March 22, 2004

 

THANK YOU! THANK YOU! THANK YOU!

I want to thank my wife Malinda, my children Adam, Eric, Eric’s wife Sandrine and co-worker Keith Haynes for recognizing my 30^th year with IPLSA.  I was surprised by the presentation of a watch and shocked that Malinda would speak before those attending the banquet. It is hard to believe that it has been 30 years since I was hired as a part time Lobbyist. I can truly say that I have enjoyed every minute of it.

47^th ANNUAL IPLSA CONFERENCE

Hats off to the National Trail Chapter for hosting the largest IPLSA Annual Conference ever.  We ended up with 1,090 attendees, which is 60 more that last year. The IPLSA office has received many comments on how great the conference was.  How do you think it went?

STUDENTS PLAY A VITAL ROLE IN A SUCCESSFUL CONFERENCE

28 Students from SIUC and 11 students from Parkland College played a vital role in providing staffing for the 2004 IPLSA Annual Conference.  Kory Allred, President of the IPLSA Student Chapter of the Little Egyptian Chapter headed up the scheduling of the work assignments. Students were assigned to the registration desk, scanning of session attendance, taking meal tickets and any other tasks as assigned.  Checkout the student chapter website at www.civil.engr.siu.edu/iplsa/.

IPLSA SPRING IPLSA SEMINAR

The IPLSA 2004 Spring Seminar has been scheduled in two locations.  Thursday, May 6 at the Wilton Manor in Wheaton, and Friday, May 7 at the Route 66 Hotel in Springfield. The seminar topics are Disputes Between Land Owners & Rights and Responsibilities in the Land of Others: The Effect of Easements on Surveyors’ Work.  Both topics will be presented by Wendy Lathrop, PLS.  Watch for mailing or stay tuned to this website.

LEGISLATION

The 93^rd Illinois General Assembly is in its second year. Several bills have been introduced that effects professional engineering and may someday have an effect on professional land surveyors. 

SB 2267 – Introduced by Senator Dale E. Risinger. This bill makes a technical change to the Professional Engineering Practice Act. The bill is in the Senate Rules Committee and may be dead.  IPLSA HAS TAKEN NO POSITION ON THE BILL.

SB 2289 – Introduced by Senator Larry M. Walsh.  Amends the Professional Engineers Act of 1989. Provides that nothing in the Act shall be construed to prohibit an individual from exercising their rights pursuant to the National Labor Relations Act and Labor Management Relations Act.  Provides that nothing in the Act shall be construed to prohibit any professional engineer or any professional engineering company from lawfully obtaining work, even if such work had previously been let to or performed by a competitor professional engineering company. This bill passed out of the Senate Labor Committee and is being considered by the full Senate.  IPLSA OPPOSES THE BILL.

SB 2351 – Introduced by Senator Patrick Welch. Creates the Riparian Rights Act. Establishes rights to the access and use of the water and bottomland associated with the ownership of the bank or shore of an inland lake or stream. The bill is in the Senate Rules Committee and may be dead.  IPLSA HAS TAKEN NO POSITION ON THE BILL.

SB 2435 – Introduced by Senator John O. Jones.  Amends the Professional Engineers Act of 1989. Requires each professional engineer, employee, or project representative and his or her vehicle to be clearly identified whenever he or she is on a project site.  Provides that it is a violation of the Act to hide, conceal, cover, obscure, mask, or attempt to deceive another by falling to clearly identify a professional engineer, employee, or project representative and his or her vehicle whenever he or she is on a project site.  This bill passed out of the Senate Licensed Activities Committee and is being considered by the full Senate.   IPLSA OPPOSES THE BILL.

