Rep. Richard T. Bradley
Filed: 03/29/04
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1 | AMENDMENT TO HOUSE BILL 5892
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2 | AMENDMENT NO. ______. Amend House Bill 5892 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Section 2105-75 as follows:
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7 | (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
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8 | Sec. 2105-75. Design professionals designated
Dedicated
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9 | employees. There are
established within the Department certain | ||||||
10 | design professionals designated
dedicated
employees. These | ||||||
11 | employees shall be devoted
primarily
exclusively to the | ||||||
12 | administration and enforcement of the Illinois
Architecture | ||||||
13 | Practice Act, the Illinois Professional Land Surveyor Act of
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14 | 1989, the Professional Engineering Practice Act of 1989, and | ||||||
15 | the Structural
Engineering Practice Act of 1989. The design | ||||||
16 | professionals designated
dedicated
employees that the Director | ||||||
17 | shall employ, in conformity with the Personnel
Code, shall | ||||||
18 | include but not be limited to
at a minimum shall consist of one | ||||||
19 | full-time Design Licensing Manager
Coordinator ,
one full-time | ||||||
20 | Assistant Licensing Manager
Coordinator , 4 full-time licensing | ||||||
21 | clerks, one
full-time attorney, and 2 full-time investigators. | ||||||
22 | These employees shall
work primarily
exclusively in the | ||||||
23 | licensing and enforcement of the design profession
Acts set | ||||||
24 | forth in this Section and may
shall not be used , when |
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1 | available, for
for the licensing and
enforcement of any other | ||||||
2 | Act or other duties in the Department subject to the | ||||||
3 | authorization of the Department .
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4 | (Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00; 91-357, | ||||||
5 | eff. 7-29-99;
92-16, eff. 6-28-01.)".
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6 | Section 10. The Illinois Architecture Practice Act of 1989 | ||||||
7 | is amended by changing Sections 3, 4, 13, and 36 as follows:
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8 | (225 ILCS 305/3) (from Ch. 111, par. 1303)
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9 | (Section scheduled to be repealed on January 1, 2010)
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10 | Sec. 3. Application of Act. Nothing in this Act shall be
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11 | deemed or construed to prevent the practice of structural | ||||||
12 | engineering as
defined in the Structural Engineering Practice | ||||||
13 | Act of 1989, the practice
of professional engineering as | ||||||
14 | defined in the Professional Engineering
Practice Act of 1989, | ||||||
15 | or the preparation of documents used to prescribe
work to be | ||||||
16 | done inside buildings for non-loadbearing interior | ||||||
17 | construction,
furnishings, fixtures and equipment, or the | ||||||
18 | offering or preparation of
environmental analysis, feasibility | ||||||
19 | studies, programming or construction
management services by | ||||||
20 | persons other than those licensed in accordance with
this Act, | ||||||
21 | the Structural Engineering Practice Act of 1989 or
the | ||||||
22 | Professional Engineering Practice Act of 1989.
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23 | Nothing contained in this Act shall prevent the draftsmen, | ||||||
24 | students,
project representatives and other employees of those | ||||||
25 | lawfully practicing as
licensed architects under the | ||||||
26 | provisions of this Act, from acting under the
direct | ||||||
27 | supervision and control of their employers, or to prevent the
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28 | employment of project representatives for enlargement or | ||||||
29 | alteration of
buildings or any parts thereof, or prevent such | ||||||
30 | project representatives
from acting under the direct | ||||||
31 | supervision and control of the licensed
architect by whom the | ||||||
32 | construction documents including drawings and
specifications |
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1 | of any such building, enlargement or alteration were prepared.
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2 | Nothing in this Act or any other Act shall prevent a | ||||||
3 | licensed
registered
architect from practicing interior design | ||||||
4 | services. Nothing in this Act
shall be construed as requiring | ||||||
5 | the services of an interior designer for
the interior designing | ||||||
6 | of a single family residence.
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7 | The involvement of a licensed architect is not required for | ||||||
8 | the following
This Act does not apply to any of the following :
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9 | (A) The building, remodeling or repairing of any | ||||||
10 | building
or other structure outside of the corporate limits | ||||||
11 | of any city or village,
where such building or structure is | ||||||
12 | to be, or is used for
farm purposes, or for the purposes of | ||||||
13 | outbuildings or auxiliary buildings
in connection with | ||||||
14 | such farm premises.
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15 | (B) The construction, remodeling or repairing of a | ||||||
16 | detached
single family residence on a single lot.
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17 | (C) The construction, remodeling or repairing of a
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18 | two-family residence of wood frame construction on a single | ||||||
19 | lot, not more
than two stories and basement in height.
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20 | (D) Interior design services for buildings which
do not | ||||||
21 | involve life safety or structural changes.
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22 | However, when an ordinance of a unit of local government | ||||||
23 | requires the involvement of a licensed architect for any | ||||||
24 | buildings included in the preceding paragraphs (A) through (D), | ||||||
25 | the requirements of this Act shall apply. All
all buildings not | ||||||
26 | included in the preceding paragraphs (A)
through (D), including | ||||||
27 | multi-family buildings and buildings previously
exempt from | ||||||
28 | the involvement of a licensed architect under those paragraphs | ||||||
29 | but subsequently non-exempt due to a change
in occupancy or | ||||||
30 | use, are subject to the requirements of this Act. Interior
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31 | alterations which result in life safety or structural changes | ||||||
32 | of the
building are subject to the requirements of this Act.
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33 | (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 92-16, | ||||||
34 | eff.
6-28-01.)
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1 | (225 ILCS 305/4) (from Ch. 111, par. 1304)
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2 | (Section scheduled to be repealed on January 1, 2010)
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3 | Sec. 4. Definitions. In this Act:
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4 | (a) "Department" means the Department of Professional | ||||||
5 | Regulation.
