Full Text of SB3488 98th General Assembly
SB3488sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/7/2014
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| 1 | | AMENDMENT TO SENATE BILL 3488
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3488 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Architecture Practice Act of 1989 | 5 | | is amended by changing Sections 3, 8, 9, 10, 12, 14, 16, 17, | 6 | | 21, 23, and 36 and by adding Section 37.5 as follows:
| 7 | | (225 ILCS 305/3) (from Ch. 111, par. 1303)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 3. Application of Act. Nothing in this Act shall be
| 10 | | deemed or construed to prevent the practice of structural | 11 | | engineering as
defined in the Structural Engineering Practice | 12 | | Act of 1989, the practice
of professional engineering as | 13 | | defined in the Professional Engineering
Practice Act of 1989, | 14 | | or the preparation of documents used to prescribe
work to be | 15 | | done inside buildings for non-loadbearing interior | 16 | | construction,
furnishings, fixtures and equipment, or the |
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| 1 | | offering or preparation of
environmental analysis, feasibility | 2 | | studies, programming or construction
management services by | 3 | | persons other than those licensed in accordance with
this Act, | 4 | | the Structural Engineering Practice Act of 1989 or
the | 5 | | Professional Engineering Practice Act of 1989.
| 6 | | Nothing contained in this Act shall prevent the draftsmen, | 7 | | students,
project representatives and other employees of those | 8 | | lawfully practicing as
licensed architects under the | 9 | | provisions of this Act, from acting under the responsible
| 10 | | control of their employers, or to prevent the
employment of | 11 | | project representatives for enlargement or alteration of
| 12 | | buildings or any parts thereof, or prevent such project | 13 | | representatives
from acting under the responsible control of | 14 | | the licensed
architect by whom the construction documents | 15 | | including drawings and
specifications of any such building, | 16 | | enlargement or alteration were prepared.
| 17 | | Nothing in this Act or any other Act shall prevent an a | 18 | | licensed
architect from practicing interior design services. | 19 | | Nothing in this Act
shall be construed as requiring the | 20 | | services of an interior designer for
the interior designing of | 21 | | a single family residence.
| 22 | | The involvement of an a licensed architect is not required | 23 | | for the following:
| 24 | | (A) The building, remodeling or repairing of any | 25 | | building
or other structure outside of the corporate limits | 26 | | of any city or village,
where such building or structure is |
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| 1 | | to be, or is used for
farm purposes, or for the purposes of | 2 | | outbuildings or auxiliary buildings
in connection with | 3 | | such farm premises.
| 4 | | (B) The construction, remodeling or repairing of a | 5 | | detached
single family residence on a single lot.
| 6 | | (C) The construction, remodeling or repairing of a
| 7 | | two-family residence of wood frame construction on a single | 8 | | lot, not more
than two stories and basement in height.
| 9 | | (D) Interior design services for buildings which
do not | 10 | | involve life safety or structural changes.
| 11 | | However, when an ordinance of a unit of local government | 12 | | requires the involvement of an a licensed architect for any | 13 | | buildings included in the preceding paragraphs (A) through (D), | 14 | | the requirements of this Act shall apply. All buildings not | 15 | | included in the preceding paragraphs (A)
through (D), including | 16 | | multi-family buildings and buildings previously
exempt from | 17 | | the involvement of an a licensed architect under those | 18 | | paragraphs but subsequently non-exempt due to a change
in | 19 | | occupancy or use, are subject to the requirements of this Act. | 20 | | Interior
alterations which result in life safety or structural | 21 | | changes of the
building are subject to the requirements of this | 22 | | Act.
| 23 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 24 | | (225 ILCS 305/8) (from Ch. 111, par. 1308)
| 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 8. Powers and duties of the Department.
