Full Text of HB5693 98th General Assembly
HB5693 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5693 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
| 225 ILCS 305/9 | from Ch. 111, par. 1309 | 225 ILCS 305/12 | from Ch. 111, par. 1312 | 225 ILCS 305/21 | from Ch. 111, par. 1321 |
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Amends the Illinois Architecture Practice Act of 1989. Removes a provision stating that a member's service on the Illinois Architecture Licensing Board that occurred prior to the effective date of the Act shall not be considered in determining the length of his or her consecutive years of service. Further provides that an applicant for licensure under the Act shall be required to complete certain experience requirements in addition to the examination requirements under the Act, and that he or she has one year from the date of notification of successful completion of all examination and experience requirements to apply to the Department of Financial and Professional Regulation for a license. Includes a professional land surveyor in the definition of "Illinois licensed design professional". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Architecture Practice Act of 1989 | 5 | | is amended by changing Sections 9, 12, and 21 as follows:
| 6 | | (225 ILCS 305/9) (from Ch. 111, par. 1309)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 9. Creation of the Board. The Director shall appoint | 9 | | an
Architecture Licensing Board which will consist of 6 | 10 | | members.
Five members
shall be licensed architects, one of whom | 11 | | shall be a tenured member of the
architectural faculty of an | 12 | | Illinois public university accredited by the National | 13 | | Architectural Accrediting Board. The other 4 shall be
licensed | 14 | | architects, residing in this State, who have been engaged in | 15 | | the
practice of architecture at least 10 years. In addition to | 16 | | the 5 licensed
architects, there shall be one public member. | 17 | | The public member shall be a
voting member and shall not hold a | 18 | | license as an architect, professional
engineer, structural | 19 | | engineer or land surveyor.
| 20 | | Board members shall serve 5 year terms and until their | 21 | | successors are
appointed and qualified. In making the | 22 | | designation of
persons to the Board, the Director shall give | 23 | | due consideration to
recommendations by members and |
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| 1 | | organizations of the profession.
| 2 | | The membership of the Board should reasonably reflect | 3 | | representation from
the geographic areas in this State.
| 4 | | No member shall be reappointed to the Board for a term | 5 | | which would cause
his or her continuous service on the Board to | 6 | | be longer than 10 successive
years.
Service prior to the | 7 | | effective date of this Act shall not be considered.
| 8 | | Appointments to fill vacancies shall be made in the same | 9 | | manner as
original appointments, for the unexpired portion of | 10 | | the vacated term.
Initial terms shall begin upon the effective | 11 | | date of this Act and Board
members in office on that date under | 12 | | the predecessor Act may be appointed
to specific terms as | 13 | | indicated in this Section.
| 14 | | Persons holding office as members of the Board under the | 15 | | Illinois
Architecture Act immediately prior to the effective | 16 | | date of this Act shall
continue as members of the Board under | 17 | | this Act until the expiration of the
term for which they were | 18 | | appointed and until their successors are appointed and
| 19 | | qualified.
| 20 | | Four members of the Board shall constitute a quorum. A | 21 | | quorum is required for Board
decisions.
| 22 | | The Director may remove any member of the Board for | 23 | | misconduct,
incompetence, neglect of duty, or for reasons | 24 | | prescribed by law for
removal of State officials.
| 25 | | The Director may remove a member of the Board who does not | 26 | | attend 2
consecutive meetings.
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| 1 | | Notice of proposed rulemaking shall be transmitted to the | 2 | | Board and the
Department shall review the response of the Board | 3 | | and any recommendations
made therein. The Department may, at | 4 | | any time, seek the expert advice and
knowledge of the Board on | 5 | | any matter relating to the administration or
enforcement of | 6 | | this Act.
| 7 | | Members of the Board are immune from suit in any action | 8 | | based upon
any disciplinary proceedings or other activities | 9 | | performed in good faith as
members of the Board.
| 10 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 11 | | (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 12. Examinations; subjects; failure or refusal to take
| 14 | | examination. The Department shall authorize examination of | 15 | | applicants as
architects at such times and places as it may | 16 | | determine. The examination
shall be in English and shall be | 17 | | written or written and graphic. It shall
include at a minimum | 18 | | the following subjects:
| 19 | | (a) pre-design (environmental analysis, architectural | 20 | | programming,
and application of principles of project | 21 | | management and coordination);
| 22 | | (b) site planning (site analysis, design and | 23 | | development, parking,
and application of zoning | 24 | | requirements);
| 25 | | (c) building planning (conceptual planning of |
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| 1 | | functional and space
relationships, building design, | 2 | | interior space layout, barrier-free design,
and the | 3 | | application of the life safety code requirements and | 4 | | principles of
energy efficient design);
| 5 | | (d) building technology (application of structural | 6 | | systems, building
components, and mechanical and | 7 | | electrical systems);
| 8 | | (e) general structures (identification, resolution, | 9 | | and incorporation
of structural systems and the long span | 10 | | design on the technical aspects of
the design of buildings | 11 | | and the process and construction);
| 12 | | (f) lateral forces (identification and resolution of | 13 | | the effects of
lateral forces on the technical aspects of | 14 | | the design of buildings and the
process of construction);
| 15 | | (g) mechanical and electrical systems (as applied to | 16 | | the
design of buildings, including plumbing and acoustical | 17 | | systems);
| 18 | | (h) materials and methods (as related to the design of | 19 | | buildings
and the technical aspects of construction); and
| 20 | | (i) construction documents and services (conduct of | 21 | | architectural
practice as it relates to construction | 22 | | documents, bidding, and construction
administration and | 23 | | contractual documents from beginning to end of a building
| 24 | | project).
