Text: HF02280 Text: HF02282 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2281 1 2 1 3 AN ACT 1 4 REQUIRING THE LICENSURE OF LANDSCAPE ARCHITECTS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 544B.1, subsection 2, Code 2001, is 1 9 amended to read as follows: 1 10 2. "LandscapeProfessional landscape architect" means a 1 11 person who has obtained a license pursuant to section 544B.2, 1 12 and who engages in the practice of landscape architecture as 1 13 defined in this section. 1 14 Sec. 2. Section 544B.1, subsection 3, Code 2001, is 1 15 amended to read as follows: 1 16 3. The "practice of landscape architecture" means the 1 17 performance of professional services such as consultations, 1 18 investigations, reconnaissance, research, planning, design, or 1 19 responsible supervision in connection with projects involving 1 20 the arranging of land and the elements thereon for public and 1 21 private use and enjoyment, including the alignment of roadways 1 22 and the location of buildings, service areas, parking areas, 1 23 walkways, steps, ramps, pools and other structures, and the 1 24 grading of the land, surface and subsoil drainage, erosion 1 25 control, planting, reforestation, and the preservation of the 1 26 natural landscape and aesthetic values, in accordance with 1 27 accepted professional standards of public health, welfare, and 1 28 safety. This practice shall include the location and 1 29 arrangement of such tangible objects and features as are 1 30 incidental and necessary to the purposes outlined in this 1 31 chapter but shall not include the design of structures or 1 32 facilities with separate and self-contained purposes for 1 33 habitation or industry, or the design of public streets and 1 34 highways, utilities, storm and sanitary sewers, and sewage 1 35 treatment facilities, such as are ordinarily included in the 2 1 practice of engineering or architecture; and shall not include 2 2 the making of land surveys or final land plats for official 2 3 approval or recording.Nothing contained in this chapter2 4shall preclude a licensed landscape architect from performing2 5any of the services described in this section in connection2 6with the settings, approaches or environment for buildings,2 7structures or facilities.Nothing contained in this chapter 2 8 shall be construed as authorizing a professional landscape 2 9 architect to engage in the practice of architecture, 2 10 engineering, or land surveying. 2 11 Sec. 3. Section 544B.2, Code 2001, is amended by striking 2 12 the section and inserting in lieu thereof the following: 2 13 544B.2 LICENSE REQUIRED. 2 14 A person shall not engage in the practice of landscape 2 15 architecture, or use the title "landscape architect", 2 16 "professional landscape architect", "landscape architecture 2 17 designer", or use other titles or words, letters, figures, 2 18 signs, cards, advertisements, symbols, or other devices to 2 19 represent that the person or a business associated with the 2 20 person is authorized to practice landscape architecture, 2 21 without first obtaining a license as a professional landscape 2 22 architect from the board pursuant to this chapter. Every 2 23 holder of a license as a professional landscape architect 2 24 shall display it in a conspicuous place in the holder's 2 25 principal office. 2 26 Sec. 4. Section 544B.3, unnumbered paragraph 1, Code 2001, 2 27 is amended to read as follows: 2 28 A landscape architectural examining board is created within 2 29 the professional licensing and regulation division of the 2 30 department of commerce. The board consists of five members 2 31 who areregisteredprofessional landscape architects and two 2 32 members who are notregisteredprofessional landscape 2 33 architects and who shall represent the general public. 2 34 Members shall be appointed by the governor, subject to 2 35 confirmation by the senate. Aregisteredprofessional member 3 1 shall be actively engaged in the practice of landscape 3 2 architecture or the teaching of landscape architecture in an 3 3 accredited college or university, and shall have been so 3 4 engaged for five years preceding appointment, the last two of 3 5 which shall have been in Iowa.Professional associations3 6 Associations or societies composed ofregisteredprofessional 3 7 landscape architects may recommend the names of potential 3 8 board members to the governor. However, the governor is not 3 9 bound by the recommendations. A board member shall not be 3 10 required to be a member of any professional association or 3 11 society composed of professional landscape architects. 3 12 Sec. 5. Section 544B.5, Code 2001, is amended to read as 3 13 follows: 3 14 544B.5 DUTIES. 