Full Text of HB5892 93rd General Assembly
HB5892 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5892
Introduced 2/6/2004, by Richard T. Bradley, Angelo Saviano SYNOPSIS AS INTRODUCED: |
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20 ILCS 2105/2105-75 rep. |
was 20 ILCS 2105/61f |
225 ILCS 305/3 |
from Ch. 111, par. 1303 |
225 ILCS 305/4 |
from Ch. 111, par. 1304 |
225 ILCS 305/13 |
from Ch. 111, par. 1313 |
225 ILCS 305/36 |
from Ch. 111, par. 1336 |
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Amends the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois by repealing provisions establishing design professionals dedicated employees within the Department. Amends the Illinois Architecture Practice Act of 1989. Provides that the involvement of a licensed architect is not required (rather than the Act does not apply) under specified circumstances. Defines "public health", "public safety", and "public welfare". Makes changes in provisions concerning the qualifications for licensure. Provides that an unlicensed person who has completed the education requirements, is actively participating in the diversified professional training, and maintains in good standing a training record as required for licensure may use the title "architectural intern", but may not engage in the practice of architecture. Makes other changes.
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A BILL FOR
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HB5892 |
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LRB093 19335 AMC 45071 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| (20 ILCS 2105/2105-75 rep.) (was 20 ILCS 2105/61f)
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| Section 5. The Department of Professional Regulation Law of | 6 |
| the
Civil Administrative Code of Illinois is amended by | 7 |
| repealing Section 2105-75. | 8 |
| Section 10. The Illinois Architecture Practice Act of 1989 | 9 |
| is amended by changing Sections 3, 4, 13, and 36 as follows:
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| (225 ILCS 305/3) (from Ch. 111, par. 1303)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Application of Act. Nothing in this Act shall be
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| deemed or construed to prevent the practice of structural | 14 |
| engineering as
defined in the Structural Engineering Practice | 15 |
| Act of 1989, the practice
of professional engineering as | 16 |
| defined in the Professional Engineering
Practice Act of 1989, | 17 |
| or the preparation of documents used to prescribe
work to be | 18 |
| done inside buildings for non-loadbearing interior | 19 |
| construction,
furnishings, fixtures and equipment, or the | 20 |
| offering or preparation of
environmental analysis, feasibility | 21 |
| studies, programming or construction
management services by | 22 |
| persons other than those licensed in accordance with
this Act, | 23 |
| the Structural Engineering Practice Act of 1989 or
the | 24 |
| Professional Engineering Practice Act of 1989.
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| Nothing contained in this Act shall prevent the draftsmen, | 26 |
| students,
project representatives and other employees of those | 27 |
| lawfully practicing as
licensed architects under the | 28 |
| provisions of this Act, from acting under the
direct | 29 |
| supervision and control of their employers, or to prevent the
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| employment of project representatives for enlargement or | 31 |
| alteration of
buildings or any parts thereof, or prevent such |
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HB5892 |
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LRB093 19335 AMC 45071 b |
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| project representatives
from acting under the direct | 2 |
| supervision and control of the licensed
architect by whom the | 3 |
| construction documents including drawings and
specifications | 4 |
| of any such building, enlargement or alteration were prepared.
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| Nothing in this Act or any other Act shall prevent a | 6 |
| licensed
registered
architect from practicing interior design | 7 |
| services. Nothing in this Act
shall be construed as requiring | 8 |
| the services of an interior designer for
the interior designing | 9 |
| of a single family residence.
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| The involvement of a licensed architect is not required for | 11 |
| the following
This Act does not apply to any of the following :
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| (A) The building, remodeling or repairing of any | 13 |
| building
or other structure outside of the corporate limits | 14 |
| of any city or village,
where such building or structure is | 15 |
| to be, or is used for
farm purposes, or for the purposes of | 16 |
| outbuildings or auxiliary buildings
in connection with | 17 |
| such farm premises.
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| (B) The construction, remodeling or repairing of a | 19 |
| detached
single family residence on a single lot.
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| (C) The construction, remodeling or repairing of a
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| two-family residence of wood frame construction on a single | 22 |
| lot, not more
than two stories and basement in height.
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| (D) Interior design services for buildings which
do not | 24 |
| involve life safety or structural changes.
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| However, when an ordinance of a unit of local government | 26 |
| requires the involvement of a licensed architect for any | 27 |
| buildings included in the preceding paragraphs (A) through (D), | 28 |
| the requirements of this Act shall apply. All
all buildings not | 29 |
| included in the preceding paragraphs (A)
through (D), including | 30 |
| multi-family buildings and buildings previously
exempt from | 31 |
| the involvement of a licensed architect under those paragraphs | 32 |
| but subsequently non-exempt due to a change
in occupancy or | 33 |
| use, are subject to the requirements of this Act. Interior
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| alterations which result in life safety or structural changes | 35 |
| of the
building are subject to the requirements of this Act.
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| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 92-16, |
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LRB093 19335 AMC 45071 b |
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| eff.
6-28-01.)