| 2 | | (1) Subject to the provisions of this Act, the Department | 3 | | shall
exercise the following functions, powers, and duties:
| 4 | | (a) conduct examinations to ascertain the | 5 | | qualifications and fitness
of applicants for licensure as | 6 | | licensed architects, and pass upon the
qualifications and | 7 | | fitness of applicants for licensure by endorsement;
| 8 | | (b) prescribe rules for a method of examination of | 9 | | candidates;
| 10 | | (c) prescribe rules defining what constitutes a | 11 | | school, college or
university, or department of a | 12 | | university, or other institution, reputable
and in good | 13 | | standing, to determine whether or not a school, college or
| 14 | | university, or department of a university, or other | 15 | | institution is
reputable and in good standing by reference | 16 | | to compliance with such
rules, and to terminate the | 17 | | approval of such school, college or university
or | 18 | | department of a university or other institution that | 19 | | refuses admittance
to applicants solely on the basis of | 20 | | race, color, creed, sex or national
origin. The Department | 21 | | may adopt, as its own rules relating to education
| 22 | | requirements, those guidelines published from time to time | 23 | | by the National
Architectural Accrediting Board;
| 24 | | (d) prescribe rules for diversified professional | 25 | | training;
| 26 | | (e) conduct oral interviews, disciplinary conferences |
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| 1 | | and formal
evidentiary hearings on proceedings to impose | 2 | | fines or to suspend, revoke,
place on probationary status, | 3 | | reprimand, and refuse to issue or restore any
license | 4 | | issued under the provisions of this Act for the reasons set | 5 | | forth
in Section 22 of this Act;
| 6 | | (f) issue licenses to those who meet the requirements | 7 | | of this Act;
| 8 | | (g) formulate and publish rules necessary or | 9 | | appropriate to carrying out
the provisions of this Act;
| 10 | | (h) maintain membership in the National Council of | 11 | | Architectural
Registration Boards and participate in | 12 | | activities of the Council by
designation of individuals for | 13 | | the various classifications of membership and
the | 14 | | appointment of delegates for attendance at regional and | 15 | | national meetings
of the Council. All costs associated with | 16 | | membership and attendance of such
delegates to any national | 17 | | meetings may be funded from the Design Professionals
| 18 | | Administration and Investigation Fund; and
| 19 | | (i) review such applicant qualifications to sit for the | 20 | | examination or for licensure that the Board designates | 21 | | pursuant to Section 10 of this Act. | 22 | | (2) Upon the issuance of any final decision or order that | 23 | | deviates from
any report or recommendation of the Board | 24 | | relating to the qualification of
applicants, discipline of | 25 | | licensees or registrants, or promulgation of rules,
the | 26 | | Secretary shall notify the Board with an explanation of the |
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| 1 | | deviation and provide a reasonable time for the Board to submit
| 2 | | comments to the Secretary regarding the final decision or | 3 | | order. The Department may at any time seek the expert
advice | 4 | | and knowledge of the Board on any matter relating to the | 5 | | enforcement of
this Act.
| 6 | | (3) The Department may in its discretion, but shall not be | 7 | | required to, employ or utilize the legal services of outside | 8 | | counsel and the investigative services of outside personnel to | 9 | | assist the Department. However, no attorney employed or used by | 10 | | the Department shall prosecute a matter or provide legal | 11 | | services to the Department or Board with respect to the same | 12 | | matter. | 13 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 14 | | (225 ILCS 305/9) (from Ch. 111, par. 1309)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 9. Creation of the Board. The Director shall appoint | 17 | | an
Architecture Licensing Board which will consist of 6 | 18 | | members.
Five members
shall be licensed architects, one of whom | 19 | | shall be a tenured member of the
architectural faculty of an | 20 | | Illinois public university accredited by the National | 21 | | Architectural Accrediting Board. The other 4 shall be
licensed | 22 | | architects, residing in this State, who have been engaged in | 23 | | the
practice of architecture at least 10 years. In addition to | 24 | | the 5 licensed
architects, there shall be one public member. | 25 | | The public member shall be a
voting member and shall not hold a |
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| 1 | | license as an architect, professional
engineer, structural | 2 | | engineer or land surveyor.
| 3 | | Board members shall serve 5 year terms and until their | 4 | | successors are
appointed and qualified. In making the | 5 | | designation of
persons to the Board, the Director shall give | 6 | | due consideration to
recommendations by members and | 7 | | organizations of the profession.
| 8 | | The membership of the Board should reasonably reflect | 9 | | representation from
the geographic areas in this State.
| 10 | | No member shall be reappointed to the Board for a term | 11 | | which would cause
his or her continuous service on the Board to | 12 | | be longer than 10 successive
years.
Service prior to the | 13 | | effective date of this Act shall not be considered.
| 14 | | Appointments to fill vacancies shall be made in the same | 15 | | manner as
original appointments, for the unexpired portion of | 16 | | the vacated term.
