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H0538...........................................................by BUSINESS LANDSCAPE ARCHITECTS - Amends existing law relating to landscape architects to revise licensure qualifications; to revise examination provisions; to increase examination and license fees; and to provide that the Board of Landscape Architects may recover the actual costs associated with an applicant's review of a failed examination. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Bus 02/24 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 59-7-4 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- Barrett, Crow, Harwood, McKague, Moyle, Sali, Wood Absent and excused -- Black, Lake, Shirley, Mr. Speaker Floor Sponsor - Miller Title apvd - to Senate 03/06 Senate intro - 1st rdg - to Com/HuRes 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 31-1-3 AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- Brandt Absent and excused -- Burtenshaw, Pearce, Sweet Floor Sponsor - Compton Title apvd - to House 03/15 To enrol 03/16 Rpt enrol - Sp signed 03/17 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 128 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 538 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO LANDSCAPE ARCHITECTS; AMENDING SECTION 54-3003, IDAHO CODE, TO 3 REVISE LICENSURE QUALIFICATIONS, TO REVISE EXAMINATION PROVISIONS, TO 4 INCREASE EXAMINATION AND LICENSE FEES, TO PROVIDE THAT THE BOARD MAY 5 RECOVER THE ACTUAL COSTS ASSOCIATED WITH AN APPLICANT'S REVIEW OF A FAILED 6 EXAMINATION AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-3003, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD -- LICENSES -- FEES -- 11 ENDORSEMENT -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS -- 12 RESTRICTION ON USE OF NAME -- SEAL. (1) Application and practice. In order to 13 safeguard human health and property, and to promote the public welfare, any 14 person in either public or private capacity practicing or offering to practice 15 landscape architecture, shall be required to submit evidence of qualifications 16 to practice and shall be issued a license under the provisions of this chap- 17 ter. 18 (2) Qualifications. For licensure as a landscape architect, evidence must 19 be submitted to the board that the applicant: 20 (a) Is eighteen (18) years of age or older; 21 (b) Has, before admission to the examination,graduated from a college or 22 school of landscape architecture approved by the board. In lieu of gradua- 23 tion from an approved college or school of landscape architecture,and the24practical experience in addition thereto,an applicant maybe admitted to25the examination upon presentingpresent evidence of at least eight (8) 26 years of actual, practical experience in landscape architecture of a grade 27 and character satisfactory to the board, as established by rule, that the 28 applicant is competent to practice landscape architecture; and 29 (c) Has successfully passed an examination approved by the board. 30 (3) Examinations.Examinations for the license shall be held by the board31at least once each year, provided that applications shall have been received32during the time announced.The board shall adopt rules covering the subjects 33 and scope of the examinations.at the times designated.Every applicant for 34 license as a landscape architect shall be required, in addition to all other 35 requirements, to establish by written examination his competency to plan, 36 design, specify and supervise the installation and construction of landscape 37 architectural projects. Each written examination may be supplemented by such 38 oral examinations as the board may determine. 39 (4) The board. 40 (a) There is hereby created in the department of self-governing agencies 41 an Idaho state board of landscape architects. The board shall consist of 42 three (3) landscape architects. Members of the board shall be appointed by 43 the governor and must be residents of this state, have the qualifications 2 1 of landscape architects required by this chapter, and after the initial 2 board is organized be licensed hereunder. The terms of the members of the 3 board shall be for four (4) years. Each member shall hold office until the 4 appointment and qualification of his successor. Vacancies occurring prior 5 to the expiration of the term shall be filled by appointment in like man- 6 ner for the unexpired term. 7 (b) The board shall have, in addition to the powers set forth elsewhere 8 in this chapter, the following powers and duties: 9 (i) To authorize, by written agreement, the bureau of occupational 10 licenses to act as agent in its interest, and to make such rules as 11 shall be necessary in the performance of its duties; 12 (ii) To adopt rules of professional responsibility; 13 (iii) To adopt rules requiring the completion of continuing education 14 by each licensee on an annual basis; 15 (iv) The board, or its duly appointed hearing officer, shall have 16 the power in any disciplinary proceeding against a licensee under 17 this chapter, to