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H0008...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
LANDSCAPE ARCHITECTS - Amends existing law relating to landscape architecture
to define terms; to revise qualifications for licensure; to revise board
powers and duties; to revise endorsement provisions; to revise exemptions; to
provide for applicability to local jurisdictions; to provide for application
of seals for certification; to revise grounds for discipline; to provide for
appeals of board orders; and to revise violations and penalties.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 8 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO LANDSCAPE ARCHITECTS; AMENDING SECTION 54-3001, IDAHO CODE, TO 3 DELETE SHORT TITLE AND SET FORTH GENERAL PROVISIONS; AMENDING SECTION 4 54-3002, IDAHO CODE, TO DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 54-3003, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO 6 REVISE QUALIFICATIONS FOR LICENSURE, TO REVISE BOARD MEMBERSHIP TERMS, TO 7 REVISE BOARD POWERS AND DUTIES, TO REVISE ENDORSEMENT PROVISIONS, TO 8 REVISE EXEMPTIONS, TO PROVIDE FOR APPLICABILITY TO LOCAL JURISDICTIONS, TO 9 REVISE APPLICABILITY FOR INDIVIDUALS, TO PROVIDE FOR APPLICATION OF SEALS 10 FOR CERTIFICATION, TO CLARIFY APPLICATION AND TO MAKE TECHNICAL CORREC- 11 TIONS; AMENDING SECTION 54-3004, IDAHO CODE, TO REVISE GROUNDS FOR DISCI- 12 PLINE, TO PROVIDE FOR THE APPEAL OF ANY BOARD ORDER, TO PROVIDE CORRECT 13 TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 14 54-3005, IDAHO CODE, TO REVISE VIOLATIONS AND PENALTIES, TO PROVIDE COR- 15 RECT TERMINOLOGY, TO MAKE TECHNICAL CORRECTIONS AND TO CORRECT A 16 CODIFIER'S ERROR. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 54-3001, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-3001.SHORT TITLEGENERAL PROVISIONS.This act shall be known and21cited as the "Landscape Architect Registration and Licensing Act."In order to 22 safeguard life, health and property and to promote the public welfare, the 23 practice of landscape architecture in this state is hereby declared to be sub- 24 ject to regulation in the public interest. It shall be unlawful for any person 25 to practice or offer to practice landscape architecture, as defined in this 26 chapter, for any project physically located in this state, or to use the title 27 "landscape architect" or any term, title or description tending to convey the 28 impression that he is a licensed landscape architect, unless such person is 29 authorized as provided in this chapter. The practice of landscape architecture 30 shall be deemed a privilege granted by the state through the board of land- 31 scape architects based on the qualifications of the individual as evidenced by 32 a license, which shall not be transferable. 33 SECTION 2. That Section 54-3002, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-3002. DEFINITIONS.(a)As used in thisactchapter:, "landscape archi-36tect" means a person who holds a certificate to practice landscape architec-37ture in the state of Idaho under the authority of this act.38(b) "Landscape architecture" means the performance of professional ser-39vices such as consultations, investigation, reconnaissance, research, plan-40ning, design or responsible supervision in connection with the development of41land and incidental water areas where, and to the extent that the dominant2 1purpose of such services is the preservation, enhancement or determination of2proper land uses, natural land features, ground cover and planting,3naturalistic and aesthetic values, approaches to buildings, structures, facil-4ities or other improvements, natural drainage and the consideration and deter-5mination of inherent problems of the land relating to erosion, wear and tear,6light or other hazards, but shall not include the application of geological7principles. This practice shall include the location, design and arrangement8of such tangible objects as pools, walls, steps, trellises, canopies, and fea-9tures as are incidental and necessary to the purposes outlined herein, but10shall not include the design of structures or facilities with separate and11self-contained purposes for habitation or industry, such as are ordinarily12included in the practice of engineering or architecture; and shall not include13the making of cadastral surveys or final land plats for official recording or14approval. It involves the design and arrangement of land forms and the devel-15opment of outdoor space including, but not limited to, the design of public16parks, playgrounds, cemeteries, home and school grounds, and the development17of industrial and recreational sites.18 (c1) "Board" means the Idaho state board of landscape architects. 19 (d2) "Department" means the department of self-governing agencies of the 20 state of Idaho. 21 (3) "Landscape architect" means a person who has been duly licensed as a 22 landscape architect by the board on the basis of professional education, exam- 23 ination and experience in landscape architecture. 