Initial terms shall begin upon the effective | 17 | | date of this Act and Board
members in office on that date under | 18 | | the predecessor Act may be appointed
to specific terms as | 19 | | indicated in this Section.
| 20 | | Persons holding office as members of the Board under the | 21 | | Illinois
Architecture Act immediately prior to the effective | 22 | | date of this Act shall
continue as members of the Board under | 23 | | this Act until the expiration of the
term for which they were | 24 | | appointed and until their successors are appointed and
| 25 | | qualified.
| 26 | | Four members of the Board shall constitute a quorum. A |
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| 1 | | quorum is required for Board
decisions.
| 2 | | The Director may remove any member of the Board for | 3 | | misconduct,
incompetence, neglect of duty, or for reasons | 4 | | prescribed by law for
removal of State officials.
| 5 | | The Director may remove a member of the Board who does not | 6 | | attend 2
consecutive meetings.
| 7 | | Notice of proposed rulemaking shall be transmitted to the | 8 | | Board and the
Department shall review the response of the Board | 9 | | and any recommendations
made therein. The Department may, at | 10 | | any time, seek the expert advice and
knowledge of the Board on | 11 | | any matter relating to the administration or
enforcement of | 12 | | this Act.
| 13 | | Members of the Board are immune from suit in any action | 14 | | based upon
any disciplinary proceedings or other activities | 15 | | performed in good faith as
members of the Board.
| 16 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 17 | | (225 ILCS 305/10) (from Ch. 111, par. 1310)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 10. Powers and duties of the Board.
| 20 | | (a) The Board shall hold at
least 3 regular meetings each | 21 | | year.
| 22 | | (b) The Board shall annually elect a Chairperson and a Vice | 23 | | Chairperson who
shall be licensed
architects.
| 24 | | (c) The Board, upon request by the Department, may make a | 25 | | curriculum
evaluation to determine if courses conform to the |
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| 1 | | requirements of approved
architectural programs.
| 2 | | (d) The Board shall assist the Department in conducting | 3 | | oral interviews,
disciplinary conferences and formal | 4 | | evidentiary hearings.
| 5 | | (e) The Department may, at any time, seek the expert advice | 6 | | and knowledge
of the Board on any matter relating to the | 7 | | enforcement of this Act.
| 8 | | (f) The Board may appoint a subcommittee to serve as a | 9 | | Complaint Committee
to recommend the disposition of case files | 10 | | according to procedures established
by rule in 68 Ill. Adm. | 11 | | Code 1150.95, and any amendments or changes thereto.
| 12 | | (g) The Board shall review applicant qualifications to sit | 13 | | for
the examination or for licensure and shall make | 14 | | recommendations to the
Department except for those applicant | 15 | | qualifications that the Board designates as routinely | 16 | | acceptable. The Department shall review the Board's | 17 | | recommendations on
applicant qualifications. The Secretary | 18 | | shall notify the Board
with an explanation of any deviation | 19 | | from the Board's recommendation on
applicant qualifications. | 20 | | After review of the Secretary's
explanation of his or her | 21 | | reasons for deviation, the Board shall have the
opportunity to | 22 | | comment upon the Secretary's decision.
| 23 | | (h) The Board may submit comments to the Secretary within a | 24 | | reasonable time
from
notification of any final decision or | 25 | | order from the Secretary that deviates
from any report or | 26 | | recommendation of the Board relating to the qualifications
of |
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| 1 | | applicants, unlicensed practice, discipline of licensees or | 2 | | registrants, or promulgation of
rules.
| 3 | | (i) The Board may recommend that the Department contract
| 4 | | with an individual or a corporation or other business entity to | 5 | | assist in the providing of investigative, legal, | 6 | | prosecutorial, and other services necessary to perform its
| 7 | | duties pursuant to subsection (3) of Section 8 of this Act. | 8 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 9 | | (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 12. Examinations; subjects; failure or refusal to take
| 12 | | examination. The Department shall authorize examination of | 13 | | applicants as
architects at such times and places as it may | 14 | | determine. The examination
shall be in English and shall be | 15 | | written or written and graphic. It shall
include at a minimum | 16 | | the following subjects:
| 17 | | (a) pre-design (environmental analysis, architectural | 18 | | programming,
and application of principles of project | 19 | | management and coordination);
| 20 | | (b) site planning (site analysis, design and | 21 | | development, parking,
and application of zoning | 22 | | requirements);
| 23 | | (c) building planning (conceptual planning of | 24 | | functional and space
relationships, building design, | 25 | | interior space layout, barrier-free design,
and the |
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| 1 | | application of the life safety code requirements and | 2 | | principles of
energy efficient design);
| 3 | | (d) building technology (application of structural | 4 | | systems, building
components, and mechanical and | 5 | | electrical systems);
| 6 | | (e) general structures (identification, resolution, | 7 | | and incorporation
of structural systems and the long span | 8 | | design on the technical aspects of
the design of buildings | 9 | | and the process and construction);
| 10 | | (f) lateral forces (identification and resolution of | 11 | | the effects of
lateral forces on the technical aspects of | 12 | | the design of buildings and the
process of construction);
| 13 | | (g) mechanical and electrical systems (as applied to | 14 | | the
design of buildings, including plumbing and acoustical | 15 | | systems);
| 16 | | (h) materials and methods (as related to the design of | 17 | | buildings
and the technical aspects of construction); and
| 18 | | (i) construction documents and services (conduct of | 19 | | architectural
practice as it relates to construction | 20 | | documents, bidding, and construction
administration and | 21 | | contractual documents from beginning to end of a building
| 22 | | project).
