Senate Bill No. 365
(By Senator Rowe)
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[Introduced January 27, 2003; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact sections six, seven and eight, article
twenty-two, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section, designated
section eighteen, all relating to landscape architects
generally; and providing that the board of landscape
architects set certain fees by rule.
Be it enacted by the Legislature of West Virginia:
That sections six, seven and eight, article twenty-two,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and that
said article be further amended by adding thereto a new section,
designated section eighteen, all to read as follows:
ARTICLE 22. LANDSCAPE ARCHITECTS.
§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) be a holder of an undergraduate degree or
graduate degree in landscape architecture from an accredited
institution of higher learning, 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 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 landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape
architect; or (ii) 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 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 or she
satisfies the board that he remains qualified to engage in the
practice of landscape architecture; and
(2) 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 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 or she
regularly engaged in the practice of landscape architecture as a
principal livelihood, shall may
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 or she
files such application with the board within
three years from and after the effective date of this article.
(d) 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.
§30-22-7. Issuance of license; renewal of license; renewal fee;
duplicate license; display of license; seal.
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 of each year, but shall be 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 of the year
of expiration, an additional renewal fee of fifteen dollars must
accompany such application: Provided, however, That 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.
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 a
landscape architect, shall have
such a
seal affixed thereto: Provided further, That nothing
contained in this article shall 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 an
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.
§30-22-18. Fees.
The board shall prescribe and publish, in the manner
established by its rules, fees in amounts determined by the board
for the following purposes:
(a) Application for examination;
(b) Initial license fee;
(c) Renewal of license fee;
(d) Late renewal fee; and,
(e) Temporary permit fee.
These fees shall be commensurate with the cost of fulfilling
the duties of the board as defined by this article.
NOTE: The purpose of this bill is to
provide that the board
of landscape architects set certain fees by rule.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Section eighteen is new; therefore, strike-throughs and
underscoring have been omitted.