Senate Study Bill 1173 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF COMMERCE/BANKING DIVISION BILL) A BILL FOR An Act modifying provisions relating to the licensure of 1 professional landscape architects. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1199XD (4) 88 gh/rn
S.F. _____ H.F. _____ Section 1. Section 544B.3, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. A landscape architectural examining board is created 3 within the professional licensing and regulation bureau of 4 the banking division of the department of commerce. The 5 board consists of five members who are professional landscape 6 architects and two members who are not professional landscape 7 architects and who shall represent the general public. Members 8 shall be appointed by the governor, subject to confirmation 9 by the senate. A Four of the five professional member 10 members shall be actively engaged in the practice of landscape 11 architecture or the teaching of landscape architecture in 12 an accredited college or university, and shall have been so 13 engaged for five years preceding appointment, the last two of 14 which shall have been in Iowa. One of the five professional 15 members shall be actively engaged in the practice of landscape 16 architecture or the teaching of landscape architecture in an 17 accredited college or university, and may have been so engaged 18 for fewer than five years preceding appointment but at least 19 one year preceding appointment. Associations or societies 20 composed of professional landscape architects may recommend the 21 names of potential board members to the governor. However, 22 the governor is not bound by the recommendations. A board 23 member shall not be required to be a member of any professional 24 association or society composed of professional landscape 25 architects. 26 Sec. 2. Section 544B.5, Code 2019, is amended to read as 27 follows: 28 544B.5 Duties. 29 The board shall enforce this chapter , and shall make rules 30 for the examination of applicants for licensure , and, after 31 public notice, shall conduct examinations of applicants for 32 licensure . The board shall keep a record of its proceedings. 33 The board shall adopt an official seal which shall be affixed 34 to all certificates of licensure granted. The board may 35 -1- LSB 1199XD (4) 88 gh/rn 1/ 7
S.F. _____ H.F. _____ make other rules, not inconsistent with law, as necessary 1 for the proper performance of its duties. The board shall 2 maintain a roster showing the name, place of business, and 3 residence, and the date and number of the certificate of 4 licensure of every professional landscape architect in this 5 state. The administrator of the professional licensing and 6 regulation bureau of the banking division of the department of 7 commerce shall hire and provide staff to assist the board in 8 implementing this chapter . 9 Sec. 3. Section 544B.8, subsection 1, Code 2019, is amended 10 to read as follows: 11 1. The board shall conduct examinations of applicants 12 for certificates of licensure as professional landscape 13 architects at least once each year, or, if there are sufficient 14 applications, at such additional times as the board may deem 15 necessary. The examination shall determine the ability of 16 the applicant to use and understand the theory and practice 17 of landscape architecture and may be divided into such 18 subjects as the board deems necessary. The board shall 19 determine the annual cost of administering the examinations 20 and shall set the fees accordingly. A person applying for a 21 certificate of licensure as a professional landscape architect 22 shall satisfactorily pass an examination in technical and 23 professional subjects prescribed by the board. The board 24 may adopt the uniform standardized examination and grading 25 procedures of a national certification body recognized by the 26 board. The examination may be conducted by representatives of 27 the board. The identity of a person taking the examination 28 shall be concealed until after the examination is graded. 29 The fee for examination shall be based on the annual cost 30 of administering the examinations. The public members of 31 the board shall be allowed to participate in administrative, 32 clerical, or ministerial functions incident to giving the 33 examination, but shall not determine the content of the 34 examination or determine the correctness of the answers. 35 -2- LSB 1199XD (4) 88 gh/rn 2/ 7
S.F. _____ H.F. _____ Sec. 4. Section 544B.9, subsection 1, unnumbered paragraph 1 1, Code 2019, is amended to read as follows: 2 Any person may apply for a certificate of licensure or 3 may apply to take an examination for such certification. 4 Applications for licensure shall be on forms prescribed and 5 furnished by the board, shall contain statements made under 6 oath, showing the applicant’s education and detail summary of 7 the applicant’s pertinent practical landscape architectural 8 work and experience. The board shall not require that a recent 9 photograph of the applicant be attached to the application 10 form. An applicant shall not be ineligible for licensure 11 because of age, citizenship, sex, race, religion, marital 12 status, or national origin on the basis of membership in any 13 protected class under chapter 216 . The board may consider 14 the past felony record of an applicant only if the felony 15 conviction relates directly to the practice of landscape 16 architecture. Character references may be required but 17 shall not be obtained from professional landscape architects. 18 An application for examination shall be accompanied by an 19 examination fee in the amount determined by the board. Each 20 applicant for licensure as a professional landscape architect 21 shall meet one of the following requirements: 22 Sec. 5. Section 544B.10, Code 2019, is amended to read as 23 follows: 24 544B.10 Foreign licensees. 25 Any applicant who holds a license or certificate to practice 26 landscape architecture issued to the applicant upon examination 27 by a national certification body recognized by the board 28 as prescribed by rule, or by a board of examiners in any 29 other state, territory, or possession of the United States, 30 the District of Columbia, or of any foreign country, if the 31 requirements for such license or certificate were, at the time 32 it was issued, in the opinion of the board, equal to or higher 33 than the requirements of this state, may be licensed without 34 further examination. 35 -3- LSB 1199XD (4) 88 gh/rn 3/ 7
