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H0331......................................................by STATE AFFAIRS
LANDSCAPE ARCHITECTS - Amends existing law relating to landscape
architecture to define terms; to revise qualifications for licensure; to
revise board membership terms; to revise board powers and duties; to revise
renewal and reinstatement provisions; to revise endorsement provisions; to
revise exemptions; to revise applicability; to provide for application of
seals for certification; to revise grounds for discipline; to provide for
appeals; and to revise violations and penalties.
03/05 House intro - 1st rdg - to printing
03/06 Rpt prt - to Bus
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 67-3-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Kulczyk, Langford, Sali
Absent and excused -- None
Floor Sponsor - Cannon
Title apvd - to Senate
03/19 Senate intro - 1st rdg - to Com/HuRes
03/21 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 20-12-3
AYES -- Andreason, Burkett, Compton, Davis, Gannon, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Malepeai, Marley, McWilliams, Noh,
Richardson, Schroeder, Stegner, Stennett, Werk
NAYS -- Bailey, Brandt, Burtenshaw, Cameron, Darrington, Geddes,
Lodge, McKenzie, Noble, Pearce, Sweet, Williams
Absent and excused -- Bunderson, Calabretta, Sorensen
Floor Sponsor - Goedde
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/31 Pres signed
04/01 To Governor
04/04 Governor signed
Session Law Chapter 225
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 331
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LANDSCAPE ARCHITECTS; AMENDING SECTION 54-3002, IDAHO CODE, TO
3 DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3003,
4 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE QUALIFICATIONS FOR
5 LICENSURE, TO REVISE BOARD MEMBERSHIP TERMS, TO REVISE BOARD POWERS AND
6 DUTIES, TO REVISE RENEWAL AND REINSTATEMENT PROVISIONS, TO REVISE ENDORSE-
7 MENT PROVISIONS, TO REVISE EXEMPTIONS TO INCLUDE LAND USE PLANNERS, TO
8 MAKE GRAMMATICAL CHANGES, TO REVISE APPLICABILITY FOR INDIVIDUALS, TO PRO-
9 VIDE FOR APPLICATION OF SEALS FOR CERTIFICATION, TO CLARIFY APPLICATION
10 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-3004, IDAHO CODE,
11 TO REVISE GROUNDS FOR DISCIPLINE, TO PROVIDE FOR THE APPEAL OF ANY BOARD
12 ORDER, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;
13 AND AMENDING SECTION 54-3005, IDAHO CODE, TO REVISE VIOLATIONS AND PENAL-
14 TIES, TO PROVIDE CORRECT TERMINOLOGY, TO MAKE TECHNICAL CORRECTIONS AND TO
15 CORRECT A CODIFIER'S ERROR.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 54-3002, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-3002. DEFINITIONS. (a) As used in this act, chapter:
20 (1) "lLandscape architect" means a person who holds a certificate license
21 to practice landscape architecture in the state of Idaho under the authority
22 of this act chapter.
23 (b2) "Landscape architecture" means the performance of professional ser-
24 vices such as consultations, investigation, reconnaissance, research, plan-
25 ning, design or responsible supervision in connection with the development of
26 land and incidental water areas where, and to the extent that the dominant
27 purpose of such services is the preservation, enhancement or determination of
28 proper land uses, natural land features, ground cover and planting,
29 naturalistic and aesthetic values, approaches to buildings, structures, facil-
30 ities or other improvements, natural drainage and the consideration and deter-
31 mination of inherent problems of the land relating to erosion, wear and tear,
32 light or other hazards, but shall not include the application of geological
33 principles. This practice shall include the location, design and arrangement
34 of such tangible objects as pools, walls, steps, trellises, canopies, and fea-
35 tures as are incidental and necessary to the purposes outlined herein, but
36 shall not include the design of structures or facilities with separate and
37 self-contained purposes for habitation or industry, such as are ordinarily
38 included in the practice of engineering or architecture; and shall not include
39 the making of cadastral surveys or final land plats for official recording or
40 approval. It involves the design and arrangement of land forms and the devel-
41 opment of outdoor space including, but not limited to, the design of public
42 parks, playgrounds, cemeteries, home and school grounds, and the development
43 of industrial and recreational sites.