24 (4) "Landscape architect-in-training" means a person who has met the 25 qualifications of section 54-3003(2), Idaho Code, and is working under the 26 supervision of a licensed landscape architect. A landscape architect-in- 27 training shall use the title "landscape architect-in-training" in accordance 28 with board rule. 29 (5) "Practice of landscape architecture" means any service where land- 30 scape architectural education, training, experience and the application of 31 mathematical, physical and social science principles are applied in consulta- 32 tion, evaluation, planning, design (including the preparation and filing of 33 drawings, plans and specifications) and administration of contracts relative 34 to projects principally directed at the functional and aesthetic use and pres- 35 ervation of land. These services include, but are not limited to: 36 (a) The design of land forms, storm drainage systems and related manage- 37 ment plans, soil conservation and erosion control methods, site furnish- 38 ings, irrigation systems, soil amendments, planting plans, and related 39 construction details; 40 (b) The investigation, selection and allocation of land and water 41 resources for appropriate uses; 42 (c) The formulation of feasibility studies and graphic and written crite- 43 ria to govern the planning, design and management of land development pro- 44 grams; 45 (d) The preparation, review and analysis of land use master plans, pre- 46 liminary plats and the collaboration in the development of subdivision 47 plans; 48 (e) The collaboration in the design of pedestrian and vehicle transporta- 49 tion systems, roads, bridges and structures with respect to the functional 50 and aesthetic requirements of the land areas on which they are to be 51 placed; and 52 (f) The determination of the locations and siting of improvements, 53 including buildings and other features, as well as the access and environs 54 for those improvements. 55 (6) "Public" means any person, firm, corporation, partnership, company, 3 1 government agency, institution or any other entity recognized by law. 2 (7) "Rules of professional responsibility" means those rules, if any, 3 promulgated by the board. 4 SECTION 3. That Section 54-3003, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD --CERTIFICATES OF REG-7ISTRATIONLICENSES -- FEES --RECIPROCITYENDORSEMENT -- EXEMPTIONS -- INDI- 8 VIDUALS, PARTNERSHIPS AND CORPORATIONS -- RESTRICTION ON USE OF NAME -- SEAL. 9 (a1) Application and practice. In order to safeguard human health and prop- 10 erty, and to promote the public welfare, any person in either public or pri- 11 vate capacity practicing or offering to practice landscape architecture,for12hire,shall be required to submit evidencethat he is qualifiedof qualifica- 13 tions tosopractice and shall beregisteredissued a license under the provi- 14 sions of thisactchapter. 15 (b2) Qualifications. Forlicenselicensure as a landscape architect, evi- 16 dence must be submitted to the board that the applicant: 17 (1a)iIs eighteen (18) years of age or older; 18 (2b)hHas, before admission to the examination,completed the course of19study in and beengraduated from a college or school of landscape archi- 20 tecture approved by the board.He shall also submit, before admission to21the examination, evidence of actual practical experience in landscape22architectural work of grade and character satisfactory to the board. Each23complete year of study in such approved college or school of landscape24architecture may be accepted in lieu of one (1) year of such experience,25and the applicant must submit evidence of sufficient additional acceptable26experience to total four (4) years of combined education and experience.27 In lieu of graduation from anaccreditedapproved college or school of 28 landscape architecture, and the practical experience in addition thereto, 29 an applicant may be admitted to the examination upon presenting evidence 30 of at leastfoureight (48) years of actual, practical experience in 31 landscapearchitectural workarchitecture of a grade and character satis- 32 factory to the board, as established by rule, that the applicant is compe- 33 tent to practice landscape architecture. 34 (c3) Examinations. Examinations for the license shall be held by the 35 board at least once each year, provided that applications shall have been 36 received during the time announced. The board shall adopt rules covering the 37 subjects and scope of the examinations at the times designated. Every appli- 38 cant for license as a landscape architect shall be required, in addition to 39 all other requirements, to establish by written examination his competency to 40 plan, design, specify,and supervise the installation and construction of 41 landscape architectural projects. Each written examination may be supplemented 42 by such oral examinations as the board may determine. 43 (d4) The board. 