S.F. _____ H.F. _____ Sec. 6. Section 544B.11, Code 2019, is amended to read as 1 follows: 2 544B.11 Licensure. 3 When an applicant has complied with the application 4 requirements of this chapter and has passed the examination 5 to the satisfaction of a majority of the licensed members 6 of prescribed by the board, or is a foreign registrant and 7 has qualified for licensure under this chapter , and has paid 8 the required licensure fee, the secretary shall enroll the 9 applicant’s name and address in the roster of professional 10 landscape architects and issue to the applicant a certificate 11 of licensure , signed by the officers of the board . 12 Sec. 7. Section 544B.12, Code 2019, is amended to read as 13 follows: 14 544B.12 Seal. 15 Every professional landscape architect shall have a seal , 16 approved by the board, which shall contain the name of the 17 landscape architect and the words “Professional Landscape 18 Architect, State of Iowa”, and such other words or figures as 19 the board may deem necessary. All landscape architectural 20 plans and specifications, prepared by such professional 21 landscape architect or under the supervision of such 22 professional landscape architect, shall be dated and bear the 23 legible seal of such professional landscape architect. Nothing 24 contained in this section shall be construed to permit the seal 25 of a professional landscape architect to serve as a substitute 26 for the seal of a licensed architect, a licensed professional 27 engineer, or a licensed professional land surveyor whenever the 28 seal of an architect, engineer, or land surveyor is required 29 under the laws of this state. 30 Sec. 8. Section 544B.16, Code 2019, is amended to read as 31 follows: 32 544B.16 Procedure. 33 A person may file charges a complaint with the board against 34 a professional landscape architect or the board may initiate 35 -4- LSB 1199XD (4) 88 gh/rn 4/ 7
S.F. _____ H.F. _____ charges a complaint . The charges shall be in writing, sworn 1 to if by a complainant other than the board, and filed with 2 the board. Unless the charges are complaint is dismissed 3 by the board as unfounded or trivial, the board may request 4 the department of inspections and appeals to conduct an 5 investigation into the charges complaint . The department of 6 inspections and appeals shall report its findings to the board, 7 and the board shall hold a hearing within sixty days after the 8 date on which the charges are complaint is filed. The board 9 shall fix the time and place for such hearing and shall cause 10 a copy of the charges complaint , together with a notice of 11 the time and place fixed for the hearing, to be served on the 12 accused at least thirty days before the date fixed for the 13 hearing. Where personal service cannot be effected, service 14 may be effected by publication. At such hearing, the accused 15 shall have the right to appear personally or by counsel, to 16 cross-examine witnesses against the accused, and to produce 17 evidence and witnesses in defense. After the hearing, the 18 board may suspend or revoke the certificate of licensure. The 19 board may restore the certificate of licensure to any person 20 whose certificate of licensure has been revoked. Application 21 for the restoration of a certificate of licensure shall be made 22 in such manner, form, and content as the board may prescribe. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill modifies provisions in Code chapter 544B, relating 27 to the licensure of professional landscape architects by the 28 landscape architectural examining board. 29 Current law requires all five professional members of the 30 board to be actively engaged in the practice or teaching of 31 landscape architecture for five years preceding appointment to 32 the board, the last two of which in Iowa. The bill provides 33 that one of the five professional members may be actively 34 engaged in the practice or teaching of landscape architecture 35 -5- LSB 1199XD (4) 88 gh/rn 5/ 7
S.F. _____ H.F. _____ for fewer than five years preceding appointment to the board 1 but at least one year preceding appointment. 2 The bill removes language providing that the board shall 3 conduct examinations for licensure after providing public 4 notice. The bill also removes language providing that the 5 board shall conduct examinations for licensure at least once a 6 year. The bill provides that the board may adopt the uniform 7 standardized examination and grading procedures of a national 8 certification body recognized by the board. The bill provides 9 that the examination may be conducted by representatives of the 10 board. The bill provides that the identity of persons taking 11 the examination shall be concealed until after examinations are 12 graded. 13 Current law provides than an applicant for licensure shall 14 not be ineligible for licensure because of age, citizenship, 15 sex, race, religion, marital status, or national origin. 16 The bill broadens this prohibition by providing that an 17 applicant shall not be ineligible for licensure on the basis of 18 membership in any protected class under Code chapter 216, the 19 Iowa civil rights Act. 20 The bill allows an applicant for licensure holding a license 21 or certificate to practice landscape architecture issued upon 22 examination by a national certification body recognized by 23 the board as prescribed by rule, in addition to examination 24 by another state or foreign country, to be licensed in Iowa 25 without further examination under certain circumstances. 26 The bill removes language providing that a certificate 27 of licensure shall be signed by the officers of the board. 28 The bill also removes language providing that the seal of a 29 professional landscape architect shall be approved by the 30 board. 31 The bill replaces the term “charge” with “complaint” in Code 32 section 544B.16, which establishes a procedure for complaints 33 against professional landscape architects. The bill removes 34 language requiring a complaint against a professional landscape 35 -6- LSB 1199XD (4) 88 gh/rn 6/ 7
S.F. _____ H.F. _____ architect by a person other than the board to be sworn to and 1 in writing. 2 -7- LSB 1199XD (4) 88 gh/rn 7/ 7