2020 -- H 7777

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LC004456

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS

     Introduced By: Representative Anastasia P. Williams

     Date Introduced: February 26, 2020

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-1-7 of the General Laws in Chapter 5-1 entitled "Architects" is

hereby amended to read as follows:

     5-1-7. Practice prohibited -- Criminal penalties -- Injunctions.

     (a) No individual shall:

     (1) Practice or offer to practice architecture in this state;

     (2) Use any title, sign, card, or device implying that the individual is an architect or is

competent to practice architecture in this state;

     (3) Use in connection with his or her name, or otherwise, any title or description conveying

or tending to convey the impression that the individual is an architect or is competent to practice

architecture in this state; or

     (4) Use or display any words, letters, figures, seals, or advertisements indicating or

implying that the individual is an architect or is competent to practice architecture in this state,

unless that individual holds a currently valid certificate of registration/authorization issued pursuant

to this chapter or is specifically exempted from holding a certificate under the provisions of this

chapter.

     (b) No sole proprietorship, partnership, limited-liability partnership, corporation, or

limited-liability company shall:

     (1) Practice or offer to practice architecture in this state;

     (2) Use any title, sign, card, or device implying that the sole proprietorship, partnership,

limited-liability partnership, corporation, or limited-liability company is competent to practice

architecture in this state;

     (3) Use in connection with its name, or otherwise, any title or description conveying or

tending to convey the impression that the entity is an architectural firm or is competent to practice

architecture in this state; or

     (4) Use or display any words, letters, figures, seals, or advertisements indicating that the

entity is an architectural firm or is competent to practice architecture in this state, unless that sole

proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company

complies with the requirements of this chapter.

     (c) Any individual, sole proprietorship, limited-liability partnership, corporation, or

limited-liability company that: (1) violates subsection (a) or (b) of this section; (2) presents or

attempts to use the certificate of registration/authorization of another; (3) gives any false or forged

evidence of any kind to the department, board, or to any member of the board in obtaining or

attempting to obtain a certificate of registration/authorization; (4) falsely impersonates any other

registrant whether of a like or different name; (5) uses or attempts to use an expired, revoked, or

nonexistent certificate of registration/authorization; (6) falsely claims to be registered under this

chapter; or (7) otherwise violates any provision of this chapter; is guilty of a misdemeanor, and

upon conviction by a court of competent jurisdiction, shall be sentenced to pay a fine of not more

than one thousand dollars ($1,000) for the first offense and a fine of not less than one thousand

dollars ($1,000) nor more than two thousand dollars ($2,000) for each subsequent offense, or

imprisonment for not more than one year, or both; and in the court's discretion and upon good cause

shown, reimburse the department for any and all fees, expenses, and costs incurred by the

department and/or board in connection with the proceedings, including attorney's fees (which

amounts shall be deposited as general revenues); and be subject to, in the director's discretion,

public censure or reprimand.

     (d) Either on his or her own initiative or on the recommendation of the board, the director

has the power to institute injunction proceedings in superior court to prevent violations of

subsection (a) or (b) or violations of § 5-1-12. In injunction proceedings, the director is not required

to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage

would result from continued violations. The superior court, in its discretion and in addition to any

injunctive relief granted to the department, may order that any person or entity in violation of this

section shall:

     (1) Upon good cause shown, reimburse the department for any and all fees, expenses, and

costs incurred by the department and/or board in connection with the proceedings, including

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attorney's fees (which amounts shall be deposited as general revenues); and/or

     (2) Be subject to public censure or reprimand; and/or

     (3) Upon good cause shown, require any person who has affixed an architecture stamp to

provide evidence that the plans were properly stamped in compliance with § 5-1-12 and chapter 1

of title 5.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS

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     This act would allow the superior court, upon good cause shown, to require any person

who affixed an architecture stamp within five (5) years, to provide evidence that the architectural

services were performed by an individual, sole proprietor, partnership, limited-liability partnership,

corporation, or limited liability company named in the "certificate" or "certificate of authorization."

     This act would take effect upon passage.

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