Alabama 2022 Regular Session

Alabama Senate Bill SB222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB222
2		-	2 216026-3
	2	+	2 216026-2
3	3		3 By Senator Coleman-Madison
4	4		4 RFD: Governmental Affairs
5	5		5 First Read: 16-FEB-22
6	6
7		-	Page 0 SB222
8		-	1 SB222
	7	+	Page 0 1 SB222
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to the Alabama Board of Examiners of
13		-	6 Landscape Architects; to amend Sections 34-17-4, 34-17-7,
14		-	7 34-17-24, and 34-17-25, Code of Alabama 1975, to provide
15		-	8 further for the use of the title "landscape architect" by
16		-	9 individuals and certain business entities; to authorize the
17		-	10 board to institute proceedings to seek injunctive relief for
18		-	11 violations of the licensing law; to provide further for
19		-	12 expired and inactive status licenses, and requirements for
20		-	13 reactivation; and to provide fees for the reinstatement of a
21		-	14 license and for maintaining an inactive status license.
22		-	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	16 Section 1. Sections 34-17-4, 34-17-7, 34-17-24, and
24		-	17 34-17-25 of the Code of Alabama 1975, are amended to read as
25		-	18 follows:
26		-	19 "§34-17-4.
27		-	20 "(a) A corporation or partnership, as such, may not
28		-	21 be licensed or registered to practice landscape architecture,
29		-	22 but may, if issued a certificate of authorization by the
30		-	23 board, use any form of the title "landscape architect" in
31		-	24 connection with the corporate or partnership name.
32		-	Page 1 SB222
33		-	1 "(b)(a) The right to engage in the practice of
34		-	2 landscape architecture is a personal right, based upon the
35		-	3 qualifications of the individual evidenced by his or her
36		-	4 license and is not transferable. All final drawings,
37		-	5 specifications, plans, reports, or other papers or documents
38		-	6 involving the practice of landscape architecture, as defined
39		-	7 in Section 34-17-1, when issued or filed for public record,
40		-	8 shall be dated and bear the signature and seal of the
41		-	9 landscape architect or landscape architects who prepared or
42		-	10 approved them.
43		-	11 "(c) Nothing in subsections (a) and (b) of this
44		-	12 section shall be construed to prevent the formation of
45		-	13 partnerships and corporations as a vehicle for the practice of
46		-	14 landscape architecture subject to all the following
47		-	15 conditions:
48		-	16 "(1) The practice of or offer to practice landscape
49		-	17 architecture for others as defined in Section 34-17-1 by
50		-	18 individual landscape architects licensed under this chapter
51		-	19 through a corporation as officers, employees, or agents, or
52		-	20 through a partnership as partners, officers, employees, or
53		-	21 agents, or the offering or rendering of landscape architecture
54		-	22 services by a corporation or partnership through individual
55		-	23 landscape architects licensed under this chapter is permitted,
56		-	24 subject to the provisions of this chapter if all the following
57		-	25 requirements are satisfied:
58		-	Page 2 SB222
59		-	1 "(b) A corporation, limited liability company, or
60		-	2 partnership may be formed as a vehicle for the practice of
61		-	3 landscape architecture, and may use any form of the title
62		-	4 "landscape architect" in connection with the name of the
63		-	5 business entity if both of the following conditions are
64		-	6 satisfied:
65		-	7 "a.(1) One or more of the corporate officers in the
66		-	8 case of a corporation, one or more of the managers or members
67		-	9 in the case of a limited liability company, or one or more of
68		-	10 the partners in the case of a partnership, is designated as
69		-	11 being responsible for the professional services described in
70		-	12 Section 34-17-1 of the corporation or partnership business
71		-	13 entity and is a landscape architect under this chapter.
72		-	14 "b.(2) All personnel of the corporation or
73		-	15 partnership business entity, who act in its behalf as
74		-	16 landscape architects, are licensed under this chapter.
75		-	17 "c. The corporation or partnership has been issued a
76		-	18 certificate of authorization by the board, as hereinafter
77		-	19 provided.
