for each license
as a professional land surveyor 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.
(b) A professional land surveyor who has permitted his or
her license to expire or has had his or her license placed on
inactive status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have his or her license
restored, including, but not limited to, sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department and by paying the required fee
as determined by rule Any Professional Land Surveyor whose
license has been inactive for less than 5 years is required to
pay the current renewal fee and shall have his or her license
restored.
(c) A professional land surveyor whose license has expired
while engaged (1) in federal service on active duty with the
Armed Forces of the United States or the State Militia called
into service or training, or (2) in training or education under
the supervision of the United States before induction into the
military service, may have the license restored or reinstated
without paying any lapsed reinstatement, renewal, or
restoration fees if within 2 years after termination other than
by dishonorable discharge of such service, training, or

10100SB0658ham001 - 32 - LRB101 04419 RPS 60207 a
education the Department is furnished with satisfactory
evidence that the licensee has been so engaged in the practice
of land surveying and that such service, training, or education
has so terminated. 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 Department 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
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.
(d) A license for a surveyor intern Surveyor Intern does
not expire.

10100SB0658ham001 - 33 - LRB101 04419 RPS 60207 a
(e) A professional land surveyor who has been actively
licensed by the Department for 10 or more consecutive years
with no prior disciplinary action or pending disciplinary
proceedings shall be deemed compliant with continuing
education hour requirements upon completion of half the number
of hours required by rule.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/18.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 18.5. Continuing education. The Department may adopt
promulgate rules of continuing education for persons licensed
under this Act. The Department 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. For the purposes of this
Act, continuing education shall also be known as professional
development.
(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, 2020)
Sec. 19. Inactive status; Restoration. Any person who
notifies the Department, in writing on forms prescribed by the
Department, may place his or her license on an inactive status

10100SB0658ham001 - 34 - LRB101 04419 RPS 60207 a
and shall be excused from the payment of renewal fees until he
or she notifies the Department in writing of the intention 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 Professional Land Surveyor
whose license is in an inactive status shall not practice land
surveying in the State of Illinois.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/19.5 new)
Sec. 19.5. Professional Land Surveyor, Retired.
(a) Pursuant to Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the Department may grant the title "Professional Land
Surveyor, Retired" to any person who has been duly licensed as
a professional land surveyor by the Department and who has
chosen to place his or her license on inactive status or not

10100SB0658ham001 - 35 - LRB101 04419 RPS 60207 a
renew his or her license. Those persons granted the title
"Professional Land Surveyor, Retired" may request restoration
to active status under the applicable provisions of this Act.
(b) The use of the title "Professional Land Surveyor,
Retired" shall not constitute representation of current
licensure. Any person without an active license shall not be
permitted to practice professional land surveying as defined in
this Act.
(c) Nothing in this Section shall be construed to require
the Department to issue any certificate, credential, or other
official document indicating that a person has been granted the
title "Professional Land Surveyor, Retired".
(225 ILCS 330/20) (from Ch. 111, par. 3270)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Endorsement. Upon payment of the required fee, an
applicant who is a Professional Land Surveyor, licensed or
otherwise legally recognized as a Land Surveyor under the laws
of another state or territory of the United States may be
granted a license as an Illinois Professional Land Surveyor by
the Department with approval of the Board upon the following
conditions:
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as a professional land surveyor to an applicant
licensed under the laws of another state, the District of

10100SB0658ham001 - 36 - LRB101 04419 RPS 60207 a
Columbia, or a U.S. territory if the requirements for licensure
in that jurisdiction were, on the date of original licensure,
substantially equivalent to the requirements then in force in
this State. That the applicant meets the requirements for
licensing in this State, and that the requirements for
licensing or other legal recognition of Land Surveyors in the
particular state or territory were, at the date of issuance of
the license or certificate, equivalent to the requirements then
in effect in the State of Illinois; and
(b) All applicants for endorsement shall pass That the
applicant passes a jurisdictional examination to determine the
applicant's knowledge of the surveying tasks unique to the
State of Illinois and the laws pertaining thereto.
(c) If the accuracy of any submitted documentation or
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
(d) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 93-467, eff. 1-1-04.)

