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Introduced Version House Bill 3031 History

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hb3031 intr
H. B. 3031


(By Delegates Beane, Butcher, Martin,
Perdue and Yost)
[Introduced March 15, 2005; referred to the
Committee on Government Organization.]



A BILL to amend and reenact §30-22-1, §30-22-2, §30-22-3, §30-22-6, §30-22-7 and §30-22-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-22-19, all relating to landscape architects ; prohibiting unlicensed practice of landscape architecture; revising licensure requirements; providing for fees to be set by legislative rule; providing for reinstatement of licenses; providing for rule-making authority; and making technical corrections.

Be it enacted by the Legislature of West Virginia:
That §30-22-1, §30-22-2, §30-22-3, §30-22-6, §30-22-7 and §30-22-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-22-19, all to read as follows:
ARTICLE 22. LANDSCAPE ARCHITECTS.

§30-22-1. Legislative findings and declaration of public policy.

In order to safeguard the health, safety and welfare of the public, The the Legislature of the State of West Virginia hereby determines and finds that the regulation of the practice of landscape architecture is in the public interest. persons should not hold themselves out as It is unlawful for any person to practice or offer to practice landscape architects architecture in this state without the requisite experience and training. and without adequate regulation and control. It is therefore declared to be the public policy of this state that the practice of landscape architecture affects the general welfare and public interest of the state and its citizens; that persons without the necessary qualifications, training and education should not practice landscape architecture, nor hold themselves out to the public as landscape architects; and that the evils of such unauthorized and unqualified representations may be best prevented and the interest of the public best served by regulating the practice of landscape architecture and controlling such representations as provided in this article.
§30-22-2. Definitions.

(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Applicant" means any person making application for an original or renewal license or a temporary permit under the provisions of this article.
(2) "Licensee" or "landscape architect" means any person holding a license or a temporary permit issued under the provisions of this article and hence licensed to practice landscape architecture in the State of West Virginia under the provisions of this article.
(3) "Board" means the West Virginia State Board of Landscape Architects created in section four of this article.
(4) "Examination" means the examination in landscape architecture required by subdivision (5), subsection (a), section six of this article.
(5) "LAAB" means the Landscape Architecture Accreditation Board, or its successor.
(5) (6) "Landscape architecture" means the performance of professional services, including, but not limited to, consultations, research, planning, design or responsible supervision in connection with the development of land, where the dominant purpose of such professional services is the preservation, enhancement or determination of:
(i) Land uses;
(ii) Natural land features;
(iii) Ground cover and planting;
(iv) Naturalistic and aesthetic value;
(v) Settings and approaches to structures or other improvements;
(vi) Natural drainage; and
(vii) Consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight or other hazard.
(b) The practice of landscape architecture shall include includes the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in the above definition of such the term, but shall does not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture; and shall does not include the making of final land plats for official approval or recording: Provided, That nothing contained herein shall preclude precludes a landscape architect from performing any of the services described in the foregoing provisions of this subsection in connection with the settings, approaches or surroundings for buildings, structures or facilities.
§30-22-3. License to practice landscape architecture required.

On and after July one, one thousand nine hundred seventy- one two thousand five, no person shall may practice or offer to practice landscape architecture, nor hold himself or herself out to the public as a landscape architect unless and until he or she shall first obtain obtains a license or temporary permit in accordance with the provisions of this article, which license or temporary permit remains unexpired, unsuspended and unrevoked.
§30-22-6. Qualifications of applicants; exceptions; applications; fee.