2
1 (c3) "Board" means the Idaho state board of landscape architects.
2 (d4) "Department" means the department of self-governing agencies of the
3 state of Idaho.
4 (5) "Landscape architect-in-training" means a person who has met the
5 qualifications of section 54-3003(2), Idaho Code, and is working under the
6 supervision of a licensed landscape architect. A landscape architect-in-
7 training shall use the title "landscape architect-in-training" in accordance
8 with board rule.
9 (6) "Public" means any person, firm, corporation, partnership, company,
10 government agency, institution or any other entity recognized by law.
11 (7) "Rules of professional responsibility" means those rules, if any,
12 promulgated by the board.
13 SECTION 2. That Section 54-3003, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD -- CERTIFICATES OF REG-
16 ISTRATION LICENSES -- FEES -- RECIPROCITY ENDORSEMENT -- EXEMPTIONS -- INDI-
17 VIDUALS, PARTNERSHIPS AND CORPORATIONS -- RESTRICTION ON USE OF NAME -- SEAL.
18 (a1) Application and practice. In order to safeguard human health and prop-
19 erty, and to promote the public welfare, any person in either public or pri-
20 vate capacity practicing or offering to practice landscape architecture, for
21 hire, shall be required to submit evidence that he is qualified of qualifica-
22 tions to so practice and shall be registered issued a license under the pro-
23 visions of this act chapter.
24 (b2) Qualifications. For license licensure as a landscape architect, evi-
25 dence must be submitted to the board that the applicant:
26 (1a) iIs eighteen (18) years of age or older;
27 (2b) hHas, before admission to the examination, completed the course of
28 study in and been graduated from a college or school of landscape archi-
29 tecture approved by the board. He shall also submit, before admission to
30 the examination, evidence of actual practical experience in landscape
31 architectural work of grade and character satisfactory to the board. Each
32 complete year of study in such approved college or school of landscape
33 architecture may be accepted in lieu of one (1) year of such experience,
34 and the applicant must submit evidence of sufficient additional acceptable
35 experience to total four (4) years of combined education and experience.
36 In lieu of graduation from an accredited approved college or school of
37 landscape architecture, and the practical experience in addition thereto,
38 an applicant may be admitted to the examination upon presenting evidence
39 of at least four eight (48) years of actual, practical experience in
40 landscape architectural work architecture of a grade and character satis-
41 factory to the board, as established by rule, that the applicant is compe-
42 tent to practice landscape architecture.
43 (c3) Examinations. Examinations for the license shall be held by the
44 board at least once each year, provided that applications shall have been
45 received during the time announced. The board shall adopt rules covering the
46 subjects and scope of the examinations at the times designated. Every appli-
47 cant for license as a landscape architect shall be required, in addition to
48 all other requirements, to establish by written examination his competency to
49 plan, design, specify, and supervise the installation and construction of
50 landscape architectural projects. Each written examination may be supplemented
51 by such oral examinations as the board may determine.
52 (d4) The board.
53 (a) There is hereby created in the department of self-governing agencies
3
1 an Idaho state board of landscape architects. The board shall consist of
2 three (3) landscape architects. Members of the board shall be appointed by
3 the governor and must be residents of this state, have the qualifications
4 of landscape architects required by this act chapter, and after the ini-
5 tial board is organized be licensed hereunder. The terms of the members of
6 the board first appointed shall expire as follows:
7 Two (2) members two (2) years later, one (1) member three (3) years later.
8 Thereafter, appointments shall be for four (4) years. terms. Each member
9 shall hold office until the appointment and qualification of his succes-
10 sor. Vacancies occurring prior to the expiration of the term shall be
11 filled by appointment in like manner for the unexpired term.