44 (a) There is hereby created in the department of self-governing agencies 45 an Idaho state board of landscape architects. The board shall consist of 46 three (3) landscape architects. Members of the board shall be appointed by 47 the governor and must be residents of this state, have the qualifications 48 of landscape architects required by thisactchapter, and after the ini- 49 tial board is organized be licensed hereunder. The terms of the members of 50 the boardfirst appointed shall expire as follows:51Two (2) members two (2) years later, one (1) member three (3) years later.52Thereafter, appointmentsshall be for four (4) years.terms.Each member shall 53 hold office until the appointment and qualification of his successor. Vacan- 4 1 cies occurring prior to the expiration of the term shall be filled by appoint- 2 ment in like manner for the unexpired term. 3 (b) The boardmayshall have, in addition to the powers set forth else- 4 where in this chapter, the following powers and duties: 5 (i) To authorize, by written agreement,authorizethe bureau of 6 occupational licenses to act as agent in its interest, andshall have7the powerto make such rules as shall be necessary in the performance 8 of its duties; 9 (ii) To adopt rules of professional responsibility; 10 (iii) To adopt rules requiring the completion of continuing education 11 by each licensee on an annual basis. 12 (iv) The board, or its duly appointed hearing officer, shall have 13 the power in any disciplinary proceeding under this chapter to admin- 14 ister oaths, take depositions of witnesses within or outside of the 15 state in the manner provided by law in civil cases, and to apply to 16 any district court of this state for a subpoena to require the atten- 17 dance of such witnesses and the production of such books, records and 18 papers as the board deems necessary. The fees and mileage of the wit- 19 nesses shall be the same as that allowed in the district courts in 20 criminal cases, which fees and mileage shall be paid in the same man- 21 ner as other board expenses. In any case of disobedience to, or 22 neglect of, any subpoena or subpoena duces tecum served upon any per- 23 son, or refusal of any witness to testify to any matter about which 24 he may lawfully be interrogated, it shall be the duty of any district 25 court in this state on application by the board to compel compliance 26 with the subpoena by conducting proceedings for contempt, as in the 27 case of disobedience of the requirements of a subpoena issued from 28 such court or for refusal to testify therein. The licensed person 29 accused in such proceedings shall have the same right of subpoena. 30 (c) The board shall elect, at its first meeting of every calendar year, a 31 chairman from its members, a president, and a secretary who may or may not32be a member of the board. The secretary shall hold such office at the33pleasure of the board and shall receive a salary fixed by the board. In 34 carrying out the provisions of thisactchapter, all members of the board 35 shall be compensated as provided by section 59-509(m), Idaho Code. Payment 36 of travel and other expenses shall be made from the occupational licenses 37 fund. 38 (e5) Revenue. Certificates of registration shall expire on the last day 39 of June following their issuance or renewal. Renewal may be effected during 40 the month of June by payment to the board of the required fee. 41 (1a) In case any registrant fails to pay the renewal fee before thirty 42 (30) days after the due date, the renewal fee shall be the current fee 43 plus an amount set by the board; provided, that any registrant in good 44 standing, upon fully retiring from landscape architectural practice, may 45 withdraw from practice by giving written notice to the board and may 46 thereafter resume practice at any time upon payment of the then current 47 renewal fee. Any registrant, other than a properly withdrawn licensee, who 48 fails to renew his registration for a period of one (1) year may be rein- 49 stated only on reexamination as is required for new registrants, or reci- 50 procity. The board shall issue a receipt to each landscape architect 51 promptly upon payment of the annual license fee. 52 (2b) Amounts. The amount of fees shall be as determined by the board 53 within the following stated limits: 54 (Ai) The application fee not to exceed one hundred dollars ($100). 55 (Bii) The fee for examination to be established by board rule not to 5 1 exceed that charged by the council of landscape architectural regis- 2 tration board plus a twenty-five dollar ($25.00) processing fee. 3 (Ciii) The fee for an originalcertificatelicense and the annual 4 license fee not to exceed one hundred twenty-five dollars ($125). 5 (3c) Refund. Fees shall be nonrefundable. 6 (4d) Deposit. All fees received under the provisions of thisactchapter 7 shall be deposited in the state treasury to the credit of the occupational 8 licenses fund and all costs and expenses incurred by the board under the 9 provisions of thisactchapter shall be a charge against and paid from 10 said fund for such purposes, and the funds collected hereunder shall be 11 immediately available for the administration of thisactchapter, the pro- 12 visions of any other law notwithstanding. In no instance will the occupa- 13 tional licenses fund be obligated to pay any claimswhichthat in aggre- 14 gate with claims already paid exceed the income to the occupational 15 licenses fund which has been derived by the application of thisactchap- 16 ter. 17 (5e) Appropriation. The money paid into the occupational licenses fund is 18 continuously appropriated to the board for expenditure in the manner pre- 19 scribed herein to defray the expenses of the board and in carrying out and 20 enforcing the provisions of thisactchapter. 