Bill Text: IL HB0939 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Regulatory Sunset Act to change the repeal date of the Illinois Architecture Practice Act of 1989 and the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Illinois Architecture Practice Act of 1989. Provides that no officer, board, commission, or other public entity charged with the enforcement of codes and ordinances requiring the involvement of an architect shall accept for filing or approval any technical submissions that do not bear the seal and signature of an architect licensed under the Act and that a building permit issued with respect to technical submissions that do not conform to the requirements of this Act shall be invalid. Provides for the establishment of the Architecture Complaint Committee. Makes changes in provisions concerning definitions, technical submissions, powers and duties of the Department and the Board, the Architecture Licensing Board, examinations, qualifications, professional design firm registration, disciplinary action, and investigations. Amends the Professional Engineering Practice Act of 1989. Provides that a building permit issued with respect to technical submissions that do not conform to the requirements of the Act shall be invalid. Sets forth additional examples of the practice of professional engineering and examples of technical submissions. Defines "design/build" and "design/build entity" and makes changes in the definition of "technical submissions". Provides for the establishment of the Professional Engineer Complaint Committee. Allows the Department of Financial and Professional Regulation to grant the title "Retired" to eligible retirees to be used immediately adjacent to the title of Professional Engineer. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0939 Detail]

Download: Illinois-2009-HB0939-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0939 Introduced 2/10/2009, by Rep. David E. Miller SYNOPSIS AS INTRODUCED:
See Index
Amends the Regulatory Sunset Act to change the repeal date of the Illinois Architecture Practice Act of 1989 and the Professional Engineering Practice Act of 1989 from January 1, 2010 to January 1, 2020. Amends the Illinois Architecture Practice Act of 1989. Provides that no officer, board, commission, or other public entity charged with the enforcement of codes and ordinances requiring the involvement of an architect shall accept for filing or approval any technical submissions that do not bear the seal and signature of an architect licensed under the Act and that a building permit issued with respect to technical submissions that do not conform to the requirements of this Act shall be invalid. Provides for the establishment of the Architecture Complaint Committee. Makes changes in provisions concerning definitions, technical submissions, powers and duties of the Department and the Board, the Architecture Licensing Board, examinations, qualifications, professional design firm registration, disciplinary action, and investigations. Amends the Professional Engineering Practice Act of 1989. Provides that a building permit issued with respect to technical submissions that do not conform to the requirements of the Act shall be invalid. Sets forth additional examples of the practice of professional engineering and examples of technical submissions. Defines "design/build" and "design/build entity" and makes changes in the definition of "technical submissions". Provides for the establishment of the Professional Engineer Complaint Committee. Allows the Department of Financial and Professional Regulation to grant the title "Retired" to eligible retirees to be used immediately adjacent to the title of Professional Engineer. Makes other changes. Effective immediately.
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HOME RULE NOTE ACT MAY APPLY
A BILL FOR
HB0939 LRB096 07982 ASK 18086 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.20 and by adding Section 4.30 as follows:
(5 ILCS 80/4.20)
Sec. 4.20. Acts repealed on January 1, 2010 and December
31, 2010.
(a) The following Acts are repealed on January 1, 2010:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice
Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(b) The following Act is repealed on December 31, 2010:
The Medical Practice Act of 1987.
(Source: P.A. 95-1018, eff. 12-18-08.)

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(5 ILCS 80/4.30 new)
Sec. 4.30. Act repealed on January 1, 2020. The following
Act is repealed on January 1, 2020:
The Illinois Architecture Practice Act of 1989.
The Professional Engineering Practice Act of 1989.
Section 10. The Illinois Architecture Practice Act of 1989
is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 12, 13,
21, 22, 23.5, 24, 36, and 38 and by adding Sections 4.5, 10.5,
and 17.5 as follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Application of Act. Nothing in this Act shall be
deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Act of 1989, the practice of professional engineering as
defined in the Professional Engineering Practice Act of 1989,
or the preparation of documents used to prescribe work to be
done inside buildings for non-loadbearing interior
construction, furnishings, fixtures and equipment, or the
offering or preparation of environmental analysis, feasibility
studies, programming or construction management services by
persons other than those licensed in accordance with this Act,
the Structural Engineering Practice Act of 1989 or the

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Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the draftsmen,
students, project representatives and other employees of those
lawfully practicing as licensed architects under the
provisions of this Act, from acting under the responsible
control direct supervision and control of their employers, or
to prevent the employment of project representatives for
enlargement or alteration of buildings or any parts thereof, or
prevent such project representatives from acting under the
direct supervision and control of the licensed architect by
whom the construction documents including drawings and
specifications of any such building, enlargement or alteration
were prepared.
Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services.
Nothing in this Act shall be construed as requiring the
services of an interior designer for the interior designing of
a single family residence.
No officer, board, commission, or other public entity
charged with the enforcement of codes and ordinances requiring
the involvement of an architect shall accept for filing or
approval any technical submissions that do not bear the seal
and signature of an architect licensed under this Act. A
building permit issued with respect to technical submissions
that do not conform to the requirements of this Act shall be
invalid.

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The involvement of a licensed architect is not required for
the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate limits
of any city or village, where such building or structure is
to be, or is used for farm purposes, or for the purposes of
outbuildings or auxiliary buildings in connection with
such farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.
(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a single
lot, not more than two stories and basement in height.
(D) Interior design services for buildings which do not
involve life safety or structural changes.
However, when an ordinance of a unit of local government
requires the involvement of a licensed architect for any
buildings included in the preceding paragraphs (A) through (D),
the requirements of this Act shall apply. All buildings not
included in the preceding paragraphs (A) through (D), including
multi-family buildings and buildings previously exempt from
the involvement of a licensed architect under those paragraphs
but subsequently non-exempt due to a change in occupancy or
use, are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.

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(Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
(225 ILCS 305/4) (from Ch. 111, par. 1304)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. In this Act:
"Architect, Retired" means a person who has been duly
licensed as an architect by the Department and has chosen to
relinquish or not renew his or her license pursuant to Section
17.5 of this Act.
"Architectural intern" means an unlicensed person who has
completed the education requirements, is actively
participating in the diversified professional training, and
maintains in good standing a training record as required for
licensure by this Act and may use the title "architectural
intern", but may not independently engage in the practice of
architecture.
(a) "Department" means the Department of Financial and
Professional Regulation.
"Design build" and "design build entity" means the project
delivery process defined in Title 68, Section 1150.85 of the
Illinois Administrative Code.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Illinois Architecture Licensing
Board appointed by the Director.
(d) "Public health" as related to the practice of

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architecture means the state of the well-being of the body or
mind of the building user.
(e) "Public safety" as related to the practice of
architecture means the state of being reasonably free from risk
of danger, damage, or injury.
(f) "Public welfare" as related to the practice of
architecture means the well-being of the building user
resulting from the state of a physical environment that
accommodates human activity.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 93-1009, eff. 1-1-05.)
(225 ILCS 305/4.5 new)
Sec. 4.5. References to Department or Director of
Professional Regulation. References in this Act (i) to the
Department of Professional Regulation are deemed, in
appropriate contexts, to be references to the Department of
Financial and Professional Regulation and (ii) to the Director
of Professional Regulation are deemed, in appropriate
contexts, to be references to the Secretary of Financial and
Professional Regulation.
(225 ILCS 305/5) (from Ch. 111, par. 1305)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5. Architect defined; Acts constituting practice.