| 25 | | It shall be the responsibility of the applicant to be | 26 | | familiar with
this Act and its rules.
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| 1 | | Examination subject matter headings and bases on which | 2 | | examinations are
graded shall be indicated in rules pertaining | 3 | | to this Act. The Department
may adopt the examinations and | 4 | | grading procedures of the National Council
of Architectural | 5 | | Registration Boards. Content of any particular
examination | 6 | | shall not be considered public record under the Freedom of
| 7 | | Information Act.
| 8 | | If an applicant neglects without an approved excuse or | 9 | | refuses to take
the next available examination offered for | 10 | | licensure under this Act, the
fee paid by the applicant shall | 11 | | be forfeited. If an applicant fails to
pass an examination for | 12 | | licensure under this Act within 3 years after
filing an | 13 | | application, the application shall be denied. The applicant
| 14 | | may, however, make a new application for examination | 15 | | accompanied
by the required fee and must furnish proof of | 16 | | meeting the qualifications
for examination in effect at the | 17 | | time of the new application.
| 18 | | An applicant shall have 5 years from the passage of the | 19 | | first examination to successfully complete all examinations | 20 | | required by rule of the Department. | 21 | | The Department may by rule prescribe additional subjects | 22 | | for examination.
| 23 | | An applicant has one year from the date of notification of
| 24 | | successful completion of all the examination and experience | 25 | | requirements to apply to the
Department for a license. If an | 26 | | applicant fails to apply within one year,
the applicant shall |
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| 1 | | be required to again take and pass the examination, unless the | 2 | | Department, upon recommendation of the Board, determines that | 3 | | there is sufficient cause for the delay that is not due to the | 4 | | fault of the applicant.
| 5 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 6 | | (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 21. Professional design firm registration; | 9 | | conditions.
| 10 | | (a) Nothing in this Act shall prohibit the formation, under | 11 | | the provisions
of the Professional Service Corporation Act, of | 12 | | a corporation to offer
the practice
of architecture.
| 13 | | Any business, including a
Professional
Service | 14 | | Corporation, that includes the practice of architecture within | 15 | | its stated purposes,
practices architecture, or holds itself | 16 | | out as available to practice
architecture shall
register with | 17 | | the Department under this Section. Any professional service
| 18 | | corporation, sole proprietorship, or professional design firm | 19 | | offering
architectural services must have a resident architect | 20 | | in responsible charge of the
architectural practices in each | 21 | | location in which architectural services are
provided who shall | 22 | | be designated as a managing agent.
| 23 | | Any sole proprietorship not owned and operated by an | 24 | | Illinois licensed design
professional licensed under this Act | 25 | | shall be prohibited from offering
architectural services to the |
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| 1 | | public. "Illinois licensed design professional"
means a person | 2 | | who holds an active license as an architect under this Act,
as | 3 | | a structural engineer under the Structural Engineering | 4 | | Practice Act of
1989, or as a professional engineer under the | 5 | | Professional Engineering
Practice Act of 1989 , or as a | 6 | | professional land surveyor under the Professional Land | 7 | | Surveyor Act of 1989 . Any sole proprietorship owned and | 8 | | operated by an
architect with an active license issued under | 9 | | this Act and conducting or
transacting such business under an | 10 | | assumed name in accordance with the
provisions of the Assumed | 11 | | Business Name Act shall comply with the registration
| 12 | | requirements of a professional design firm.