10100SB0658ham001 - 37 - LRB101 04419 RPS 60207 a
(225 ILCS 330/21) (from Ch. 111, par. 3271)
(Section scheduled to be repealed on January 1, 2020)
Sec. 21. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses by all applicants. All fees are
not refundable.
(b) The fees for the administration and enforcement of this
the Act, including, but not limited to, original licensure,
renewal, and restoration, shall be set by rule by the
Department.
(c) All fees and fines collected as authorized under this
Act shall be deposited into in the Design Professionals
Administration and Investigation Fund. Of the moneys deposited
into the Design Professionals Administration and Investigation
Fund, the Department may use such funds as necessary to produce
and distribute newsletters to persons licensed under this Act.
(Source: P.A. 91-132, eff. 1-1-00.)
(225 ILCS 330/25) (from Ch. 111, par. 3275)
(Section scheduled to be repealed on January 1, 2020)
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

10100SB0658ham001 - 38 - LRB101 04419 RPS 60207 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.
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 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
Professional Land Surveyor under this Act.

10100SB0658ham001 - 39 - LRB101 04419 RPS 60207 a
(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
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

10100SB0658ham001 - 40 - LRB101 04419 RPS 60207 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.
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 the a
professional design firm shall notify the Department of this
fact in writing, by regular certified mail or email, within 10
business days of such termination. Thereafter, the

10100SB0658ham001 - 41 - LRB101 04419 RPS 60207 a
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 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 30 day period.
If the professional design firm has not notified the
Department in writing, by regular certified mail or email
within the specified time, the registration shall be terminated
without prior hearing. Notification of termination shall be
sent by regular certified mail or email to the address of
record 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 16 and 27, 43, and 16.5 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

10100SB0658ham001 - 42 - LRB101 04419 RPS 60207 a
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
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 resident professional 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. 96-626, eff. 8-24-09.)
(225 ILCS 330/27) (from Ch. 111, par. 3277)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, place on probation, reprimand, or
administrative supervision, suspend, or revoke any license, or
may reprimand or take other any disciplinary or
non-disciplinary action as the Department may deem proper,

10100SB0658ham001 - 43 - LRB101 04419 RPS 60207 a
including the imposition of fines not to exceed $10,000 per
violation, with regard to any license issued under this Act,
upon any person, corporation, partnership, or professional
land surveying firm licensed or registered under this Act for
any one or a combination of the following reasons:
(1) Material material misstatement in furnishing
information to the Department. ;
(2) Negligence, incompetence, or misconduct in the
practice of land surveying. violation, including, but not
limited to, neglect or intentional disregard, of this Act,
or its rules;
(3) Failure to comply with any provision of this Act or
any of its rules. 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;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under this
Act. 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 purposefully making false statements

10100SB0658ham001 - 44 - LRB101 04419 RPS 60207 a
or signing false statements, certificates, or affidavits
to induce payment. ;
(6) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, that is directly related to the
practice of the profession of land surveying. proof of
carelessness, incompetence, negligence, or misconduct in
practicing land surveying;
(7) Aiding aiding or assisting another person in
violating any provision of this Act or its rules. ;
(8) Failing failing to provide information in response
to a written request made by the Department within 60 30
days after receipt of such written request. ;
(9) Engaging engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public. ;
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety. inability to practice with

10100SB0658ham001 - 45 - LRB101 04419 RPS 60207 a
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;
(11) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. 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) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with such terms. 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) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability. a finding by the

10100SB0658ham001 - 46 - LRB101 04419 RPS 60207 a
Department 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) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other government agency if at least one
of the grounds for discipline is the same or substantially
equivalent to those set forth in this Act. practicing on an
expired, inactive, suspended, or revoked license;
(15) The making of any willfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act. 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) Using or attempting to use an expired, inactive,
suspended, or revoked license or the certificate or seal of
another or impersonating another licensee. inability to
practice the profession with reasonable judgment, skill,
or safety as a result of physical illness, including, but
not limited to, deterioration through the aging process or
loss of motor skill or a mental illness or disability;
(17) Directly or indirectly giving to or receiving from

10100SB0658ham001 - 47 - LRB101 04419 RPS 60207 a
any person or entity any fee, commission, rebate, or other
form of compensation for any professional service not
actually or personally rendered. (blank); or
(18) Issuing a map or plat of a survey where the fee
for professional services is contingent on a real estate
transaction closing failure to adequately supervise or
control land surveying operations being performed by
subordinates.
(19) Signing or affixing the professional land
surveyor's seal or permitting the seal to be affixed to any
map or plat of a survey not prepared by the professional
land surveyor or under the professional land surveyor's
direct supervision and control.
(20) Failure to adequately supervise or control land
surveying operations being performed by subordinates.
(a-5) In enforcing this Section, the Department or 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 Department or Board may
order the examining physician to present testimony concerning
the 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 examining physician.

