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House Study Bill 94 - IntroducedA Bill ForAn Act 1modifying provisions relating to the licensure of
2professional landscape architects.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 544B.3, subsection 1, Code 2019, is
2amended to read as follows:
31. A landscape architectural examining board is created
4within the professional licensing and regulation bureau of
5the banking division of the department of commerce. The
6board consists of five members who are professional landscape
7architects and two members who are not professional landscape
8architects and who shall represent the general public. Members
9shall be appointed by the governor, subject to confirmation
10by the senate. A Four of the five professional member
11 members shall be actively engaged in the practice of landscape
12architecture or the teaching of landscape architecture in
13an accredited college or university, and shall have been so
14engaged for five years preceding appointment, the last two of
15which shall have been in Iowa. One of the five professional
16members shall be actively engaged in the practice of landscape
17architecture or the teaching of landscape architecture in an
18accredited college or university, and may have been so engaged
19for fewer than five years preceding appointment but at least
20one year preceding appointment. Associations or societies
21composed of professional landscape architects may recommend the
22names of potential board members to the governor. However,
23the governor is not bound by the recommendations. A board
24member shall not be required to be a member of any professional
25association or society composed of professional landscape
26architects.
27 Sec. 2. Section 544B.5, Code 2019, is amended to read as
28follows:
29544B.5 Duties.
30The board shall enforce this chapter, and shall make rules
31for the examination of applicants for licensure, and, after
32public notice, shall conduct examinations of applicants for
33licensure. The board shall keep a record of its proceedings.
34The board shall adopt an official seal which shall be affixed
35to all certificates of licensure granted. The board may
-1-1make other rules, not inconsistent with law, as necessary
2for the proper performance of its duties. The board shall
3maintain a roster showing the name, place of business, and
4residence, and the date and number of the certificate of
5licensure of every professional landscape architect in this
6state. The administrator of the professional licensing and
7regulation bureau of the banking division of the department of
8commerce shall hire and provide staff to assist the board in
9implementing this chapter.
10 Sec. 3. Section 544B.8, subsection 1, Code 2019, is amended
11to read as follows:
121. The board shall conduct examinations of applicants
13for certificates of licensure as professional landscape
14architects at least once each year, or, if there are sufficient
15applications, at such additional times as the board may deem
16necessary. The examination shall determine the ability of
17the applicant to use and understand the theory and practice
18of landscape architecture and may be divided into such
19subjects as the board deems necessary. The board shall
20determine the annual cost of administering the examinations
21and shall set the fees accordingly. A person applying for a
22certificate of licensure as a professional landscape architect
23shall satisfactorily pass an examination in technical and
24professional subjects prescribed by the board. The board
25may adopt the uniform standardized examination and grading
26procedures of a national certification body recognized by the
27board. The examination may be conducted by representatives of
28the board. The identity of a person taking the examination
29shall be concealed until after the examination is graded.
30The fee for examination shall be based on the annual cost
31of administering the examinations. The public members of
32the board shall be allowed to participate in administrative,
33clerical, or ministerial functions incident to giving the
34examination, but shall not determine the content of the
35examination or determine the correctness of the answers.
-2-1 Sec. 4. Section 544B.9, subsection 1, unnumbered paragraph
21, Code 2019, is amended to read as follows:
3Any person may apply for a certificate of licensure or
4may apply to take an examination for such certification.
5Applications for licensure shall be on forms prescribed and
6furnished by the board, shall contain statements made under
7oath, showing the applicant’s education and detail summary of
8the applicant’s pertinent practical landscape architectural
9work and experience. The board shall not require that a recent
10photograph of the applicant be attached to the application
11form. An applicant shall not be ineligible for licensure
12because of age, citizenship, sex, race, religion, marital
13status, or national origin on the basis of membership in any
14protected class under chapter 216. The board may consider
15the past felony record of an applicant only if the felony
16conviction relates directly to the practice of landscape
17architecture. Character references may be required but
18shall not be obtained from professional landscape architects.
19An application for examination shall be accompanied by an
20examination fee in the amount determined by the board. Each
21applicant for licensure as a professional landscape architect
22shall meet one of the following requirements:
23 Sec. 5. Section 544B.10, Code 2019, is amended to read as
24follows:
25544B.10 Foreign licensees.
26Any applicant who holds a license or certificate to practice
27landscape architecture issued to the applicant upon examination
28by a national certification body recognized by the board
29as prescribed by rule, or by a board of examiners in any
30other state, territory, or possession of the United States,
31the District of Columbia, or of any foreign country, if the
32requirements for such license or certificate were, at the time
33it was issued, in the opinion of the board, equal to or higher
34than the requirements of this state, may be licensed without
35further examination.
