2006 Legislation
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HOUSE BILL NO. 538 – Landscape architects, licenses/fees


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Bill Status

H0538...........................................................by BUSINESS
LANDSCAPE ARCHITECTS - Amends existing law relating to landscape architects
to revise licensure qualifications; to revise examination provisions; to
increase examination and license fees; and to provide that the Board of
Landscape Architects may recover the actual costs associated with an
applicant's review of a failed examination.
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Bus
02/24    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 59-7-4
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
      Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Trail, Wills
      NAYS -- Barrett, Crow, Harwood, McKague, Moyle, Sali, Wood
      Absent and excused -- Black, Lake, Shirley, Mr. Speaker
    Floor Sponsor - Miller
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett,
      Werk, Williams
      NAYS -- Brandt
      Absent and excused -- Burtenshaw, Pearce, Sweet
    Floor Sponsor - Compton
    Title apvd - to House
03/15    To enrol
03/16    Rpt enrol - Sp signed
03/17    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 128
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 538
                                   BY BUSINESS COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section 54-3003, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 12    RESTRICTION ON USE OF NAME -- SEAL. (1) Application and practice. In order  to
 13    safeguard  human  health  and property, and to promote the public welfare, any
 14    person in either public or private capacity practicing or offering to practice
 15    landscape architecture, shall be required to submit evidence of qualifications
 16    to practice and shall be issued a license under the provisions of  this  chap-
 17    ter.
 18        (2)  Qualifications. For licensure as a landscape architect, evidence must
 19    be submitted to the board that the applicant:
 20        (a)  Is eighteen (18) years of age or older;
 21        (b)  Has, before admission to the examination, graduated from a college or
 22        school of landscape architecture approved by the board. In lieu of gradua-
 23        tion from an approved college or school of landscape architecture, and the
 24        practical  experience in addition thereto, an applicant may be admitted to
 25        the examination upon presenting present evidence of  at  least  eight  (8)
 26        years of actual, practical experience in landscape architecture of a grade
 27        and  character satisfactory to the board, as established by rule, that the
 28        applicant is competent to practice landscape architecture; and
 29        (c)  Has successfully passed an examination approved by the board.
 30        (3)  Examinations. Examinations for the license shall be held by the board
 31    at least once each year, provided that applications shall have  been  received
 32    during  the  time announced. The board shall adopt rules covering the subjects
 33    and scope of the examinations. at the times designated.  Every  applicant  for
 34    license  as  a landscape architect shall be required, in addition to all other
 35    requirements, to establish by written  examination  his  competency  to  plan,
 36    design,  specify  and supervise the installation and construction of landscape
 37    architectural projects. Each written examination may be supplemented  by  such
 38    oral examinations as the board may determine.
 39        (4)  The board.
 40        (a)  There  is hereby created in the department of self-governing agencies
 41        an Idaho state board of landscape architects. The board shall  consist  of
 42        three (3) landscape architects. Members of the board shall be appointed by
 43        the  governor and must be residents of this state, have the qualifications
  1        of landscape architects required by this chapter, and  after  the  initial
  2        board  is organized be licensed hereunder. The terms of the members of the
  3        board shall be for four (4) years. Each member shall hold office until the
  4        appointment and qualification of his successor. Vacancies occurring  prior
  5        to  the expiration of the term shall be filled by appointment in like man-
  6        ner for the unexpired term.
  7        (b)  The board shall have, in addition to the powers set  forth  elsewhere
  8        in this chapter, the following powers and duties:
  9             (i)   To  authorize, by written agreement, the bureau of occupational
 10             licenses to act as agent in its interest, and to make such  rules  as
 11             shall be necessary in the performance of its duties;
 12             (ii)  To adopt rules of professional responsibility;
 13             (iii) To adopt rules requiring the completion of continuing education
 14             by each licensee on an annual basis;
 15             (iv)  The  board,  or  its duly appointed hearing officer, shall have
 16             the power in any disciplinary proceeding  against  a  licensee  under
 17             this  chapter,  to  administer  oaths,  take depositions of witnesses
 18             within or outside of the state in the manner provided by law in civil
 19             cases, and to apply to any district court of this state  for  a  sub-
 20             poena  to require the attendance of such witnesses and the production
 21             of such books, records and papers as the board deems necessary  in  a