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(a) An architect is a person who is qualified by education,
training, experience, and examination, and who is licensed
under the laws of this State, to practice architecture.
(b) The practice of architecture within the meaning and
intent of this Act includes the offering or furnishing of
professional services, such as consultation, environmental
analysis, feasibility studies, programming, planning,
aesthetic and structural design, technical submissions
consisting of drawings and specifications and other documents
required in the construction process, administration of
construction contracts, project representation, and
construction management, in connection with the construction
of any private or public building, building structure, building
project, or addition to or alteration or restoration thereof.
(c) Nothing contained in this Section imposes upon a person
licensed under this Act the responsibility for the performance
of any of the activities set forth in subsection (b), unless
such person specifically contracts to provide the function.
(Source: P.A. 92-360, eff. 1-1-02.)
(225 ILCS 305/6) (from Ch. 111, par. 1306)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6. Technical submissions. All technical submissions
intended for use in construction in the State of Illinois shall
be prepared and administered in accordance with standards of
reasonable professional skill and diligence. Care shall be

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taken to reflect the requirements of State statutes and, where
applicable, county and municipal building ordinances in such
submissions. In recognition that architects are licensed for
the protection of the public health, safety and welfare,
submissions shall be of such quality and scope, and be so
administered, as to conform to professional standards.
Technical submissions are the designs, drawings and
specifications which establish the scope of the architecture to
be constructed, the standard of quality for materials,
workmanship, equipment, and construction systems, and the
studies and other technical reports and calculations prepared
in the course of the practice of architecture.
No person involved in an architectural project requiring
the involvement of an architect during the design,
construction, addition to, or alteration of a project, or any
parts thereof, shall have the authority to deviate from the
technical submissions without the prior approval of the
licensed architect for the project.
(Source: P.A. 92-360, eff. 1-1-02.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8. Powers and duties of the Department.
(1) Subject to the provisions of this Act, the Department
shall exercise the following functions, powers, and duties:
(a) conduct examinations to ascertain the

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qualifications and fitness of applicants for licensure as
licensed architects, and pass upon the qualifications and
fitness of applicants for licensure by endorsement;
(b) prescribe rules for a method of examination of
candidates;
(c) prescribe rules defining what constitutes a
school, college or university, or department of a
university, or other institution, reputable and in good
standing, to determine whether or not a school, college or
university, or department of a university, or other
institution is reputable and in good standing by reference
to compliance with such rules, and to terminate the
approval of such school, college or university or
department of a university or other institution that
refuses admittance to applicants solely on the basis of
race, color, creed, sex or national origin. The Department
may adopt, as its own rules relating to education
requirements, those guidelines published from time to time
by the National Architectural Accrediting Board;
(d) prescribe rules for diversified professional
training;
(e) conduct oral interviews, disciplinary conferences
and formal evidentiary hearings on proceedings to impose
fines or to suspend, revoke, place on probationary status,
reprimand, and refuse to issue or restore any license
issued under the provisions of this Act for the reasons set

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forth in Section 22 of this Act;
(f) issue licenses to those who meet the requirements
of this Act;
(g) formulate and publish rules necessary or
appropriate to carrying out the provisions of this Act; and
(h) maintain membership in the National Council of
Architectural Registration Boards and participate in
activities of the Council by designation of individuals for
the various classifications of membership and the
appointment of delegates for attendance at regional and
national meetings of the Council. All costs associated with
membership and attendance of such delegates to any national
meetings shall may be funded from the Design Professionals
Administration and Investigation Fund; and .
(i) retain the right to employ or utilize the legal
services of outside counsel and the investigative services
of outside personnel; however, no attorney employed or used
by the Department shall both prosecute a matter and provide
legal services to the Department or Board with respect to
the same matter.
(2) Prior to issuance of any final decision or order that
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an explanation
of the deviation and provide a reasonable time for the Board to

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submit written comments to the Director regarding the proposed
action. In the event that the Board fails or declines to submit
written comments within 30 days of the notification, the
Director may issue a final decision or order consistent with
the Director's original decision. 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.
(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9. Creation of the Board. The Director shall appoint
an Architecture Licensing Board which will consist of 6
members. Five members shall be licensed architects, one of whom
shall be a tenured member of the architectural faculty of an
Illinois public university accredited by the National
Architectural Accrediting Board the University of Illinois.
The other 4 shall be licensed architects, residing in this
State, who have been engaged in the practice of architecture at
least 10 years. In addition to the 5 licensed architects, there
shall be one public member. The public member shall be a voting
member and shall not hold a license as an architect,
professional engineer, structural engineer or land surveyor.
Board members shall serve 5 year terms and until their
successors are appointed and qualified. In making the
designation of persons to the Board, the Director shall give

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due consideration to recommendations by members and
organizations of the profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board to
be longer than 10 successive years. Service prior to the
effective date of this Act shall not be considered.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms shall begin upon the effective
date of this Act and Board members in office on that date under
the predecessor Act may be appointed to specific terms as
indicated in this Section.
Persons holding office as members of the Board under the
Illinois Architecture Act immediately prior to the effective
date of this Act shall continue as members of the Board under
this Act until the expiration of the term for which they were
appointed and until their successors are appointed and
qualified.
A quorum of the Board shall consist of a majority of Board
members currently appointed. A majority vote of the quorum is
required for Board decisions.
The Director may remove any member of the Board for
misconduct, incompetence, neglect of duty, or for reasons
prescribed by law for removal of State officials.

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The Director may remove a member of the Board who does not
attend 2 consecutive meetings.
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. The Department may, at
any time, seek the expert advice and knowledge of the Board on
any matter relating to the administration or enforcement of
this Act.
Members of the Board are immune from suit in any action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
(Source: P.A. 91-133, eff. 1-1-00.)
(225 ILCS 305/10) (from Ch. 111, par. 1310)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10. Powers and duties of the Board.
(a) The Board shall hold at least 3 regular meetings each
year.
(b) The Board shall annually elect a Chairperson and a Vice
Chairperson who shall be licensed architects.
(c) The Board, upon request by the Department, may make a
curriculum evaluation to determine if courses conform to the
requirements of approved architectural programs.
(d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.