-3-1 Sec. 6. Section 544B.11, Code 2019, is amended to read as
2follows:
3544B.11 Licensure.
4When an applicant has complied with the application
5requirements of this chapter and has passed the examination
6to the satisfaction of a majority of the licensed members
7of prescribed by the board, or is a foreign registrant and
8has qualified for licensure under this chapter, and has paid
9the required licensure fee, the secretary shall enroll the
10applicant’s name and address in the roster of professional
11landscape architects and issue to the applicant a certificate
12of licensure, signed by the officers of the board.
13 Sec. 7. Section 544B.12, Code 2019, is amended to read as
14follows:
15544B.12 Seal.
16Every professional landscape architect shall have a seal,
17approved by the board, which shall contain the name of the
18landscape architect and the words “Professional Landscape
19Architect, State of Iowa”, and such other words or figures as
20the board may deem necessary. All landscape architectural
21plans and specifications, prepared by such professional
22landscape architect or under the supervision of such
23professional landscape architect, shall be dated and bear the
24legible seal of such professional landscape architect. Nothing
25contained in this section shall be construed to permit the seal
26of a professional landscape architect to serve as a substitute
27for the seal of a licensed architect, a licensed professional
28engineer, or a licensed professional land surveyor whenever the
29seal of an architect, engineer, or land surveyor is required
30under the laws of this state.
31 Sec. 8. Section 544B.16, Code 2019, is amended to read as
32follows:
33544B.16 Procedure.
34A person may file charges a complaint with the board against
35a professional landscape architect or the board may initiate
-4-1charges a complaint. The charges shall be in writing, sworn
2to if by a complainant other than the board, and filed with
3the board. Unless the charges are complaint is dismissed
4by the board as unfounded or trivial, the board may request
5the department of inspections and appeals to conduct an
6investigation into the charges complaint. The department of
7inspections and appeals shall report its findings to the board,
8and the board shall hold a hearing within sixty days after the
9date on which the charges are complaint is filed. The board
10shall fix the time and place for such hearing and shall cause
11a copy of the charges complaint, together with a notice of
12the time and place fixed for the hearing, to be served on the
13accused at least thirty days before the date fixed for the
14hearing. Where personal service cannot be effected, service
15may be effected by publication. At such hearing, the accused
16shall have the right to appear personally or by counsel, to
17cross-examine witnesses against the accused, and to produce
18evidence and witnesses in defense. After the hearing, the
19board may suspend or revoke the certificate of licensure. The
20board may restore the certificate of licensure to any person
21whose certificate of licensure has been revoked. Application
22for the restoration of a certificate of licensure shall be made
23in such manner, form, and content as the board may prescribe.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill modifies provisions in Code chapter 544B, relating
28to the licensure of professional landscape architects by the
29landscape architectural examining board.
30Current law requires all five professional members of the
31board to be actively engaged in the practice or teaching of
32landscape architecture for five years preceding appointment to
33the board, the last two of which in Iowa. The bill provides
34that one of the five professional members may be actively
35engaged in the practice or teaching of landscape architecture
-5-1for fewer than five years preceding appointment to the board
2but at least one year preceding appointment.
3The bill removes language providing that the board shall
4conduct examinations for licensure after providing public
5notice. The bill also removes language providing that the
6board shall conduct examinations for licensure at least once a
7year. The bill provides that the board may adopt the uniform
8standardized examination and grading procedures of a national
9certification body recognized by the board. The bill provides
10that the examination may be conducted by representatives of the
11board. The bill provides that the identity of persons taking
12the examination shall be concealed until after examinations are
13graded.
14Current law provides than an applicant for licensure shall
15not be ineligible for licensure because of age, citizenship,
16sex, race, religion, marital status, or national origin.
17The bill broadens this prohibition by providing that an
18applicant shall not be ineligible for licensure on the basis of
19membership in any protected class under Code chapter 216, the
20Iowa civil rights Act.
21The bill allows an applicant for licensure holding a license
22or certificate to practice landscape architecture issued upon
23examination by a national certification body recognized by
24the board as prescribed by rule, in addition to examination
25by another state or foreign country, to be licensed in Iowa
26without further examination under certain circumstances.
27The bill removes language providing that a certificate
28of licensure shall be signed by the officers of the board.
29The bill also removes language providing that the seal of a
30professional landscape architect shall be approved by the
31board.
32The bill replaces the term “charge” with “complaint” in Code
33section 544B.16, which establishes a procedure for complaints
34against professional landscape architects. The bill removes
35language requiring a complaint against a professional landscape
-6-1architect by a person other than the board to be sworn to and
2in writing.