| 23 | | It shall be the responsibility of the applicant to be | 24 | | familiar with
this Act and its rules.
| 25 | | Examination subject matter headings and bases on which | 26 | | examinations are
graded shall be indicated in rules pertaining |
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| 1 | | to this Act. The Department
may adopt the examinations and | 2 | | grading procedures of the National Council
of Architectural | 3 | | Registration Boards. Content of any particular
examination | 4 | | shall not be considered public record under the Freedom of
| 5 | | Information Act.
| 6 | | If an applicant neglects without an approved excuse or | 7 | | refuses to take
the next available examination offered for | 8 | | licensure under this Act, the
fee paid by the applicant shall | 9 | | be forfeited. If an applicant fails to
pass an examination for | 10 | | licensure under this Act within 3 years after
filing an | 11 | | application, the application shall be denied. The applicant
| 12 | | may, however, make a new application for examination | 13 | | accompanied
by the required fee and must furnish proof of | 14 | | meeting the qualifications
for examination in effect at the | 15 | | time of the new application.
| 16 | | An applicant shall have 5 years from the passage of the | 17 | | first examination to successfully complete all examinations | 18 | | required by rule of the Department. | 19 | | The Department may by rule prescribe additional subjects | 20 | | for examination.
| 21 | | An applicant has one year from the date of notification of
| 22 | | successful completion of all the examination and experience | 23 | | requirements to apply to the
Department for a license. If an | 24 | | applicant fails to apply within one year,
the applicant shall | 25 | | be required to again take and pass the examination, unless the | 26 | | Department, upon recommendation of the Board, determines that |
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| 1 | | there is sufficient cause for the delay that is not due to the | 2 | | fault of the applicant.
| 3 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 4 | | (225 ILCS 305/14) (from Ch. 111, par. 1314)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 14. Display of license; Seal. Every holder of a | 7 | | license as an a
licensed architect shall display it in a | 8 | | conspicuous place in the principal
office of the architect.
| 9 | | Every licensed architect shall have a reproducible
seal, or | 10 | | facsimile,
the print of which shall contain the name of the | 11 | | architect, the license
number, and the words "Licensed | 12 | | Architect, State of Illinois". The
licensed architect shall | 13 | | affix the signature, current date, date of license
expiration | 14 | | and seal to the first sheet of any bound set or loose sheets of
| 15 | | technical submissions utilized as contract
documents between | 16 | | the parties to the contract or prepared for the
review and | 17 | | approval of any governmental or public authority having
| 18 | | jurisdiction by that licensed architect or under that licensed
| 19 | | architect's responsible control. The sheet
of technical | 20 | | submissions in which the seal is affixed shall indicate those | 21 | | documents or
parts thereof for which the seal shall apply.
The | 22 | | seal and dates may be electronically affixed. The licensee may | 23 | | provide, at his or her sole discretion, an original signature | 24 | | in the licensee's handwriting, a scanned copy of the document | 25 | | bearing an original signature, or a signature generated by a |
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| 1 | | computer. All technical submissions issued by any corporation,
| 2 | | partnership, professional service corporation, or professional | 3 | | design firm as
registered under this Act shall contain the | 4 | | corporate or assumed business name
and design firm registration | 5 | | number, in addition to any other seal
requirements as set forth | 6 | | in this Section.
| 7 | | "Responsible control" means that amount of control over and | 8 | | detailed
professional knowledge of
the content of technical | 9 | | submissions during their preparation as is ordinarily
| 10 | | exercised by architects
applying the required professional | 11 | | standard of care. Merely reviewing or
reviewing and correcting | 12 | | the
technical submissions or any portion thereof prepared by | 13 | | those not in the
regular employment of the
office where the | 14 | | architect is resident without control over the content of such
| 15 | | work throughout its
preparation does not constitute | 16 | | responsible control.