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(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 in Section 10.5 of this Act
or by rule.
(g) The Board shall review applicant qualifications to sit
for the examination or for licensure and shall make
recommendations to the Department. The Department shall review
the Board's recommendations on applicant qualifications. The
Director shall notify the Board in writing with an explanation
of any deviation from the Board's recommendation on applicant
qualifications. After review of the Director's written
explanation of his or her reasons for deviation, the Board
shall have the opportunity to comment upon the Director's
decision.
(h) The Board shall submit written comments to the Director
within 30 days from notification of any final decision or order
from the Director that deviates from any report or
recommendation of the Board relating to the qualifications of
applicants, discipline of licensees or registrants, unlicensed
practice, or promulgation of rules.
(i) The Board may recommend that the Department contract
with a corporation or other business entity to provide
investigative, legal, prosecutorial, and other services

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necessary to perform its duties.
(Source: P.A. 91-133, eff. 1-1-00.)
(225 ILCS 305/10.5 new)
Sec. 10.5. Complaint Committee.
(a) There is created the Architecture Complaint Committee
of the Board composed of 2 voting members of the Board, a
Supervisor over Design Investigations, and a Chief of
Prosecutions over Design Prosecutions. The Director of
Enforcement shall designate the Supervisor and Chief assigned
to the Complaint Committee.
(b) The Complaint Committee shall meet at least once every
2 months to exercise its functions and duties as set forth in
subsection (c). Two members of the Board shall be in attendance
in order for any business to be transacted by the Complaint
Committee. The Complaint Committee shall make every effort to
consider expeditiously and take prompt action on each item on
its agenda.
(c) The Complaint Committee shall have the following duties
and functions:
(1) To review any complaint filed against an involved
party under this Act.
(2) To refer the complaint to the Supervisor over
Design Investigations for further action.
(3) To recommend to the Board that a complaint file be
closed.

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(4) To make all other decisions in conjunction with the
Supervisor over Design Investigations regarding an action
to be taken on a complaint.
(5) To report the actions of the Complaint Committee at
each meeting of the Board.
(6) To provide an annual statistical report of all
complaints filed, the average length of time to resolve a
complaint, the number of complaints resolved or dismissed,
the reasons for dismissed complaints, the number of
complaints that resulted in disciplinary action, and the
number of unresolved complaints. Such report shall be made
available to the public.
(d) In determining what action to take or whether to
proceed with prosecution of a complaint, the Complaint
Committee shall consider, but not be limited to, the following
factors: the effect on the public's health, safety, and
welfare; the sufficiency of the evidence presented;
prosecutorial merit; and sufficient cooperation from
complaining parties.
(e) No complaint file shall be closed nor complaint
dismissed except upon recommendation of the Complaint
Committee or approval by the Board.
(f) When a complaint is made to the Department that alleges
that a building or other structure that requires the
involvement of an architect in its design is under
construction, construction is imminent, or construction has

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been completed and an architect is not or was not involved in
its design, the investigation of that complaint shall be
expedited to ensure the health and safety of the public. This
investigation shall be referred to as an emergency
investigation.
An emergency investigation must be given priority
attention and assigned to an investigator as soon as possible.
Once assigned to an investigator, the Department, through
its investigator, must convene a meeting of the Complaint
Committee by teleconference to determine if the complaint shall
continue to be treated as an emergency investigation. Such
meetings will be deemed an emergency and notice of the meeting
shall be provided in accordance with the Open Meetings Act.
Upon determination by the Complaint Committee that the
complaint should be treated as an emergency investigation, the
complaint must be investigated as soon as possible.
Upon completion of the emergency investigation, the
investigator must again convene a meeting of the Complaint
Committee by teleconference. This meeting shall also be
considered an emergency and notice of the meeting shall be
provided in accordance with the Open Meetings Act. The
Complaint Committee must then decide whether to recommend to
the Department that the complaint be referred to the Attorney
General to seek a temporary restraining order and permanent
injunction against the start or further construction of the
project or, where the project has already been completed, to

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enjoin the use of the building or structure. The Complaint
Committee shall recommend that the case be referred to the
Attorney General only upon a finding that the facts alleged in
the complaint are credible and constitute an imminent danger to
the public.
(225 ILCS 305/12) (from Ch. 111, par. 1312)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12. Examinations; subjects; failure or refusal to take
examination. The Department shall authorize examination of
applicants as architects at such times and places as it may
determine. The examination shall be in English and shall be
written or written and graphic. It shall include at a minimum
the following subjects:
(a) pre-design (environmental analysis, architectural
programming, and application of principles of project
management and coordination);
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements);
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design);
(d) building technology (application of structural

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systems, building components, and mechanical and
electrical systems);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span
design on the technical aspects of the design of buildings
and the process and construction);
(f) lateral forces (identification and resolution of
the effects of lateral forces on the technical aspects of
the design of buildings and the process of construction);
(g) mechanical and electrical systems (as applied to
the design of buildings, including plumbing and acoustical
systems);
(h) materials and methods (as related to the design of
buildings and the technical aspects of construction); and
(i) construction documents and services (conduct of
architectural practice as it relates to construction
documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project).
It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules pertaining
to this Act. The Department may adopt the examinations and
grading procedures of the National Council of Architectural
Registration Boards. Content of any particular examination

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shall not be considered public record under the Freedom of
Information Act.
An applicant shall have 5 years from passage of the first
examination to successfully complete all examinations required
by rule of the Department. If an applicant neglects without an
approved excuse or refuses to take the next available
examination offered for licensure under this Act, the fee paid
by the applicant shall be forfeited. If an applicant fails to
pass an examination for licensure under this Act within 3 years
after filing an application, the application shall be denied.
The applicant may, however, make a new application for
examination accompanied by the required fee and must furnish
proof of meeting the qualifications for examination in effect
at the time of the new application.
The Department may by rule prescribe additional subjects
for examination.
An applicant has one year from the date of notification of
successful completion of all the examination requirements to
apply to the Department for a license. If an applicant fails to
apply within one year, the applicant shall be required to again
take and pass the examination.
(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 305/13) (from Ch. 111, par. 1313)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13. Qualifications of applicants. Any person who is of

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good moral character may apply take an examination for
licensure if he or she is a graduate with a first professional
degree in architecture from a program accredited by the
National Architectural Accrediting Board, has completed the
examination requirements set forth under Section 12 of this
Act, and has completed such diversified professional training,
including academic training, as is required by rules of the
Department. Until January 1, 2014, in lieu of the requirement
of graduation with a first professional degree in architecture
from a program accredited by the National Architectural
Accrediting Board, the Department may admit an applicant who is
a graduate with a pre-professional 4 year baccalaureate degree
accepted for direct entry into a first professional master of
architecture degree program, and who has completed such
additional diversified professional training, including
academic training, as is required by rules of the Department.
The Department may adopt, as its own rules relating to
diversified professional training, those guidelines published
from time to time by the National Council of Architectural
Registration Boards.
Good moral character means such character as will enable a
person to discharge the fiduciary duties of an architect to
that person's client and to the public in a manner which
protects health, safety and welfare. Evidence of inability to
discharge such duties may include the commission of an offense
justifying discipline under Section 22 19. In addition, the

