Print Friendly HOUSE BILL NO. 538 – Landscape architects, licenses/fees
HOUSE BILL NO. 538
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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,
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
]]]] 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
2 RELATING TO LANDSCAPE ARCHITECTS; AMENDING SECTION 54-3003, IDAHO CODE, TO
3 REVISE LICENSURE QUALIFICATIONS, TO REVISE EXAMINATION PROVISIONS, TO
4 INCREASE EXAMINATION AND LICENSE FEES, TO PROVIDE THAT THE BOARD MAY
5 RECOVER THE ACTUAL COSTS ASSOCIATED WITH AN APPLICANT'S REVIEW OF A FAILED
6 EXAMINATION AND TO MAKE A TECHNICAL CORRECTION.
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:
10 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD -- LICENSES -- FEES --
11 ENDORSEMENT -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS --
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-
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-
37 (c) This chapter shall not apply to architects, professional engineers,
38 geologists, and land surveyors, licensed to practice their respective pro-
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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE H 538