Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 330/ Illinois Professional Land Surveyor Act of 1989.

225 ILCS 330/ Illinois Professional Land Surveyor Act of 1989.

    (225 ILCS 330/1)(from Ch. 111, par. 3251)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 1. Declaration of public policy. The practice of land surveying in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared that the determination and physical protraction of land boundaries, together with the attendant preparation of legal descriptions and plats, which bear witness for posterity to chronicle the acts and wishes of landowners throughout this State is a matter of public interest and concern. Therefore, it is in the public interest that the practice of land surveying, as defined in this Act, merit and receive the confidence of the public, and that only qualified persons be authorized to practice land surveying in the State of Illinois. This Act shall be liberally construed to best carry out this purpose.
(Source: P.A. 93‑467, eff. 1‑1‑04.)

    (225 ILCS 330/2)(from Ch. 111, par. 3252)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 2. Short title. This Act shall be known and may be cited as the Illinois Professional Land Surveyor Act of 1989.
(Source: P.A. 86‑987.)

    (225 ILCS 330/3)(from Ch. 111, par. 3253)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 3. Exceptions. This Act does not prohibit any person licensed in this State under any other Act from engaging in the practice for which that person is licensed.
(Source: P.A. 93‑467, eff. 1‑1‑04.)

    (225 ILCS 330/4)(from Ch. 111, par. 3254)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 4. Definitions. As used in this Act:
    (a) "Department" means the Department of Financial and Professional Regulation.
    (b) "Secretary" means the Secretary of the Department of Financial and Professional Regulation.
    (c) "Board" means the Land Surveyors Licensing Board.
    (d) "Direct supervision and control" means the personal review by a Licensed Professional Land Surveyor of each survey, including, but not limited to, procurement, research, field work, calculations, preparation of legal descriptions and plats. The personal review shall be of such a nature as to assure the client that the Professional Land Surveyor or the firm for which the Professional Land Surveyor is employed is the provider of the surveying services.
    (e) "Responsible charge" means an individual responsible for the various components of the land survey operations subject to the overall supervision and control of the Professional Land Surveyor.
    (f) "Design professional" means a land surveyor, architect, structural engineer, or professional engineer licensed in conformance with this Act, the Illinois Architecture Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Professional Engineering Practice Act of 1989.
    (g) "Professional Land Surveyor" means any person licensed under the laws of the State of Illinois to practice land surveying, as defined by this Act or its rules.
    (h) "Land Surveyor‑in‑Training" means any person licensed under the laws of the State of Illinois who has qualified for, taken, and passed an examination in the fundamental land surveyor‑in‑training subjects as provided by this Act or its rules.
    (i) "Land surveying experience" means those activities enumerated in Section 5 of this Act, which, when exercised in combination, to the satisfaction of the Board, is proof of an applicant's broad range of training in and exposure to the prevailing practice of land surveying.
    (j) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/5)(from Ch. 111, par. 3255)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 5. Practice of land surveying defined. Any person who practices in Illinois as a professional land surveyor who renders, offers to render, or holds himself or herself out as able to render, or perform any service, the adequate performance of which involves the special knowledge of the art and application of the principles of the accurate and precise measurement of length, angle, elevation or volume, mathematics, the related physical and applied sciences, and the relevant requirements of law, all of which are acquired by education, training, experience, and examination. Any one or combination of the following practices constitutes the practice of land surveying:
        (a) Establishing or reestablishing, locating,
    defining, and making or monumenting land boundaries or title or real property lines and the platting of lands and subdivisions;
        (b) Establishing the area or volume of any portion of
    the earth's surface, subsurface, or airspace with respect to boundary lines, determining the configuration or contours of any portion of the earth's surface, subsurface, or airspace or the location of fixed objects thereon, except as performed by photogrammetric methods or except when the level of accuracy required is less than the level of accuracy required by the National Society of Professional Surveyors Model Standards and Practice;
        (c) Preparing descriptions for the determination of
    title or real property rights to any portion or volume of the earth's surface, subsurface, or airspace involving the lengths and direction of boundary lines, areas, parts of platted parcels or the contours of the earth's surface, subsurface, or airspace;
        (d) Labeling, designating, naming, or otherwise
    identifying legal lines or land title lines of the United States Rectangular System or any subdivision thereof on any plat, map, exhibit, photograph, photographic composite, or mosaic or photogrammetric map of any portion of the earth's surface for the purpose of recording the same in the Office of Recorder in any county;
        (e) Any act or combination of acts that would be
    viewed as offering professional land surveying services including:
             (1) setting monuments which have the appearance
        of or for the express purpose of marking land boundaries, either directly or as an accessory;
             (2) providing any sketch, map, plat, report,
        monument record, or other document which indicates land boundaries and monuments, or accessory monuments thereto, except that if the sketch, map, plat, report, monument record, or other document is a copy of an original prepared by a Professional Land Surveyor, and if proper reference to that fact be made on that document;
            (3) performing topographic surveys, with the
        exception of a licensed professional engineer knowledgeable in topographical surveys that performs a topographical survey specific to his or her design project. A licensed professional engineer may not, however, offer topographic surveying services that are independent of his or her specific design project; or
            (4) locating, relocating, establishing,
            re‑establishing, retracing, laying out, or staking of the location, alignment, or elevation of any proposed improvements whose location is dependant upon property lines;
        (f) Determining the horizontal or vertical position
    or state plane coordinates for any monument or reference point that marks a title or real property line, boundary, or corner, or to set, reset, or replace any monument or reference point on any title or real property;
        (g) Creating, preparing, or modifying electronic or
    computerized data or maps, including land information systems and geographic information systems, relative to the performance of activities in items (a), (b), (d), (e), (f), and (h) of this Section, except where electronic means or computerized data is otherwise utilized to integrate, display, represent, or assess the created, prepared, or modified data;
        (h) Establishing or adjusting any control network or
    any geodetic control network or cadastral data as it pertains to items (a) through (g) of this Section together with the assignment of measured values to any United States Rectangular System corners, title or real property corner monuments or geodetic monuments;
        (i) Preparing and attesting to the accuracy of a map
    or plat showing the land boundaries or lines and marks and monuments of the boundaries or of a map or plat showing the boundaries of surface, subsurface, or air rights;
        (j) Executing and issuing certificates, endorsements,
    reports, or plats that portray the horizontal or vertical relationship between existing physical objects or structures and one or more corners, datums, or boundaries of any portion of the earth's surface, subsurface, or airspace;
        (k) Acting in direct supervision and control of land
    surveying activities or acting as a manager in any place of business that solicits, performs, or practices land surveying;
        (l) Offering or soliciting to perform any of the
    services set forth in this Section;
    In the performance of any of the foregoing functions, a
    licensee shall adhere to the standards of professional conduct enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in this Section imposes upon a person licensed under this Act the responsibility for the performance of any of the foregoing functions unless such person specifically contracts to perform such functions.
(Source: P.A. 96‑626, eff. 8‑24‑09; 96‑1000, eff. 7‑2‑10.)

