Print Friendly HOUSE BILL NO. 8 – Landscape architects, license reqmt
HOUSE BILL NO. 8
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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 - 2003
IN 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 TITLE GENERAL PROVISIONS. This act shall be known and
21 cited 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 this act chapter: , "landscape archi-
36 tect" means a person who holds a certificate to practice landscape architec-
37 ture in the state of Idaho under the authority of this act.
38 (b) "Landscape architecture" means the performance of professional ser-
39 vices such as consultations, investigation, reconnaissance, research, plan-
40 ning, design or responsible supervision in connection with the development of
41 land and incidental water areas where, and to the extent that the dominant
1 purpose of such services is the preservation, enhancement or determination of
2 proper land uses, natural land features, ground cover and planting,
3 naturalistic and aesthetic values, approaches to buildings, structures, facil-
4 ities or other improvements, natural drainage and the consideration and deter-
5 mination of inherent problems of the land relating to erosion, wear and tear,
6 light or other hazards, but shall not include the application of geological
7 principles. This practice shall include the location, design and arrangement
8 of such tangible objects as pools, walls, steps, trellises, canopies, and fea-
9 tures as are incidental and necessary to the purposes outlined herein, but
10 shall not include the design of structures or facilities with separate and
11 self-contained purposes for habitation or industry, such as are ordinarily
12 included in the practice of engineering or architecture; and shall not include
13 the making of cadastral surveys or final land plats for official recording or
14 approval. It involves the design and arrangement of land forms and the devel-
15 opment of outdoor space including, but not limited to, the design of public
16 parks, playgrounds, cemeteries, home and school grounds, and the development
17 of 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-
45 (d) The preparation, review and analysis of land use master plans, pre-
46 liminary plats and the collaboration in the development of subdivision
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,
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-
7 ISTRATION LICENSES -- FEES -- RECIPROCITY ENDORSEMENT -- 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, for
12 hire, shall be required to submit evidence that he is qualified of qualifica-
13 tions to so practice and shall be registered issued a license under the provi-
14 sions of this act chapter.
15 ( b2) Qualifications. For license licensure 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 of
19 study in and been graduated from a college or school of landscape archi-
20 tecture approved by the board. He shall also submit, before admission to
21 the examination, evidence of actual practical experience in landscape
22 architectural work of grade and character satisfactory to the board. Each
23 complete year of study in such approved college or school of landscape
24 architecture may be accepted in lieu of one (1) year of such experience,
25 and the applicant must submit evidence of sufficient additional acceptable
26 experience to total four (4) years of combined education and experience.
27 In lieu of graduation from an accredited approved 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 least four eight ( 48) years of actual, practical experience in
31 landscape architectural work architecture 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 this act chapter, and after the ini-
49 tial board is organized be licensed hereunder. The terms of the members of
50 the board first appointed shall expire as follows:
51 Two (2) members two (2) years later, one (1) member three (3) years later.
52 Thereafter, appointments shall be for four (4) years. terms. Each member shall
53 hold office until the appointment and qualification of his successor. Vacan-
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 board may shall 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, authorize the bureau of
6 occupational licenses to act as agent in its interest, and shall have
7 the power to 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 not
32 be a member of the board. The secretary shall hold such office at the
33 pleasure of the board and shall receive a salary fixed by the board. In
34 carrying out the provisions of this act chapter, 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
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
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 original certificate license 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 this act chapter
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 this act chapter 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 this act chapter, the pro-
12 visions of any other law notwithstanding. In no instance will the occupa-
13 tional licenses fund be obligated to pay any claims which that 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 this act chap-
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 this act chapter.
21 ( f6) Reciprocal Endorsement provisions. The board may certify for regis-
22 tration approve for licensure:
23 (a) An individual with a current council of landscape architecture regis-
24 tration board (CLARB) certification; or
25 (b) W with 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-
31 ( 1a) None of the provisions of this act shall prevent employees of those
32 lawfully practicing as landscape architects from acting under the instruc-
33 tion, 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-
37 ducted in this state by any horticulturist, nurseryman, or landscape nurs-
38 eryman, gardener, landscape gardener, landscape designer, or landscape
39 contractor, as these terms are generally used, or any other person,
40 including, but not limited to, their right to plan and supervise in con-
41 nection therewith, except that no such person shall use the designation
42 "landscape architect," "landscape architecture," or any description tend-
43 ing to convey the impression that he is a registered landscape architect
44 unless 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,
49 geologists, and land surveyors, licensed to practice their respective pro-
50 fessions. 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
1 ordinance, policy or action shall reduce or limit the scope of professional
2 practice as set forth in this chapter.
3 ( h9) Act Chapter applies to natural persons individuals only.
4 ( 1a) All certificates of registration licenses shall be issued to natural
5 persons individuals only but nothing contained in this act chapter shall
6 prevent a duly registered licensed landscape architect from performing his
7 rendering professional services for a corporation, firm, partnership , or
9 ( 2b) Partners. Each partner in a partnership of landscape architects
10 shall be registered licensed 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 the licensing official of any county or city
18 for a business license to practice landscape architecture shall at the
19 time of such application exhibit to such licensing official satisfactory
20 evidence under the seal of the board and the hand of its secretary that
21 such applicant possesses a current registration Idaho 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 that he the person is a landscape architect, or
28 practicing landscape architecture, unless such person is a registered
29 licensed landscape architect. Every holder of a registration certificate
30 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-
36 ings 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
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 permit the seal
9 of a landscape architect to serve practice as a substitute for the
10 seal of a licensed 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-
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 a certificate
19 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 the registration license of any landscape architect
22 upon the following grounds:
23 ( a1) fFraud or deception in procuring the certification application for
24 or the procurement of a license or in passing any of the examinations pre-
25 scribed by this act chapter;
26 ( b2) cConviction of a felony by a court of competent jurisdiction;
27 ( c3) gGross incompetency negligence in the practice of landscape archi-
29 ( d4) fFraud or deceit in the performance practice of official duties
30 landscape architecture;
31 ( e5) for wWillful violation of any of the provisions of this act chapter
32 or any of the rules promulgated by the board under the authority of this act
34 The board may reinstate any revoked or suspended certification license
35 upon such terms as it may impose.
36 An appeal of any order of the board suspending or revoking the registra-
37 tion of a landscape architect may be taken to the district court of either Ada
38 county or the county in which the holder of the certificate applicant 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 or hold himself out represent oneself as entitled
45 to practice landscape architecture, unless duly licensed and registered
46 under this act chapter;
47 (b) present as his own Attempt 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 name s;
1 (e) oOtherwise violate any of the provisions of this act chapter.
2 Such violation shall be punishable by a fine of not more than five hun-
3 dred dollars ($500) misdemeanor. Each act under this section shall be treated
4 as a separate offense.
5 (2) Prosecution of violations :. All violations of this act chapter when
6 reported to the board and duly substantiated by affidavits or other satisfac-
7 tory evidence shall be investigated by it the 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
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
In addition, changing the renewal date from annual to the birth
date of the applicant as per 67-2614.
There will be no impact of General or Dedicated Funds.
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Statement of Purpose/Fiscal Impact H