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Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute grounds
for discipline under this Act.
(Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
(225 ILCS 305/17.5 new)
Sec. 17.5. Architect, Retired. 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 "Architect, Retired" to any person who has been duly
licensed as an architect by the Department and who chooses to
relinquish or not renew his or her license. The Department may,
by rule, exempt from continuing education requirements those
who are granted the title "Architect, Retired". Those persons
granted the title "Architect, Retired" may request restoration
to active status under the applicable provisions of this Act.
The use of the title "Architect, Retired" shall not
constitute representation of current licensure. Any person
without an active license shall not be permitted to practice
architecture as defined in this Act.
(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation, under

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the provisions of the Professional Service Corporation Act, of
a corporation to offer the practice of architecture.
Any business, including a Professional Service
Corporation, that includes the practice of architecture within
its stated purposes, practices architecture, or holds itself
out as available to practice architecture shall register with
the Department under this Section. Any professional service
corporation, sole proprietorship, or professional design firm
offering architectural services must have a resident architect
overseeing the architectural practices in each location in
which architectural services are provided.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering architectural services to the
public. "Illinois licensed design professional" means a person
who holds an active license as an architect under this Act, as
a structural engineer under the Structural Engineering
Practice Act of 1989, or as a professional engineer under the
Professional Engineering Practice Act of 1989. Any sole
proprietorship owned and operated by an architect 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 an
architect with an active license issued under this Act and

HB0939 - 24 - LRB096 07982 ASK 18086 b
conducting or transacting such business under the real name of
the sole proprietor is exempt from the registration
requirements of a professional design firm.
(b) Any corporation, including a Professional Service
Corporation, partnership, limited liability company, or
professional design firm seeking to be registered under this
Section shall not be registered unless:
(1) two-thirds of the board of directors, in the case
of a corporation, or two-thirds of the general partners, in
the case of a partnership, or two-thirds of the members, in
the case of a limited liability company, are licensed under
the laws of any State to practice architecture,
professional engineering, land surveying, or structural
engineering; and
(2) the person having the architectural practice in
this State in his charge is (A) a director in the case of a
corporation, a general partner in the case of a
partnership, or a member in the case of a limited liability
company, and (B) holds a license under this Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers, directors,
members, managers, partners or beneficial owners as the
Department may, by rule, require.
(c) No business shall offer the practice or hold itself out

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as available to offer the practice of architecture until it is
registered with the Department. Every entity registered as a
professional design firm shall display its certificate of
registration or a facsimile thereof in a conspicuous place in
each office offering architectural services.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to all
of the following:
(1) The name and architect's license number of at least
one person designated as the managing agent in responsible
charge of the practice of architecture 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 at least one managing agent. If 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 architect's, professional
engineer's, structural engineer's, or land surveyor's
license numbers of the directors, in the case of a
corporation, the members, in the case of a limited
liability company, or general partners, in the case of a
partnership.
(3) A list of all locations at which the professional

HB0939 - 26 - LRB096 07982 ASK 18086 b
design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business 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.
(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 professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of
termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the 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 period.
If the professional design firm has not notified the

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Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by certified
mail to the last known address of the business. If the
professional design firm continues to operate and offer
architectural services after the termination, the Department
may seek prosecution under Sections 22, 36, and 36a of this Act
for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the same
manner and on the same grounds as disciplinary action against a
licensed architect. All disciplinary action taken or pending
against a corporation or partnership before the effective date
of this amendatory Act of 1993 shall be continued or remain in
effect without the Department filing separate actions.
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
(225 ILCS 305/22) (from Ch. 111, par. 1322)

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(Section scheduled to be repealed on January 1, 2010)
Sec. 22. Refusal, suspension and revocation of licenses;
Causes.
(a) The Department may, singularly or in combination,
refuse to issue, renew or restore, or may suspend or revoke any
license or registration, or may place on probation, reprimand,
or fine, with a civil penalty not to exceed $10,000 for each
violation, any person, corporation, or partnership, or
professional design firm licensed or registered under this Act
for any of the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) negligence, incompetence or misconduct in the
practice of architecture;
(3) failure to comply with any of the provisions of
this Act or any of the rules;
(4) making any misrepresentation for the purpose of
obtaining licensure;
(5) purposefully making false statements or signing
false statements, certificates or affidavits to induce
payment;
(6) conviction of any crime under the laws of the
United States, or any state or territory thereof, which is
a felony, whether related to the practice of architecture
or not; or conviction of any crime, whether a felony,
misdemeanor, or otherwise, an essential element of which is

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dishonesty, wanton disregard for the rights of others, or
which is directly related to the practice of architecture;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) signing, affixing the licensed architect's seal or
permitting the architect's seal to be affixed to any
technical submission construction documents not prepared
by the architect or under that architect's responsible
direct supervision and control;
(9) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(10) habitual intoxication or addiction to the use of
drugs;
(11) making a statement of compliance pursuant to the
Environmental Barriers Act that construction documents
prepared by the Licensed Architect or prepared under the
licensed architect's direct supervision and control for
construction or alteration of an occupancy required to be
in compliance with the Environmental Barriers Act are in
compliance with the Environmental Barriers Act when such
technical submissions construction documents are not in
compliance;
(12) a finding by the Board that an applicant or
registrant has failed to pay a fine imposed by the
Department or a registrant, whose license has been placed

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on probationary status, has violated the terms of
probation;
(13) discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request;
(15) physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety.
(a-5) In enforcing this Section, the Board upon a showing
of a possible violation may request that the Department compel
a person licensed to practice under this Act, or who has
applied for licensure or certification pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physicians shall be those specifically designated by the
Department. The Department may order the examining physician to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant

HB0939 - 31 - LRB096 07982 ASK 18086 b
and the examining physician. The person to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
a license until the person submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may recommend
that the Department require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Board may recommend
to the Department to file a complaint to immediately suspend,
revoke or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as

HB0939 - 32 - LRB096 07982 ASK 18086 b
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic 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,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Director
that the licensee be allowed to resume practice.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or 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 Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
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, shall not be liable for
damages in any civil action or proceeding as a result of such
assistance, except upon proof of actual malice. The attorney
general shall defend such persons in any such action or
proceeding.
(Source: P.A. 94-543, eff. 8-10-05.)
(225 ILCS 305/23.5)
(Section scheduled to be repealed on January 1, 2010)

HB0939 - 33 - LRB096 07982 ASK 18086 b
Sec. 23.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as an architect
without being licensed under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 $5,000 for each
offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(a-5) Any entity that advertises architecture services in a
telecommunications directory must include its architecture
firm registration number or, in the case of a sole proprietor,
his or her individual license number. Nothing in this
subsection (a-5) requires the publisher of a
telecommunications directory to investigate or verify the
accuracy of the registration or license number provided by the
advertiser of architecture services.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 94-543, eff. 8-10-05.)