21 (f6)ReciprocalEndorsement provisions. The board maycertify for regis-22trationapprove for licensure: 23 (a) An individual with a current council of landscape architecture regis- 24 tration board (CLARB) certification; or 25 (b) Wwith limited examination an applicant who is legally registered or 26 licensed as a landscape architect in any other state or country whose 27 requirements for registration or licensure are at least substantially 28 equivalent to the requirements of this state. 29 (g7) Exemptions. Nothing in this chapter shall be construed as prevent- 30 ing: 31 (1a)None of the provisions of this act shall prevent employees of those32lawfully practicing as landscape architects from acting under the instruc-33tion, control or supervision of their employers.Any architect, profes- 34 sional engineer or land surveyor currently licensed by the state of Idaho 35 from providing services for which he is licensed; 36 (2b)None of the provisions of this act shall apply to the business con-37ducted in this state by any horticulturist, nurseryman, or landscape nurs-38eryman, gardener, landscape gardener, landscape designer, or landscape39contractor, as these terms are generally used, or any other person,40including, but not limited to, their right to plan and supervise in con-41nection therewith, except that no such person shall use the designation42"landscape architect," "landscape architecture," or any description tend-43ing to convey the impression that he is a registered landscape architect44unless he is registered as provided in this act.Any individual acting as 45 a contractor or landscape contractor from designing and installing a proj- 46 ect that does not impact the public health, safety and welfare as deter- 47 mined by the board; 48 (3c)This act shall not apply to architects, professional engineers,49geologists, and land surveyors, licensed to practice their respective pro-50fessions.Any person from offering services solely as a gardener or nurs- 51 eryman; or 52 (d) Any person from making plans, drawings or specifications for, or per- 53 sonally performing any installation on, any property owned by him and for 54 his own personal use. 55 (8) Applicability to local jurisdictions. No municipal, local or other 6 1 ordinance, policy or action shall reduce or limit the scope of professional 2 practice as set forth in this chapter. 3 (h9)ActChapter applies tonatural personsindividuals only. 4 (1a) Allcertificates of registrationlicenses shall be issued tonatural5personsindividuals only but nothing contained in thisactchapter shall 6 prevent a dulyregisteredlicensed landscape architect fromperforming his7 rendering professional services for a corporation, firm, partnership,or 8 association. 9 (2b) Partners. Each partner in a partnership of landscape architects 10 shall beregisteredlicensed to practice landscape architecture or to pro- 11 vide allied professional services as defined in section 30-1303, Idaho 12 Code. Subject to this requirement, a partnership of landscape architects 13 may use a partnership name if such name consists of: 14 (Ai) The names of two (2) or more landscape architects. 15 (Bii) The names of one (1) or more landscape architects and one (1) 16 or more professional engineers,or architects, or planners. 17 (3c) Any person applying to thelicensingofficial of any county or city 18 for a business license to practice landscape architecture shall at the 19 time of such application exhibit to suchlicensingofficial satisfactory 20 evidenceunder the seal of the board and the hand of its secretarythat 21 such applicant possesses a currentregistrationIdaho license. The busi- 22 ness license shall not be granted until such evidence is presented, any 23 contrary provision of any special act or general act notwithstanding. 24 (i10) Qualifications for practice -- seal: 25 (1a) No person shall use the designation "landscape architect" or 26 "landscape architecture," or advertise any title or description tending to 27 convey the impression thathethe person is a landscape architect, or 28 practicing landscape architecture, unless such person is aregistered29 licensed landscape architect. Every holder of aregistration certificate30 license shall display it in his principal office, place of business,or 31 place of employment. 32 (2b) Every landscape architect shall have a seal approved by the board, 33 which shall contain the name of the landscape architect and the words 34"Registered"Licensed Landscape Architect, State of Idaho," and such other 35 words or figures as the board may deem necessary and prescribe.All draw-36ings and title pages of specifications,37 (i) The seal may be a rubber stamp or an electronically applied 38 seal. Whenever the seal is applied, the licensee's written signature 39 and the date shall be adjacent to or across the seal. The seal, sig- 40 nature and date shall be placed on all final reports, drawings and 41 title pages of specifications, design information and calculations. 