SB 2645 – Introduced by Senator Debbie DeFrancesco-Halvorson.  Amends the Good Samaritan Act. Provides that any professional engineer, architect, civil engineer, or structural engineer who in good faith provides engineering services in response to a natural disaster or other catastrophic event shall not be liable for civil damages as a result of his or her acts or omissions in providing the engineering services, except for willful and wanton misconduct. Provides that the immunity applies to services that are provided during an emergency or within 90 days following the end of an emergency.  Provides that the time may be extended by an executive order issued by the Governor.  This bill is stuck in the Senate Rules Committee and probably will not get out in this session.  IPLSA is working with the sponsor to amend the bill to add Professional Land Surveyors.  IPLSA IS A PROPONENT OF THIS BILL.  

HB 4132 – Introduced by Representative David R. Leitch. Amends the Conveyance Act. Provides that cities, towns, villages, and counties (including within the corporate limits of any city, town, or village when a county exercises the authority therein), which are authorized by law to exercise land use control through a building or improvement permit process, shall not issue any permit for building or other improvements to be constructed on any parcel of property that is part of a subdivision of land subdivided contrary to the provisions of the Act. Passed out of committee and amended during Second Reading and sent back to the Rules Committee.  IPLSA HAS TAKEN NO POSITION ON THE BILL.

HB 5892 – Introduced by Representative Richard T. Bradley. Repeals the provision which established the design professionals dedicated employees within the Illinois Department of Professional Regulation.  Passed out of committee and is on the Hose Floor.  IPLSA OPPOSES THE BILL.

ALL OF THESE BILLS AND OTHER LEGISLATION CAN BE TRACKED AT www.legis.state.il.us or by contacting IPLSA.

NEW  LAW BOOK

It was the intention of IPLSA to publish a new Illinois Compiled Statutes law book for 2004.  There were significant changes to the Illinois Professional Land Surveyors Act of 1989, which became effective January 1, 2004.  Although the PLS Act was changed the Administrative Rules, which further regulation the PLS Act have not been revised. The IDPR Licensing Board and the staff of IDPR are working on the revisions.  As soon as the rule revisions are approved by the Joint Committee on Administrative Rules, we will be publishing a new Illinois Compiled Statutes law book. 

INTERNATIONAL LAND SERVICES INC. UPDATE  

On page 13 of the Winter 2004 issue of the Illinois Surveyor, it was reported that IDPR had ordered International Land Services Inc., of Norman, Oklahoma to cease and desist from engaging in the unlicensed practice of land surveying in Illinois. International Land Services Inc. has sought a stay of the order pending resolution of their complaint.  The parties were heard on February 19, 2004 and the court granted the motion upon the following conditions:

1. The Order is hereby stayed for the limited purpose of permitting International to purchase land surveys performed by licensed Illinois land surveyors on behalf of International’s clients who are seeking to obtain surveys on a multi-state basis, including Illinois, but not for clients seeking surveys of parcels located only in Illinois; and
2. International shall indicate on any such survey that they have not performed the survey, but rather that the survey was obtained by them from a licensed Illinois land surveyor. The Circuit Court of Sangamon County, County Department, Chancery Division will hear arguments at 1:30pm on March 17, 2004 in Springfield, Illinois.

IDPR PLS ACT ADMINISTRATIVE RULE CHANGES

The following are rule changes to the Administrative Rules of the PLS Act:

Section 1270.10 Application for Licensure as a Professional Land Surveyor. d) Verification of experience form, completed by a professional licensed land surveyor who was in direct supervision and control of his or her activities the supervisor who is a licensed land surveyor, indicating at least 4 years of responsible charge experience in land surveying as set forth in Section 1270.13

h) Applicants who receive their education in a foreign country shall have the education evaluated at their expense. Applications may shall obtain the forms from the American Association of Collegiate Registrants, 1 DuPont Circle NW, Suite 370, Washington, D.C. 20036-1110 or other entity approved by the Board to evaluate educational programs. National Council of Examiners for Engineers (NCEES), P.O. Box 1686, Clemson, South Carolina 29633-1686