78		-	20 "The requirements of this chapter shall not prevent
79		-	21 a corporation and its employees from performing landscape
80		-	22 architectural services for the corporation, subsidiary, or
81		-	23 affiliated corporations.
82		-	24 "(2) A corporation or partnership (c) An individual
83		-	25 desiring a certificate of authorization to use any form of the
84		-	Page 3 SB222
85		-	1 title "landscape architect" in connection with the name of a
	10	+	4 ENGROSSED
	11	+	5
	12	+	6
	13	+	7 A BILL
	14	+	8 TO BE ENTITLED
	15	+	9 AN ACT
	16	+	10
	17	+	11 Relating to the Alabama Board of Examiners of
	18	+	12 Landscape Architects; to amend Sections 34-17-4, 34-17-7,
	19	+	13 34-17-24, and 34-17-25, Code of Alabama 1975, to provide
	20	+	14 further for the use of the title "landscape architect" by
	21	+	15 individuals and certain business entities; to authorize the
	22	+	16 board to institute proceedings to seek injunctive relief for
	23	+	17 violations of the licensing law; to provide further for
	24	+	18 expired and inactive status licenses, and requirements for
	25	+	19 reactivation; and to provide fees for the reinstatement of a
	26	+	20 license and for maintaining an inactive status license.
	27	+	21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	28	+	22 Section 1. Sections 34-17-4, 34-17-7, 34-17-24, and
	29	+	23 34-17-25 of the Code of Alabama 1975, are amended to read as
	30	+	24 follows:
	31	+	25 "§34-17-4.
	32	+	26 "(a) A corporation or partnership, as such, may not
	33	+	27 be licensed or registered to practice landscape architecture,
	34	+	Page 1 1 but may, if issued a certificate of authorization by the
	35	+	2 board, use any form of the title "landscape architect" in
	36	+	3 connection with the corporate or partnership name.
	37	+	4 "(b)(a) The right to engage in the practice of
	38	+	5 landscape architecture is a personal right, based upon the
	39	+	6 qualifications of the individual evidenced by his or her
	40	+	7 license and is not transferable. All final drawings,
	41	+	8 specifications, plans, reports, or other papers or documents
	42	+	9 involving the practice of landscape architecture, as defined
	43	+	10 in Section 34-17-1, when issued or filed for public record,
	44	+	11 shall be dated and bear the signature and seal of the
	45	+	12 landscape architect or landscape architects who prepared or
	46	+	13 approved them.
	47	+	14 "(c) Nothing in subsections (a) and (b) of this
	48	+	15 section shall be construed to prevent the formation of
	49	+	16 partnerships and corporations as a vehicle for the practice of
	50	+	17 landscape architecture subject to all the following
	51	+	18 conditions:
	52	+	19 "(1) The practice of or offer to practice landscape
	53	+	20 architecture for others as defined in Section 34-17-1 by
	54	+	21 individual landscape architects licensed under this chapter
	55	+	22 through a corporation as officers, employees, or agents, or
	56	+	23 through a partnership as partners, officers, employees, or
	57	+	24 agents, or the offering or rendering of landscape architecture
	58	+	25 services by a corporation or partnership through individual
	59	+	26 landscape architects licensed under this chapter is permitted,
	60	+	Page 2 1 subject to the provisions of this chapter if all the following
	61	+	2 requirements are satisfied:
	62	+	3 "(b) A corporation, limited liability company, or
	63	+	4 partnership may be formed as a vehicle for the practice of
	64	+	5 landscape architecture, and may use any form of the title
	65	+	6 "landscape architect" in connection with the name of the
	66	+	7 business entity if both of the following conditions are
	67	+	8 satisfied:
	68	+	9 "a.(1) One or more of the corporate officers in the
	69	+	10 case of a corporation, one or more of the managers or members
	70	+	11 in the case of a limited liability company, or one or more of
	71	+	12 the partners in the case of a partnership, is designated as
	72	+	13 being responsible for the professional services described in
	73	+	14 Section 34-17-1 of the corporation or partnership business
	74	+	15 entity and is a landscape architect under this chapter.