HB0939 - 34 - LRB096 07982 ASK 18086 b
(225 ILCS 305/24) (from Ch. 111, par. 1324)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or entity holding or claiming to hold a license or
registration. Before the initiation of an investigation, the
matter shall be reviewed by a subcommittee of the Board
according to procedures established in Section 10.5 of this Act
or by rule for the Complaint Committee. The Department shall,
before refusing to restore, issue or renew a license or
registration, or discipline a licensee or registrant, at least
30 days prior to the date set for the hearing, notify in
writing the applicant for, or holder of, a license or
registrant of the nature of the charges and that a hearing will
be held on the date designated, and direct the applicant or
entity or licensee or registrant to file a written answer to
the Board under oath within 20 days after the service of the
notice and inform the applicant or entity or licensee or
registrant that failure to file an answer will result in
default being taken against the applicant or entity or licensee
or registrant 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 Director may deem proper.
Written notice may be served by personal delivery or certified

HB0939 - 35 - LRB096 07982 ASK 18086 b
or registered mail to the respondent at the address of his last
notification to the Department. In case the person or entity
fails to file an answer after receiving notice, his or her
license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
deemed proper, including limiting the scope, nature, or extent
of the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Board shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence and argument as may be pertinent to the charges or to
their defense. The Board may continue the hearing from time to
time.
(Source: P.A. 87-1031; 88-428.)
(225 ILCS 305/36) (from Ch. 111, par. 1336)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36. Violations. Each of the following Acts constitutes
a Class A misdemeanor for the first offense and a Class 4
felony for a second or subsequent offense:
(a) the practice, attempt to practice or offer to
practice architecture, or the advertising or putting out of
any sign or card or other device which might indicate to

HB0939 - 36 - LRB096 07982 ASK 18086 b
the public that the person is entitled to practice
architecture, without a license as a licensed architect, or
registration as a professional design firm issued by the
Department. Each day of practicing architecture or
attempting to practice architecture, and each instance of
offering to practice architecture, without a license as a
licensed architect or registration as a professional
design firm constitutes a separate offense;
(b) the making of any wilfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act;
(c) the affixing of a licensed architect's seal to any
technical submissions construction documents which have
not been prepared by that architect or under the
architect's responsible direct supervision and control;
(d) the violation of any provision of this Act or its
rules;
(e) using or attempting to use an expired, inactive,
suspended, or revoked license, or the certificate or seal
of another, or impersonating another licensee;
(f) obtaining or attempting to obtain a license or
registration by fraud; or
(g) If any person, sole proprietorship, professional
service corporation, limited liability company,
corporation or partnership, or other entity practices
architecture or advertises or displays any sign or card or

HB0939 - 37 - LRB096 07982 ASK 18086 b
other device that might indicate to the public that the
person or entity is entitled to practice as an architect or
use the title "architect" or any of its derivations unless
the person or other entity holds an active license as an
architect or registration as a professional design firm in
the State; then, in addition to any other penalty provided
by law any person or other entity who violates this
subsection (g) shall forfeit and pay to the Design
Professionals Administration and Investigation Fund a
civil penalty in an amount determined by the Department of
not more than $10,000 $5,000 for each offense.
An unlicensed person who has completed the education
requirements, is actively participating in the diversified
professional training, and maintains in good standing a
training record as required for licensure by this Act may use
the title "architectural intern", but may not independently
engage in the practice of architecture.
(Source: P.A. 93-1009, eff. 1-1-05.)
(225 ILCS 305/38) (from Ch. 111, par. 1338)
(Section scheduled to be repealed on January 1, 2010)
Sec. 38. Fund; appropriations; investments; audits. Moneys
deposited in the Design Professionals Administration and
Investigation Fund shall be appropriated to the Department
exclusively for expenses of the Department and the Board in the
administration of this Act, the Illinois Professional Land

HB0939 - 38 - LRB096 07982 ASK 18086 b
Surveyor Act of 1989, 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 (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 (20 ILCS 2105/2105-300).
All fines and penalties under Sections 22 and 36 shall be
deposited in the Design Professionals Administration and
Investigation Fund.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested, with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund and
used for the same purposes as fees deposited in the 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

HB0939 - 39 - LRB096 07982 ASK 18086 b
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 an 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. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239,
eff. 1-1-00; 92-16, eff. 6-28-01.)
Section 15. The Professional Engineering Practice Act of
1989 is amended by changing Sections 3, 4, 5, 7, 10, 17, and 42
and by adding Sections 4.5 and 7.5 as follows:
(225 ILCS 325/3) (from Ch. 111, par. 5203)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Application of the Act; Exemptions.
(a) Nothing in this Act shall be construed to prevent the
practice of structural engineering as defined in the Structural
Engineering Practice Act of 1989 or the practice of
architecture as defined in the Illinois Architecture Practice
Act of 1989 or the regular and customary practice of
construction contracting and construction management as
performed by construction contractors.
(b) Nothing in this Act shall prevent:
(1) Employees, including project representatives, of
professional engineers lawfully practicing as sole owners,

HB0939 - 40 - LRB096 07982 ASK 18086 b
partnerships or corporations under this Act, from acting
under the direct supervision of their employers.
(2) The employment of owner's representatives by the
owner during the constructing, adding to, or altering of a
project, or any parts thereof, provided that such owner's
representative shall not have the authority to deviate from
the technical submissions without the prior approval of the
professional engineer for the project.
(3) The practice of officers and employees of the
Government of the United States while engaged within this
State in the practice of the profession of engineering for
the Government.
(4) Services performed by employees of a business
organization engaged in utility, industrial or
manufacturing operations, or by employees of laboratory
research affiliates of such business organization which
are rendered in connection with the fabrication or
production, sale, and installation of products, systems,
or nonengineering services of the business organization or
its affiliates.
(5) Inspection, maintenance and service work done by
employees of the State of Illinois, any political
subdivision thereof or any municipality.
(6) The activities performed by those ordinarily
designated as chief engineer of plant operation, chief
operating engineer, locomotive, stationary, marine, power