3 15 The board shall enforce this chapter, shall make rules for 3 16 the examination of applicants forthe certificate of3 17registrationlicensure, and, after public notice, shall 3 18 conduct examinations of applicants forregistrationlicensure. 3 19 The board shall keep a record of its proceedings. The board 3 20 shall adopt an official seal which shall be affixed to all 3 21 certificates ofregistrationlicensure granted. The board may 3 22 make other rules, not inconsistent with law, as necessary for 3 23 the proper performance of its duties. The board shall 3 24 maintain a roster showing the name, place of business, and 3 25 residence, and the date and number of the certificate of 3 26registrationlicensure of everyregisteredprofessional 3 27 landscape architect in this state. The administrator of the 3 28 professional licensing and regulation division of the 3 29 department of commerce shall hire and provide staff to assist 3 30 the board in implementing this chapter. 3 31 Sec. 6. Section 544B.8, unnumbered paragraph 1, Code 2001, 3 32 is amended to read as follows: 3 33 The board shall conduct examinations of applicants for 3 34 certificates ofregistrationlicensure as professional 3 35 landscape architects at least once each year, or, if there are 4 1 sufficient applications, at such additional times as the board 4 2 may deem necessary. The examination shall determine the 4 3 ability of the applicant to use and understand the theory and 4 4 practice of landscape architecture and may be divided into 4 5 such subjects as the board deems necessary. The board shall 4 6 determine the annual cost of administering the examinations 4 7 and shall set the fees accordingly. The public members of the 4 8 board shall be allowed to participate in administrative, 4 9 clerical, or ministerial functions incident to giving the 4 10 examination, but shall not determine the content of the 4 11 examination or determine the correctness of the answers. 4 12 Sec. 7. Section 544B.9, Code 2001, is amended to read as 4 13 follows: 4 14 544B.9 APPLICATIONS. 4 15 Any person may apply for a certificate ofregistration4 16 licensure or may apply to take an examination for such 4 17 certification. Applications forregistrationlicensure shall 4 18 be on forms prescribed and furnished by the board, shall 4 19 contain statements made under oath, showing the applicant's 4 20 education and detail summary of the applicant's pertinent 4 21 practical landscape architectural work and experience. The 4 22 board shall not require that a recent photograph of the 4 23 applicant be attached to the application form. An applicant 4 24 shall not be ineligible forregistrationlicensure because of 4 25 age, citizenship, sex, race, religion, marital status, or 4 26 national origin. The board may consider the past felony 4 27 record of an applicant only if the felony conviction relates 4 28 directly to the practice of landscape architecture. Character 4 29 references may be required but shall not be obtained from 4 30 professional landscape architects. An application for 4 31 examination shall be accompanied by an examination fee in the 4 32 amount determined by the board. Each applicant for 4 33registrationlicensure as a professional landscape architect 4 34 shall meet one of the following requirements: 4 35 1. Graduation from a course in landscape architecture in a 5 1 school, college or university offering an accredited minimum 5 2 four-year curriculum in landscape architecture, and a minimum 5 3 of three years of practical experience in landscape 5 4 architectural work which in the opinion of the board is of 5 5 satisfactory character, at least one year of which must be 5 6 under the supervision of aregisteredprofessional landscape 5 7 architect or a person who becomes aregisteredprofessional 5 8 landscape architect within one year after July 1,19752002. 5 9 2. Graduation from a nonaccredited course of landscape 5 10 architecture of a minimum of four years in a school, college 5 11 or university and a minimum of four years of practical 5 12 experience in landscape architectural work which in the 5 13 opinion of the board is of satisfactory character, at least 5 14 one year of which must be under the supervision of a 5 15registeredprofessional landscape architector a person who5 16becomes a registered landscape architect within one year after5 17July 1, 1975. 5 18 3. A minimum of ten years of practical experience in 5 19 landscape architectural work which in the opinion of the board 5 20 is of satisfactory character to properly prepare the applicant 5 21 for the examination. 