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2professional landscape architects.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 544B.3, subsection 1, Code 2019, is
2amended to read as follows:
31. A landscape architectural examining board is created
4within the professional licensing and regulation bureau of
5the banking division of the department of commerce. The
6board consists of five members who are professional landscape
7architects and two members who are not professional landscape
8architects and who shall represent the general public. Members
9shall be appointed by the governor, subject to confirmation
10by the senate. A Four of the five professional member
11 members shall be actively engaged in the practice of landscape
12architecture or the teaching of landscape architecture in
13an accredited college or university, and shall have been so
14engaged for five years preceding appointment, the last two of
15which shall have been in Iowa. One of the five professional
16members shall be actively engaged in the practice of landscape
17architecture or the teaching of landscape architecture in an
18accredited college or university, and may have been so engaged
19for fewer than five years preceding appointment but at least
20one year preceding appointment. Associations or societies
21composed of professional landscape architects may recommend the
22names of potential board members to the governor. However,
23the governor is not bound by the recommendations. A board
24member shall not be required to be a member of any professional
25association or society composed of professional landscape
26architects.
27 Sec. 2. Section 544B.5, Code 2019, is amended to read as
28follows:
29544B.5 Duties.
30The board shall enforce this chapter, and shall make rules
31for the examination of applicants for licensure, and, after
32public notice, shall conduct examinations of applicants for
33licensure. The board shall keep a record of its proceedings.
34The board shall adopt an official seal which shall be affixed
35to all certificates of licensure granted. The board may
-1-1make other rules, not inconsistent with law, as necessary
2for the proper performance of its duties. The board shall
3maintain a roster showing the name, place of business, and
4residence, and the date and number of the certificate of
5licensure of every professional landscape architect in this
6state. The administrator of the professional licensing and
7regulation bureau of the banking division of the department of
8commerce shall hire and provide staff to assist the board in
9implementing this chapter.
10 Sec. 3. Section 544B.8, subsection 1, Code 2019, is amended
11to read as follows:
121. The board shall conduct examinations of applicants
13for certificates of licensure as professional landscape
14architects at least once each year, or, if there are sufficient
15applications, at such additional times as the board may deem
16necessary. The examination shall determine the ability of
17the applicant to use and understand the theory and practice
18of landscape architecture and may be divided into such
19subjects as the board deems necessary. The board shall
20determine the annual cost of administering the examinations
21and shall set the fees accordingly. A person applying for a
22certificate of licensure as a professional landscape architect
23shall satisfactorily pass an examination in technical and
24professional subjects prescribed by the board. The board
25may adopt the uniform standardized examination and grading
26procedures of a national certification body recognized by the
27board. The examination may be conducted by representatives of
28the board. The identity of a person taking the examination
29shall be concealed until after the examination is graded.
30The fee for examination shall be based on the annual cost
31of administering the examinations. The public members of
32the board shall be allowed to participate in administrative,
33clerical, or ministerial functions incident to giving the
34examination, but shall not determine the content of the
35examination or determine the correctness of the answers.
-2-1 Sec. 4. Section 544B.9, subsection 1, unnumbered paragraph
21, Code 2019, is amended to read as follows:
3Any person may apply for a certificate of licensure or
4may apply to take an examination for such certification.
5Applications for licensure shall be on forms prescribed and
6furnished by the board, shall contain statements made under
7oath, showing the applicant’s education and detail summary of
8the applicant’s pertinent practical landscape architectural
9work and experience. The board shall not require that a recent
10photograph of the applicant be attached to the application
11form. An applicant shall not be ineligible for licensure
12because of age, citizenship, sex, race, religion, marital
13status, or national origin on the basis of membership in any
14protected class under chapter 216. The board may consider
15the past felony record of an applicant only if the felony
16conviction relates directly to the practice of landscape
17architecture. Character references may be required but
18shall not be obtained from professional landscape architects.
19An application for examination shall be accompanied by an
20examination fee in the amount determined by the board. Each
21applicant for licensure as a professional landscape architect
22shall meet one of the following requirements:
23 Sec. 5. Section 544B.10, Code 2019, is amended to read as
24follows:
25544B.10 Foreign licensees.
26Any applicant who holds a license or certificate to practice
27landscape architecture issued to the applicant upon examination
28by a national certification body recognized by the board
29as prescribed by rule, or by a board of examiners in any
30other state, territory, or possession of the United States,
31the District of Columbia, or of any foreign country, if the
32requirements for such license or certificate were, at the time
33it was issued, in the opinion of the board, equal to or higher
34than the requirements of this state, may be licensed without
35further examination.