HB0939 - 41 - LRB096 07982 ASK 18086 b
plant or hoisting and portable engineers, electrical
maintenance or service engineers, personnel employed in
connection with construction, operation or maintenance of
street lighting, traffic control signals, police and fire
alarm systems, waterworks, steam, electric, and sewage
treatment and disposal plants, or the services ordinarily
performed by any worker regularly employed as a locomotive,
stationary, marine, power plant, or hoisting and portable
engineer or electrical maintenance or service engineer for
any corporation, contractor or employer.
(7) The activities performed by a person ordinarily
designated as a supervising engineer or supervising
electrical maintenance or service engineer who supervises
the operation of, or who operates, machinery or equipment,
or who supervises construction or the installation of
equipment within a plant which is under such person's
immediate supervision.
(8) The services, for private use, of contractors or
owners in the construction of engineering works or the
installation of equipment.
(c) No officer, board, commission, or other public entity
charged with the enforcement of codes and ordinances involving
a professional engineering project shall accept for filing or
approval any technical submissions that do not bear the seal
and signature of a professional engineer licensed under this
Act. A building permit issued with respect to technical

HB0939 - 42 - LRB096 07982 ASK 18086 b
submissions that do not conform to the requirements of this Act
shall be invalid.
(d) Nothing contained in this Section imposes upon a person
licensed under this Act the responsibility for the performance
of any of the foregoing functions unless such person
specifically contracts to provide it.
(Source: P.A. 91-91, eff. 1-1-00.)
(225 ILCS 325/4) (from Ch. 111, par. 5204)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. As used in this Act:
(a) "Approved engineering curriculum" means an engineering
curriculum or program of 4 academic years or more which meets
the standards established by the rules of the Department.
(b) "Board" means the State Board of Professional Engineers
of the Department of Professional Regulation, previously known
as the Examining Committee.
(c) "Department" means the Department of Financial and
Professional Regulation.
(d) "Design professional" means an architect, structural
engineer or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Act of 1989 or the Professional
Engineering Practice Act of 1989.
(e) "Secretary Director" means the Secretary Director of
Financial and Professional Regulation.

HB0939 - 43 - LRB096 07982 ASK 18086 b
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional engineer
or that work as to which that professional engineer has
detailed professional knowledge.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance with
rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate for
licensure as a professional engineer and who has been enrolled
as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Board's requirements
for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation, a partnership, a
professional service corporation, a limited liability company,
or a sole proprietorship, signifying authority to practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence normally

HB0939 - 44 - LRB096 07982 ASK 18086 b
rendered by professional engineers in the practice of
professional engineering.
(m) "Professional engineer" means a person licensed under
the laws of the State of Illinois to practice professional
engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional judgment
developed through professional engineering education, training
and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials to be used
in, administration of construction contracts for, or site
observation of, an engineering system or facility, where such
consultation, conception, investigation, evaluation, planning,
design, selection, administration, or observation requires
extensive knowledge of engineering laws, formulae, materials,
practice, and construction methods. A person shall be construed
to practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card, or
any other way, is represented to be a professional engineer, or
through the use of the initials "P.E." or the title "engineer"
or any of its derivations or some other title implies licensure
as a professional engineer, or holds himself out as able to

HB0939 - 45 - LRB096 07982 ASK 18086 b
perform any service which is recognized as professional
engineering practice.
Examples of the practice of professional engineering
include, but need not be limited to, transportation facilities,
public and publicly owned utilities for a region or community,
railroads, railways, highways, subways, canals, harbors, and
river improvements; land development; stormwater detention,
retention, and conveyance; irrigation works; aircraft and ,
airports and landing fields; traffic engineering; waterworks,
piping systems and appurtenances, sewers, sewage disposal
works; storm sewer, sanitary sewer, and water system modeling;
plants for the generation of power; devices for the utilization
of power; boilers; refrigeration plants, air conditioning
systems and plants; heating systems and plants; plants for the
transmission or distribution of power; electrical plants which
produce, transmit, distribute, or utilize electrical energy;
works for the extraction of minerals from the earth; plants for
the refining, alloying or treating of metals; chemical works
and industrial plants involving the use of chemicals and
chemical processes; plants for the production, conversion, or
utilization of nuclear, chemical, or radiant energy; forensic
engineering, geotechnical engineering including, subsurface
investigations; soil and rock classification, geology and
geohydrology, incidental to the practice of professional
engineering; geohydrological investigations, migration pathway
analysis (including evaluation of building and site elements),

HB0939 - 46 - LRB096 07982 ASK 18086 b
soil and groundwater management zone analysis and design;
energy analysis, environmental risk assessments, corrective
action plans, design, remediation, protection plans and
systems, hazardous waste mitigation and control, environmental
control or remediation systems; recognition, measurement,
evaluation, and control of environmental systems and
emissions; evaluation and design of engineered barriers,
modeling of pollutants in water, soil, and air; engineering
surveys of sites, facilities, and topography, not including
land boundary establishment; recognition, measurement,
evaluation and control of environmental systems and emissions;
automated building management systems; control or remediation
systems; computer controlled or integrated systems; automatic
fire notification and suppression systems; investigation and
assessment of indoor air inhalation exposures and design of
abatement and remediation systems; or the provision of
professional engineering site observation of the construction
of works and engineering systems. Nothing in this Section shall
preclude an employee from acting under the direct
supervision/responsible charge of a licensed professional
engineer. Nothing contained in this Section imposes upon a
person licensed under this Act the responsibility for the
performance of any of the foregoing functions unless such
person specifically contracts to provide it.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in

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the administration of the construction contract.
(q) "Registered" means the same as "licensed" for purposes
of this Act.
(r) "Related science curriculum" means a 4 year program of
study, the satisfactory completion of which results in a
Bachelor of Science degree, and which contains courses from
such areas as life, earth, engineering and computer sciences,
including but not limited to, physics and chemistry. In the
study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means those rules promulgated pursuant to this
Act.
(t) "Seal" means the seal in compliance with Section 14 of
this Act.
(u) "Site observation" is visitation of the construction
site for the purpose of reviewing, as available, the quality
and conformance of the work to the technical submissions as
they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to the
design professional who has contract responsibility.
(w) "Technical submissions" means the designs, drawings,
and specifications which establish the scope and standard of

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quality for materials, workmanship, equipment, and the
construction systems intended for use in construction.
"Technical submissions" includes, but is not limited to,
studies, analyses, calculations, and other technical reports
prepared in the course of the a design professional's practice
of professional engineering or under the direct
supervision/responsible charge of a licensed professional
engineer.
(x) "Design/build" and "design/build entity" means the
project delivery process defined in Title 68, Section 1380.296
of the Illinois Administrative Code.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16,
eff. 6-28-01; 92-145, eff. 1-1-02.)
(225 ILCS 325/4.5 new)
Sec. 4.5. References to Department or Director of
Professional Regulation. References in this Act (i) to the
Department of Professional Regulation are deemed, in
appropriate contexts, to be references to the Department of
Financial and Professional Regulation and (ii) to the Director
of Professional Regulation are deemed, in appropriate
contexts, to be references to the Secretary of Financial and
Professional Regulation.
(225 ILCS 325/5) (from Ch. 111, par. 5205)
(Section scheduled to be repealed on January 1, 2010)