5 22 A satisfactorily completed year of study in an accredited 5 23 course of landscape architecture in an accredited school, 5 24 college or university may be accepted in lieu of one year of 5 25 practical experience. 5 26 A master's degree from an accredited school, college, or 5 27 university may be accepted in lieu of one year of practical 5 28 experience. 5 29 Any four-year college or university degree may be accepted 5 30 in lieu of two years of practical experience. 5 31 Sec. 8. Section 544B.10, Code 2001, is amended to read as 5 32 follows: 5 33 544B.10 FOREIGN REGISTRANTS. 5 34 Any applicant who holds a license or certificate to 5 35 practice landscape architecture issued to the applicant upon 6 1 examination by a board of examiners in any other state, 6 2 territory, or possession of the United States, the District of 6 3 Columbia, or of any foreign country, if the requirements for 6 4 such license or certificate were, at the time it was issued, 6 5 in the opinion of the board, equal to or higher than the 6 6 requirements of this state, may beregisteredlicensed without 6 7 further examination. 6 8 Sec. 9. Section 544B.11, Code 2001, is amended to read as 6 9 follows: 6 10 544B.11REGISTRATIONLICENSURE. 6 11 When an applicant has complied with the application 6 12 requirements of this chapter and has passed the examination to 6 13 the satisfaction of a majority of theregisteredlicensed 6 14 members of the board, or is a foreign registrant and has 6 15 qualified forregistrationlicensure under this chapter, and 6 16 has paid the requiredregistrationlicensure fee, the 6 17 secretary shall enroll the applicant's name and address in the 6 18 roster ofregisteredprofessional landscape architects and 6 19 issue to the applicant a certificate ofregistration6 20 licensure, signed by the officers of the board. 6 21 Sec. 10. Section 544B.12, Code 2001, is amended to read as 6 22 follows: 6 23 544B.12 SEAL. 6 24 Everyregisteredprofessional landscape architect shall 6 25 have a seal, approved by the board, which shall contain the 6 26 name of the landscape architect and the words "Registered6 27 Professional Landscape Architect, State of Iowa", and such 6 28 other words or figures as the board may deem necessary. All 6 29 landscape architectural plans and specifications, prepared by 6 30 such professional landscape architect or under the supervision 6 31 of such professional landscape architect, shall be dated and 6 32 bear the legible seal of suchregisteredprofessional 6 33 landscape architect. Nothing contained in this section shall 6 34 be construed to permit the seal of a professional landscape 6 35 architect to serve as a substitute for the seal of a licensed 7 1 architect, a licensed professional engineer or land surveyor 7 2 whenever the seal of an architect, engineer or land surveyor 7 3 is required under the laws of this state. 7 4 Sec. 11. Section 544B.13, Code 2001, is amended to read as 7 5 follows: 7 6 544B.13 RENEWALS. 7 7 Certificates ofregistrationlicensure shall expire in 7 8 multiyear intervals as determined by the board.Registered7 9 Professional landscape architects shall renew their 7 10 certificates ofregistrationlicensure and pay a renewal fee 7 11 in the manner and amount prescribed by the board. A person 7 12 who fails to renew a certificate by the expiration date shall 7 13 be allowed to do so within thirty days following its 7 14 expiration, but the board may assess a reasonable penalty. 7 15 Sec. 12. Section 544B.14, unnumbered paragraph 1, Code 7 16 Supplement 2001, is amended to read as follows: 7 17 The board shall set the fees for a certificate of 7 18registrationlicensure as aregisteredprofessional landscape 7 19 architect, and for renewal of a certificate. The fee for a 7 20 certificate ofregistrationlicensure and for renewal of a 7 21 certificate shall be based upon the administrative costs of 7 22 sustaining the board which shall include, but shall not be 7 23 limited to, the costs for: 7 24 Sec. 13. Section 544B.15, Code 2001, is amended to read as 7 25 follows: 7 26 544B.15 SUSPENSION, REVOCATION, OR REPRIMAND. 7 27 The board may by a five-sevenths vote of the entire board, 7 28 suspend for a period not exceeding two years, or revoke the 7 29 certificate ofregistrationlicensure of, or reprimand any 7 30registrantlicensee who is found guilty of the following acts 7 31 or offenses: 7 32 1. Fraud in procuring a certificate ofregistration7 33 licensure. 7 34 2. Professional incompetency. 7 35 3. Knowingly making misleading, deceptive, untrue or 8 1 fraudulent representations in the practice of theregistrant's8 2 licensee's profession or engaging in unethical conduct or 8 3 practice harmful or detrimental to the public. Proof of 8 4 actual injury need not be established. 