administer oaths, take depositions of witnesses 18 within or outside of the state in the manner provided by law in civil 19 cases, and to apply to any district court of this state for a sub- 20 poena to require the attendance of such witnesses and the production 21 of such books, records and papers as the board deems necessary in a 22 disciplinary proceeding against a licensee. The fees and mileage of 23 the witnesses shall be the same as that allowed in the district 24 courts in criminal cases, which fees and mileage shall be paid in the 25 same manner as other board expenses. In any case of disobedience to, 26 or neglect of, any subpoena or subpoena duces tecum served upon any 27 person, or refusal of any witness to testify to any matter about 28 which he may lawfully be interrogated, it shall be the duty of any 29 district court in this state on application by the board to compel 30 compliance with the subpoena by conducting proceedings for contempt, 31 as in the case of disobedience of the requirements of a subpoena 32 issued from such court or for refusal to testify therein. The 33 licensed person accused in such proceedings shall have the same right 34 of subpoena. 35 (c) The board shall elect, at its first meeting of every calendar year, a 36 chairman from its members. In carrying out the provisions of this chapter, 37 all members of the board shall be compensated as provided by section 38 59-509(m), Idaho Code. Payment of travel and other expenses shall be made 39 from the occupational licenses fund. 40 (5) Renewal and reinstatement -- Revenue.-- renewal and reinstatement.41 (a) All licenses issued under the provisions of this chapter shall be 42 subject to annual renewal and shall expire unless renewed in the manner 43 prescribed by the board regarding applications for renewal, continuing 44 education, and fees. License renewal and reinstatement shall be in accor- 45 dance with section 67-2614, Idaho Code. 46 (b) Amounts. The amount of fees shall be as determined by the board 47 within the following stated limits: 48 (i) The application fee not to exceed one hundred dollars ($100). 49 (ii) The fee for examination to be established by board rule not to 50 exceed that charged by the council of landscape architectural regis- 51 tration board plus atwenty-fivefifty dollar ($250.00) processing 52 fee. The board may recover the actual costs associated with an 53 applicant's review of a failed examination. 54 (iii) The fee for an original license and the annual license fee not 55 to exceedonetwo hundredtwenty-fivedollars ($125200). 3 1 (c) Refund. Fees shall be nonrefundable. 2 (d) Deposit. All fees received under the provisions of this chapter shall 3 be deposited in the state treasury to the credit of the occupational 4 licenses fund and all costs and expenses incurred by the board under the 5 provisions of this chapter shall be a charge against and paid from said 6 fund for such purposes, and the funds collected hereunder shall be immedi- 7 ately available for the administration of this chapter, the provisions of 8 any other law notwithstanding. In no instance will the occupational 9 licenses fund be obligated to pay any claims that in aggregate with claims 10 already paid exceed the income to the occupational licenses fund which has 11 been derived by the application of this chapter. 12 (e) Appropriation. The money paid into the occupational licenses fund is 13 continuously appropriated to the board for expenditure in the manner pre- 14 scribed herein to defray the expenses of the board and in carrying out and 15 enforcing the provisions of this chapter. 16 (6) Endorsement provisions. The board may approve for licensure: 17 (a) An individual with a current council of landscape architecture regis- 18 tration board (CLARB) certification; or 19 (b) With limited examination an applicant who is legally registered or 20 licensed as a landscape architect in any other state or country whose 21 requirements for registration or licensure are at least substantially 22 equivalent to the requirements of this state. 23 (7) Exemptions. 24 (a) None of the provisions of this chapter shall prevent employees of 25 those lawfully practicing as landscape architects from acting under the 26 instruction, control or supervision of their employers. 27 (b) None of the provisions of this chapter shall apply to the business 28 conducted in this state by any land use planner, horticulturist, nursery- 29 man, or landscape nurseryman, gardener, landscape gardener, landscape 30 designer, or landscape contractor, as these terms are generally used, or 31 any other person, including, but not limited to, their right to plan and 32 supervise in connection therewith, except that no such person shall use 33 the designation "landscape architect," "landscape architecture," or any 34 description tending to convey the impression that they are a licensed 35 landscape architect unless they are registered as provided in this chap- 36 ter. 37 (c) This chapter shall not apply to architects, professional engineers, 38 geologists, and land surveyors, licensed to practice their respective pro- 39 fessions. 