 22             disciplinary  proceeding  against a licensee. The fees and mileage of
 23             the witnesses shall be the same  as  that  allowed  in  the  district
 24             courts in criminal cases, which fees and mileage shall be paid in the
 25             same  manner as other board expenses. In any case of disobedience to,
 26             or neglect of, any subpoena or subpoena duces tecum served  upon  any
 27             person,  or  refusal  of  any  witness to testify to any matter about
 28             which he may lawfully be interrogated, it shall be the  duty  of  any
 29             district  court  in  this state on application by the board to compel
 30             compliance with the subpoena by conducting proceedings for  contempt,
 31             as  in  the  case  of  disobedience of the requirements of a subpoena
 32             issued from such  court  or  for  refusal  to  testify  therein.  The
 33             licensed person accused in such proceedings shall have the same right
 34             of subpoena.
 35        (c)  The board shall elect, at its first meeting of every calendar year, a
 36        chairman from its members. In carrying out the provisions of this chapter,
 37        all  members  of  the  board  shall  be compensated as provided by section
 38        59-509(m), Idaho Code. Payment of travel and other expenses shall be  made
 39        from the occupational licenses fund.
 40        (5)  Renewal and reinstatement -- Revenue. -- renewal and reinstatement.
 41        (a)  All  licenses  issued  under  the provisions of this chapter shall be
 42        subject to annual renewal and shall expire unless renewed  in  the  manner
 43        prescribed  by  the  board  regarding applications for renewal, continuing
 44        education, and fees. License renewal and reinstatement shall be in  accor-
 45        dance with section 67-2614, Idaho Code.
 46        (b)  Amounts.  The  amount  of  fees  shall  be as determined by the board
 47        within the following stated limits:
 48             (i)   The application fee not to exceed one hundred dollars ($100).
 49             (ii)  The fee for examination to be established by board rule not  to
 50             exceed  that charged by the council of landscape architectural regis-
 51             tration board plus a twenty-five fifty  dollar  ($250.00)  processing
 52             fee.  The  board  may  recover  the  actual  costs associated with an
 53             applicant's review of a failed examination.
 54             (iii) The fee for an original license and the annual license fee  not
 55             to exceed one two hundred twenty-five dollars ($125200).
  1        (c)  Refund. Fees shall be nonrefundable.
  2        (d)  Deposit. All fees received under the provisions of this chapter shall
  3        be  deposited  in  the  state  treasury  to the credit of the occupational
  4        licenses fund and all costs and expenses incurred by the board  under  the
  5        provisions  of  this chapter shall be a charge  against and paid from said
  6        fund for such purposes, and the funds collected hereunder shall be immedi-
  7        ately available for the administration of this chapter, the provisions  of
  8        any  other  law  notwithstanding.  In  no  instance  will the occupational
  9        licenses fund be obligated to pay any claims that in aggregate with claims
 10        already paid exceed the income to the occupational licenses fund which has
 11        been derived by the application of this chapter.
 12        (e)  Appropriation. The money paid into the occupational licenses fund  is
 13        continuously  appropriated to the board for expenditure in the manner pre-
 14        scribed herein to defray the expenses of the board and in carrying out and
 15        enforcing the provisions of this chapter.
 16        (6)  Endorsement provisions. The board may approve for licensure:
 17        (a)  An individual with a current council of landscape architecture regis-
 18        tration board (CLARB) certification; or
 19        (b)  With limited examination an applicant who is  legally  registered  or
 20        licensed  as  a  landscape  architect  in any other state or country whose
 21        requirements for registration or  licensure  are  at  least  substantially
 22        equivalent to the requirements of this state.
 23        (7)  Exemptions.
 24        (a)  None  of  the  provisions  of this chapter shall prevent employees of
 25        those lawfully practicing as landscape architects from  acting  under  the
 26        instruction, control or supervision of their employers.
 27        (b)  None  of  the  provisions of this chapter shall apply to the business
 28        conducted in this state by any land use planner, horticulturist,  nursery-
 29        man,  or  landscape  nurseryman,  gardener,  landscape gardener, landscape
 30        designer, or landscape contractor, as these terms are generally  used,  or
 31        any  other  person, including, but not limited to, their right to plan and
 32        supervise in connection therewith, except that no such  person  shall  use
 33        the  designation  "landscape  architect," "landscape architecture," or any
 34        description tending to convey the impression  that  they  are  a  licensed
 35        landscape  architect  unless they are registered as provided in this chap-
 36        ter.
 37        (c)  This chapter shall not apply to architects,  professional  engineers,
 38        geologists, and land surveyors, licensed to practice their respective pro-
 39        fessions.
 40        (8)  This chapter applies to individuals only.