| 17 | | An architect licensed under the laws of this jurisdiction | 18 | | shall not sign and
seal technical
submissions that were not | 19 | | prepared by or under the responsible control of the
architect | 20 | | except that:
| 21 | | (1) the architect may sign and seal those portions of | 22 | | the technical
submissions that were
prepared by or under | 23 | | the responsible control of persons who hold a license
under | 24 | | this Act, and
who shall have signed and sealed the | 25 | | documents, if the architect has reviewed
in whole or in
| 26 | | part such portions and has either coordinated their |
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| 1 | | preparation or integrated
them into his or
her work;
| 2 | | (2) the architect may sign and seal portions of the | 3 | | professional work that
are not
required by this Act to be | 4 | | prepared by or under the responsible control of an
| 5 | | architect if the
architect has reviewed and adopted in | 6 | | whole or in part such portions and has
integrated them
into | 7 | | his or her work; and
| 8 | | (3) a partner or corporate officer of a professional | 9 | | design firm
registered in Illinois
who is licensed under | 10 | | the architecture licensing laws of this State, and who
has | 11 | | professional
knowledge of the content of the technical | 12 | | submissions and intends to be
responsible for the
adequacy | 13 | | of the technical submissions, may sign and seal technical | 14 | | submissions
that are prepared
by or under the responsible | 15 | | control of architects who are licensed in this
State and | 16 | | who are in
the regular employment of the professional | 17 | | design firm.
| 18 | | The architect exercising responsible control under which | 19 | | the documents or
portions of the
documents were prepared shall | 20 | | be identified on the documents or portions of the
documents by | 21 | | name and
Illinois license number.
| 22 | | Any licensed architect who signs and seals technical | 23 | | submissions not prepared
by that architect
but prepared under | 24 | | the architect's responsible control by persons not regularly
| 25 | | employed in the office
where the architect is resident shall | 26 | | maintain and make available to the board
upon request for at
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| 1 | | least 5 years following such signing and sealing, adequate and | 2 | | complete records
demonstrating the
nature and extent of the | 3 | | architect's control over and detailed professional
knowledge | 4 | | of such
technical submissions throughout their preparation.
| 5 | | (Source: P.A. 98-289, eff. 1-1-14.)
| 6 | | (225 ILCS 305/16) (from Ch. 111, par. 1316)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 16. Licenses; Renewal; Restoration; Architects in | 9 | | military
service. The expiration date and renewal period for | 10 | | each license issued
under this Act shall be set by rule. The | 11 | | holder of a license may renew
such license during the month | 12 | | preceding the expiration date thereof by
paying the required | 13 | | fee. An A licensed architect who has permitted his
license to | 14 | | expire or who has had his license on inactive status may have
| 15 | | his license restored by making application to the Department | 16 | | and filing
proof acceptable to the Department of his fitness to | 17 | | have his license
restored, including sworn evidence certifying | 18 | | to active practice in another
jurisdiction satisfactory to the | 19 | | Department, and by paying the required restoration fee.
| 20 | | If the person has not maintained an active practice in | 21 | | another
jurisdiction satisfactory to the Department, the Board | 22 | | shall determine, by
an evaluation program established by rule, | 23 | | that person's fitness to resume
active status and may require | 24 | | that person to successfully complete an examination.
| 25 | | Any person whose license has been expired for more than 3 |
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| 1 | | years may have
his license restored by making application to | 2 | | the Department and filing
proof acceptable to the Department of | 3 | | his fitness to have his license
restored, including sworn | 4 | | evidence certifying to active practice in another
| 5 | | jurisdiction, and by paying the required restoration fee.
| 6 | | However, any person whose license has expired while he has | 7 | | been engaged
(1) in federal service on active duty with the | 8 | | Army of the United States,
the United States Navy, the Marine | 9 | | Corps, the Air Force, the Coast Guard,
or the State Militia | 10 | | called into the service or training of the United
States of | 11 | | America, or (2) in training or education under the supervision | 12 | | of
the United States preliminary to induction into the military | 13 | | service, may
have his license restored or reinstated without | 14 | | paying any lapsed renewal
fees or restoration fee if within 2 | 15 | | years after termination of such
service, training or education | 16 | | other than by dishonorable discharge he
furnishes the | 17 | | Department with an affidavit to the effect that he has been
so | 18 | | engaged and that his service, training or education has been so | 19 | | terminated.
| 20 | | (Source: P.A. 86-702 .)