    (225 ILCS 330/6)(from Ch. 111, par. 3256)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 6. Powers and duties of the Department.
    (a) The Department shall exercise the powers and duties prescribed by The Illinois Administrative Procedure Act for the administration of licensing Acts. The Department shall also exercise, subject to the provisions of this Act, the following powers and duties:
        (1) Conduct or authorize examinations to ascertain
     the fitness and qualifications of applicants for licensure and issue licenses to those who are found to be fit and qualified.
        (2) Prescribe rules for a method of examination.
        (3) Conduct hearings on proceedings to revoke,
     suspend, or refuse to issue, renew, or restore a license, or other disciplinary actions.
        (4) Promulgate rules and regulations required for
     the administration of this Act.
        (5) License corporations, partnerships, and all
     other business entities for the practice of professional surveying and issue a license to those who qualify.
        (6) Prescribe, adopt, and amend rules as to what
     shall constitute a surveying or related science curriculum, determine if a specific surveying curriculum is in compliance with the rules, and terminate the approval of a specific surveying curriculum for non‑compliance with such rules.
        (7) Maintain membership in the National Council of
     Engineering Examiners or a similar organization and participate in activities of the Council or organization by designating individuals for the various classifications of membership and appoint delegates for attendance at zone and national meetings of the Council or organization.
        (8) Obtain written recommendations from the Board
     regarding qualification of individuals for licensing, definition of curriculum content and approval of surveying curriculums, standards of professional conduct and disciplinary actions, promulgate and amend the rules affecting these matters, and consult with the Board on other matters affecting administration of the Act.
    (a‑5) The Department may promulgate rules for a Code of Ethics and Standards of Practice to be followed by persons licensed under this Act. The Department shall consider the recommendations of the Board in establishing the Code of Ethics and Standards of Practice.
    (b) The Department shall consult with the Board in promulgating rules. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and recommendations.
    (c) The Department shall review the Board's recommendation of the applicants' qualifications. The Secretary shall notify the Board in writing with an explanation of any deviation from the Board's recommendation. After review of the Secretary's explanation of his or her reasons for deviation, the Board shall have the opportunity to comment upon the Secretary's decision.
    Whenever the Secretary is not satisfied that substantial justice has been done in the revocation or suspension of a license or other disciplinary action, the Secretary may order re‑hearing by the same or other boards.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/7)(from Ch. 111, par. 3257)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 7. Creation of the Board; Composition and qualifications and terms of the Board. The Board shall be appointed by the Secretary and shall consist of 7 members, one of whom shall be a public member and 6 of whom shall be Professional Land Surveyors. The members shall be residents of Illinois. Each Professional Land Surveyor member shall (a) currently hold a valid Professional Land Surveyor license in Illinois and shall have held the license under this Act or its predecessor for the previous 10 year period, and (b) have not been disciplined within the last 10 year period under this Act or its predecessor. The public member shall not be licensed under this Act or any other design profession licensing Act that the Department administers.
    Members shall be appointed who reasonably represent the different geographic areas of Illinois and shall serve for 5 year terms, and until their successors are qualified and appointed. A member shall not be eligible for appointment to more than 10 years in a lifetime. Appointments to fill vacancies shall be made for the unexpired portion of the term. Board members currently appointed under this Act and in office on the effective date of this Act shall continue to hold office until their terms expire and they are replaced. All appointments shall be made on the basis of individual professional qualifications with the exception of the public member and shall not be based upon race, sex, or religious or political affiliations.
    Each member of the Board may receive compensation when attending to the work of the Board or any of its committees and for time spent in necessary travel. In addition, members shall be reimbursed for actual traveling, incidentals, and expenses necessarily incurred in carrying out their duties as members of the Board.