	75	+	16 "b.(2) All personnel of the corporation or
	76	+	17 partnership business entity, who act in its behalf as
	77	+	18 landscape architects, are licensed under this chapter.
	78	+	19 "c. The corporation or partnership has been issued a
	79	+	20 certificate of authorization by the board, as hereinafter
	80	+	21 provided.
	81	+	22 "The requirements of this chapter shall not prevent
	82	+	23 a corporation and its employees from performing landscape
	83	+	24 architectural services for the corporation, subsidiary, or
	84	+	25 affiliated corporations.
	85	+	26 "(2) A corporation or partnership (c) An individual
	86	+	27 desiring a certificate of authorization to use any form of the
	87	+	Page 3 1 title "landscape architect" in connection with the name of a
86	88		2 business entity, shall file with the board an, as part of his
87	89		3 or her application on forms provided by the board for
88	90		4 licensure or any subsequent renewal, a listing of relevant
89	91		5 information, including the names and addresses of all officers
90	92		6 and members of the corporation, managers and members of the
91	93		7 limited liability company, or officers and partners of the
92	94		8 partnership, and also of an individual or shall indicate those
93	95		9 individuals duly licensed to practice landscape architecture
94	96		10 in this state who shall be in responsible charge of the
95	97		11 practice of landscape architecture in this state through the
96	98		12 corporation or partnership business entity, and any other
97	99		13 information required by the board, accompanied by an original
98	100		14 authorization fee to be determined by the board. A form,
99	101		15 giving the same information, shall accompany the annual
100	102		16 renewal fee to be determined by the board. In the event there
101	103		17 is a change in any of these persons individuals during the
102	104		18 year, the change shall be designated on the same form and
103	105		19 filed with the board within 30 days after the effective date
104	106		20 of the change. If all of the requirements of this section are
105	107		21 met, the board shall issue a certificate of authorization to
106	108		22 the corporation or partnership, and satisfied, the corporation
107	109		23 or partnership business entity shall be authorized to may
108	110		24 contract for and to collect fees for landscape architectural
109	111		25 services.
110		-	Page 4 SB222
111		-	1 "(3)(d) No corporation or partnership business
112		-	2 entity shall be relieved of responsibility for conduct or acts
113		-	3 of its agents, employees, or officers by reason of its
114		-	4 compliance with this section, nor shall any individual
115		-	5 practicing landscape architecture as defined in Section
116		-	6 34-17-1 be relieved of responsibility for landscape
117		-	7 architectural services performed by reason of his or her
118		-	8 employment or relationship with such corporation or
119		-	9 partnership the business entity.
120		-	10 "(e) This chapter shall not be interpreted to
121		-	11 prevent a business entity and its employees from performing
122		-	12 landscape architectural services for the business entity,
123		-	13 subsidiary, or affiliated business entities.
124		-	14 "§34-17-7.
125		-	15 "(a) Any person individual who, without possessing a
126		-	16 valid, unrevoked certificate as provided in this chapter, uses
127		-	17 the title or term "landscape architect" in any sign, card,
128		-	18 listing, advertisement, or in any other manner implies or
129		-	19 indicates that he or she is a landscape architect, as defined
130		-	20 in this chapter, shall be guilty of a Class A misdemeanor and,
131		-	21 upon conviction thereof, shall be punished as provided by law.
132		-	22 All fines collected pursuant to this section shall be remitted
133		-	23 by the court or officer collecting them to the State Treasurer
134		-	24 and credited to the Landscape Architect's Fund in the State
135		-	25 Treasury.
136		-	Page 5 SB222
137		-	1 "(b)(1) The board may institute proceedings in a
138		-	2 court of law to enjoin any individual or business entity from
139		-	3 violating this chapter. The proceedings shall be brought by
140		-	4 the board in the circuit court of the city or county in which
141		-	5 the alleged violation occurred or in which the defendant
142		-	6 resides.