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The examining physicians shall be specifically designated by
the Board or Department. The individual 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 an individual to submit to a mental or physical
examination when directed shall be grounds for the immediate
suspension of his or her license until the individual submits
to the examination if the Department finds that the refusal to
submit to the examination was without reasonable cause as
defined by rule.
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 person's license
pursuant to the results of a compelled mental or physical
examination, a hearing on that person's license 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 subject
individual's record of treatment and counseling regarding
impairment 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

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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.
(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 Secretary Director that the
licensee be allowed to resume his or her practice.
(c) (Blank).
(d) If 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 shall refuse to issue or renew or
shall revoke or suspend that person's license or shall 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 2105-15 of the Department of Professional

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Regulation Law of the Civil Administrative Code of Illinois (20
ILCS 2105/2105-15).
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her 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 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 330/28) (from Ch. 111, par. 3278)
(Section scheduled to be repealed on January 1, 2020)
Sec. 28. Injunction; cease Cease and desist order.
(a) If any person or entity violates the provisions of this
Act, the Secretary, in the name of the People 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

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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.
(b) (a-5) Whenever, in the opinion of the Department, a
person or entity 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 or entity.
The rule shall clearly set forth the grounds relied upon by the
Department and shall allow at least 7 days from the date of the
rule to file an answer satisfactory to the Department. Failure
to answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued.
(b) (Blank).
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/29) (from Ch. 111, par. 3279)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person or other entity holding, applying
for or claiming to hold a license under this Act , or
practicing or offering to practice land surveying.
(b) Before the initiation of a formal complaint an

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investigation, the matter shall be reviewed by a subcommittee
of the Board according to procedures established by rule for
the Complaint Committee. If a subcommittee has not been formed,
the matter shall proceed through the process as stated in
subsection (c).
(c) The Department shall, before disciplining an applicant
or licensee 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, (i) notify the applicant or licensee person
accused in writing of the any charges made and the time and
place for the hearing on the charges, (ii) shall direct the
applicant person or licensee entity to file a written answer to
the charges Board under oath within 20 days after the service
of the notice, and (iii) inform the applicant person or
licensee entity that failure if the person or entity fails to
file a written an answer to the charges will result in a
default being entered against the applicant or licensee 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 may deem proper.
(d) Written or electronic This written notice, and any
notice in the subsequent proceeding, may be served by personal
delivery, by email, or by mail to the applicant or licensee at
his or her address of record or email address of record. to the

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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.
(e) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties and their counsel shall be
accorded ample opportunity to present any statement,
testimony, evidence, and argument as may be pertinent to the
charges or to the applicant's or licensee's defense. The Board
or hearing officer may continue the hearing from time to time.
(f) In case the licensee person or applicant, after
receiving the notice, entity fails to file an answer after
receiving notice, the his or her license or certificate may, in
the discretion of the Secretary Department, having first
received the recommendation of the Board, be suspended,
revoked, or placed on probationary status, or be subject to the
Department may take whatever disciplinary action the Secretary
considers 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 Department may from time to time employ individual land
surveyors possessing the same minimum qualifications as
required for Board candidates to assist with its investigative
duties.
(g) 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. 96-626, eff. 8-24-09.)
(225 ILCS 330/30) (from Ch. 111, par. 3280)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30. Record of proceedings Stenographer; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case where a license may be is revoked,
suspended, placed on probationary status, reprimanded, fined,
or subjected to other disciplinary action with reference to the
license when a disciplinary action is authorized under this Act
and its rules or other disciplinary action is taken. The notice
of hearing, complaint, and all other documents in the nature of

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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 record may be made available to any person
interested in the hearing upon payment of the fee required by
Section 2105-115 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/31) (from Ch. 111, par. 3281)
(Section scheduled to be repealed on January 1, 2020)
Sec. 31. Subpoenas, depositions, oaths.
(a) 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.
(b) The Secretary, the designated hearing officer, and
every member of the Board has the power to administer oaths to