 41        (a)  All  licenses  shall  be  issued to individuals only but nothing con-
 42        tained in this chapter shall prevent a duly licensed  landscape  architect
 43        from  rendering professional services for a corporation, firm, partnership
 44        or association.
 45        (b)  Partners. Each partner in a partnership of landscape architects shall
 46        be licensed to practice landscape architecture or to provide  allied  pro-
 47        fessional  services  as defined in section 30-1303, Idaho Code. Subject to
 48        this requirement, a partnership of landscape architects may use a partner-
 49        ship name if such name consists of:
 50             (i)   The names of two (2) or more landscape architects.
 51             (ii)  The names of one (1) or more landscape architects and  one  (1)
 52             or more professional engineers or architects.
 53        (c)  Any person applying to the official of any county or city for a busi-
 54        ness  license to practice landscape architecture shall at the time of such
 55        application exhibit to  such  official  satisfactory  evidence  that  such
  1        applicant  possesses  a  current Idaho license. The business license shall
  2        not be granted until such evidence is presented, any contrary provision of
  3        any special act or general act notwithstanding.
  4        (9)  Qualifications for practice -- Seal:
  5        (a)  No  person  shall  use  the  designation  "landscape  architect"   or
  6        "landscape  architecture" or advertise any title or description tending to
  7        convey the impression that the person is a landscape architect,  or  prac-
  8        ticing  landscape architecture, unless such person is a licensed landscape
  9        architect. Every holder of a license shall display  it  in  the  principal
 10        office, place of business or place of employment.
 11        (b)  Every  landscape  architect  shall have a seal approved by the board,
 12        which shall contain the name of the  landscape  architect  and  the  words
 13        "Licensed  Landscape  Architect,  State of Idaho," and such other words or
 14        figures as the board may deem necessary and prescribe.
 15             (i)   The seal may be a rubber stamp  or  an  electronically  applied
 16             seal.  Whenever the seal is applied, the licensee's written signature
 17             and the date shall be adjacent to or across the seal. The seal,  sig-
 18             nature  and  date  shall be placed on all final reports, drawings and
 19             title pages of specifications, design information  and  calculations.
 20             Whenever  presented to a client or to the public, such documents that
 21             are not final and do not contain a seal, signature and date, shall be
 22             clearly marked as "preliminary," "draft," "not for  construction"  or
 23             similar words to distinguish the documents from a finished product.
 24             (ii)  The  application of the licensee's seal, signature and the date
 25             shall constitute certification that the work thereon was prepared  by
 26             such  landscape  architect or under the supervision of such landscape
 27             architect. Each plan or drawing sheet shall be sealed and  signed  by
 28             the  licensee or the licensee's agent responsible for each sheet. The
 29             principal landscape architect in charge shall sign and seal the title
 30             or first sheet. Copies of electronically produced documents listed in
 31             paragraph (b)(i) of this subsection that are distributed for informa-
 32             tional use, such as for bidding purposes or working  copies,  may  be
 33             issued  with the licensee's seal and a notice that the original docu-
 34             ment is on file with the licensee's signature  and  date.  The  words
 35             "original  signed by:" and "date signed:" shall be placed adjacent to
 36             or across the seal of the electronic original. The  storage  location
 37             of the original documents shall also be provided. Only the title page
 38             of  reports, specifications and like documents need bear the seal and
 39             signature of the licensee and the date.
 40             (iii) Nothing contained herein shall be construed to permit  a  land-
 41             scape  architect to practice as a licensed architect, a licensed pro-
 42             fessional engineer or a licensed land surveyor as  these  professions
 43             are defined by Idaho Code; provided however, nothing contained herein
 44             shall  be  construed to prevent a landscape architect from practicing
 45             landscape architecture.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 15328

     Amend section 54-3003, Idaho Code, to change the examination
procedures and times to provide coordination with the national
examination utilized by the Board and to increase the processing
fee for examination to reflect actual cost and increase the cap
for original license/annual renewal fees.  Increasing the cap
would enable the Board to promulgate rules to increase fees in
the future if the budget falls into a deficit position.

                          FISCAL NOTE

     There is no fiscal impact on general funds.  There will be a
benefit to the dedicated funding this boards budget is based
upon.  With this change the Board will recover the costs of
administration of the exam from the examinees.  The benefit is
estimated to be approximately $700.00 per year.

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

STATEMENT OF PURPOSE/FISCAL NOTE                              H 538