| 21 | | (225 ILCS 305/17) (from Ch. 111, par. 1317)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 17. Inactive status; Restoration. Any licensed | 24 | | architect, who
notifies the Department in writing on forms | 25 | | prescribed by the Department,
may elect to place his or her |
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| 1 | | license on an inactive status and shall,
subject to rules of | 2 | | the Department, be excused from payment of renewal fees
until | 3 | | he or she notifies the Department in writing of his or her | 4 | | desire to
resume active status.
| 5 | | Any licensed architect requesting restoration from | 6 | | inactive status shall
be required to pay the current renewal | 7 | | fee and shall have his or her
license restored as provided in | 8 | | Section 16 of this Act.
| 9 | | Any licensed architect whose license is in an inactive | 10 | | status shall not
practice architecture in the State of | 11 | | Illinois.
| 12 | | (Source: P.A. 86-702 .)
| 13 | | (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 21. Professional design firm registration; | 16 | | conditions.
| 17 | | (a) Nothing in this Act shall prohibit the formation, under | 18 | | the provisions
of the Professional Service Corporation Act, of | 19 | | a corporation to offer
the practice
of architecture.
| 20 | | Any business, including a
Professional
Service | 21 | | Corporation, that includes the practice of architecture within | 22 | | its stated purposes,
practices architecture, or holds itself | 23 | | out as available to practice
architecture shall
register with | 24 | | the Department under this Section. Any professional service
| 25 | | corporation, sole proprietorship, or professional design firm |
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| 1 | | offering
architectural services must have a resident architect | 2 | | in responsible charge of the
architectural practices in each | 3 | | location in which architectural services are
provided who shall | 4 | | be designated as a managing agent.
| 5 | | Any sole proprietorship not owned and operated by an | 6 | | Illinois licensed design
professional licensed under this Act | 7 | | is shall be prohibited from offering
architectural services to | 8 | | the public. "Illinois licensed design professional"
means a | 9 | | person who holds an active license as an architect under this | 10 | | Act,
as a structural engineer under the Structural Engineering | 11 | | Practice Act of
1989, or as a professional engineer under the | 12 | | Professional Engineering
Practice Act of 1989 , or as a | 13 | | professional land surveyor under the Professional Land | 14 | | Surveyor Act of 1989 . Any sole proprietorship owned and | 15 | | operated by an
architect with an active license issued under | 16 | | this Act and conducting or
transacting such business under an | 17 | | assumed name in accordance with the
provisions of the Assumed | 18 | | Business Name Act shall comply with the registration
| 19 | | requirements of a professional design firm.
Any sole | 20 | | proprietorship owned and
operated by an
architect with an | 21 | | active license issued under this Act and conducting or
| 22 | | transacting such business under the real name of the sole | 23 | | proprietor is
exempt from the
registration requirements of a | 24 | | professional design firm.
| 25 | | (b) Any corporation, including a Professional Service
| 26 | | Corporation, partnership, limited liability company, or |
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| 1 | | professional
design firm
seeking to be registered under this | 2 | | Section shall not be registered unless:
| 3 | | (1) two-thirds of the board of directors, in the case | 4 | | of a corporation,
or two-thirds of the general partners, in | 5 | | the case of a partnership, or
two-thirds of the members, in | 6 | | the case of a limited liability company, are
licensed under | 7 | | the laws of any State to practice architecture, | 8 | | professional
engineering, land surveying, or structural | 9 | | engineering; and
| 10 | | (2) a managing agent is (A) a director in the case of a | 11 | | corporation, a general
partner in the case of a | 12 | | partnership, or a member in the case of a limited
liability | 13 | | company, and (B) holds a license under this Act.
| 14 | | Any corporation, limited liability company, professional | 15 | | service
corporation, or partnership qualifying under this | 16 | | Section and
practicing in this State shall file with the | 17 | | Department any information
concerning its officers, directors, | 18 | | members, managers, partners or
beneficial owners as the | 19 | | Department may, by rule, require.
| 20 | | (c) No business shall offer the practice or hold itself out | 21 | | as available
to offer the practice
of architecture until it is | 22 | | registered with the Department as a professional design firm . | 23 | | Every entity registered as a professional design firm shall | 24 | | display its certificate of registration or a facsimile thereof | 25 | | in a conspicuous place in each office offering architectural | 26 | | services.
