2003 Legislation
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HOUSE BILL NO. 8 – Landscape architects, license reqmt


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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

Bill Text

  ||||              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
 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-
 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,
  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:
  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
 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
  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-
 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 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)  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 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
  8        association.
  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-
 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  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-
 28    tecture;
 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
 33    chapter.
 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        names;
  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 / Fiscal Impact

                     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

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.

Name:        Rayola Jacobsen
Agency:      Occupational License, Bureau
Phone:       334-3233

Statement of Purpose/Fiscal Impact                        H