-3-1 Sec. 6. Section 544B.11, Code 2019, is amended to read as
2follows:
3544B.11 Licensure.
4When an applicant has complied with the application
5requirements of this chapter and has passed the examination
6to the satisfaction of a majority of the licensed members
7of prescribed by the board, or is a foreign registrant and
8has qualified for licensure under this chapter, and has paid
9the required licensure fee, the secretary shall enroll the
10applicant’s name and address in the roster of professional
11landscape architects and issue to the applicant a certificate
12of licensure, signed by the officers of the board.
13 Sec. 7. Section 544B.12, Code 2019, is amended to read as
14follows:
15544B.12 Seal.
16Every professional landscape architect shall have a seal,
17approved by the board, which shall contain the name of the
18landscape architect and the words “Professional Landscape
19Architect, State of Iowa”, and such other words or figures as
20the board may deem necessary. All landscape architectural
21plans and specifications, prepared by such professional
22landscape architect or under the supervision of such
23professional landscape architect, shall be dated and bear the
24legible seal of such professional landscape architect. Nothing
25contained in this section shall be construed to permit the seal
26of a professional landscape architect to serve as a substitute
27for the seal of a licensed architect, a licensed professional
28engineer, or a licensed professional land surveyor whenever the
29seal of an architect, engineer, or land surveyor is required
30under the laws of this state.
31 Sec. 8. Section 544B.16, Code 2019, is amended to read as
32follows:
33544B.16 Procedure.
34A person may file charges a complaint with the board against
35a professional landscape architect or the board may initiate
-4-1charges a complaint. The charges shall be in writing, sworn
2to if by a complainant other than the board, and filed with
3the board. Unless the charges are complaint is dismissed
4by the board as unfounded or trivial, the board may request
5the department of inspections and appeals to conduct an
6investigation into the charges complaint. The department of
7inspections and appeals shall report its findings to the board,
8and the board shall hold a hearing within sixty days after the
9date on which the charges are complaint is filed. The board
10shall fix the time and place for such hearing and shall cause
11a copy of the charges complaint, together with a notice of
12the time and place fixed for the hearing, to be served on the
13accused at least thirty days before the date fixed for the
14hearing. Where personal service cannot be effected, service
15may be effected by publication. At such hearing, the accused
16shall have the right to appear personally or by counsel, to
17cross-examine witnesses against the accused, and to produce
18evidence and witnesses in defense. After the hearing, the
19board may suspend or revoke the certificate of licensure. The
20board may restore the certificate of licensure to any person
21whose certificate of licensure has been revoked. Application
22for the restoration of a certificate of licensure shall be made
23in such manner, form, and content as the board may prescribe.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill modifies provisions in Code chapter 544B, relating
28to the licensure of professional landscape architects by the
29landscape architectural examining board.
30Current law requires all five professional members of the
31board to be actively engaged in the practice or teaching of
32landscape architecture for five years preceding appointment to
33the board, the last two of which in Iowa. The bill provides
34that one of the five professional members may be actively
35engaged in the practice or teaching of landscape architecture
-5-1for fewer than five years preceding appointment to the board
2but at least one year preceding appointment.
3The bill removes language providing that the board shall
4conduct examinations for licensure after providing public
5notice. The bill also removes language providing that the
6board shall conduct examinations for licensure at least once a
7year. The bill provides that the board may adopt the uniform
8standardized examination and grading procedures of a national
9certification body recognized by the board. The bill provides
10that the examination may be conducted by representatives of the
11board. The bill provides that the identity of persons taking
12the examination shall be concealed until after examinations are
13graded.
14Current law provides than an applicant for licensure shall
15not be ineligible for licensure because of age, citizenship,
16sex, race, religion, marital status, or national origin.
17The bill broadens this prohibition by providing that an
18applicant shall not be ineligible for licensure on the basis of
19membership in any protected class under Code chapter 216, the
20Iowa civil rights Act.
21The bill allows an applicant for licensure holding a license
22or certificate to practice landscape architecture issued upon
23examination by a national certification body recognized by
24the board as prescribed by rule, in addition to examination
25by another state or foreign country, to be licensed in Iowa
26without further examination under certain circumstances.
27The bill removes language providing that a certificate
28of licensure shall be signed by the officers of the board.
29The bill also removes language providing that the seal of a
30professional landscape architect shall be approved by the
31board.
32The bill replaces the term “charge” with “complaint” in Code
33section 544B.16, which establishes a procedure for complaints
34against professional landscape architects. The bill removes
35language requiring a complaint against a professional landscape
-6-1architect by a person other than the board to be sworn to and
2in writing.
-7-gh/rn