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| 1 | | (d) Any business seeking to be registered under this
| 2 | | Section shall make application on a form provided by the | 3 | | Department and
shall provide any information requested by the | 4 | | Department, which shall
include but shall not be limited to all | 5 | | of the following:
| 6 | | (1) The name and architect's license number of at least | 7 | | one person
designated as a the managing agent. In the case | 8 | | of a corporation, the corporation
shall also submit a | 9 | | certified copy of the resolution by the board of
directors | 10 | | designating at least one managing agent. If a limited | 11 | | liability
company, the company shall submit a certified | 12 | | copy of either its articles of
organization or operating | 13 | | agreement designating at least one managing agent.
| 14 | | (2) The names and architect's, professional | 15 | | engineer's, structural
engineer's, or land surveyor's | 16 | | license numbers of the directors, in the
case
of a | 17 | | corporation,
the members, in the case of a limited | 18 | | liability company, or general
partners, in the case of a | 19 | | partnership.
| 20 | | (3) A list of all locations at which the professional | 21 | | design firm
provides architectural services.
| 22 | | (4) A list of all assumed names of the business. | 23 | | Nothing in this
Section shall be construed to exempt a | 24 | | business from compliance with the
requirements of the | 25 | | Assumed Business Name Act.
| 26 | | It is the responsibility of the professional design firm to
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| 1 | | provide the Department notice, in writing, of any changes in | 2 | | the
information requested on the application.
| 3 | | (e) In the event a managing agent is terminated or | 4 | | terminates his or her
status
as managing agent of the | 5 | | professional design firm, the managing agent and
professional | 6 | | design firm shall notify the Department of this fact in | 7 | | writing,
by
certified mail, within 10 business days of | 8 | | termination.
| 9 | | Thereafter, the professional design firm, if it has so | 10 | | informed the
Department, has 30 days in which to notify the | 11 | | Department of the name and
architect's license number of the | 12 | | architect who is the newly designated
managing agent. If a | 13 | | corporation, the corporation shall also submit a certified
copy | 14 | | of a resolution by the board of directors designating the new | 15 | | managing
agent. If a limited liability company, the company | 16 | | shall also submit a
certified copy of either its articles of | 17 | | organization or operating agreement
designating the new | 18 | | managing agent. The Department may, upon good cause shown,
| 19 | | extend the original 30 day period.
| 20 | | If the professional design firm has not notified the | 21 | | Department in writing,
by certified mail within the specified | 22 | | time, the registration shall be
terminated without prior | 23 | | hearing. Notification of termination shall be sent by
certified | 24 | | mail to the address of record. If the professional
design firm | 25 | | continues to operate and offer architectural services after the
| 26 | | termination, the Department may seek prosecution under |
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| 1 | | Sections 22, 36, and 36a
of this Act for the unlicensed | 2 | | practice of architecture.
| 3 | | (f) No professional design firm shall be relieved of | 4 | | responsibility
for the conduct or acts of its agents, | 5 | | employees, or officers by reason of
its compliance with this | 6 | | Section, nor shall any individual practicing
architecture be | 7 | | relieved of the responsibility for professional services
| 8 | | performed by reason of the individual's employment or | 9 | | relationship with a
professional design firm registered under | 10 | | this Section.
| 11 | | (g) Disciplinary action against a professional design firm | 12 | | registered
under this Section shall be administered in the same | 13 | | manner and on the same
grounds as disciplinary action against a | 14 | | licensed architect. All
disciplinary action taken or pending | 15 | | against a corporation or partnership
before the effective date | 16 | | of this amendatory Act of 1993 shall be continued or
remain in | 17 | | effect without the Department filing separate actions.
| 18 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 19 | | (225 ILCS 305/23) (from Ch. 111, par. 1323)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 23. Violations; Injunction; Cease and desist order.
| 22 | | (a) If any person
or entity violates a provision of this | 23 | | Act, the Director may, in the
name of the People of the State | 24 | | of Illinois, through the Attorney General
of the State of | 25 | | Illinois, petition for an order enjoining such violation
or for |
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| 1 | | an order enforcing compliance with this Act. Upon the filing of | 2 | | a
verified petition in such court, the court may issue a | 3 | | temporary
restraining order, without notice or bond, and may | 4 | | preliminarily and
permanently enjoin such violation. If it is | 5 | | established that such
person or entity has violated or is | 6 | | violating the injunction, the Court may
punish the offender for | 7 | | contempt of court. Proceedings under this Section are
in | 8 | | addition to, and not in lieu of, all other remedies and | 9 | | penalties
provided by this Act.