10100SB0658ham001 - 56 - LRB101 04419 RPS 60207 a
witnesses at any hearing that the Department is authorized to
conduct and any other oaths authorized in any Act administered
by the Department.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/33) (from Ch. 111, par. 3283)
(Section scheduled to be repealed on January 1, 2020)
Sec. 33. Hearing; motion for rehearing Notice of hearing;
Findings and recommendations.
(a) The Board or hearing officer appointed by the Secretary
shall hear evidence in support of the formal charges and
evidence produced by the licensee. At the conclusion of the
hearing, the Board or hearing officer shall present to the
Secretary a written report of its findings of fact, conclusions
of law, and recommendations. If the Board fails to present its
report, the applicant or licensee may request in writing a
direct appeal to the Secretary, in which case the Secretary may
issue an order based upon the report of the hearing officer and
the record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order.
(b) At the conclusion of the hearing, a copy of the Board's
or hearing officer's report shall be served upon the applicant
or licensee, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after such service, the applicant or licensee may present to

10100SB0658ham001 - 57 - LRB101 04419 RPS 60207 a
the Department a motion, in writing, for a rehearing that shall
specify the particular grounds for rehearing. The Department
may respond to the motion for rehearing within 20 calendar days
after its service on the Department. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing such a motion, or upon denial of a motion for rehearing,
the Secretary may enter an order in accordance with the
recommendations of the Board or hearing officer. If the
applicant or licensee orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20 calendar day period within which
a motion may be filed shall commence upon delivery of the
transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
At the conclusion of the hearing the Board shall present to the
Secretary a written report of its findings and recommendations.
The report shall contain a finding whether or not the accused

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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.
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, in which case the Secretary
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. 96-626, eff. 8-24-09.)
(225 ILCS 330/36) (from Ch. 111, par. 3286)
(Section scheduled to be repealed on January 1, 2020)
Sec. 36. Hearing Appointment of a hearing officer.
Notwithstanding any provision in the provisions of Section 33
of this Act, the Secretary 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 refusal to
issue or renew a license or discipline a licensee. The Board
may have at least one member present at any hearing conducted
by the hearing officer. The hearing officer has full authority
to conduct the hearing. The Board has the right to have at

10100SB0658ham001 - 59 - LRB101 04419 RPS 60207 a
least one member present at any hearing conducted by such
hearing officer. The hearing officer shall report his or her
findings of fact, conclusions of law, and recommendations to
the Board and to the Secretary. The Board shall have 60 days
from receipt of the report to review the report of the hearing
officer and present their findings of fact, conclusions of law
and recommendations to the Secretary. If the Board fails to
present its report within the 60 day period, the Secretary
shall issue an order based on the report of the hearing
officer. If the Secretary disagrees in any regard with the
report of the Board or hearing officer, he may issue an order
in contravention thereof. The Secretary shall provide a written
explanation to the Board on any such deviation.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 330/38) (from Ch. 111, par. 3288)
(Section scheduled to be repealed on January 1, 2020)
Sec. 38. Restoration from disciplinary status of suspended
or revoked license.
(a) At any time after the successful completion of a term
of probation, suspension, or revocation of any license under
this Act, the Department may restore the license it to the
licensee accused person upon the written recommendation of the
Board, unless after an investigation and a hearing the
Department Board determines that restoration is not in the
public interest.

10100SB0658ham001 - 60 - LRB101 04419 RPS 60207 a
(b) Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee before restoring his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
such time as provided for in the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a
licensee restoring his or her license from suspension or
revocation must comply with the requirements for restoration as
set forth in Section 18 and any related rules adopted.
(Source: P.A. 86-987.)
(225 ILCS 330/40) (from Ch. 111, par. 3290)
(Section scheduled to be repealed on January 1, 2020)
Sec. 40. Temporary suspension of a license. The Secretary
may temporarily suspend the license of a professional land
surveyor Professional Land Surveyor or surveyor intern
Surveyor Intern without a hearing, simultaneously with the
institution of proceedings for a hearing under Section 29 of
this Act, if the Secretary finds that evidence in his or her
possession indicates that a professional land surveyor's
Professional Land Surveyor's or surveyor intern's Surveyor
Intern's continuation in practice would constitute an imminent
danger to the public. If In the event that the Secretary