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Sec. 5. Powers and duties of the Department. Subject to the
provisions of this Act, the Department shall exercise the
following functions, powers and duties:
(a) To pass upon the qualifications and conduct
examinations of applicants for licensure as professional
engineers or enrollment as engineer interns and pass upon
the qualifications of applicants by endorsement and issue a
license or enrollment to those who are found to be fit and
qualified.
(b) To prescribe rules for the method, conduct and
grading of the examination of applicants.
(c) To license corporations, partnerships,
professional service corporations, limited liability
companies, and sole proprietorships for the practice of
professional engineering and issue a license to those who
qualify.
(d) To conduct investigations and hearings regarding
violations of this Act and take disciplinary or other
actions as provided in this Act as a result of the
proceedings.
(e) To prescribe rules as to what shall constitute an
engineering or related science curriculum and to determine
if a specific engineering curriculum is in compliance with
the rules, and to terminate the approval of a specific
engineering curriculum for non-compliance with such rules.
(f) To promulgate rules required for the

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administration of this Act, including rules of
professional conduct.
(g) To maintain membership in the National Council of
Examiners for Engineering and Surveying and participate in
activities of the Council by designation of individuals for
the various classifications of membership, the appointment
of delegates for attendance at zone and national meetings
of the Council, and the funding of the delegates for
attendance at the meetings of the Council.
(h) To obtain written recommendations from the Board
regarding qualifications of individuals for licensure and
enrollment, definitions of curriculum content and approval
of engineering curricula, standards of professional
conduct and formal disciplinary actions, and the
promulgation of the rules affecting these matters.
Prior to issuance of any final decision or order that
deviates from any report or recommendations of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an
explanation of any such deviation and provide a reasonable
time for the Board to submit written comments to the
Director regarding the proposed action. In the event that
the Board fails or declines to submit such written comments
within 30 days of said notification, the Director may issue
a final decision or orders consistent with the Director's

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original decision. 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.
(i) To publish and distribute or to post on the
Department's website, at least semi-annually, a newsletter
to all persons licensed and registered under this Act. The
newsletter shall describe the most recent changes in this
Act and the rules adopted under this Act and shall contain
information of any final disciplinary action that has been
ordered under this Act since the date of the last
newsletter.
(j) To contract with a corporation or other business
entity to provide investigative, legal, prosecutorial, or
other services necessary to perform its duties.
None of the functions, powers or duties enumerated in this
Section shall be exercised by the Department except upon the
action and report in writing of the Board.
(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
(225 ILCS 325/7) (from Ch. 111, par. 5207)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers and duties:
(a) Review education and experience qualifications of
applicants, including conducting oral interviews as deemed

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necessary by the Board, to determine eligibility as an
engineer intern or professional engineer and submit to the
Director written recommendations on applicant
qualifications for enrollment and licensure;
(b) 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;
(c) Conduct hearings regarding disciplinary actions
and submit a written report and recommendations to the
Director as required by this Act and to provide a Board
member at informal conferences;
(d) Make visits to universities or colleges to evaluate
engineering curricula or to otherwise evaluate engineering
curricula and submit to the Director a written
recommendation of acceptability of a curriculum;
(e) Submit a written recommendation to the Director
concerning promulgation of rules as required in Section 5
and to recommend to the Director any rules or amendments
thereto for the administration of this Act;
(f) Hold at least 3 regular meetings each year;
(g) Elect annually a chairperson and a
vice-chairperson who shall be professional engineers; and
(h) Submit written comments to the Director within 30
days from notification of any final decision or order from
the Director that deviates from any report or
recommendation of the Board relating to the qualification

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of applicants, discipline of licensees or registrants, or
promulgation of rules.
(i) Contract with a corporation or other business
entity to provide investigative, legal, prosecutorial, or
other services necessary to perform its duties.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/7.5 new)
Sec. 7.5. Complaint Committee.
(a) There is created the Professional Engineer Complaint
Committee of the Board composed of 2 voting members of the
Board, a Supervisor over Design Investigations, and a Chief of
Prosecutions over Design Prosecutions. The Director of
Enforcement shall designate the Supervisor and Chief assigned
to the Complaint Committee.
(b) The Complaint Committee shall meet at least once every
2 months to exercise its functions and duties as set forth in
subsection (c). Two members of the Board shall be in attendance
in order for any business to be transacted by the Complaint
Committee. The Complaint Committee shall make every effort to
consider expeditiously and take prompt action on each item on
its agenda.
(c) The Complaint Committee shall have the following duties
and functions:
(1) To review any complaint filed against an involved
party under this Act.

HB0939 - 54 - LRB096 07982 ASK 18086 b
(2) To refer the complaint to the Supervisor over
Design Investigations for further action.
(3) To recommend to the Board that a complaint file be
closed.
(4) To make all other decisions in conjunction with the
Supervisor over Design Investigations regarding an action
to be taken on a complaint.
(5) To report the actions of the Complaint Committee at
each meeting of the Board.
(6) To provide an annual statistical report of all
complaints filed, the average length of time to resolve a
complaint, the number of complaints resolved or dismissed,
the reasons for dismissed complaints, the number of
complaints that resulted in disciplinary action, and the
number of unresolved complaints. Such report shall be made
available to the public.
(d) In determining what action to take or whether to
proceed with prosecution of a complaint, the Complaint
Committee shall consider, but not be limited to, the following
factors: the effect on the public's health, safety, and
welfare; the sufficiency of the evidence presented;
prosecutorial merit; and sufficient cooperation from
complaining parties.
(e) No complaint file shall be closed nor complaint
dismissed except upon recommendation of the Complaint
Committee or approval by the Board.