(a) To be eligible for a license as a landscape architect, the applicant must:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Not, within the next preceding twelve months, have had his or her application for a license or a certificate or for registration to engage in the practice of landscape architecture or as a landscape architect refused, suspended or revoked in any state of the United States;
(4) Either (i) (A) be a holder of an undergraduate degree or graduate degree in landscape architecture from an accredited institution of higher learning accredited by LAAB or by an organization considered by the Board to be equivalent, with adequate course study at such an institution in landscape architecture, the adequacy of any such course study to be determined by the Board, and when the degree held is an undergraduate degree, have had at least two years' experience subsequent to receiving such a degree in the practice of landscape architecture under the supervision of a licensed landscape architect or a person having qualifications acceptable to the Board and similar to the qualifications of a landscape architect and, when the degree held is a graduate degree, have had at least one year's experience subsequent to receiving such the graduate degree in the practice of landscape architecture under the supervision of a licensed landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or (ii) (B) have had at least ten years' experience in the practice of landscape architecture, of a grade and character to qualify him or her to assume responsibility for the work involved in the practice of landscape architecture, at least six years of which shall have been under the supervision of a licensed landscape architect or a person having qualifications acceptable to the Board and similar to the qualifications of a landscape architect; and
(5) Have passed the examination prescribed by the Board, which examination shall cover the theory and practice of landscape architecture.
(b) The following persons shall be eligible for a license as a landscape architect without examination:
(1) Any person who was once licensed under the provisions of this article, who temporarily abandoned the practice of landscape architecture and did not renew his license, provided he satisfies the board that he remains qualified to engage in the practice of landscape architecture; and
(2) The Board may issue a reciprocal license to Any any person who holds a license or certificate or is registered to engage in the practice of landscape architecture issued by or effected in any other state, the requirements for which license, certificate or registration are found by the Board to be at least as great as equivalent to or greater than those provided in this article.
(c) Any person meeting the qualifications set forth in subdivisions (1), (2) and (3), subsection (a) of this section who submits evidence satisfactory to the board that for at least one year prior to the effective date of this article he regularly engaged in the practice of landscape architecture as a principal livelihood shall be entitled to be licensed under the provisions of this article, without meeting the qualifications set forth in subdivisions (4) and (5), subsection (a) of this section, if he files such application with the board within three years from and after the effective date of this article.
(d) (c) Any applicant for any such license shall submit an application therefor at such any time (subject to the time limitation set forth in subsection (c) of this section), in such a manner, on such forms and containing such any information as the Board may from time to time by reasonable rule and regulation prescribe, and pay to the Board a license fee of forty dollars, which fee shall be returned to the applicant if he or she is denied a license.
(d)
A person licensed under the provisions of this article as of the reenactment of this section in the year two thousand five will be considered to have met the requirements set forth in subdivisions (4) and (5), subsection (a) of this section for purposes of license renewal .
§30-22-7. Issuance of license; renewal of license; renewal fee; duplicate license; display of license; reinstatement of license; seal.

(a) Whenever the Board finds that an applicant meets all of the requirements of this article for a license as a landscape architect, it shall forthwith issue to him or her such a license; and otherwise the Board shall deny the same. Licenses shall expire on June thirty thirtieth of each year, but shall be are renewable each year without examination upon application for renewal on a form prescribed by and filed with the Board and payment to the Board of an annual renewal fee in such amount as may be prescribed by the Board: not to exceed fifty dollars: Provided, That if application for renewal is filed with the Board after June thirty thirtieth of the year of expiration, an additional renewal fee of fifteen dollars must accompany such the application: Provided, however, That, subject to the provisions of subsection (d) of section six of this article, the Board may deny an application for renewal for any reason which would justify the denial of an original application for a license. A duplicate license may be obtained upon the payment to the Board of a fee. of ten dollars. The Board shall prescribe the form of licenses and each license shall be conspicuously displayed by the licensee at his or her principal place of practice.
(b) The Board may reinstate a license which has lapsed, upon the licensee's satisfactory explanation for the failure to renew, payment of a reinstatement fee and satisfaction of all requirements lawfully imposed by the Board.
(c) Every person licensed under the provisions of this article as a landscape architect shall have a seal, approved by the Board, which shall contain the name of the licensee and the words "Professional Landscape Architect, State of West Virginia" and such other words or figures as the Board may prescribe. All working drawings and specifications, prepared by such a landscape architect or under the supervision of such landscape architect, shall have such a seal affixed: thereto: Provided, further, That nothing contained in this article shall may be construed to permit the seal of a landscape architect to serve as a substitute for the seal of an architect, an engineer or a land surveyor whenever the seal of such architect, engineer or land surveyor is required by law.
§30-22-8. Temporary permits.

(a) Upon proper application the Board may issue, without examination, a temporary permit as a landscape architect, pending examination, to an applicant who meets the qualifications of subdivisions (1), (2), (3) and (4), subsection (a), section six of this article, which temporary permit shall expire thirty days after the Board gives written notice of the results of the examination held next following the issuance of such temporary permit, and such permit may not be renewed nor another thereof issued to the same person.
(b) The fee for such temporary permit shall be fifteen dollars.
§30-22-19. Rule-making authority.
(a) The Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for:
(1) Licensure requirements, including requirements for applications, examinations, reciprocity, renewals, temporary permits and reinstatement;
(2) Fees for applications for examinations, initial licenses, renewals of licenses, applications for reciprocal licenses, late renewals, verifications of licenses, certifications of licenses or scores, applications for temporary permits, duplicate certificate fees, and other fees for services provided by the Board.
(3) Experience, education and continuing education requirements and approval of courses; and
(4) Any other purpose to carry out the requirements of this article.
(b) Any rules and any fee schedules in effect as of the enactment of this section will remain in effect until amended, modified, repealed or replaced.


Note: The purpose of this bill is to prohibit unlicensed practice of landscape architecture; revise licensure requirements; provide for fees to be set by legislative rule; provide for reinstatement of licenses; provide for rule-making authority; and make technical corrections.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§30-22-19 is new; therefore, strike-throughs and underscoring have been omitted.

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