Bill Text: IL HB3322 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Professional Land Surveyor Act of 1989. Changes references to "Land Surveyor-in-Training" to references to "Surveyor Intern" and makes conforming changes throughout the Act. Makes changes in provisions concerning definitions, including the definition of the practice of land surveying. Sets forth minimum standards to qualify for enrollment as a Surveyor Intern (rather than to apply for examination as a Land Surveyor-in-Training). Provides that the license for a Surveyor Intern does not expire. Requires the Department of Financial and Professional Regulation to include email addresses in its roster of licenses. Allows a Professional Land Surveyor to administer and certify oaths for certain testimony. Makes other changes.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3322 Detail]

Download: Illinois-2017-HB3322-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Professional Land Surveyor Act of
51989 is amended by changing Sections 1, 4, 5, 8, 11, 12, 13,
614, 16, 16.5, 17, 18, 23, 40, and 48 as follows:
7 (225 ILCS 330/1) (from Ch. 111, par. 3251)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 1. Declaration of public policy. The practice of land
10surveying in the State of Illinois is hereby declared to affect
11the public health, safety, and welfare and to be subject to
12regulation and control in the public interest. It is further
13declared that the determination and physical protraction of
14land boundaries using the appropriate application of boundary
15law principles, together with the attendant preparation of
16legal descriptions and plats, which bear witness for posterity
17to chronicle the acts and wishes of landowners throughout this
18State is a matter of public interest and concern. Therefore, it
19is in the public interest that the practice of land surveying,
20as defined in this Act, merit and receive the confidence of the
21public, and that only qualified persons be authorized to
22practice land surveying in the State of Illinois. This Act
23shall be liberally construed to best carry out this purpose.

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1(Source: P.A. 93-467, eff. 1-1-04.)
2 (225 ILCS 330/4) (from Ch. 111, par. 3254)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 4. Definitions. As used in this Act:
5 (a) "Department" means the Department of Financial and
6Professional Regulation.
7 (b) "Secretary" means the Secretary of the Department of
8Financial and Professional Regulation.
9 (c) "Board" means the Land Surveyors Licensing Board.
10 (d) "Direct supervision and control" means the personal
11review by a Licensed Professional Land Surveyor of each survey,
12including, but not limited to, procurement, research, field
13work, calculations, preparation of legal descriptions and
14plats. The personal review shall be of such a nature as to
15assure the client that the Professional Land Surveyor or the
16firm for which the Professional Land Surveyor is employed is
17the provider of the surveying services.
18 (e) "Responsible charge" means an individual responsible
19for the various components of the land survey operations
20subject to the overall supervision and control of the
21Professional Land Surveyor.
22 (f) "Design professional" means a land surveyor,
23architect, structural engineer, or professional engineer
24licensed in conformance with this Act, the Illinois
25Architecture Practice Act of 1989, the Structural Engineering

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1Practice Act of 1989, or the Professional Engineering Practice
2Act of 1989.
3 (g) "Professional Land Surveyor" means any person licensed
4under the laws of the State of Illinois to practice land
5surveying, as defined by this Act or its rules.
6 (h) "Surveyor Intern" "Land Surveyor-in-Training" means
7any person licensed under the laws of the State of Illinois who
8has qualified for, taken, and passed an examination in the
9fundamental land surveying surveyor-in-training subjects as
10provided by this Act or its rules.
11 (i) "Land surveying experience" means those activities
12enumerated in Section 5 of this Act, which, when exercised in
13combination, to the satisfaction of the Board, is proof of an
14applicant's broad range of training in and exposure to the
15prevailing practice of land surveying.
16 (j) "Address of record" means the designated address
17recorded by the Department in the applicant's or licensee's
18application file or license file maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address, and
21such changes must be made either through the Department's
22website or by contacting the Department's licensure
23maintenance unit.
24 (k) "Standard of care" means the use of the same degree of
25knowledge, skill, and ability as an ordinarily careful and
26reasonable professional land surveyor would exercise under