12 (b) The board may shall have, in addition to the powers set forth else-
13 where in this chapter, the following powers and duties:
14 (i) To authorize, by written agreement, authorize the bureau of
15 occupational licenses to act as agent in its interest, and shall have
16 the power to make such rules as shall be necessary in the performance
17 of its duties;
18 (ii) To adopt rules of professional responsibility;
19 (iii) To adopt rules requiring the completion of continuing education
20 by each licensee on an annual basis;
21 (iv) The board, or its duly appointed hearing officer, shall have
22 the power in any disciplinary proceeding against a licensee under
23 this chapter, to administer oaths, take depositions of witnesses
24 within or outside of the state in the manner provided by law in civil
25 cases, and to apply to any district court of this state for a sub-
26 poena to require the attendance of such witnesses and the production
27 of such books, records and papers as the board deems necessary in a
28 disciplinary proceeding against a licensee. The fees and mileage of
29 the witnesses shall be the same as that allowed in the district
30 courts in criminal cases, which fees and mileage shall be paid in the
31 same manner as other board expenses. In any case of disobedience to,
32 or neglect of, any subpoena or subpoena duces tecum served upon any
33 person, or refusal of any witness to testify to any matter about
34 which he may lawfully be interrogated, it shall be the duty of any
35 district court in this state on application by the board to compel
36 compliance with the subpoena by conducting proceedings for contempt,
37 as in the case of disobedience of the requirements of a subpoena
38 issued from such court or for refusal to testify therein. The
39 licensed person accused in such proceedings shall have the same right
40 of subpoena.
41 (c) The board shall elect, at its first meeting of every calendar year, a
42 chairman from its members, a president, and a secretary who may or may not
43 be a member of the board. The secretary shall hold such office at the
44 pleasure of the board and shall receive a salary fixed by the board. In
45 carrying out the provisions of this act chapter, all members of the board
46 shall be compensated as provided by section 59-509(m), Idaho Code. Payment
47 of travel and other expenses shall be made from the occupational licenses
48 fund.
49 (e5) Renewal and reinstatement -- Revenue. Certificates of registration
50 shall expire on the last day of June following their issuance or renewal.
51 Renewal may be effected during the month of June by payment to the board of
52 the required fee.
53 (1a) In case any registrant fails to pay the renewal fee before thirty
54 (30) days after the due date, the renewal fee shall be the current fee
55 plus an amount set by the board; provided, that any registrant in good
4
1 standing, upon fully retiring from landscape architectural practice, may
2 withdraw from practice by giving written notice to the board and may
3 thereafter resume practice at any time upon payment of the then current
4 renewal fee. Any registrant, other than a properly withdrawn licensee, who
5 fails to renew his registration for a period of one (1) year may be rein-
6 stated only on reexamination as is required for new registrants, or reci-
7 procity. The board shall issue a receipt to each landscape architect
8 promptly upon payment of the annual license fee All licenses issued under
9 the provisions of this chapter shall be subject to annual renewal and
10 shall expire unless renewed in the manner prescribed by the board regard-
11 ing applications for renewal, continuing education, and fees. License
12 renewal and reinstatement shall be in accordance with section 67-2614,
13 Idaho Code.
14 (2b) Amounts. The amount of fees shall be as determined by the board
15 within the following stated limits:
16 (Ai) The application fee not to exceed one hundred dollars ($100).
17 (Bii) The fee for examination to be established by board rule not to
18 exceed that charged by the council of landscape architectural regis-
19 tration board plus a twenty-five dollar ($25.00) processing fee.
20 (Ciii) The fee for an original certificate license and the annual
21 license fee not to exceed one hundred twenty-five dollars ($125).
22 (3c) Refund. Fees shall be nonrefundable.
23 (4d) Deposit. All fees received under the provisions of this act chapter
24 shall be deposited in the state treasury to the credit of the occupational
25 licenses fund and all costs and expenses incurred by the board under the
26 provisions of this act chapter shall be a charge against and paid from
27 said fund for such purposes, and the funds collected hereunder shall be
28 immediately available for the administration of this act chapter, the pro-
29 visions of any other law notwithstanding. In no instance will the occupa-
30 tional licenses fund be obligated to pay any claims which that in aggre-
31 gate with claims already paid exceed the income to the occupational
32 licenses fund which has been derived by the application of this act chap-
33 ter.