42 Whenever presented to a client or to the public, such documents that 43 are not final and do not contain a seal, signature and date, shall be 44 clearly marked as "preliminary," "draft," "not for construction" or 45 similar words to distinguish the documents from a finished product. 46 (ii) The application of the licensee's seal, signature and the date 47 shall constitute certification that the work thereon was prepared by 48 such landscape architect or under the supervision of such landscape 49 architect, shall be stamped with the aforesaid seal. Each plan or 50 drawing sheet shall be sealed and signed by the licensee or the 51 licensee's agent responsible for each sheet. The principal landscape 52 architect in charge shall sign and seal the title or first sheet. 53 Copies of electronically produced documents listed in paragraph 54 (b)(i) of this subsection that are distributed for informational use, 55 such as for bidding purposes or working copies, may be issued with 7 1 the licensee's seal and a notice that the original document is on 2 file with the licensee's signature and date. The words "original 3 signed by:" and "date signed:" shall be placed adjacent to or across 4 the seal of the electronic original. The storage location of the 5 original documents shall also be provided. Only the title page of 6 reports, specifications and like documents need bear the seal and 7 signature of the licensee and the date. 8 (iii) Nothing contained herein shall be construed to permitthe seal9ofa landscape architect toservepractice as asubstitute for the10seal of alicensed architect, a licensed professional engineer or a 11 licensed land surveyor as these professions are defined by Idaho 12 Code; provided however, nothing contained herein shall be construed 13 to prevent a landscape architect from practicing landscape architec- 14 ture. 15 SECTION 4. That Section 54-3004, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-3004. DISCIPLINARY PROCEEDINGS. Upon giving at least twenty (20) days' 18 notice of its intended action, and affording the holder of acertificate19 license an opportunity for a hearing to be conducted under the provisions of 20 chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to 21 renew, revoke or suspend theregistrationlicense of any landscape architect 22 upon the following grounds: 23 (a1)fFraud or deception inprocuringthecertificationapplication for 24 or the procurement of a license or in passing any of the examinations pre- 25 scribed by thisactchapter; 26 (b2)cConviction of a felony by a court of competent jurisdiction; 27 (c3)gGrossincompetencynegligence in the practice of landscape archi- 28 tecture; 29 (d4)fFraud or deceit in theperformancepractice ofofficial duties30 landscape architecture; 31 (e5)for wWillful violation of any of the provisions of thisactchapter 32 or any of the rules promulgated by the board under the authority of thisact33 chapter. 34 The board may reinstate any revoked or suspendedcertificationlicense 35 upon such terms as it may impose. 36 An appeal of any order of the boardsuspending or revoking the registra-37tion of a landscape architectmay be taken to the district court of either Ada 38 county or the county in which theholder of the certificateapplicant or 39 licensee resides, in accordance with chapter 52, title 67, Idaho Code. 40 SECTION 5. That Section 54-3005, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-3005. VIOLATIONS AND PENALTIES. (1) It shall be a violation for any 43 person to: 44 (a)oOffer to practice orhold himself outrepresent oneself as entitled 45 to practice landscape architecture, unless duly licensedand registered46 under thisactchapter; 47 (b)present as his ownAttempt to use the license of another; 48 (c)gGive false or forged evidence to the board or any member thereof in 49 obtaining a license; 50 (d)fFalsely impersonate any other practitioner, of like or different 51 names; 8 1 (e)oOtherwise violate any of the provisions of thisactchapter. 2 Such violation shall bepunishable byafine of not more than five hun-3dred dollars ($500)misdemeanor. Each act under this section shall be treated 4 as a separate offense. 5 (2) Prosecution of violations:. All violations of thisactchapter when 6 reported to the board and duly substantiated by affidavits or other satisfac- 7 tory evidence shall be investigated byitthe board, and if the report is 8 found to be true and the evidence substantiated, the board shall report such 9 violations to the county attorney of the county in which the violation 10 occurred and request prompt prosecution.
STATEMENT OF PURPOSE
RS 12401C2
54-3001 updating the Landscape Architects licensure act to bring
the act into conformity with model law. Clarifying language
dealing with licensing reciprocity; 54-3002 clarifying the
definitions; 54-3003 clarifying qualifications; 54-3004 deletes
language dealing with certificates and registration and adds
language for licenses; and 54-305 clarifying violation and penalty
language.
In addition, changing the renewal date from annual to the birth
date of the applicant as per 67-2614.
FISCAL IMPACT
There will be no impact of General or Dedicated Funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H