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1similar circumstances.
2 (l) "Establishing" means performing an original survey. An
3original survey establishes boundary lines within an original
4division of a tract of land which has theretofore existed as
5one unit or parcel and describing and monumenting a line or
6lines of a parcel or tract of land on the ground for the first
7time. An original surveyor is the creator of one or more new
8boundary lines.
9 (m) "Reestablishing" or "locating" means performing a
10retracement survey. A retracement survey tracks the footsteps
11of the original surveyor, locating boundary lines and corners
12which have been established by the original survey. A
13retracement survey cannot establish new corners or lines or
14correct errors of the original survey.
15 (n) "Boundary law principles" means applying the
16decisions, results, and findings of land boundary cases that
17concern the establishment of boundary lines and corners.
18(Source: P.A. 96-626, eff. 8-24-09.)
19 (225 ILCS 330/5) (from Ch. 111, par. 3255)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 5. Practice of land surveying defined. Any person who
22practices in Illinois as a professional land surveyor who
23renders, offers to render, or holds himself or herself out as
24able to render, or perform any service, the adequate
25performance of which involves the special knowledge of the art

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1and application of the principles of the accurate and precise
2measurement of length, angle, elevation or volume,
3mathematics, the related physical and applied sciences, and the
4relevant requirements of applicable boundary law principles
5and performed with the appropriate standard of care, all of
6which are acquired by education, training, experience, and
7examination. Any one or combination of the following practices
8constitutes the practice of land surveying:
9 (a) Establishing or reestablishing, locating,
10 defining, and making or monumenting land boundaries or
11 title or real property lines and the platting of lands and
12 subdivisions;
13 (b) Determining Establishing the area or volume of any
14 portion of the earth's surface, subsurface, or airspace
15 with respect to boundary lines, determining the
16 configuration or contours of any portion of the earth's
17 surface, subsurface, or airspace or the location of fixed
18 objects thereon, except as performed by photogrammetric
19 methods by persons holding certification from the American
20 Society of Photogrammetry and Remote Sensing or
21 substantially similar certification as approved by the
22 Department, or except when the level of accuracy required
23 is less than the level of accuracy required by the National
24 Society of Professional Surveyors Model Standards and
25 Practice;
26 (c) Preparing descriptions for the determination of

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1 title or real property rights to any portion or volume of
2 the earth's surface, subsurface, or airspace involving the
3 lengths and direction of boundary lines, areas, parts of
4 platted parcels or the contours of the earth's surface,
5 subsurface, or airspace;
6 (d) Labeling, designating, naming, preparing, or
7 otherwise identifying legal lines or land title lines of
8 the United States Rectangular System or any subdivision
9 thereof on any plat, map, exhibit, photograph,
10 photographic composite, or mosaic or photogrammetric map
11 of any portion of the earth's surface for the purpose of
12 recording and amending the same by the issuance of a
13 certificate of correction in the Office of Recorder in any
14 county;
15 (e) Any act or combination of acts that would be viewed
16 as offering professional land surveying services
17 including:
18 (1) setting monuments which have the appearance of
19 or for the express purpose of marking land boundaries,
20 either directly or as an accessory;
21 (2) providing any sketch, map, plat, report,
22 monument record, or other document which indicates
23 land boundaries and monuments, or accessory monuments
24 thereto, except that if the sketch, map, plat, report,
25 monument record, or other document is a copy of an
26 original prepared by a Professional Land Surveyor, and

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1 if proper reference to that fact be made on that
2 document;
3 (3) performing topographic surveys, with the
4 exception of a licensed professional engineer
5 knowledgeable in topographical surveys that performs a
6 topographical survey specific to his or her design
7 project. A licensed professional engineer may not,
8 however, offer topographic surveying services that are
9 independent of his or her specific design project; or
10 (4) locating, relocating, establishing,
11 reestablishing re-establishing, retracing, laying out,
12 or staking of the location, alignment, or elevation of
13 any existing or proposed improvements whose location
14 is dependent upon property, easement, and right-of-way
15 boundaries lines;
16 (5) providing consultation, investigation,
17 planning, mapping, assembling, and authoritative
18 interpretation of gathered measurements, documents,
19 and evidence in relation to the location of property,
20 easement, and right-of-way boundaries; or
21 (6) measuring, evaluating, mapping, or reporting
22 the location of existing or proposed buildings,
23 structures, or other improvements or their surrounding
24 topography with respect to current flood insurance
25 rate mapping or federal emergency management agency
26 mapping along with locating of inland wetland

