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Public Act 098-0289
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SB1826 Enrolled | LRB098 07550 MGM 37621 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Electronic Commerce Security Act is amended |
by changing Section 5-120 as follows:
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(5 ILCS 175/5-120)
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Sec. 5-120. Electronic signatures.
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(a) Where a rule of law requires a signature, or provides |
for certain
consequences if a
document is not signed, an |
electronic signature satisfies that rule of law.
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(a-5) In the course of exercising any permitting, |
licensing, or other regulatory function, a municipality may |
accept, but shall not require, documents with an electronic |
signature, including, but not limited to, the technical |
submissions of a design professional with an electronic |
signature. |
(b) An electronic signature may be proved in any manner, |
including by
showing that a
procedure existed by which a party |
must of necessity have executed a symbol or
security procedure |
for
the purpose of verifying that an electronic record is that |
of such party in
order to proceed further with a
transaction.
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(c) The provisions of this Section shall not apply:
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(1) when its application would involve a construction |
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of a rule of law
that is clearly
inconsistent with the |
manifest intent of the lawmaking body or repugnant to the
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context of the
same rule of law, provided that the mere |
requirement of a "signature" or that a
record be
"signed" |
shall not by itself be sufficient to establish such intent;
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(2) to any rule of law governing the creation or |
execution of a will or
trust, living
will, or healthcare |
power of attorney; and
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(3) to any record that serves as a unique and |
transferable instrument of
rights and
obligations |
including, without limitation, negotiable instruments and |
other
instruments of title
wherein possession of the |
instrument is deemed to confer title, unless an
electronic |
version of
such record is created, stored, and transferred |
in a manner that allows for the
existence of only
one |
unique, identifiable, and unalterable original with the |
functional
attributes of an equivalent
physical |
instrument, that can be possessed by only one person, and |
which cannot
be copied
except in a form that is readily |
identifiable as a copy.
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(Source: P.A. 90-759, eff. 7-1-99.)
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Section 10. The Illinois Architecture Practice Act of 1989 |
is amended by changing Section 14 as follows:
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(225 ILCS 305/14) (from Ch. 111, par. 1314)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 14. Display of license; Seal. Every holder of a |
license as a
licensed architect shall display it in a |
conspicuous place in the principal
office of the architect.
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Every licensed architect shall have a reproducible
seal, or |
facsimile,
the print of which shall contain the name of the |
architect, the license
number, and the words "Licensed |
Architect, State of Illinois". The
licensed architect shall |
affix the signature, current date, date of license
expiration |
and seal to the first sheet of any bound set or loose sheets of
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technical submissions utilized as contract
documents between |
the parties to the contract or prepared for the
review and |
approval of any governmental or public authority having
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jurisdiction by that licensed architect or under that licensed
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architect's responsible control. The sheet
of technical |
submissions in which the seal is affixed shall indicate those |
documents or
parts thereof for which the seal shall apply.
The |
seal and dates may be electronically affixed. The licensee may |
provide, at his or her sole discretion, an original signature |
in the licensee's handwriting, a scanned copy of the document |
bearing an original signature, or a signature generated by a |
computer. The signature must be
in the original handwriting of |
the licensee. Signatures generated by computer
shall not be |
permitted. All technical submissions issued by any |
corporation,
partnership, professional service corporation, or |
professional design firm as
registered under this Act shall |
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contain the corporate or assumed business name
and design firm |
registration number, in addition to any other seal
requirements |
as set forth in this Section.
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"Responsible control" means that amount of control over and |
detailed
professional knowledge of
the content of technical |
submissions during their preparation as is ordinarily
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exercised by architects
applying the required professional |
standard of care. Merely reviewing or
reviewing and correcting |
the
technical submissions or any portion thereof prepared by |
those not in the
regular employment of the
office where the |
architect is resident without control over the content of such
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work throughout its
preparation does not constitute |
responsible control.
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An architect licensed under the laws of this jurisdiction |
shall not sign and
seal technical
submissions that were not |
prepared by or under the responsible control of the
architect |
except that:
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(1) the architect may sign and seal those portions of |
the technical
submissions that were
prepared by or under |
the responsible control of persons who hold a license
under |
this Act, and
who shall have signed and sealed the |
documents, if the architect has reviewed
in whole or in
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part such portions and has either coordinated their |
preparation or integrated
them into his or
her work;
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(2) the architect may sign and seal portions of the |
professional work that
are not
required by this Act to be |
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prepared by or under the responsible control of an
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architect if the
architect has reviewed and adopted in |
whole or in part such portions and has
integrated them
into |
his or her work; and
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(3) a partner or corporate officer of a professional |
design firm
registered in Illinois
who is licensed under |
the architecture licensing laws of this State, and who
has |
professional
knowledge of the content of the technical |
submissions and intends to be
responsible for the
adequacy |
of the technical submissions, may sign and seal technical |
submissions
that are prepared
by or under the responsible |
control of architects who are licensed in this
State and |
who are in
the regular employment of the professional |
design firm.