34 (5e) Appropriation. The money paid into the occupational licenses fund is
35 continuously appropriated to the board for expenditure in the manner pre-
36 scribed herein to defray the expenses of the board and in carrying out and
37 enforcing the provisions of this act chapter.
38 (f6) Reciprocal Endorsement provisions. The board may certify for regis-
39 tration approve for licensure:
40 (a) An individual with a current council of landscape architecture regis-
41 tration board (CLARB) certification; or
42 (b) Wwith limited examination an applicant who is legally registered or
43 licensed as a landscape architect in any other state or country whose
44 requirements for registration or licensure are at least substantially
45 equivalent to the requirements of this state.
46 (g7) Exemptions.
47 (1a) None of the provisions of this act chapter shall prevent employees
48 of those lawfully practicing as landscape architects from acting under the
49 instruction, control or supervision of their employers.
50 (2b) None of the provisions of this act chapter shall apply to the busi-
51 ness conducted in this state by any land use planner, horticulturist,
52 nurseryman, or landscape nurseryman, gardener, landscape gardener, land-
53 scape designer, or landscape contractor, as these terms are generally
54 used, or any other person, including, but not limited to, their right to
55 plan and supervise in connection therewith, except that no such person
5
1 shall use the designation "landscape architect," "landscape architecture,"
2 or any description tending to convey the impression that he is they are a
3 registered licensed landscape architect unless he is they are registered
4 as provided in this act chapter.
5 (3c) This act chapter shall not apply to architects, professional engi-
6 neers, geologists, and land surveyors, licensed to practice their respec-
7 tive professions.
8 (h8) Act This chapter applies to natural persons individuals only.
9 (1a) All certificates of registration licenses shall be issued to natural
10 persons individuals only but nothing contained in this act chapter shall
11 prevent a duly registered licensed landscape architect from performing his
12 rendering professional services for a corporation, firm, partnership, or
13 association.
14 (2b) Partners. Each partner in a partnership of landscape architects
15 shall be registered licensed to practice landscape architecture or to pro-
16 vide allied professional services as defined in section 30-1303, Idaho
17 Code. Subject to this requirement, a partnership of landscape architects
18 may use a partnership name if such name consists of:
19 (Ai) The names of two (2) or more landscape architects.
20 (Bii) The names of one (1) or more landscape architects and one (1)
21 or more professional engineers, or architects, or planners.
22 (3c) Any person applying to the licensing official of any county or city
23 for a business license to practice landscape architecture shall at the
24 time of such application exhibit to such licensing official satisfactory
25 evidence under the seal of the board and the hand of its secretary that
26 such applicant possesses a current registration Idaho license. The busi-
27 ness license shall not be granted until such evidence is presented, any
28 contrary provision of any special act or general act notwithstanding.
29 (i9) Qualifications for practice -- sSeal:
30 (1a) No person shall use the designation "landscape architect" or
31 "landscape architecture," or advertise any title or description tending to
32 convey the impression that he the person is a landscape architect, or
33 practicing landscape architecture, unless such person is a registered
34 licensed landscape architect. Every holder of a registration certificate
35 license shall display it in his the principal office, place of business,
36 or place of employment.
37 (2b) Every landscape architect shall have a seal approved by the board,
38 which shall contain the name of the landscape architect and the words
39 "Registered "Licensed Landscape Architect, State of Idaho," and such other
40 words or figures as the board may deem necessary and prescribe. All draw-
41 ings and title pages of specifications,
42 (i) The seal may be a rubber stamp or an electronically applied
43 seal. Whenever the seal is applied, the licensee's written signature
44 and the date shall be adjacent to or across the seal. The seal, sig-
45 nature and date shall be placed on all final reports, drawings and
46 title pages of specifications, design information and calculations.
47 Whenever presented to a client or to the public, such documents that
48 are not final and do not contain a seal, signature and date, shall be
49 clearly marked as "preliminary," "draft," "not for construction" or
50 similar words to distinguish the documents from a finished product.