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1 boundaries delineated by a qualified specialist in
2 relation to the location of property, easement, and
3 right-of-way boundaries.
4 (f) Determining the horizontal or vertical position or
5 state plane coordinates for any monument or reference point
6 that marks a title or real property line, boundary, or
7 corner, or to set, reset, or replace any monument or
8 reference point on any title or real property;
9 (g) Creating, preparing, or modifying electronic or
10 computerized data or maps, including land information
11 systems and geographic information systems, relative to
12 the performance of activities in items (a), (b), (d), (e),
13 (f), and (h) of this Section, except where electronic means
14 or computerized data is otherwise utilized to integrate,
15 display, represent, or assess the created, prepared, or
16 modified data;
17 (h) Determining Establishing or adjusting any control
18 network or any geodetic control network or cadastral data
19 as it pertains to items (a) through (g) of this Section
20 together with the assignment of measured values to any
21 United States Rectangular System corners, title or real
22 property corner monuments or geodetic monuments;
23 (i) Preparing and attesting to the accuracy of a map or
24 plat showing the land boundaries or lines and marks and
25 monuments of the boundaries or of a map or plat showing the
26 boundaries of surface, subsurface, or air rights;

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1 (j) Executing and issuing certificates, endorsements,
2 reports, or plats that portray the horizontal or vertical
3 relationship between existing physical objects or
4 structures and one or more corners, datums, or boundaries
5 of any portion of the earth's surface, subsurface, or
6 airspace;
7 (k) Acting in direct supervision and control of land
8 surveying activities or acting as a manager in any place of
9 business that solicits, performs, or practices land
10 surveying;
11 (l) Boundary analysis and determination of property,
12 easement, or right-of-way lines on any plat submitted for
13 regulatory review by governmental or municipal agencies;
14 (m) (l) Offering or soliciting to perform any of the
15 services set forth in this Section.
16 In the performance of any of the foregoing functions, a
17licensee shall adhere to the standards of professional conduct
18enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
19this Section imposes upon a person licensed under this Act the
20responsibility for the performance of any of the foregoing
21functions unless such person specifically contracts to perform
22such functions.
23(Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10;
2497-333, eff. 8-12-11; 97-813, eff. 7-13-12.)
25 (225 ILCS 330/8) (from Ch. 111, par. 3258)

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1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 8. Powers and duties of the Board; quorum. Subject to
3the provisions of this Act, the Board shall exercise the
4following functions, powers, and duties:
5 (a) Review applicant qualifications to sit for the
6 examination or for licensure and shall make
7 recommendations to the Department except for those
8 applicant qualifications that the Board designates as
9 routinely acceptable;
10 (b) Conduct hearings regarding disciplinary actions
11 and submit a written report to the Secretary as required by
12 this Act and provide a Board member at informal
13 conferences;
14 (c) Visit universities or colleges to evaluate
15 surveying curricula and submit to the Secretary a written
16 recommendation of acceptability of the curriculum;
17 (d) Submit a written recommendation to the Secretary
18 concerning promulgation or amendment of rules for the
19 administration of this Act;
20 (e) The Department may at any time seek the expert
21 advice and knowledge of the Board on any matter relating to
22 the enforcement of this Act;
23 (f) The Board may appoint a subcommittee to serve as a
24 Complaint Committee to recommend the disposition of case
25 files according to procedures established by rule;
26 (g) Hold at least 3 regular meetings each year; and

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1 (h) The Board shall annually elect a Chairperson and a
2 Vice Chairperson who shall be licensed Illinois
3 Professional Land Surveyors.
4 A quorum of the Board shall consist of 4 members. A quorum
5is required for all Board decisions.
6 Subject to the provisions of this Act, the Board may
7exercise the following duties as deemed necessary by the
8Department: (i) review education and experience qualifications
9of applicants, including conducting oral interviews; (ii)
10determine eligibility as a Professional Land Surveyor or
11Surveyor Intern Land Surveyor-in-Training; and (iii) submit to
12the Secretary recommendations on applicant qualifications for
13enrollment and licensure.
14(Source: P.A. 96-626, eff. 8-24-09.)
15 (225 ILCS 330/11) (from Ch. 111, par. 3261)
16 (Section scheduled to be repealed on January 1, 2020)
17 Sec. 11. Examination; failure Failure or refusal to take.
18The Department shall authorize examinations, as recommended
19and approved by the Board, for licensure as Surveyor Interns
20Land Surveyors-in-Training and Professional Land Surveyors at
21such times and places as it may determine.
22 The examination of an applicant for licensure as a Surveyor
23Intern Land Surveyor-in-Training or a Professional Land
24Surveyor may include examinations as defined by rule. The
25substance and form of the examination shall be as recommended