8 5 4. Habitual intoxication or addiction to the use of drugs. 8 6 5. Conviction of a felony related to the profession or 8 7 occupation of theregistrantlicensee that would affect the 8 8registrant'slicensee's ability to practice professional 8 9 landscape architecture. A copy of the record of conviction or 8 10 plea of guilty is conclusive evidence. 8 11 6. Fraud in representations as to skill or ability. 8 12 7. Use of untruthful or improbable statements in 8 13 advertisements. 8 14 8. Willful or repeated violations of the provisions of 8 15 thisActchapter. 8 16 Sec. 14. Section 544B.16, Code 2001, is amended to read as 8 17 follows: 8 18 544B.16 PROCEDURE. 8 19 A person may file charges with the board against a 8 20 professional landscape architect or the board may initiate 8 21 charges. The charges shall be in writing, sworn to if by a 8 22 complainant other than the board, and filed with the board. 8 23 Unless the charges are dismissed by the board as unfounded or 8 24 trivial, the board may request the department of inspections 8 25 and appeals to conduct an investigation into the charges. The 8 26 department of inspections and appeals shall report its 8 27 findings to the board, and the board shall hold a hearing 8 28 within sixty days after the date on which the charges are 8 29 filed. The board shall fix the time and place for such 8 30 hearing and shall cause a copy of the charges, together with a 8 31 notice of the time and place fixed for the hearing, to be 8 32 served on the accused at least thirty days before the date 8 33 fixed for the hearing. Where personal service cannot be 8 34 effected, service may be effected by publication. At such 8 35 hearing, the accused shall have the right to appear personally 9 1 or by counsel, to cross-examine witnesses against the accused, 9 2 and to produce evidence and witnesses in defense. After the 9 3 hearing, the board may suspend or revoke the certificate of 9 4registrationlicensure. The board may restore the certificate 9 5 ofregistrationlicensure to any person whose certificate of 9 6registrationlicensure has been revoked. Application for the 9 7 restoration of a certificate ofregistrationlicensure shall 9 8 be made in such manner, form and content as the board may 9 9 prescribe. 9 10 Sec. 15. Section 544B.18, Code 2001, is amended to read as 9 11 follows: 9 12 544B.18 UNLAWFUL PRACTICE. 9 13 Any person who uses the words "landscape architect", 9 14 "professional landscape architect", or "landscape architecture 9 15 designer", or any word or any letters or figures indicating or 9 16 tending to imply that the person using the same is a 9 17 professional landscape architect, without having a valid 9 18 certificate ofregistrationlicensure as a professional 9 19 landscape architect issued pursuant to this chapter, or who 9 20 knowingly assists such a person, is guilty of a simple 9 21 misdemeanor. 9 22 Sec. 16. Section 544B.20, subsection 5, Code 2001, is 9 23 amended to read as follows: 9 24 5. To apply to the business conducted in this state by any 9 25 planner, agriculturist, soil conservationist, horticulturist, 9 26 tree expert, arborist, forester, nursery or landscape nursery 9 27 person, gardener, landscape gardener, landscape contractor, 9 28 garden or lawn caretaker, tiling contractor, grader or 9 29 cultivator of land, golf course designer or contractor, or 9 30 similar business. However, such person shall not use the 9 31 designation landscape architect or any title or device 9 32 indicating or representing that such person is a professional 9 33 landscape architect or is practicing landscape architecture 9 34 unless such person isregisteredlicensed under the provisions 9 35 of section 544B.11. 10 1 Sec. 17. Section 544B.21, Code 2001, is amended by 10 2 striking the section and inserting in lieu thereof the 10 3 following: 10 4 544B.21 EXAMINATION NOT REQUIRED. 10 5 Any person who is registered pursuant to this chapter on 10 6 the effective date of this Act shall be issued a license to 10 7 practice as a professional landscape architect. 10 8 10 9 10 10 10 11 BRENT SIEGRIST 10 12 Speaker of the House 10 13 10 14 10 15 10 16 MARY E. KRAMER 10 17 President of the Senate 10 18 10 19 I hereby certify that this bill originated in the House and 10 20 is known as House File 2281, Seventy-ninth General Assembly. 10 21 10 22 10 23 10 24 MARGARET THOMSON 10 25 Chief Clerk of the House 10 26 Approved , 2002 10 27 10 28 10 29 10 30 THOMAS J. VILSACK 10 31 Governor
Text: HF02280 Text: HF02282 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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