    The Secretary may consider the advice and recommendations of the Board on issues involving standards of professional conduct, discipline, and qualifications of the candidates and licensees under this Act.
    The Secretary shall give due consideration to a current list of candidates, as submitted by members of the land surveying profession and by affiliated organizations.
    Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.
    The Secretary may remove any member of the Board for misconduct, incompetence, neglect of duty, or for any reason prescribed by law for removal of State Officials or for not attending 2 consecutive Board meetings.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/8)(from Ch. 111, par. 3258)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 8. Powers and duties of the Board; quorum. Subject to the provisions of this Act, the Board shall exercise the following functions, powers, and duties:
        (a) Review applicant qualifications to sit for the
     examination or for licensure and shall make recommendations to the Department except for those applicant qualifications that the Board designates as routinely acceptable;
        (b) Conduct hearings regarding disciplinary actions
     and submit a written report to the Secretary as required by this Act and provide a Board member at informal conferences;
        (c) Visit universities or colleges to evaluate
     surveying curricula and submit to the Secretary a written recommendation of acceptability of the curriculum;
        (d) Submit a written recommendation to the Secretary
     concerning promulgation or amendment of rules for the administration of this Act;
        (e) The Department may at any time seek the expert
     advice and knowledge of the Board on any matter relating to the enforcement of this Act;
        (f) The Board may appoint a subcommittee to serve as
     a Complaint Committee to recommend the disposition of case files according to procedures established by rule;
        (g) Hold at least 3 regular meetings each year; and
        (h) The Board shall annually elect a Chairperson and
     a Vice Chairperson who shall be licensed Illinois Professional Land Surveyors.
    A quorum of the Board shall consist of 4 members. A quorum is required for all Board decisions.
    Subject to the provisions of this Act, the Board may exercise the following duties as deemed necessary by the Department: (i) review education and experience qualifications of applicants, including conducting oral interviews; (ii) determine eligibility as a Professional Land Surveyor or Land Surveyor‑in‑Training; and (iii) submit to the Secretary recommendations on applicant qualifications for enrollment and licensure.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/9)(from Ch. 111, par. 3259)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 9. Deviation from Board recommendations. On matters concerning qualification of individuals for licensing, definition of curriculum content and approval of surveying curriculums, standards of professional conduct and disciplinary actions, and the promulgation and amendment of the rules affecting these matters, the Secretary shall notify the Board with an explanation of any deviation from the Board's written recommendation or response. The Board shall have the opportunity to comment upon the Secretary's decision after review of the Secretary's explanation of his reasons for deviation.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/10)(from Ch. 111, par. 3260)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10. Application for original license. Every person who desires to obtain a license shall apply to the Department in writing, upon forms prepared and furnished by the Department. Each application shall contain statements made under oath, showing the applicant's education, a detailed summary of his or her land surveying experience, and verification of the applicant's land surveying experience by the applicant's supervisor who shall be a land surveyor licensed in this State or any other state or territory of the U.S. where experience is similar and who shall certify the applicant's experience, and the application shall be accompanied with the required fee. The Department may require an applicant, at the applicant's expense, to have an evaluation of the applicant's education in a foreign country by an evaluating service approved by the Department in accordance with rules prescribed by the Department.
    An applicant who graduated from a land surveying program outside the United States or its territories and whose first language is not English shall submit certification of passage of the Test of English as a Foreign Language (TOEFL) and a test of spoken English as defined by rule.
(Source: P.A. 96‑626, eff. 8‑24‑09.)

