SB125: relative to certificates for architect business organizations.

CHAPTER 310

SB 125-FN – FINAL VERSION

16May2007… 1383h

2007 SESSION

07-0137

10/01

SENATE BILL 125-FN

AN ACT relative to certificates for architect business organizations.

SPONSORS: Sen. D’Allesandro, Dist 20; Sen. Fuller Clark, Dist 24; Sen. Burling, Dist 5; Sen. Downing, Dist 22

COMMITTEE: Commerce, Labor and Consumer Protection

AMENDED ANALYSIS

This bill establishes procedures for issuance of certificates for architect business organizations, and clarifies the crime of falsely representing the performing of architectural services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16May2007… 1383h

07-0137

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to certificates for architect business organizations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

310:1 Architects; Business Organizations. Amend RSA 310-A:32, I(k) to read as follows:

(k) Application procedures for and issuance of [corporate engineering] certificates for architect business organizations.

310:2 Fees; Establishment of Late Fees. Amend RSA 310-A:33 to read as follows:

310-A:33 Fees. The board shall establish fees for examination of applicants, for licenses, for certificates of authorization, for reissuance of licenses, for renewal and reinstatement of licenses and certificates to practice under this subdivision, for late fees, and for transcribing and transferring records and other services.

310:3 New Section; Architect Business Organizations. Amend RSA 310-A by inserting after section 42 the following new section:

310-A:42-a Certificates for Business Organizations.

I. The practice of, or offer to practice, architecture for others by individual architects, licensed under this subdivision, through a business organization as officers, partners, associates, employees, or agents is permitted, subject to the provisions of this subdivision; provided that:

(a) One or more of the corporate officers of a corporation or one or more general partners or associates is designated as being responsible for the architectural activities and architectural decisions of the business organization and is a licensed architect under this subdivision.

(b) All personnel of the business organization who act in its behalf as architects are licensed under this subdivision.

(c) The business organization has been issued a certificate of authorization by the board, as provided in this section.

II. The requirements of this subdivision shall not affect a business organization or its employees in performing services for such business organization or its subsidiary or affiliated business organizations. All final drawings, specifications, plans, reports, or other architectural papers or documents involving the practice of architecture, when issued or filed for public record, shall be dated and bear the signature and seal of the architect who prepared them or under whose direct supervisory control they were prepared.

III. A business organization desiring a certificate of authorization shall file with the board an application, using a form provided by the board, listing the names and addresses of all officers and board members, general and limited partners, associates, and any individuals duly licensed to practice architecture in this state who shall be in responsible charge of the practice of architecture in this state through the business organization, and any other information required by the board. The same form, giving the same information, shall accompany the annual renewal fee. If there is a change in any of these persons during the year, such change shall be designated on the same form and filed with the board within 30 days after the effective date of such change. If all requirements of this section are met, the board shall issue a certificate of authorization to such business organization, and such business organization shall be authorized to contract for and to collect fees for furnishing architectural services.

IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners, by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of such individual’s employment by or relationship with such business organization.

V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words Architect, Architectural, or Architecture or any modification or derivative thereof in its corporate or business name or which includes the practice of architecture among the objects for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates of authorization issued under the provisions of this subdivision, a copy of which shall have been presented to the secretary of state.

VI. An architect who renders occasional, part-time, or consulting architectural services to or for a business organization may not, for the purposes of this section, be designated as being responsible for the architectural activities and decisions of such business organization.

310:4 Violations; Representation. Amend RSA 310-A:50, I, (e) to read as follows:

(e) Practice architecture or to offer, advertise or hold oneself out to the public as being in the practice of architecture in this state without a license, or to represent by verbal claim, sign, letterhead, card, or in any other way that such person performs architectural services, unless the person holds a license under this subdivision; or

310:5 Effective Date. This act shall take effect July 1, 2007.

Approved: July 13, 2007

Effective: July 1, 2007