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(f) When a complaint is made to the Department that alleges
that a building or other structure that requires the
involvement of a professional engineer in its design is under
construction, construction is imminent, or construction has
been completed and a professional engineer is not or was not
involved in its design, the investigation of that complaint
shall be expedited to ensure the health and safety of the
public. This investigation will be referred to as an emergency
investigation.
An emergency investigation will be given priority
attention and assigned to an investigator as soon as possible.
Once assigned to an investigator, the Department, through
its investigator, must convene a meeting of the Complaint
Committee by teleconference to determine if the complaint shall
continue to be treated as an emergency investigation. Such
meetings shall be deemed an emergency and notice of the meeting
shall be provided in accordance with the Open Meetings Act.
Upon determination by the Complaint Committee that the
complaint should be treated as an emergency investigation, the
complaint must be investigated as soon as possible.
Upon completion of the emergency investigation, the
investigator must again convene a meeting of the Complaint
Committee by teleconference. This meeting shall also be
considered an emergency and notice of the meeting shall be
provided in accordance with the Open Meetings Act. The
Complaint Committee must then decide whether to recommend to

HB0939 - 56 - LRB096 07982 ASK 18086 b
the Department that the complaint be referred to the Attorney
General to seek a temporary restraining order and permanent
injunction against the start or further construction of the
project or, where the project has already been completed, to
enjoin the use of the building or structure. The Complaint
Committee shall recommend that the case be referred to the
Attorney General only upon a finding that the facts alleged in
the complaint are credible and constitute an imminent danger to
the public.
(225 ILCS 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10. Minimum standards for examination for licensure as
professional engineer. To qualify for licensure as a
professional engineer each applicant shall be:
(a) A graduate of an approved engineering curriculum of at
least 4 years who submits acceptable evidence to the Board of
an additional 4 years or more of experience in engineering work
of a grade and character which indicate that the individual may
be competent to practice professional engineering, and who then
passes a nominal 8-hour written examination in the fundamentals
of engineering, and a nominal 8-hour written examination in the
principles and practice of engineering. Upon passing both
examinations, the applicant, if otherwise qualified, shall be
granted a license to practice professional engineering in this
State; or

HB0939 - 57 - LRB096 07982 ASK 18086 b
(b) A graduate of a non-approved engineering curriculum or
a related science curriculum of at least 4 years and meeting
the requirements as set forth by rule, who submits acceptable
evidence to the Board of an additional 8 years or more of
experience in engineering work of a grade and character which
indicate that the individual may be competent to practice
professional engineering, and who then passes a nominal 8-hour
written examination in the fundamentals of engineering and a
nominal 8-hour written examination in the principles and
practice of engineering. Upon passing both examinations, the
applicant, if otherwise qualified, shall be granted a license
to practice professional engineering in this State; or
(c) An engineer intern who meets the education and
experience qualifications of subsection (a) or (b) of this
Section and has passed the nominal 8-hour written examination
in the fundamentals of engineering, by application and payment
of the required fee, may then take the nominal 8-hour written
examination in the principles and practice of engineering. If
an engineer intern successfully completes the Upon passing that
examination and submits evidence to the Board of meeting the
experience qualifications of subsection (a) or (b) of this
Section, he or she the applicant, if otherwise qualified, shall
be granted a license to practice professional engineering in
this State.
(d) When considering an applicant's qualifications for
licensure under this Act, the Department may take into

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consideration whether an applicant has engaged in conduct or
actions that would constitute a violation of the Standards of
Professional Conduct for this Act as provided for by
administrative rules.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/17) (from Ch. 111, par. 5217)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17. Licensure; Renewal; Restoration; Person in
military service. The expiration date and renewal period for
each professional engineer license issued under this Act shall
be set by the Department by rule. The enrollment of an engineer
intern shall not expire.
Any person whose license has expired or whose license is on
inactive status may have such license restored by making
application to the Department and filing proof acceptable to
the Department of that person's fitness to have such license
restored, which may include sworn evidence certifying to active
practice in another jurisdiction satisfactory to the
Department and by paying the required restoration fee. If the
person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall
determine, by an evaluation program established by rule, the
person's fitness to resume active status and may require the
person to complete a period of evaluated experience and may
require successful completion of the principles and practice

HB0939 - 59 - LRB096 07982 ASK 18086 b
examination.
However, any person whose license expired while that person
was (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 preliminary to induction into
the military service, may have such license renewed or restored
without paying any lapsed renewal fees if, within 2 years after
honorable termination of such service, training, or education,
except under conditions other than honorable, the Department is
furnished with satisfactory evidence that the person has been
so engaged and has maintained professional competence and that
such service, training or education has been so terminated.
Each application for renewal shall contain the original
seal and signature of the professional engineer. Applicants for
renewal or restoration shall certify that all conditions of
their license meet the requirements of the Illinois
Professional Engineering Practice Act of 1989.
The Department may grant the title "Retired" to eligible
retirees to be used immediately adjacent to the title of
Professional Engineer. The use of the title "PE Retired" shall
not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate shall not be permitted to
practice professional engineering.
(Source: P.A. 89-61, eff. 6-30-95.)

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(225 ILCS 325/42) (from Ch. 111, par. 5242)
(Section scheduled to be repealed on January 1, 2010)
Sec. 42. Civil penalties.
(1) In addition to any other penalty provided by law, any
person, sole proprietorship, professional service corporation,
limited liability company, partnership, or other entity who
violates Section 40 of this Act shall forfeit and pay to the
Design Professionals Administration and Investigation Fund a
civil penalty in an amount determined by the Department of not
more than $10,000 $5,000 for each offense. The penalty shall be
assessed in proceedings as provided in Sections 26 through 33
and Section 37 of this Act.
(2) Unless the amount of the penalty is paid within 60 days
after the order becomes final, the order shall constitute a
judgment and shall be filed and execution issued thereon in the
same manner as the judgment of a court of record.
(Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB0939 - 61 - LRB096 07982 ASK 18086 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.20
5 ILCS 80/4.30 new
225 ILCS 305/3 from Ch. 111, par. 1303
225 ILCS 305/4 from Ch. 111, par. 1304
225 ILCS 305/4.5 new
225 ILCS 305/5 from Ch. 111, par. 1305
225 ILCS 305/6 from Ch. 111, par. 1306
225 ILCS 305/8 from Ch. 111, par. 1308
225 ILCS 305/9 from Ch. 111, par. 1309
225 ILCS 305/10 from Ch. 111, par. 1310
225 ILCS 305/10.5 new
225 ILCS 305/12 from Ch. 111, par. 1312
225 ILCS 305/13 from Ch. 111, par. 1313
225 ILCS 305/17.5 new
225 ILCS 305/21 from Ch. 111, par. 1321
225 ILCS 305/22 from Ch. 111, par. 1322
225 ILCS 305/23.5
225 ILCS 305/24 from Ch. 111, par. 1324
225 ILCS 305/36 from Ch. 111, par. 1336
225 ILCS 305/38 from Ch. 111, par. 1338
225 ILCS 325/3 from Ch. 111, par. 5203
225 ILCS 325/4 from Ch. 111, par. 5204
225 ILCS 325/4.5 new
HB0939 - 62 - LRB096 07982 ASK 18086 b
225 ILCS 325/5 from Ch. 111, par. 5205
225 ILCS 325/7 from Ch. 111, par. 5207
225 ILCS 325/7.5 new
225 ILCS 325/10 from Ch. 111, par. 5210
225 ILCS 325/17 from Ch. 111, par. 5217
225 ILCS 325/42