Section 1270.30 Endorsement. 5) Applications may shall obtain the forms from the American Association of Collegiate Registrants, 1 DuPont Circle NW, Suite 370, Washington, D.C. 20036-1110 or other entity approved by the Board to evaluate educational programs. National Council of Examiners for Engineers (NCEES), P.O. Box 1686, Clemson, South Carolina 29633-1686

Section 1270.45 Professional Design Firm. 5) A list of all office location at which the corporation, professional service corporation, limited liability company/partnership, partnership or sole proprietorship provides land surveying services. Any professional services corporation, sole proprietorship, or professional design firm offering land surveying services must have a resident land surveyor overseeing the land surveying practices in each location in which land surveying services are provided. (Section 25(h) of the Act.  A resident professional land surveyor shall be assigned to supervise land surveying operations in only one office.   Each resident professional land surveyor shall conduct his or her daily business in his or her assigned office or field locations. A resident land surveyor is defined as an Illinois Licensed Land Surveyor who is physically present in the office supervising the professional land surveying operations a minimum of 40 hours a week or 80 percent of the hours the office is open, whichever is greater.

2004 AMERICAN CONGRESS ON SURVEYING AND MAPPING – TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS CONFERENCE AND TECHNOLOGY EXHIBITION

This year’s conference will be held April 17-21, 2004 in Nashville, Tennessee.  For information contact www.acsm.net.  

ACSM/NSPS PAC AUCTION

The 2004 ACSM/NSPS PAC Auction will be held Sunday, April 18 at 7:00pm in Nashville.  The auction is the only revenue for the PAC.  Anyone wanting to donate items for the auction should contact Susan Frank PAC Treasurer sfrank@acsm.net  240-632-9716, ext. 103.

ACSM/NSPS LOBBY DAY

It’s official! Lobby Day 2004 has been set for Wednesday, May 12 and Thursday, May 13, 2004.  This is your chance to go to Washington, D.C and get your issues heard. There will be a briefing on Wednesday evening  and then hit the Hill bright and early on Thursday.  Those interested should contact ACSM/NSPS Lobbyist Laurence Socci at laurence@theclagroup.com

ACSM JOINT GOVERNMENT AFFAIRS UPDATE

ACSM Government Affairs Committee tried to work with Real Estate Settlement Procedures Act (RESPA) to implement language into literature given to homebuyers, which would notify them of the benefits and value of having a land survey done on their property prior to settlement. Although ACSM drafted the proposed language, and met with RESPA staff regarding the proposed language, they do not seem willing to use the language.  As a result of RESPA’s inaction, ACSM recently drafted a proposed piece of legislation, which sets out the language in a way that we hope will one day become law.

BUREAU OF LAND MANAGEMENT PLAT RECORDING

IPLSA has become aware of recent cadastral surveys performed in Illinois by the Bureau of Land Management, Eastern States. Upon completion of the survey the BLM sends a “Notice of Filing of Plat of Survey, Illinois.” to the Governors office.  This notice relates to a survey executed in response to a request submitted by the U.S. Army Corps of Engineers, and has been submitted for publication to the Federal Register, National Archives and Records Administration.  Notifications of this nature are a form of judicial notice. Any individual with a vested interest is afforded the opportunity to formally protest the proposed survey.  Consequently, every effort is made to inform all members of the public who might be materially affected by the survey.  Barring any protests against the proposed survey, it will be officially filed in the BLM office 30 days from the date of the publication in the Federal Register.  Once officially filed, the duplicate copy of the plat will be transmitted to the Illinois State Archives Office of the Secretary of State, Norton Building, Springfield, Illinois 62756.  The BLM State Director for Illinois is Michael D. Nedd, U.S. Dept. of the Interior, Bureau of Land Management, Eastern States, 74450 Boston Blvd, Springfield, VA, 22153, Phone: (703) 440-1711 or go to the BLM website at www.es.blm.gov and look under cadastral.  IPLSA is working with BLM and the Governors office to have the completed plats recorded in the Recorders Office of the county in which the survey took place.