143		-	7 "(2) Upon a showing by the board that the individual
144		-	8 or business entity has engaged in any activity, conduct,
145		-	9 practice, or performance of any work prohibited by this
146		-	10 chapter, the court shall grant injunctive relief enjoining the
147		-	11 individual or business entity from engaging in the unlawful
148		-	12 activity, conduct, practice, or performance of work. Upon the
149		-	13 issuance of a permanent injunction, the court may fine the
150		-	14 offending party up to five thousand dollars, ($5,000) plus
151		-	15 costs, including investigative costs, and attorney fees for
152		-	16 each offense. A judgment for a civil fine, attorney fees, and
153		-	17 costs may be rendered in the same order in which the
154		-	18 injunction is made absolute.
155		-	19 "§34-17-24.
156		-	20 "(a) Every landscape architect shall pay an annual
157		-	21 license fee to the board. The fee shall be due and payable on
158		-	22 the first day of January of each year and shall become
159		-	23 delinquent after the thirty-first day of January.
160		-	Page 6 SB222
161		-	1 "(b) If the annual license fee is not paid before it
162		-	2 becomes delinquent a delinquent penalty of $50.00 fee shall be
163		-	3 added to the amount thereof per year.
164		-	4 "(c) If the annual license fee and penalty are not
165		-	5 paid before the fifteenth day of March in the year in which
166		-	6 they become due, the landscape architect's certificate license
167		-	7 shall be suspended from and after the expiration of 30 days
168		-	8 from the date of mailing of notice of such delinquency by
169		-	9 registered or certified mail, return receipt requested,
170		-	10 postage prepaid and addressed to the landscape architect at
171		-	11 his or her address as it appears on the records of the board.
172		-	12 The notice of delinquency shall state that upon the expiration
173		-	13 of time herein allowed his or her certificate will be
174		-	14 suspended unless, within that time, the annual license fee and
175		-	15 penalty are remitted. deemed expired. A landscape architect
176		-	16 may reinstate an expired license for up to five years after
177		-	17 the date of the original expiration by submitting to the board
178		-	18 a complete renewal application, proof of completion of any
179		-	19 required continuing education, payment of any accrued license
180		-	20 fees and delinquent penalty fees, and payment of a
181		-	21 reinstatement fee. The holder of a license that is expired for
182		-	22 five or more years may only reinstate a license by submitting
183		-	23 a new license application and fulfilling all then current
184		-	24 license requirements.
185		-	Page 7 SB222
186		-	1 "(d) After the certificate has been suspended, it
187		-	2 may be reinstated upon the payment of the annual license fee
188		-	3 and such proof of the landscape architect's qualifications as
189		-	4 may be required in the sound discretion of the board.
190		-	5 "(d) A landscape architect may place his or her
191		-	6 license on inactive status by annually submitting to the
192		-	7 board, between January 1 and January 31, a request for
193		-	8 inactive status and an inactive status fee. The holder of an
194		-	9 inactive status license may reactivate his or her license by
195		-	10 submitting to the board a renewal form, current license fee,
196		-	11 and one year of continuing education credits.
197		-	12 "(e) The board shall issue a receipt to each
198		-	13 landscape architect promptly upon payment of the annual
199		-	14 license fee.
200		-	15 "§34-17-25.
201		-	16 "The fees prescribed by this chapter shall be in the
202		-	17 following amounts:
203		-	18 "(1) The fee for application to the board is one
204		-	19 hundred fifty dollars ($150).
205		-	20 "(2) The fee for examination or reexamination shall
206		-	21 be in an amount as established by the board in order to cover
207		-	22 all costs of examination, but in no event shall the fee exceed
208		-	23 the actual cost of preparing and administering the
209		-	24 examination.
210		-	Page 8 SB222
211		-	1 "(3) The fee for an original certificate is fifty
212		-	2 dollars ($50).
213		-	3 "(4) The fee for a duplicate certificate is fifty
214		-	4 dollars ($50).