40 (8) This chapter applies to individuals only. 41 (a) All licenses shall be issued to individuals only but nothing con- 42 tained in this chapter shall prevent a duly licensed landscape architect 43 from rendering professional services for a corporation, firm, partnership 44 or association. 45 (b) Partners. Each partner in a partnership of landscape architects shall 46 be licensed to practice landscape architecture or to provide allied pro- 47 fessional services as defined in section 30-1303, Idaho Code. Subject to 48 this requirement, a partnership of landscape architects may use a partner- 49 ship name if such name consists of: 50 (i) The names of two (2) or more landscape architects. 51 (ii) The names of one (1) or more landscape architects and one (1) 52 or more professional engineers or architects. 53 (c) Any person applying to the official of any county or city for a busi- 54 ness license to practice landscape architecture shall at the time of such 55 application exhibit to such official satisfactory evidence that such 4 1 applicant possesses a current Idaho license. The business license shall 2 not be granted until such evidence is presented, any contrary provision of 3 any special act or general act notwithstanding. 4 (9) Qualifications for practice -- Seal: 5 (a) No person shall use the designation "landscape architect" or 6 "landscape architecture" or advertise any title or description tending to 7 convey the impression that the person is a landscape architect, or prac- 8 ticing landscape architecture, unless such person is a licensed landscape 9 architect. Every holder of a license shall display it in the principal 10 office, place of business or place of employment. 11 (b) Every landscape architect shall have a seal approved by the board, 12 which shall contain the name of the landscape architect and the words 13 "Licensed Landscape Architect, State of Idaho," and such other words or 14 figures as the board may deem necessary and prescribe. 15 (i) The seal may be a rubber stamp or an electronically applied 16 seal. Whenever the seal is applied, the licensee's written signature 17 and the date shall be adjacent to or across the seal. The seal, sig- 18 nature and date shall be placed on all final reports, drawings and 19 title pages of specifications, design information and calculations. 20 Whenever presented to a client or to the public, such documents that 21 are not final and do not contain a seal, signature and date, shall be 22 clearly marked as "preliminary," "draft," "not for construction" or 23 similar words to distinguish the documents from a finished product. 24 (ii) The application of the licensee's seal, signature and the date 25 shall constitute certification that the work thereon was prepared by 26 such landscape architect or under the supervision of such landscape 27 architect. Each plan or drawing sheet shall be sealed and signed by 28 the licensee or the licensee's agent responsible for each sheet. The 29 principal landscape architect in charge shall sign and seal the title 30 or first sheet. Copies of electronically produced documents listed in 31 paragraph (b)(i) of this subsection that are distributed for informa- 32 tional use, such as for bidding purposes or working copies, may be 33 issued with the licensee's seal and a notice that the original docu- 34 ment is on file with the licensee's signature and date. The words 35 "original signed by:" and "date signed:" shall be placed adjacent to 36 or across the seal of the electronic original. The storage location 37 of the original documents shall also be provided. Only the title page 38 of reports, specifications and like documents need bear the seal and 39 signature of the licensee and the date. 40 (iii) Nothing contained herein shall be construed to permit a land- 41 scape architect to practice as a licensed architect, a licensed pro- 42 fessional engineer or a licensed land surveyor as these professions 43 are defined by Idaho Code; provided however, nothing contained herein 44 shall be construed to prevent a landscape architect from practicing 45 landscape architecture.
STATEMENT OF PURPOSE RS 15328 Amend section 54-3003, Idaho Code, to change the examination procedures and times to provide coordination with the national examination utilized by the Board and to increase the processing fee for examination to reflect actual cost and increase the cap for original license/annual renewal fees. Increasing the cap would enable the Board to promulgate rules to increase fees in the future if the budget falls into a deficit position. FISCAL NOTE There is no fiscal impact on general funds. There will be a benefit to the dedicated funding this boards budget is based upon. With this change the Board will recover the costs of administration of the exam from the examinees. The benefit is estimated to be approximately $700.00 per year. CONTACT Name: Rayola Jacobsen Agency: Occupational License, Bureau Phone: 334-3233 STATEMENT OF PURPOSE/FISCAL NOTE H 538