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temporarily suspends the license of a professional land
surveyor Professional Land Surveyor or surveyor intern
Surveyor Intern without a hearing, a hearing by the Board must
be commenced within 30 days after such suspension has occurred.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/41) (from Ch. 111, par. 3291)
(Section scheduled to be repealed on January 1, 2020)
Sec. 41. Review under Administrative review Review Law.
(a) All final administrative decisions of the Department
under this Act are subject to judicial review pursuant to the
Administrative Review Law, as now or hereafter amended, and its
rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court Circuit Court of the county in which the
party applying for review resides, but ; provided, that if the
such party is not a resident of this State, the venue shall be
in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court or to otherwise
appear in any court in a judicial review proceeding unless and
until the Department has received from the plaintiff payment of
the costs of furnishing and certifying the record, which costs
shall be determined by the Department.
(d) Failure on the part of the plaintiff to file a receipt

10100SB0658ham001 - 62 - LRB101 04419 RPS 60207 a
in court shall be grounds for dismissal of the action.
(e) During the pendency and hearing of any and all judicial
proceedings incident to a disciplinary action the sanctions
imposed upon the plaintiff by the Department shall remain in
full force and effect.
(Source: P.A. 86-987.)
(225 ILCS 330/44) (from Ch. 111, par. 3294)
(Section scheduled to be repealed on January 1, 2020)
Sec. 44. Plats and licenses as prima facie evidence; record
Record of plats. All plats and licenses issued by a
professional land surveyor Professional Land Surveyor under
his or her hand and seal shall be received as prima facie
evidence in all courts in this State. A professional land
surveyor Professional Land Surveyor is entitled to have his or
her plats recorded in the county where the land affected lies;
provided, however, plats of subdivision or dedication are
subject to any statutory provisions relating to the approval,
recording, and filing of plats of subdivision or dedication.
(Source: P.A. 86-987.)
(225 ILCS 330/45) (from Ch. 111, par. 3295)
(Section scheduled to be repealed on January 1, 2020)
Sec. 45. Entry upon adjoining land; liability Liability for
damages. A professional land surveyor Professional Land
Surveyor, or persons under his or her direct supervision,

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together with his or her survey party, who, in the course of
making a survey, finds it necessary to go upon the land of a
party or parties other than the one for whom the survey is
being made is not liable for civil or criminal trespass and is
liable only for any actual damage done to the land or property.
(Source: P.A. 93-467, eff. 1-1-04.)
(225 ILCS 330/46) (from Ch. 111, par. 3296)
(Section scheduled to be repealed on January 1, 2020)
Sec. 46. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated as if all of the provisions of that Act were
included in this Act, except that the provision of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure
Act that provides that at hearings the licensee has the right
to show compliance with all lawful requirements for retention,
continuation, or renewal of the license is specifically
excluded. For the purpose of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed or emailed to the last
known address of record a party.
(Source: P.A. 88-45.)
(225 ILCS 330/48) (from Ch. 111, par. 3298)
(Section scheduled to be repealed on January 1, 2020)
Sec. 48. Fund, appropriations, investments and audits. The

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moneys deposited into in the Design Professionals
Administration and Investigation Fund from fines and fees under
this Act shall be appropriated to the Department exclusively
for expenses of the Department and the Board in the
administration of this Act, the Illinois Architecture Practice
Act, the Professional Engineering Practice Act of 1989, and the
Structural Engineering Practice Act of 1989. The expenses of
the Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
2105-75 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
and other expenses related to the administration and
enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Financial and Professional Regulation. Moneys in
the Fund may be transferred to the Professions Indirect Cost
Fund as authorized by Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois (20 ILCS 2105/2105-300).
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited into in
the Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited into in that

10100SB0658ham001 - 65 - LRB101 04419 RPS 60207 a
Fund.
All fines and penalties under Sections 16 and 27 shall be
deposited into the Design Professionals Administration and
Investigation Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes an
audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open to
inspection by any interested person. The copy of the audit
report required to be submitted to the Department by this
Section is in addition to copies of audit reports required to
be submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 100-171, eff. 1-1-18.)
(225 ILCS 330/9 rep.)
(225 ILCS 330/16.5 rep.)
(225 ILCS 330/22 rep.)
(225 ILCS 330/23 rep.)
(225 ILCS 330/34 rep.)
(225 ILCS 330/35 rep.)
(225 ILCS 330/42 rep.)
(225 ILCS 330/43 rep.)
Section 15. The Illinois Professional Land Surveyor Act of
1989 is amended by repealing Sections 9, 16.5, 22, 23, 34, 35,
42, and 43.

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Section 99. Effective date. This Act takes effect upon
becoming law.".