Alabama 2022 Regular Session

Alabama House Bill HB348 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB348
2	2	2 216026-1
3	3	3 By Representatives Moore (P) and Sanderford
4	4	4 RFD: Boards, Agencies and Commissions
5	5	5 First Read: 15-FEB-22
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7	7	Page 0 1 216026-1:n:02/08/2022:KMS/cr LSA2021-2516
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14	14	8 SYNOPSIS: Under existing law, the Alabama State Board
15	15	9 of Examiners of Landscape Architects licenses and
16	16	10 regulates the practice of Landscape Architecture in
17	17	11 the state.
18	18	12 This bill would provide further for the use
19	19	13 of the title "landscape architect" by individuals
20	20	14 and certain business entities.
21	21	15 This bill would authorize the board to
22	22	16 institute proceedings to seek injunctive relief for
23	23	17 violations of the licensing law.
24	24	18 This bill would provide further for expired
25	25	19 and inactive status licenses, and requirements for
26	26	20 reactivation.
27	27	21 This bill would also provide fees for the
28	28	22 reinstatement of a license and for maintaining an
29	29	23 inactive license.
30	30	24
31	31	25 A BILL
32	32	26 TO BE ENTITLED
33	33	27 AN ACT
34	34	Page 1 1
35	35	2 Relating to the Alabama Board of Examiners of
36	36	3 Landscape Architects; to amend Sections 34-17-4, 34-17-7,
37	37	4 34-17-24, and 34-17-25, Code of Alabama 1975, to provide
38	38	5 further for the use of the title "landscape architect" by
39	39	6 individuals and certain business entities; to authorize the
40	40	7 board to institute proceedings to seek injunctive relief for
41	41	8 violations of the licensing law; to provide further for
42	42	9 expired and inactive status licenses, and requirements for
43	43	10 reactivation; and to provide fees for the reinstatement of a
44	44	11 license and for maintaining an inactive status license.
45	45	12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
46	46	13 Section 1. Sections 34-17-4, 34-17-7, 34-17-24, and
47	47	14 34-17-25 of the Code of Alabama 1975, are amended to read as
48	48	15 follows:
49	49	16 "§34-17-4.
50	50	17 "(a) A corporation or partnership, as such, may not
51	51	18 be licensed or registered to practice landscape architecture,
52	52	19 but may, if issued a certificate of authorization by the
53	53	20 board, use any form of the title "landscape architect" in
54	54	21 connection with the corporate or partnership name.
55	55	22 "(b)(a) The right to engage in the practice of
56	56	23 landscape architecture is a personal right, based upon the
57	57	24 qualifications of the individual evidenced by his or her
58	58	25 license and is not transferable. All final drawings,
59	59	26 specifications, plans, reports, or other papers or documents
60	60	27 involving the practice of landscape architecture, as defined
61	61	Page 2 1 in Section 34-17-1, when issued or filed for public record,
62	62	2 shall be dated and bear the signature and seal of the
63	63	3 landscape architect or landscape architects who prepared or
64	64	4 approved them.
65	65	5 "(c) Nothing in subsections (a) and (b) of this
66	66	6 section shall be construed to prevent the formation of
67	67	7 partnerships and corporations as a vehicle for the practice of
68	68	8 landscape architecture subject to all the following
69	69	9 conditions:
70	70	10 "(1) The practice of or offer to practice landscape
71	71	11 architecture for others as defined in Section 34-17-1 by
72	72	12 individual landscape architects licensed under this chapter
73	73	13 through a corporation as officers, employees, or agents, or
74	74	14 through a partnership as partners, officers, employees, or
75	75	15 agents, or the offering or rendering of landscape architecture
76	76	16 services by a corporation or partnership through individual
77	77	17 landscape architects licensed under this chapter is permitted,
78	78	18 subject to the provisions of this chapter if all the following
79	79	19 requirements are satisfied:
80	80	20 "(b) A corporation or partnership may be formed as a
81	81	21 vehicle for the practice of landscape architecture, and may
82	82	22 use any form of the title "landscape architect" in connection
83	83	23 with the corporate or partnership name if both of the
84	84	24 following conditions are satisfied:
85	85	25 "a.(1) One or more of the corporate officers in the
86	86	26 case of a corporation, or one or more of the partners in the
87	87	27 case of a partnership, is designated as being responsible for
88	88	Page 3 1 the professional services described in Section 34-17-1 of the
89	89	2 corporation or partnership and is a landscape architect under
90	90	3 this chapter.