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The architect exercising responsible control under which |
the documents or
portions of the
documents were prepared shall |
be identified on the documents or portions of the
documents by |
name and
Illinois license number.
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Any licensed architect who signs and seals technical |
submissions not prepared
by that architect
but prepared under |
the architect's responsible control by persons not regularly
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employed in the office
where the architect is resident shall |
maintain and make available to the board
upon request for at
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least 5 years following such signing and sealing, adequate and |
complete records
demonstrating the
nature and extent of the |
architect's control over and detailed professional
knowledge |
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of such
technical submissions throughout their preparation.
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(Source: P.A. 91-133, eff. 1-1-00; 92-360, eff. 1-1-02 .)
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Section 15. The Professional Engineering Practice Act of |
1989 is amended by changing Section 14 as follows:
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(225 ILCS 325/14) (from Ch. 111, par. 5214)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 14. Seal. Every professional engineer shall
have a |
seal or
stamp, the print of which shall
be reproducible and
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contain the name of the
professional engineer, the professional |
engineer's license number, and
the words "Licensed |
Professional Engineer of Illinois".
Any
reproducible stamp |
heretofore authorized under the laws of this
state for use by a
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professional engineer, including those with the words |
"Registered
Professional Engineer of Illinois",
shall serve |
the same purpose as the seal provided
for by this Act. The |
engineer shall be responsible for his seal and signature as |
defined by rule.
When technical submissions are prepared |
utilizing a computer or other
electronic means, the seal may be |
generated by the computer. The licensee may provide, at his or |
her sole discretion, an original signature in the licensee's |
handwriting, a scanned copy of the technical submission bearing |
an original signature, or a signature generated by a computer. |
Signatures
generated by computer shall not be permitted.
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The use of a professional engineer's seal on technical |
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submissions
constitutes a representation by the professional |
engineer that the work
has been prepared by or under the |
personal supervision of the professional
engineer or developed |
in conjunction with the use of accepted engineering
standards. |
The use of the seal further represents that the work has been
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prepared and administered in accordance with the
standards of |
reasonable professional skill and diligence.
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It is unlawful to affix one's seal to technical submissions |
if
it masks the true identity of the person who actually |
exercised
direction, control and supervision of the |
preparation of such work. A
professional engineer who seals and |
signs technical submissions is not
responsible for damage |
caused by subsequent changes to or uses of those
technical |
submissions, where the subsequent changes or uses, including
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changes or uses made by State or local governmental agencies, |
are not
authorized or approved by the professional engineer who |
originally
sealed and signed the technical submissions.
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(Source: P.A. 96-626, eff. 8-24-09.)
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Section 20. The Illinois Professional Land Surveyor Act of |
1989 is amended by changing Section 15 as follows:
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(225 ILCS 330/15) (from Ch. 111, par. 3265)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 15. Seal. Every Professional Land Surveyor shall have |
a
reproducible seal or facsimile, which may be computer |
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generated, the
impression of which
shall contain the name of |
the land surveyor, his or her place of business,
the license
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number, of the Professional Land Surveyor, and the words |
"Professional Land
Surveyor, State of Illinois". Signatures |
generated by computer or rubber
stamp shall not be permitted. A
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Professional Land Surveyor shall seal all documents prepared by |
or
under the direct supervision and control of the Professional |
Land Surveyor.
Any seal authorized or approved by the |
Department under the Illinois Land
Surveyors Act shall serve |
the same purpose as the seal provided for by this
Act. The
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licensee's written signature and date of signing along with the |
date of license
expiration shall be placed adjacent to the |
seal. The licensee may provide, at his or her sole discretion, |
an original signature in the licensee's handwriting, a scanned |
copy of the document bearing an original signature, or a |
signature generated by a computer. |
It is unlawful to affix one's seal to documents if it masks |
the true identity of the person who actually exercised |
direction, control, and supervision of the preparation of that |
work. A Professional Land Surveyor who seals and signs |
documents is not responsible for damage caused by subsequent |
changes to or uses of those documents where the subsequent |
changes or uses, including changes or uses made by State or |
local governmental agencies, are not authorized or approved by |
the Professional Land Surveyor who originally sealed and signed |
the documents.
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