South Carolina General Assembly
114th Session, 2001-2002

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Bill 4771


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COMMITTEE REPORT

April 17, 2002

    H. 4771

Introduced by Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley

S. Printed 4/17/02--H.

Read the first time February 20, 2002.

            

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

    To whom was referred a Bill (H. 4771) to amend Section 40-3-20, Code of Laws of South Carolina, 1976, relating to definitions used concerning the licensure and regulation of architects, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

HARRY F. CATO for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1/

    This bill is not expected to impact general fund revenue in FY 2002-03.

Explanation

    This bill would redefine architects that have been registered for at least ten years, are at least sixty-five years old, and have retired from active practice as "emeritus architects". Effective for fiscal years after 2001-02, architects renewing their licenses with the South Carolina Board of Architectural Examiners (Board) must first complete a minimum of twelve hours of continuing education (CE). This bill would exempt emeritus architects from this requirement. Emeritus architects wishing to remain licensed by the board would still have to pay the annual fee required by the board for renewal. However, emeritus architects returning to active practice would not be exempt from CE requirements. This bill would also require the board to license architects that have received their professional degrees from schools accredited by the Canadian Architectural Certification Board (CACB). Currently, applicants for licensure must generally possess a professional degree from a program accredited by the National Architectural Accrediting Board (NAAB). According to the Board, this change is technical in nature because the standards of the CACB and the NAAB are equivalent. This bill also makes technical changes to Section 40-3-290(C)(2) and (3) of the Code of Laws by replacing the phrase "Standard Building Code" with "International Building Code". Section 40-3-290 exempts certain architectural designs from state regulation. This bill would also create the "South Carolina Architecture Education and Research Fund". A portion (up to $10 per renewal) of the board's annual revenue generated from architect and architectural firm renewals would fund this new account. This change would redirect revenue from the board's operating account to this fund but would not increase or decrease the board's total revenue. If $10 from each renewal fee was redirected to this fund beginning next fiscal year, the BEA estimates that this account would generate an estimated $44,000 in FY 2002-03. Funds from this new account would be expended on various architectural research projects currently supported by the board's operating revenue. Current law requires that 10 percent of the board's annual expenditures be transferred to the general fund. Because this change reallocates expenditures but does not increase or decrease the board's total expenditures, this change is not expected to impact general fund revenue in FY 2002-03. Collectively, this bill is not expected to impact general fund revenue in FY 2002-03.

    Approved By:

    William C. Gillespie

    Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

A BILL

TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 40-3-20 of the 1976 Code is amended by adding at the end:

    "(9)    'Emeritus architect' means an architect who has been registered for ten consecutive years or longer and who is sixty-five years of age or older and who has retired from active practice."

SECTION    2.    Section 40-3-230(C)(1) of the 1976 Code is amended to read:

    "(1)    have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB). The school or program must be accredited by NAAB or CACB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an NAAB accredited degree from either accrediting body may have their educational credentials evaluated through Education Evaluation Services for Architects (EESA) by an organization approved by the board to determine if their foreign degree is equivalent to an NAAB the required professional degree in architecture. Additionally, foreign-educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements;"

SECTION    3.    Section 40-3-250 of the 1976 Code, as amended by Act 296 of 2000, is further amended to read:

    "Section 40-3-250.    (A)    An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation, which shall include continuing education requirements for individuals. The requirements, consisting of twelve continuing education hours annually, shall include at least eight continuing education hours in topics related to safeguarding health, safety, and welfare and four continuing education hours in practice-related topics. Emeritus architects are not required to meet continuing education requirements. Individuals and firms annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina.

    (B)    Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.

    (C)    If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.

    (D)    Emeritus architects who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed two years. Applicable fees also must be paid."

SECTION    4.    The 1976 Code is amended by adding:

    "Section 40-3-255.    The department, at the board's request, may allocate up to ten dollars of each renewal fee to the South Carolina Architecture Education and Research Fund, which must be established as a separate and distinct account and used exclusively for:

    (1)    advancement of education and research for the benefit of individuals and firms licensed under this chapter and for architectural interns;

    (2)    analysis and evaluation of factors which affect the architecture profession in this State; and

    (3)    dissemination of the results of the research."

SECTION    5.    Section 40-3-290(C)(2) and (3) of the 1976 Code is amended to read:

    "(2)    a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard International Building Code, regardless of area;

    (3)    a detached single-family or two-family dwelling, as defined in Group R3 of the Standard International Building Code, regardless of size, with each unit having a grade level exit and sheds, storage buildings, and garages incidental to the dwelling;"

SECTION    6.    This act takes effect upon approval by the Governor.

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