215		-	5 "(5) The annual license fee is one hundred fifty
216		-	6 dollars ($150).
217		-	7 "(6) The delinquent penalty fee is as provided in
218		-	8 Section 13-17-24 fifty dollars ($50).
219		-	9 "(7) The fee for administration of the supplemental
220		-	10 examination on the statutes laws governing the practice of
221		-	11 landscape architecture in Alabama is one hundred fifty dollars
222		-	12 ($150).
223		-	13 "(8) The reinstatement fee is three hundred dollars
224		-	14 ($300).
225		-	15 "(9) The inactive status fee is seventy-five dollars
226		-	16 ($75)."
227		-	17 Section 2. This act shall become effective on the
228		-	18 first day of the third month following its passage and
229		-	19 approval by the Governor, or its otherwise becoming law.
230		-	Page 9 SB222
231		-	1
	112	+	26 "(3)(d) No corporation or partnership business
	113	+	27 entity shall be relieved of responsibility for conduct or acts
	114	+	Page 4 1 of its agents, employees, or officers by reason of its
	115	+	2 compliance with this section, nor shall any individual
	116	+	3 practicing landscape architecture as defined in Section
	117	+	4 34-17-1 be relieved of responsibility for landscape
	118	+	5 architectural services performed by reason of his or her
	119	+	6 employment or relationship with such corporation or
	120	+	7 partnership the business entity.
	121	+	8 "(e) This chapter shall not be interpreted to
	122	+	9 prevent a business entity and its employees from performing
	123	+	10 landscape architectural services for the business entity,
	124	+	11 subsidiary, or affiliated business entities.
	125	+	12 "§34-17-7.
	126	+	13 "(a) Any person individual who, without possessing a
	127	+	14 valid, unrevoked certificate as provided in this chapter, uses
	128	+	15 the title or term "landscape architect" in any sign, card,
	129	+	16 listing, advertisement, or in any other manner implies or
	130	+	17 indicates that he or she is a landscape architect, as defined
	131	+	18 in this chapter, shall be guilty of a Class A misdemeanor and,
	132	+	19 upon conviction thereof, shall be punished as provided by law.
	133	+	20 All fines collected pursuant to this section shall be remitted
	134	+	21 by the court or officer collecting them to the State Treasurer
	135	+	22 and credited to the Landscape Architect's Fund in the State
	136	+	23 Treasury.
	137	+	24 "(b)(1) The board may institute proceedings in a
	138	+	25 court of law to enjoin any individual or business entity from
	139	+	26 violating this chapter. The proceedings shall be brought by
	140	+	27 the board in the circuit court of the city or county in which
	141	+	Page 5 1 the alleged violation occurred or in which the defendant
	142	+	2 resides.
	143	+	3 "(2) Upon a showing by the board that the individual
	144	+	4 or business entity has engaged in any activity, conduct,
	145	+	5 practice, or performance of any work prohibited by this
	146	+	6 chapter, the court shall grant injunctive relief enjoining the
	147	+	7 individual or business entity from engaging in the unlawful
	148	+	8 activity, conduct, practice, or performance of work. Upon the
	149	+	9 issuance of a permanent injunction, the court may fine the
	150	+	10 offending party up to five thousand dollars, ($5,000) plus
	151	+	11 costs, including investigative costs, and attorney fees for
	152	+	12 each offense. A judgment for a civil fine, attorney fees, and
	153	+	13 costs may be rendered in the same order in which the
	154	+	14 injunction is made absolute.
	155	+	15 "§34-17-24.
	156	+	16 "(a) Every landscape architect shall pay an annual
	157	+	17 license fee to the board. The fee shall be due and payable on
	158	+	18 the first day of January of each year and shall become
	159	+	19 delinquent after the thirty-first day of January.
	160	+	20 "(b) If the annual license fee is not paid before it
	161	+	21 becomes delinquent a delinquent penalty of $50.00 fee shall be
	162	+	22 added to the amount thereof per year.
