SB 657

Abstract

Amends the Residential Mortgage License Act of 1987. Makes a technical change in the Section concerning the short title of the Act. Senate Floor Amendment No. 2 Deletes reference to: 205 ILCS 635/1-1 Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.40 new Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Structural Engineering Practice Act of 1989 from January 1, 2020 to January 1, 2030. Effective immediately. House Committee Amendment No. 1 Adds reference to: 225 ILCS 340/1 from Ch. 111, par. 6601 225 ILCS 340/3 from Ch. 111, par. 6603 225 ILCS 340/4 from Ch. 111, par. 6604 225 ILCS 340/4.10 new 225 ILCS 340/5 from Ch. 111, par. 6605 225 ILCS 340/5.5 new 225 ILCS 340/6 from Ch. 111, par. 6606 225 ILCS 340/7 from Ch. 111, par. 6607 225 ILCS 340/8 from Ch. 111, par. 6608 225 ILCS 340/9 from Ch. 111, par. 6609 225 ILCS 340/10 from Ch. 111, par. 6610 225 ILCS 340/11 from Ch. 111, par. 6611 225 ILCS 340/12 from Ch. 111, par. 6612 225 ILCS 340/12.5 new 225 ILCS 340/14 from Ch. 111, par. 6614 225 ILCS 340/14.5 225 ILCS 340/15 from Ch. 111, par. 6615 225 ILCS 340/15.5 new 225 ILCS 340/16 from Ch. 111, par. 6616 225 ILCS 340/17 from Ch. 111, par. 6617 225 ILCS 340/17.5 new 225 ILCS 340/19 from Ch. 111, par. 6619 225 ILCS 340/20 from Ch. 111, par. 6620 225 ILCS 340/20.5 225 ILCS 340/21 from Ch. 111, par. 6621 225 ILCS 340/22 from Ch. 111, par. 6622 225 ILCS 340/23 from Ch. 111, par. 6623 225 ILCS 340/24 from Ch. 111, par. 6624 225 ILCS 340/25 from Ch. 111, par. 6625 225 ILCS 340/26 from Ch. 111, par. 6626 225 ILCS 340/27 from Ch. 111, par. 6627 225 ILCS 340/28 from Ch. 111, par. 6628 225 ILCS 340/29 from Ch. 111, par. 6629 225 ILCS 340/30 from Ch. 111, par. 6630 225 ILCS 340/31 from Ch. 111, par. 6631 225 ILCS 340/32 from Ch. 111, par. 6632 225 ILCS 340/32.5 new 225 ILCS 340/35 from Ch. 111, par. 6635 225 ILCS 340/36 from Ch. 111, par. 6636 225 ILCS 340/4.5 rep. 225 ILCS 340/18 rep. 225 ILCS 340/33 rep. 225 ILCS 340/34 rep. Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Structural Engineering Practice Act of 1989 from January 1, 2020 to January 1, 2030. Amends the Structural Engineering Practice Act of 1989. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Add provisions concerning technical submissions; display of license; the title "Structural Engineer, Retired"; returned checks and fines; and confidentiality. Makes changes in provisions concerning powers and duties of the Department; the Structural Engineering Board; application for licensure; examination; seals; renewal, reinstatement, or restoration of license; inactive status; endorsement; professional design firm registration; grounds for disciplinary action; unlicensed practice; injunction and cease and desist orders; investigations; record of proceedings; hearings; hearing officers; restoration from disciplinary status; and administrative review. Repeals provisions concerning references to the Department or Director of Professional Regulation; rosters; certification of record; and penalties. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 225 ILCS 340/18 rep. Adds reference to: 225 ILCS 340/18 from Ch. 111, par. 6618 Replaces everything after the enacting clause with the provisions of House Amendment No. 1, and makes the following changes: Deletes language providing that a person shall also be regarded as practicing structural engineering who is engaged as a principal in the design, analysis, or supervision of the construction of structures or of the structural part of edifices designed solely for specified purposes. Provides that nothing imposes on a person licensed under the Act the responsibility for the performance of any acts or practice unless the person specifically contracts to provide it. Provides that nothing precludes an employee from acting under the direct supervision or responsible charge of a licensed structural engineer. Expands the powers and duties of the Department of Financial and Professional Regulation and the Structural Engineering Board. Provides that if technical submissions are prepared utilizing a computer or other electronic means, the seal may be generated by a computer. Provides that the licensee may provide 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. Deletes language providing that an applicant applying for licensure as a structural engineer who has been licensed as a structural engineer in another United States jurisdiction for 10 consecutive years without discipline is not required to submit proof of qualifications other than a certified verification of licensure from the jurisdiction in which the applicant practiced. Deletes language providing that the Department may take disciplinary action for directly or indirectly giving to or receiving from any person or entity any fee, commission, rebate, or other form of compensation for any professional service not actually or personally rendered. Provides that the Department may take disciplinary action for making a statement that technical submissions prepared by the structural engineer or prepared under the structural engineer's responsible 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 are not in compliance (rather than that a plan for construction or alteration of a public facility or for construction of a multi-story housing unit is in compliance with the Environmental Barriers Act when such plan is not in compliance). Makes changes to provisions concerning discipline of a licensee or registrant for failing to file a return or to pay any tax, penalty, or interest as required by any tax Act. Provides that use of the title "structural engineer" or any of its derivations is limited to those persons or entities licensed or registered under the Act. Restores language providing that if the Secretary of the Department disagrees with the report of the Board or hearing officer, he or she may issue an order in contravention thereof, and that the Secretary may (rather than shall) notify the Board of any such deviation. Makes other changes. Effective immediately. House Floor Amendment No. 3 Specifies that all meetings of the Structural Engineering Board shall be conducted in accordance with the Open Meetings Act. Removes language allowing the Structural Engineering Board to recommend employment or utilization of and the Department of Financial and Professional Regulation to employ or utilize legal services of outside counsel and investigative services of outside personnel. Provides that if any person practices as a licensed structural engineer or holds himself out as a structural engineer without being licensed under the provisions of the Act, then any licensed structural engineer, any interested party or any person injured thereby may file a complaint with the Department.