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1and approved by the Board. Each applicant shall be examined as
2to his knowledge of the statutes of the United States of
3America and the State of Illinois relating to the practice of
4land surveying and mathematics as applied to land surveying.
5 All applicants for licensing as a Professional Land
6Surveyor shall be required to pass, as a portion of the
7examination, a jurisdictional examination to determine the
8applicant's knowledge of the surveying tasks unique to the
9State of Illinois, and the laws relating thereto.
10 Applicants for any examination shall be required to pay,
11either to the Department or the designated testing service, a
12fee covering the cost of providing the examination. Failure to
13appear for the examination on the scheduled date, at the time
14and place specified, after the applicant's application for
15examination has been received and acknowledged by the
16Department or the designated testing service, shall result in
17the forfeiture of the examination fee. If an applicant
18neglects, fails, or refuses to take an examination for
19registration under this Act within 3 years after filing his
20application, the application fee shall be forfeited to the
21Department and the application denied. However, the applicant
22may thereafter make a new application for examination,
23accompanied by the required fee.
24(Source: P.A. 98-713, eff. 7-16-14.)
25 (225 ILCS 330/12) (from Ch. 111, par. 3262)

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1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 12. Qualifications for licensing.
3 (a) A person is qualified to receive a license as a
4Professional Land Surveyor and the Department shall issue a
5license to a person:
6 (1) who has applied in writing in the required form to
7 the Department;
8 (2) (blank);
9 (2.5) who has not violated any provision of this Act or
10 its rules;
11 (3) who is of good ethical character, including
12 compliance with the Code of Ethics and Standards of
13 Practice promulgated by rule pursuant to this Act, and has
14 not committed an act or offense in any jurisdiction that
15 would constitute grounds for discipline of a land surveyor
16 licensed under this Act;
17 (4) who has been issued a license as a Surveyor Intern
18 Land Surveyor-in-Training;
19 (5) who, subsequent to passing the examination
20 authorized by the Department for licensure as a Surveyor
21 Intern Surveyor-In-Training, has at least 4 years of
22 responsible charge experience verified by a professional
23 land surveyor in direct supervision and control of his or
24 her activities;
25 (6) who has passed an examination authorized by the
26 Department to determine his or her fitness to receive a

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1 license as a Professional Land Surveyor; and
2 (7) who satisfies one of the following educational
3 requirements:
4 (A) is a graduate of an approved land surveying
5 curriculum of at least 4 years who has passed an
6 examination in the fundamentals of surveying, as
7 defined by rule; or
8 (B) is a graduate of a baccalaureate curriculum of
9 at least 4 years, including at least 24 semester hours
10 of land surveying courses from an approved land
11 surveying curriculum and the related science courses,
12 who has passed an examination in the fundamentals of
13 surveying, as defined by rule. who has a baccalaureate
14 degree in a related science if he or she does not have
15 a baccalaureate degree in land surveying from an
16 accredited college or university.
17 (b) A person is qualified to receive a license as a
18Surveyor Intern Land Surveyor-in-Training and the Department
19shall issue a license to a person:
20 (1) who has applied in writing in the required form
21 provided by the Department;
22 (2) (blank);
23 (3) who is of good moral character;
24 (4) who has the required education as set forth in this
25 Act; and
26 (5) who has passed an examination authorized by the

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1 Department to determine his or her fitness to receive a
2 license as a Surveyor Intern Land Surveyor-in-Training in
3 accordance with this Act.
4 In determining moral character under this Section, the
5Department may take into consideration whether the applicant
6has engaged in conduct or actions that would constitute grounds
7for discipline under this Act.
8(Source: P.A. 96-626, eff. 8-24-09.)
9 (225 ILCS 330/13) (from Ch. 111, par. 3263)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 13. Minimum standards for enrollment as a Surveyor
12Intern. Qualifications for examination for Licensed Land
13Surveyor-in-Training. To enroll as a Surveyor Intern, an
14applicant must be:
15 (1) a graduate of an approved land surveying curriculum
16 of at least 4 years who has passed an examination in the
17 fundamentals of surveying, as defined by rule;
18 (2) an applicant in the last year of an approved land
19 surveying or related science curriculum who passes an
20 examination in the fundamentals of surveying, as defined by
21 rule, and furnishes proof that the applicant graduated
22 within a 12-month period following the examination; or
23 (3) a graduate of a baccalaureate curriculum of at
24 least 4 years, including at least 24 semester hours of land
25 surveying courses from an approved land surveying