MUSEUM OF SURVEY – GROWING BEYOND OUR BOUNDARIES

The Museum of Surveying in Lansing Michigan continues to grow and needs the financial support of the land surveying community.  In the spring of 2004, the Museum of Surveying will celebrate fifteen years of growth as North America’s only surveying museum.  The capital plan will plant the seeds of further growth and preserve our chosen profession of land surveying and will give the Museum of Surveying the infrastructure it needs to become a world class museum. The plan is to raise $600,000 to add a second floor to the current building.  This will allow for an expanded exhibit space and a publicly accessible library of surveying books, maps and papers that will give the public a forum in which to explore the history of surveying.

IPLSA and all of the other state associations and societies have been asked to contribute $1.00 for each active member for a two year period.  In our case it would mean a contribution of about $2,000 over the next two years.  Chapters have been asked to discuss the contribution and it will be voted on at the May 1, 2004 IPLSA Board of Directions meeting.  Individuals are encouraged to donate to this worthy cause. Those interested should send their contributions to: Museum of Surveying, 220 South Museum of Surveying Drive, Lansing, MI 48933, Phone: 517/484-6605 or look at their website www.surveyhistory.org  Better yet plan on a personal visit with your family to this one of a kind museum.

IPLSA WELCOMES NEW STAFF MEMBER

Mr. Keith Haynes of Chatham, Illinois began working with IPLSA as a part-time Educational Coordinator January 2004.  The past Planning and Goals Committee had made the recommendation to establish the position for 2004.  The IPLSA Budget Committee concurred by adding the position in their recommendation of the 2004 budget.  The position was approved at the IPLSA Official Board of Directions meeting held December 6, 2003.  Keith worked at the City of Springfield for 27 years and recently took early retirement.  Keith served the citizens of Springfield as Zoning Administrator, Manager of Planning and Zoning Department, Manager of Building and Zoning Department and as Director of Community Services, including Economic Development, Building and Zoning, Health, Recreation Library and the Convention and Visitors Bureau.  Keith is active in his church, school and youth activities. Keith and his wife Kathy have two grown children.  Welcome aboard Keith!

Editor’s note: I hade the opportunity to work with Keith at the City of Springfield for eight years when I was Deputy Mayor of Springfield. I know Keith to be an honest hard working person with impeccable integrity.   He is dedicated to his religious beliefs, his family and his country.  He will serve the members of IPLSA with professionalism.          

ADDITIONAL STUDENT CHAPTER FORMATION UNDER CONSIDERATION

Students at Parkland College, in Champaign, Illinois and the East Central Chapter are drafting by-laws to form a second Student Chapter within IPLSA. Todd Horton, Associate Professor at Parkland College would be the Faculty Advisor.  Anyone interested in helping with either of the student chapters should contact the IPLSA office.  Watch for further developments.

THANK YOU TO THE STUDENTS FOR THEIR HELP AT THE CONFERENCE:

Southern Illinois University at Carbondale: Kory Allred, Rich Bauer, Doug Cogswell, Jeff Collins, Tim Davis, Rudy Dixon, Syndi Eller, Bill Gardner, Keith Gregory, Nick Grinder, Jake Hammond, John Hipp, Matt Hoffman, Kristy Humphrey, Tim Kinnaman, Jake McCoy, Tim McGee, Mathew D. Miller, Stacey Milner, Michael Mordini, Micah Mulvany, Jacob Oimas, Adam Pack, Brandon Reid, Jeremy Smith, Rich Sunden, Justin Temple, Joshua Walter

Parkland College: Nate Allie, Justin Carpenter, Cory Clark, Matt Crider, Jonathan Cross, Matt Grider, Eric Hewitt, Matt Porter, Antonio Sanchez, Pete Tortorice, Rod Wyckoff