51 (ii) The application of the licensee's seal, signature and the date
52 shall constitute certification that the work thereon was prepared by
53 such landscape architect or under the supervision of such landscape
54 architect, shall be stamped with the aforesaid seal. Each plan or
55 drawing sheet shall be sealed and signed by the licensee or the
6
1 licensee's agent responsible for each sheet. The principal landscape
2 architect in charge shall sign and seal the title or first sheet.
3 Copies of electronically produced documents listed in paragraph
4 (b)(i) of this subsection that are distributed for informational use,
5 such as for bidding purposes or working copies, may be issued with
6 the licensee's seal and a notice that the original document is on
7 file with the licensee's signature and date. The words "original
8 signed by:" and "date signed:" shall be placed adjacent to or across
9 the seal of the electronic original. The storage location of the
10 original documents shall also be provided. Only the title page of
11 reports, specifications and like documents need bear the seal and
12 signature of the licensee and the date.
13 (iii) Nothing contained herein shall be construed to permit the seal
14 of a landscape architect to serve practice as a substitute for the
15 seal of a licensed architect, a licensed professional engineer or a
16 licensed land surveyor as these professions are defined by Idaho
17 Code; provided however, nothing contained herein shall be construed
18 to prevent a landscape architect from practicing landscape architec-
19 ture.
20 SECTION 3. That Section 54-3004, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 54-3004. DISCIPLINARY PROCEEDINGS. Upon giving at least twenty (20) days'
23 notice of its intended action, and affording the holder of a certificate
24 license an opportunity for a hearing to be conducted under the provisions of
25 chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to
26 renew, revoke or suspend the registration license of any landscape architect
27 upon the following grounds:
28 (a1) fFraud or deception in procuring the certification application for
29 or the procurement of a license or in passing any of the examinations pre-
30 scribed by this act chapter;
31 (b2) cConviction of a felony by a court of competent jurisdiction;
32 (c3) gGross incompetency negligence in the practice of landscape archi-
33 tecture;
34 (d4) fFraud or deceit in the performance practice of official duties
35 landscape architecture;
36 (e5) for wWillful violation of any of the provisions of this act chapter
37 or any of the rules promulgated by the board under the authority of this act
38 chapter.
39 The board may reinstate any revoked or suspended certification license
40 upon such terms as it may impose.
41 An appeal of any order of the board suspending or revoking the registra-
42 tion of a landscape architect may be taken to the district court of either Ada
43 county or the county in which the holder of the certificate applicant or
44 licensee resides, in accordance with chapter 52, title 67, Idaho Code.
45 SECTION 4. That Section 54-3005, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-3005. VIOLATIONS AND PENALTIES. (1) It shall be a violation for any
48 person to:
49 (a) oOffer to practice or hold himself out represent oneself as entitled
50 to practice landscape architecture, unless duly licensed and registered
51 under this act chapter;
7
1 (b) present as his own Attempt to use the license of another;
2 (c) gGive false or forged evidence to the board or any member thereof in
3 obtaining a license;
4 (d) fFalsely impersonate any other practitioner, of like or different
5 names;
6 (e) oOtherwise violate any of the provisions of this act chapter.
7 Such violation shall be punishable by a fine of not more than five hun-
8 dred dollars ($500) misdemeanor. Each act under this section shall be treated
9 as a separate offense.
10 (2) Prosecution of violations:. All violations of this act chapter when
11 reported to the board and duly substantiated by affidavits or other satisfac-
12 tory evidence shall be investigated by it the board, and if the report is
13 found to be true and the evidence substantiated, the board shall report such
14 violations to the county attorney of the county in which the violation
15 occurred and request prompt prosecution.
STATEMENT OF PURPOSE
RS 13130
The intent of this bill is to clarify qualifications and
definitions. It includes language requiring licenses instead of
certificates of registration and adds "endorsement" instead of
"reciprocity". It changes the annual renewal date to the birth
date of the applicant. It exempts Land Use Planners from these
provisions. It adds language dealing with electronically applied
seals.
FISCAL IMPACT
There will be no impact on general or dedicated funds.
Contact
Name: Rayola Jacobson, Bureau of Occupational Licensing
Phone: 208/334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 331