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1 curriculum and the related science courses, as defined by
2 rule, who passes an examination in the fundamentals of
3 surveying, as defined by rule.
4Applicants for the examination for Land Surveyor-in-Training
5shall have:
6 (1) a baccalaureate degree in Land Surveying from an
7 accredited college or university program; or
8 (2) a baccalaureate degree in a related science
9 including at least 24 semester hours of land surveying
10 courses from a Department approved curriculum of an
11 accredited institution.
12(Source: P.A. 96-626, eff. 8-24-09; 97-543, eff. 1-1-12.)
13 (225 ILCS 330/14) (from Ch. 111, par. 3264)
14 (Section scheduled to be repealed on January 1, 2020)
15 Sec. 14. License to be displayed. Every holder of a license
16as a Professional Land Surveyor or Surveyor Intern Land
17Surveyor-in-Training shall display it in a conspicuous
18location in his or her office, place of business, or place of
19employment.
20(Source: P.A. 91-132, eff. 1-1-00.)
21 (225 ILCS 330/16) (from Ch. 111, par. 3266)
22 (Section scheduled to be repealed on January 1, 2020)
23 Sec. 16. Unlawful to practice without license or
24registration. It is unlawful for any person, sole

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1proprietorship, professional service corporation, corporation,
2partnership, limited liability company, or other entity to
3practice land surveying, or advertise or display any sign, card
4or other device which might indicate to the public that the
5person or entity is entitled to practice as a land surveyor, or
6use the initials "P.L.S.", "L.S.", or "S.I." "S.I.T.", use the
7title "Professional Land Surveyor" or "Surveyor Intern" "Land
8Surveyor-in-Training" or any of their derivations, unless such
9person holds a valid active license as a Professional Land
10Surveyor or Surveyor Intern Land Surveyor-in-Training in the
11State of Illinois, or such professional service corporation,
12corporation, partnership, sole proprietorship, limited
13liability company, or other entity is in compliance with this
14Act.
15(Source: P.A. 88-428.)
16 (225 ILCS 330/16.5)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 16.5. Unlicensed practice; violation; civil penalty.
19 (a) Any person who practices, offers to practice, attempts
20to practice, or holds oneself out to practice as a professional
21land surveyor or as a Surveyor Intern land surveyor-in-training
22without being licensed under this Act shall, in addition to any
23other penalty provided by law, pay a civil penalty to the
24Department in an amount not to exceed $10,000 for each offense
25as determined by the Department. The civil penalty shall be

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1assessed by the Department after a hearing is held in
2accordance with the provisions set forth in this Act regarding
3the provision of a hearing for the discipline of a licensee.
4 (b) The Department has the authority and power to
5investigate any and all unlicensed activity.
6 (c) The civil penalty shall be paid within 60 days after
7the effective date of the order imposing the civil penalty. The
8order shall constitute a judgment and may be filed and
9execution had thereon in the same manner as any judgment from
10any court of record.
11(Source: P.A. 96-626, eff. 8-24-09.)
12 (225 ILCS 330/17) (from Ch. 111, par. 3267)
13 (Section scheduled to be repealed on January 1, 2020)
14 Sec. 17. Surveyor Intern; supervision Land
15Surveyor-in-Training; Supervision. It is unlawful for any
16Surveyor Intern Land Surveyor-in-Training licensed under this
17Act to practice or attempt to practice land surveying except
18when in responsible charge under the overall supervision of a
19Professional Land Surveyor.
20(Source: P.A. 86-987.)
21 (225 ILCS 330/18) (from Ch. 111, par. 3268)
22 (Section scheduled to be repealed on January 1, 2020)
23 Sec. 18. Renewal, reinstatement or restoration of license;
24Persons in military service.