    (225 ILCS 330/10.5)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 330/11)(from Ch. 111, par. 3261)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 11. Examination; Failure or refusal to take. The Department shall authorize examinations, as recommended and approved by the Board, for licensure as Land Surveyors‑in‑Training and Professional Land Surveyors at such times and places as it may determine.
    The examination of an applicant for licensure as a Land Surveyor‑in‑Training or a Professional Land Surveyor may include written tests as defined by rule. The substance and form of the examination shall be as recommended and approved by the Board. Each applicant shall be examined as to his knowledge of the statutes of the United States of America and the State of Illinois relating to the practice of land surveying and mathematics as applied to land surveying.
    All applicants for licensing as a Professional Land Surveyor shall be required to pass, as a portion of the examination, a jurisdictional examination to determine the applicant's knowledge of the surveying tasks unique to the State of Illinois, and the laws relating thereto.
    Applicants for any examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee. If an applicant neglects, fails, or refuses to take an examination for registration under this Act within 3 years after filing his application, the application fee shall be forfeited to the Department and the application denied. However, the applicant may thereafter make a new application for examination, accompanied by the required fee.
(Source: P.A. 86‑987.)

    (225 ILCS 330/12)(from Ch. 111, par. 3262)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 12. Qualifications for licensing.
    (a) A person is qualified to receive a license as a Professional Land Surveyor and the Department shall issue a license to a person:
        (1) who has applied in writing in the required form
     to the Department;
        (2) (blank);
        (2.5) who has not violated any provision of this Act
     or its rules;
        (3) who is of good ethical character, including
     compliance with the Code of Ethics and Standards of Practice promulgated by rule pursuant to this Act, and has not committed an act or offense in any jurisdiction that would constitute grounds for discipline of a land surveyor licensed under this Act;
        (4) who has been issued a license as a Land
     Surveyor‑in‑Training;
        (5) who, subsequent to passing the examination
     authorized by the Department for licensure as a Surveyor‑In‑Training, has at least 4 years of responsible charge experience verified by a professional land surveyor in direct supervision and control of his or her activities;
        (6) who has passed an examination authorized by the
     Department to determine his or her fitness to receive a license as a Professional Land Surveyor; and
        (7) who has a baccalaureate degree in a related
     science if he or she does not have a baccalaureate degree in land surveying from an accredited college or university.
    (b) A person is qualified to receive a license as a Land Surveyor‑in‑Training and the Department shall issue a license to a person:
        (1) who has applied in writing in the required form
     provided by the Department;
        (2) (blank);
        (3) who is of good moral character;