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6 | (b) "Director" means the Director of Professional | ||||||
7 | Regulation.
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8 | (c) "Board" means the Illinois Architecture Licensing | ||||||
9 | Board appointed by the Director.
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10 | (d) "Public health" as related to the practice of | ||||||
11 | architecture means the state of the well-being of the body or | ||||||
12 | mind of the building user.
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13 | (e) "Public safety" as related to the practice of | ||||||
14 | architecture means the state of being reasonably free from risk | ||||||
15 | of danger, damage, or injury.
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16 | (f) "Public welfare" as related to the practice of | ||||||
17 | architecture means the well-being of the building user | ||||||
18 | resulting from the state of a physical environment that | ||||||
19 | accommodates human activity.
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20 | (Source: P.A. 86-702.)
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21 | (225 ILCS 305/13) (from Ch. 111, par. 1313)
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22 | (Section scheduled to be repealed on January 1, 2010)
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23 | Sec. 13. Qualifications of applicants. Any person who is of | ||||||
24 | good
moral character may take an examination for licensure if | ||||||
25 | he
or she
is
a graduate with a first professional degree in | ||||||
26 | architecture from a program
accredited by the National | ||||||
27 | Architectural Accrediting Board and has
completed such | ||||||
28 | diversified professional training, including academic
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29 | training, as is required by rules of the Department. Until | ||||||
30 | January 1, 2010, in
In lieu of the
requirement of graduation | ||||||
31 | with a first professional degree in architecture
from a program | ||||||
32 | accredited by the National Architectural Accrediting Board,
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1 | the Department may admit an applicant who is a graduate with a
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2 | pre-professional 4 year baccalaureate degree accepted for | ||||||
3 | direct entry into
a first professional master of architecture | ||||||
4 | degree program, and who has
completed such additional | ||||||
5 | diversified professional training, including
academic | ||||||
6 | training, as is required by rules of the Department. The
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7 | Department may adopt, as its own rules relating to diversified | ||||||
8 | professional
training, those guidelines published from time to | ||||||
9 | time by the National
Council of Architectural Registration | ||||||
10 | Boards.
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11 | Good moral character means such character as will enable a | ||||||
12 | person to
discharge the fiduciary duties of an architect to | ||||||
13 | that person's client and
to the public in a manner which | ||||||
14 | protects health, safety and welfare. Evidence
of inability to | ||||||
15 | discharge such duties may include the commission of an
offense | ||||||
16 | justifying discipline under Section 19. In addition, the
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17 | Department may take into consideration whether the applicant | ||||||
18 | has engaged in
conduct or actions that would constitute grounds | ||||||
19 | for discipline under this
Act.
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20 | (Source: P.A. 91-133, eff. 1-1-00.)
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21 | (225 ILCS 305/36) (from Ch. 111, par. 1336)
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22 | (Section scheduled to be repealed on January 1, 2010)
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23 | Sec. 36. Violations. Each of the following Acts constitutes | ||||||
24 | a
Class A misdemeanor for the first offense and a Class 4 | ||||||
25 | felony for a second
or subsequent offense:
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26 | (a) the practice, attempt to practice or offer to | ||||||
27 | practice architecture,
or the advertising or putting out of | ||||||
28 | any sign or card or other device which
might indicate to | ||||||
29 | the public that the person is entitled to practice
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30 | architecture, without a license as a licensed architect, or | ||||||
31 | registration as a
professional design firm issued by the | ||||||
32 | Department. Each day of practicing
architecture or | ||||||
33 | attempting to practice architecture, and each instance of
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1 | offering to practice architecture, without a license as a | ||||||
2 | licensed architect
or registration as a professional | ||||||
3 | design firm constitutes a separate offense;
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4 | (b) the making of any wilfully false oath or | ||||||
5 | affirmation in any matter
or proceeding where an oath or | ||||||
6 | affirmation is required by this Act;
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7 | (c) the affixing of a licensed architect's seal to any | ||||||
8 | construction
documents which have not been prepared by that | ||||||
9 | architect or under the
architect's direct supervision and | ||||||
10 | control;
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11 | (d) the violation of any provision of this Act or its | ||||||
12 | rules;
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13 | (e) using or attempting to use an expired, inactive, | ||||||
14 | suspended, or
revoked license, or the certificate or seal | ||||||
15 | of another, or impersonating
another licensee;
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16 | (f) obtaining or attempting to obtain a license or | ||||||
17 | registration by
fraud; or
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18 | (g) If any person, sole proprietorship, professional | ||||||
19 | service corporation,
limited liability company, | ||||||
20 | corporation or partnership, or other entity
practices | ||||||
21 | architecture or advertises or displays any sign or card or | ||||||
22 | other
device that might indicate to the public that the | ||||||
23 | person or entity is entitled
to practice as an architect or | ||||||
24 | use the title "architect" or any of its
derivations unless | ||||||
25 | the person or other entity holds an active license as an
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26 | architect or registration as a professional design firm in | ||||||
27 | the State; then, in
addition to any other penalty provided | ||||||
28 | by law any person or other entity who
violates this | ||||||
29 | subsection (g) shall forfeit and pay to the Design | ||||||
30 | Professionals
Administration and Investigation Fund a | ||||||
31 | civil penalty in an amount determined
by the Department of | ||||||
32 | not more than $5,000 for each offense.
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33 | An unlicensed person who has completed the education | ||||||
34 | requirements, is actively participating in the diversified |
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1 | professional training, and maintains in good standing a | ||||||
2 | training record as required for licensure by this Act may use | ||||||
3 | the title "architectural intern", but may not engage in the | ||||||
4 | practice of architecture.
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5 | (Source: P.A. 88-428.)".
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