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1 (a) The expiration date and renewal period for each license
2as a Professional Land Surveyor issued under this Act shall be
3set by rule. The holder of a license may renew such license
4during the month preceding the expiration date by paying the
5required fee.
6 (b) Any Professional Land Surveyor whose license has been
7inactive for less than 5 years is required to pay the current
8renewal fee and shall have his or her license restored.
9 (c) A Professional Land Surveyor whose license has been
10expired for more than 5 years may have the license restored by
11making application to the Department and filing proof
12acceptable to the Department of fitness to have the license
13restored, including, but not limited to, sworn evidence
14certifying to active practice in another jurisdiction and
15payment of the required renewal, reinstatement or restoration
16fee.
17 However, any Professional Land Surveyor whose license
18expired while engaged (a) in federal service on active duty
19with the armed forces of the United States, or the State
20Militia called into active service or training, or (b) in
21training or education under the supervision of the United
22States preliminary to induction into the military service, may
23have a license renewed without paying any lapsed reinstatement
24or restoration fees upon passing an oral examination by the
25Board, or without taking any examination, if approved by the
26Board, if, within 2 years after the termination other than by

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1dishonorable discharge of such service, training, or
2education, the licensee furnishes the Department with an
3affidavit to the effect the licensee was so engaged and that
4the service, training, or education has so terminated.
5 (d) A license for a Surveyor Intern does not expire Land
6Surveyor-in-Training is valid for 10 years and may not be
7renewed.
8(Source: P.A. 96-626, eff. 8-24-09.)
9 (225 ILCS 330/23) (from Ch. 111, par. 3273)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 23. Address of Record; Names of licensed surveyors to
12be published. It is the responsibility of a Professional Land
13Surveyor or Surveyor Intern Land Surveyor-in-Training to
14inform the Department of any change of address or name. The
15Department shall maintain a roster of names, and addresses, and
16email addresses of all professional land surveyors and
17professional design firms, partnerships, and corporations
18licensed or registered under this Act. This roster shall be
19available upon request and payment of the required fee.
20(Source: P.A. 96-626, eff. 8-24-09.)
21 (225 ILCS 330/40) (from Ch. 111, par. 3290)
22 (Section scheduled to be repealed on January 1, 2020)
23 Sec. 40. Temporary suspension of a license. The Secretary
24may temporarily suspend the license of a Professional Land

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1Surveyor or Surveyor Intern Land Surveyor-in-Training without
2a hearing, simultaneously with the institution of proceedings
3for a hearing under Section 29 of this Act, if the Secretary
4finds that evidence in his possession indicates that a
5Professional Land Surveyor's or Surveyor Intern's Land
6Surveyor-in-Training's continuation in practice would
7constitute an imminent danger to the public. In the event that
8the Secretary temporarily suspends the license of a
9Professional Land Surveyor or Surveyor Intern Land
10Surveyor-in-Training without a hearing, a hearing by the Board
11must be commenced within 30 days after such suspension has
12occurred.
13(Source: P.A. 96-626, eff. 8-24-09.)
14 (225 ILCS 330/48) (from Ch. 111, par. 3298)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 48. Fund, appropriations, investments and audits. The
17moneys deposited in the Design Professionals Administration
18and Investigation Fund from fines and fees under this Act shall
19be appropriated to the Department exclusively for expenses of
20the Department and the Board in the administration of this Act,
21the Illinois Architecture Practice Act, the Professional
22Engineering Practice Act of 1989, and the Structural
23Engineering Practice Act of 1989. The expenses of the
24Department under this Act shall be limited to the ordinary and
25contingent expenses of the Design Professionals Dedicated

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1Employees within the Department as established under Section
22105-75 of the Department of Professional Regulation Law (20
3ILCS 2105/2105-75) and other expenses related to the
4administration and enforcement of this Act.
5 Moneys from the Fund may also be used for direct and
6allocable indirect costs related to the public purposes of the
7Department of Financial and Professional Regulation. Moneys in
8the Fund may be transferred to the Professions Indirect Cost
9Fund as authorized by Section 2105-300 of the Department of
10Professional Regulation Law (20 ILCS 2105/2105-300).
11 Moneys in the Design Professionals Administration and
12Investigation Fund may be invested and reinvested with all
13earnings received from the investments to be deposited in the
14Design Professionals Administration and Investigation Fund and
15used for the same purposes as fees deposited in that Fund.
16 Upon the completion of any audit of the Department as
17prescribed by the Illinois State Auditing Act that includes an
18audit of the Design Professionals Administration and
19Investigation Fund, the Department shall make the audit open to
20inspection by any interested person. The copy of the audit
21report required to be submitted to the Department by this
22Section is in addition to copies of audit reports required to
23be submitted to other State officers and agencies by Section
243-14 of the Illinois State Auditing Act.
25(Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
26eff. 6-28-01.)
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