91	91	4 "b.(2) All personnel of the corporation or
92	92	5 partnership, who act in its behalf as landscape architects,
93	93	6 are licensed under this chapter.
94	94	7 "c. The corporation or partnership has been issued a
95	95	8 certificate of authorization by the board, as hereinafter
96	96	9 provided.
97	97	10 "The requirements of this chapter shall not prevent
98	98	11 a corporation and its employees from performing landscape
99	99	12 architectural services for the corporation, subsidiary, or
100	100	13 affiliated corporations.
101	101	14 "(2) A corporation or partnership (c) An individual
102	102	15 desiring a certificate of authorization to use any form of the
103	103	16 title "landscape architect" in connection with a corporate or
104	104	17 partnership name, shall file with the board an, as part of his
105	105	18 or her application on forms provided by the board for
106	106	19 licensure or any subsequent renewal, a listing of relevant
107	107	20 information, including the names and addresses of all officers
108	108	21 and members of the corporation, or officers and partners of
109	109	22 the partnership, and also of an individual or shall indicate
110	110	23 those individuals duly licensed to practice landscape
111	111	24 architecture in this state who shall be in responsible charge
112	112	25 of the practice of landscape architecture in this state
113	113	26 through the corporation or partnership, and any other
114	114	27 information required by the board, accompanied by an original
115	115	Page 4 1 authorization fee to be determined by the board. A form,
116	116	2 giving the same information, shall accompany the annual
117	117	3 renewal fee to be determined by the board. In the event there
118	118	4 is a change in any of these persons individuals during the
119	119	5 year, the change shall be designated on the same form and
120	120	6 filed with the board within 30 days after the effective date
121	121	7 of the change. If all of the requirements of this section are
122	122	8 met, the board shall issue a certificate of authorization to
123	123	9 the corporation or partnership, and satisfied, the corporation
124	124	10 or partnership shall be authorized to may contract for and to
125	125	11 collect fees for landscape architectural services.
126	126	12 "(3)(d) No corporation or partnership shall be
127	127	13 relieved of responsibility for conduct or acts of its agents,
128	128	14 employees, or officers by reason of its compliance with this
129	129	15 section, nor shall any individual practicing landscape
130	130	16 architecture as defined in Section 34-17-1 be relieved of
131	131	17 responsibility for landscape architectural services performed
132	132	18 by reason of his or her employment or relationship with such
133	133	19 corporation or partnership.
134	134	20 "(e) This chapter shall not be interpreted to
135	135	21 prevent a corporation and its employees from performing
136	136	22 landscape architectural services for the corporation,
137	137	23 subsidiary, or affiliated corporations.
138	138	24 "§34-17-7.
139	139	25 "(a) Any person individual who, without possessing a
140	140	26 valid, unrevoked certificate as provided in this chapter, uses
141	141	27 the title or term "landscape architect" in any sign, card,
142	142	Page 5 1 listing, advertisement, or in any other manner implies or
143	143	2 indicates that he or she is a landscape architect, as defined
144	144	3 in this chapter, shall be guilty of a Class A misdemeanor and,
145	145	4 upon conviction thereof, shall be punished as provided by law.
146	146	5 All fines collected pursuant to this section shall be remitted
147	147	6 by the court or officer collecting them to the State Treasurer
148	148	7 and credited to the Landscape Architect's Fund in the State
149	149	8 Treasury.
150	150	9 "(b)(1) The board may institute proceedings in a
151	151	10 court of law to enjoin any individual or business entity from
152	152	11 violating this chapter. The proceedings shall be brought by
153	153	12 the board in the circuit court of the city or county in which
154	154	13 the alleged violation occurred or in which the defendant
155	155	14 resides.
156	156	15 "(2) Upon a showing by the board that the individual
157	157	16 or business entity has engaged in any activity, conduct,
158	158	17 practice, or performance of any work prohibited by this
159	159	18 chapter, the court shall grant injunctive relief enjoining the
160	160	19 individual or business entity from engaging in the unlawful
161	161	20 activity, conduct, practice, or performance of work. Upon the
162	162	21 issuance of a permanent injunction, the court may fine the
163	163	22 offending party up to five thousand dollars, ($5,000) plus
164	164	23 costs, including investigative costs, and attorney fees for
165	165	24 each offense. A judgment for a civil fine, attorney fees, and
166	166	25 costs may be rendered in the same order in which the
167	167	26 injunction is made absolute.