| 10 | | (b) If any person or entity practices as an architect or | 11 | | holds himself
out as an architect or professional design firm | 12 | | without being licensed or
registered under the provisions of | 13 | | this Act, then any licensed architect, any
interested party or | 14 | | any person injured thereby may, in addition to the
Director, | 15 | | petition for relief as provided in subsection (a) of this | 16 | | Section.
| 17 | | (c) Whenever in the opinion of the Department any person or | 18 | | entity
violates any provision of this Act, the Department may | 19 | | issue a rule to show
cause why an order to cease and desist | 20 | | should not be entered against him. The
rule shall clearly set | 21 | | forth the grounds relied upon by the Department and
shall | 22 | | provide a period of 7 days from the date of the rule to file an | 23 | | answer to
the satisfaction of the Department. Failure to answer | 24 | | to the satisfaction of
the Department shall cause an order to | 25 | | cease and desist to be issued
immediately.
| 26 | | (Source: P.A. 88-428 .)
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| 1 | | (225 ILCS 305/36) (from Ch. 111, par. 1336)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 36. Violations. Each of the following Acts constitutes | 4 | | a
Class A misdemeanor for the first offense and a Class 4 | 5 | | felony for a second
or subsequent offense:
| 6 | | (a) the practice, attempt to practice or offer to | 7 | | practice architecture,
or the advertising or putting out of | 8 | | any sign or card or other device which
might indicate to | 9 | | the public that the person is entitled to practice
| 10 | | architecture, without a license as an a licensed architect, | 11 | | or registration as a
professional design firm issued by the | 12 | | Department. Each day of practicing
architecture or | 13 | | attempting to practice architecture, and each instance of
| 14 | | offering to practice architecture, without a license as an | 15 | | a licensed architect
or registration as a professional | 16 | | design firm constitutes a separate offense;
| 17 | | (b) the making of any wilfully false oath or | 18 | | affirmation in any matter
or proceeding where an oath or | 19 | | affirmation is required by this Act;
| 20 | | (c) the affixing of an a licensed architect's seal to | 21 | | any technical submissions which have not been prepared by | 22 | | that architect or under the
architect's responsible | 23 | | control;
| 24 | | (d) the violation of any provision of this Act or its | 25 | | rules;
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| 1 | | (e) using or attempting to use an expired, inactive, | 2 | | suspended, or
revoked license, or the certificate or seal | 3 | | of another, or impersonating
another licensee;
| 4 | | (f) obtaining or attempting to obtain a license or | 5 | | registration by
fraud; or
| 6 | | (g) If any person, sole proprietorship, professional | 7 | | service corporation,
limited liability company, | 8 | | corporation or partnership, or other entity
practices | 9 | | architecture or advertises or displays any sign or card or | 10 | | other
device that might indicate to the public that the | 11 | | person or entity is entitled
to practice as an architect or | 12 | | use the title "architect" or any of its
derivations unless | 13 | | the person or other entity holds an active license as an
| 14 | | architect or registration as a professional design firm in | 15 | | the State; then, in
addition to any other penalty provided | 16 | | by law any person or other entity who
violates this | 17 | | subsection (g) shall forfeit and pay to the Design | 18 | | Professionals
Administration and Investigation Fund a | 19 | | civil penalty in an amount determined
by the Department of | 20 | | not more than $10,000 for each offense.
| 21 | | An unlicensed person who has completed the education | 22 | | requirements, is actively participating in the diversified | 23 | | professional training, and maintains in good standing a | 24 | | training record as required for licensure by this Act may use | 25 | | the title "architectural intern", but may not independently | 26 | | engage in the practice of architecture.
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| 1 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 2 | | (225 ILCS 305/37.5 new) | 3 | | Sec. 37.5. Confidentiality. All information collected by | 4 | | the Department in the course of an examination or investigation | 5 | | of a licensee or applicant, including, but not limited to, any | 6 | | complaint against a licensee filed with the Department and | 7 | | information collected to investigate any such complaint, shall | 8 | | be maintained for the confidential use of the Department and | 9 | | shall not be disclosed. The Department may not disclose the | 10 | | information to anyone other than law enforcement officials, | 11 | | other regulatory agencies that have an appropriate regulatory | 12 | | interest as determined by the Secretary, or a party presenting | 13 | | a lawful subpoena to the Department. Information and documents | 14 | | disclosed to a federal, State, county, or local law enforcement | 15 | | agency shall not be disclosed by the agency for any purpose to | 16 | | any other agency or person. A formal complaint filed against a | 17 | | licensee by the Department or any order issued by the | 18 | | Department against a licensee or applicant shall be a public | 19 | | record, except as otherwise prohibited by law.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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