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| (225 ILCS 305/4) (from Ch. 111, par. 1304)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. In this Act:
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| (a) "Department" means the Department of Professional | 6 |
| Regulation.
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| (b) "Director" means the Director of Professional | 8 |
| Regulation.
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| (c) "Board" means the Illinois Architecture Licensing | 10 |
| Board appointed by the Director.
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| (d) "Public health" as related to the practice of | 12 |
| architecture means the state of the well-being of the body or | 13 |
| mind of the building user.
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| (e) "Public safety" as related to the practice of | 15 |
| architecture means the state of being reasonably free from risk | 16 |
| of danger, damage, or injury.
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| (f) "Public welfare" as related to the practice of | 18 |
| architecture means the well-being of the building user | 19 |
| resulting from the state of a physical environment that | 20 |
| accommodates human activity.
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| (Source: P.A. 86-702.)
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| (225 ILCS 305/13) (from Ch. 111, par. 1313)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 13. Qualifications of applicants. Any person who is of | 25 |
| good
moral character may take an examination for licensure if | 26 |
| he
or she
is
a graduate with a first professional degree in | 27 |
| architecture from a program
accredited by the National | 28 |
| Architectural Accrediting Board and has
completed such | 29 |
| diversified professional training, including academic
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| training, as is required by rules of the Department. Until | 31 |
| January 1, 2010, in
In lieu of the
requirement of graduation | 32 |
| with a first professional degree in architecture
from a program | 33 |
| accredited by the National Architectural Accrediting Board,
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| the Department may admit an applicant who is a graduate with a
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| pre-professional 4 year baccalaureate degree accepted for | 2 |
| direct entry into
a first professional master of architecture | 3 |
| degree program, and who has
completed such additional | 4 |
| diversified professional training, including
academic | 5 |
| training, as is required by rules of the Department. The
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| Department may adopt, as its own rules relating to diversified | 7 |
| professional
training, those guidelines published from time to | 8 |
| time by the National
Council of Architectural Registration | 9 |
| Boards.
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| Good moral character means such character as will enable a | 11 |
| person to
discharge the fiduciary duties of an architect to | 12 |
| that person's client and
to the public in a manner which | 13 |
| protects health, safety and welfare. Evidence
of inability to | 14 |
| discharge such duties may include the commission of an
offense | 15 |
| justifying discipline under Section 19. In addition, the
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| Department may take into consideration whether the applicant | 17 |
| has engaged in
conduct or actions that would constitute grounds | 18 |
| for discipline under this
Act.
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/36) (from Ch. 111, par. 1336)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 36. Violations. Each of the following Acts constitutes | 23 |
| a
Class A misdemeanor for the first offense and a Class 4 | 24 |
| felony for a second
or subsequent offense:
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| (a) the practice, attempt to practice or offer to | 26 |
| practice architecture,
or the advertising or putting out of | 27 |
| any sign or card or other device which
might indicate to | 28 |
| the public that the person is entitled to practice
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| architecture, without a license as a licensed architect, or | 30 |
| registration as a
professional design firm issued by the | 31 |
| Department. Each day of practicing
architecture or | 32 |
| attempting to practice architecture, and each instance of
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| offering to practice architecture, without a license as a | 34 |
| licensed architect
or registration as a professional | 35 |
| design firm constitutes a separate offense;
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| (b) the making of any wilfully false oath or | 2 |
| affirmation in any matter
or proceeding where an oath or | 3 |
| affirmation is required by this Act;
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| (c) the affixing of a licensed architect's seal to any | 5 |
| construction
documents which have not been prepared by that | 6 |
| architect or under the
architect's direct supervision and | 7 |
| control;
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| (d) the violation of any provision of this Act or its | 9 |
| rules;
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| (e) using or attempting to use an expired, inactive, | 11 |
| suspended, or
revoked license, or the certificate or seal | 12 |
| of another, or impersonating
another licensee;
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| (f) obtaining or attempting to obtain a license or | 14 |
| registration by
fraud; or
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| (g) If any person, sole proprietorship, professional | 16 |
| service corporation,
limited liability company, | 17 |
| corporation or partnership, or other entity
practices | 18 |
| architecture or advertises or displays any sign or card or | 19 |
| other
device that might indicate to the public that the | 20 |
| person or entity is entitled
to practice as an architect or | 21 |
| use the title "architect" or any of its
derivations unless | 22 |
| the person or other entity holds an active license as an
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| architect or registration as a professional design firm in | 24 |
| the State; then, in
addition to any other penalty provided | 25 |
| by law any person or other entity who
violates this | 26 |
| subsection (g) shall forfeit and pay to the Design | 27 |
| Professionals
Administration and Investigation Fund a | 28 |
| civil penalty in an amount determined
by the Department of | 29 |
| not more than $5,000 for each offense.
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| An unlicensed person who has completed the education | 31 |
| requirements, is actively participating in the diversified | 32 |
| professional training, and maintains in good standing a | 33 |
| training record as required for licensure by this Act may use | 34 |
| the title "architectural intern", but may not engage in the | 35 |
| practice of architecture.
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| (Source: P.A. 88-428.)
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