Any sole | 13 | | proprietorship owned and
operated by an
architect with an | 14 | | active license issued under this Act and conducting or
| 15 | | transacting such business under the real name of the sole | 16 | | proprietor is
exempt from the
registration requirements of a | 17 | | professional design firm.
| 18 | | (b) Any corporation, including a Professional Service
| 19 | | Corporation, partnership, limited liability company, or | 20 | | professional
design firm
seeking to be registered under this | 21 | | Section shall not be registered unless:
| 22 | | (1) two-thirds of the board of directors, in the case | 23 | | of a corporation,
or two-thirds of the general partners, in | 24 | | the case of a partnership, or
two-thirds of the members, in | 25 | | the case of a limited liability company, are
licensed under | 26 | | the laws of any State to practice architecture, |
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| 1 | | professional
engineering, land surveying, or structural | 2 | | engineering; and
| 3 | | (2) a managing agent is (A) a director in the case of a | 4 | | corporation, a general
partner in the case of a | 5 | | partnership, or a member in the case of a limited
liability | 6 | | company, and (B) holds a license under this Act.
| 7 | | Any corporation, limited liability company, professional | 8 | | service
corporation, or partnership qualifying under this | 9 | | Section and
practicing in this State shall file with the | 10 | | Department any information
concerning its officers, directors, | 11 | | members, managers, partners or
beneficial owners as the | 12 | | Department may, by rule, require.
| 13 | | (c) No business shall offer the practice or hold itself out | 14 | | as available
to offer the practice
of architecture until it is | 15 | | registered with the Department. Every entity registered as a | 16 | | professional design firm shall display its certificate of | 17 | | registration or a facsimile thereof in a conspicuous place in | 18 | | each office offering architectural services.
| 19 | | (d) Any business seeking to be registered under this
| 20 | | Section shall make application on a form provided by the | 21 | | Department and
shall provide any information requested by the | 22 | | Department, which shall
include but shall not be limited to all | 23 | | of the following:
| 24 | | (1) The name and architect's license number of at least | 25 | | one person
designated as the managing agent. In the case of | 26 | | a corporation, the corporation
shall also submit a |
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| 1 | | certified copy of the resolution by the board of
directors | 2 | | designating at least one managing agent. If a limited | 3 | | liability
company, the company shall submit a certified | 4 | | copy of either its articles of
organization or operating | 5 | | agreement designating at least one managing agent.
| 6 | | (2) The names and architect's, professional | 7 | | engineer's, structural
engineer's, or land surveyor's | 8 | | license numbers of the directors, in the
case
of a | 9 | | corporation,
the members, in the case of a limited | 10 | | liability company, or general
partners, in the case of a | 11 | | partnership.
| 12 | | (3) A list of all locations at which the professional | 13 | | design firm
provides architectural services.
| 14 | | (4) A list of all assumed names of the business. | 15 | | Nothing in this
Section shall be construed to exempt a | 16 | | business from compliance with the
requirements of the | 17 | | Assumed Business Name Act.
| 18 | | It is the responsibility of the professional design firm to
| 19 | | provide the Department notice, in writing, of any changes in | 20 | | the
information requested on the application.
| 21 | | (e) In the event a managing agent is terminated or | 22 | | terminates his or her
status
as managing agent of the | 23 | | professional design firm, the managing agent and
professional | 24 | | design firm shall notify the Department of this fact in | 25 | | writing,
by
certified mail, within 10 business days of | 26 | | termination.
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| 1 | | Thereafter, the professional design firm, if it has so | 2 | | informed the
Department, has 30 days in which to notify the | 3 | | Department of the name and
architect's license number of the | 4 | | architect who is the newly designated
managing agent. If a | 5 | | corporation, the corporation shall also submit a certified
copy | 6 | | of a resolution by the board of directors designating the new | 7 | | managing
agent. If a limited liability company, the company | 8 | | shall also submit a
certified copy of either its articles of | 9 | | organization or operating agreement
designating the new | 10 | | managing agent. The Department may, upon good cause shown,
| 11 | | extend the original 30 day period.
| 12 | | If the professional design firm has not notified the | 13 | | Department in writing,
by certified mail within the specified | 14 | | time, the registration shall be
terminated without prior | 15 | | hearing. Notification of termination shall be sent by
certified | 16 | | mail to the address of record. If the professional
design firm | 17 | | continues to operate and offer architectural services after the
| 18 | | termination, the Department may seek prosecution under | 19 | | Sections 22, 36, and 36a
of this Act for the unlicensed | 20 | | practice of architecture.
| 21 | | (f) No professional design firm shall be relieved of | 22 | | responsibility
for the conduct or acts of its agents, | 23 | | employees, or officers by reason of
its compliance with this | 24 | | Section, nor shall any individual practicing
architecture be | 25 | | relieved of the responsibility for professional services
| 26 | | performed by reason of the individual's employment or |
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| 1 | | relationship with a
professional design firm registered under | 2 | | this Section.
| 3 | | (g) Disciplinary action against a professional design firm | 4 | | registered
under this Section shall be administered in the same | 5 | | manner and on the same
grounds as disciplinary action against a | 6 | | licensed architect. All
disciplinary action taken or pending | 7 | | against a corporation or partnership
before the effective date | 8 | | of this amendatory Act of 1993 shall be continued or
remain in | 9 | | effect without the Department filing separate actions.
| 10 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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