168	168	27 "§34-17-24.
169	169	Page 6 1 "(a) Every landscape architect shall pay an annual
170	170	2 license fee to the board. The fee shall be due and payable on
171	171	3 the first day of January of each year and shall become
172	172	4 delinquent after the thirty-first day of January.
173	173	5 "(b) If the annual license fee is not paid before it
174	174	6 becomes delinquent a delinquent penalty of $50.00 fee shall be
175	175	7 added to the amount thereof per year.
176	176	8 "(c) If the annual license fee and penalty are not
177	177	9 paid before the fifteenth day of March in the year in which
178	178	10 they become due, the landscape architect's certificate license
179	179	11 shall be suspended from and after the expiration of 30 days
180	180	12 from the date of mailing of notice of such delinquency by
181	181	13 registered or certified mail, return receipt requested,
182	182	14 postage prepaid and addressed to the landscape architect at
183	183	15 his or her address as it appears on the records of the board.
184	184	16 The notice of delinquency shall state that upon the expiration
185	185	17 of time herein allowed his or her certificate will be
186	186	18 suspended unless, within that time, the annual license fee and
187	187	19 penalty are remitted. deemed expired. A landscape architect
188	188	20 may reinstate an expired license for up to five years after
189	189	21 the date of the original expiration by submitting to the board
190	190	22 a complete renewal application, proof of completion of any
191	191	23 required continuing education, payment of any accrued license
192	192	24 fees and delinquent penalty fees, and payment of a
193	193	25 reinstatement fee. The holder of a license that is expired for
194	194	26 five or more years may only reinstate a license by submitting
195	195	Page 7 1 a new license application and fulfilling all then current
196	196	2 license requirements.
197	197	3 "(d) After the certificate has been suspended, it
198	198	4 may be reinstated upon the payment of the annual license fee
199	199	5 and such proof of the landscape architect's qualifications as
200	200	6 may be required in the sound discretion of the board.
201	201	7 "(d) A landscape architect may place his or her
202	202	8 license on inactive status by annually submitting to the
203	203	9 board, between January 1 and January 31, a request for
204	204	10 inactive status and an inactive status fee. The holder of an
205	205	11 inactive status license may reactivate his or her license by
206	206	12 submitting to the board a renewal form, current license fee,
207	207	13 and one year of continuing education credits.
208	208	14 "(e) The board shall issue a receipt to each
209	209	15 landscape architect promptly upon payment of the annual
210	210	16 license fee.
211	211	17 "§34-17-25.
212	212	18 "The fees prescribed by this chapter shall be in the
213	213	19 following amounts:
214	214	20 "(1) The fee for application to the board is one
215	215	21 hundred fifty dollars ($150).
216	216	22 "(2) The fee for examination or reexamination shall
217	217	23 be in an amount as established by the board in order to cover
218	218	24 all costs of examination, but in no event shall the fee exceed
219	219	25 the actual cost of preparing and administering the
220	220	26 examination.
221	221	Page 8 1 "(3) The fee for an original certificate is fifty
222	222	2 dollars ($50).
223	223	3 "(4) The fee for a duplicate certificate is fifty
224	224	4 dollars ($50).
225	225	5 "(5) The annual license fee is one hundred fifty
226	226	6 dollars ($150).
227	227	7 "(6) The delinquent penalty fee is as provided in
228	228	8 Section 13-17-24 fifty dollars ($50).
229	229	9 "(7) The fee for administration of the supplemental
230	230	10 examination on the statutes laws governing the practice of
231	231	11 landscape architecture in Alabama is one hundred fifty dollars
232	232	12 ($150).
233	233	13 "(8) The reinstatement fee is three hundred dollars
234	234	14 ($300).
235	235	15 "(9) The inactive status fee is seventy-five dollars
236	236	16 ($75)."
237	237	17 Section 2. This act shall become effective on the
238	238	18 first day of the third month following its passage and
239	239	19 approval by the Governor, or its otherwise becoming law.
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