	163	+	23 "(c) If the annual license fee and penalty are not
	164	+	24 paid before the fifteenth day of March in the year in which
	165	+	25 they become due, the landscape architect's certificate license
	166	+	26 shall be suspended from and after the expiration of 30 days
	167	+	27 from the date of mailing of notice of such delinquency by
	168	+	Page 6 1 registered or certified mail, return receipt requested,
	169	+	2 postage prepaid and addressed to the landscape architect at
	170	+	3 his or her address as it appears on the records of the board.
	171	+	4 The notice of delinquency shall state that upon the expiration
	172	+	5 of time herein allowed his or her certificate will be
	173	+	6 suspended unless, within that time, the annual license fee and
	174	+	7 penalty are remitted. deemed expired. A landscape architect
	175	+	8 may reinstate an expired license for up to five years after
	176	+	9 the date of the original expiration by submitting to the board
	177	+	10 a complete renewal application, proof of completion of any
	178	+	11 required continuing education, payment of any accrued license
	179	+	12 fees and delinquent penalty fees, and payment of a
	180	+	13 reinstatement fee. The holder of a license that is expired for
	181	+	14 five or more years may only reinstate a license by submitting
	182	+	15 a new license application and fulfilling all then current
	183	+	16 license requirements.
	184	+	17 "(d) After the certificate has been suspended, it
	185	+	18 may be reinstated upon the payment of the annual license fee
	186	+	19 and such proof of the landscape architect's qualifications as
	187	+	20 may be required in the sound discretion of the board.
	188	+	21 "(d) A landscape architect may place his or her
	189	+	22 license on inactive status by annually submitting to the
	190	+	23 board, between January 1 and January 31, a request for
	191	+	24 inactive status and an inactive status fee. The holder of an
	192	+	25 inactive status license may reactivate his or her license by
	193	+	26 submitting to the board a renewal form, current license fee,
	194	+	27 and one year of continuing education credits.
	195	+	Page 7 1 "(e) The board shall issue a receipt to each
	196	+	2 landscape architect promptly upon payment of the annual
	197	+	3 license fee.
	198	+	4 "§34-17-25.
	199	+	5 "The fees prescribed by this chapter shall be in the
	200	+	6 following amounts:
	201	+	7 "(1) The fee for application to the board is one
	202	+	8 hundred fifty dollars ($150).
	203	+	9 "(2) The fee for examination or reexamination shall
	204	+	10 be in an amount as established by the board in order to cover
	205	+	11 all costs of examination, but in no event shall the fee exceed
	206	+	12 the actual cost of preparing and administering the
	207	+	13 examination.
	208	+	14 "(3) The fee for an original certificate is fifty
	209	+	15 dollars ($50).
	210	+	16 "(4) The fee for a duplicate certificate is fifty
	211	+	17 dollars ($50).
	212	+	18 "(5) The annual license fee is one hundred fifty
	213	+	19 dollars ($150).
	214	+	20 "(6) The delinquent penalty fee is as provided in
	215	+	21 Section 13-17-24 fifty dollars ($50).
	216	+	22 "(7) The fee for administration of the supplemental
	217	+	23 examination on the statutes laws governing the practice of
	218	+	24 landscape architecture in Alabama is one hundred fifty dollars
	219	+	25 ($150).
	220	+	26 "(8) The reinstatement fee is three hundred dollars
	221	+	27 ($300).
	222	+	Page 8 1 "(9) The inactive status fee is seventy-five dollars
	223	+	2 ($75)."
	224	+	3 Section 2. This act shall become effective on the
	225	+	4 first day of the third month following its passage and
	226	+	5 approval by the Governor, or its otherwise becoming law.
	227	+	Page 9 1
232	228		2
233		-	3
234		-	4
235		-	President and Presiding Officer of the Senate
236		-
237		-	5
238		-	6 Speaker of the House of Representatives
239		-	SB2227
240		-	8 Senate 10-MAR-22
241		-	9 I hereby certify that the within Act originated in and passed
242		-	10 the Senate, as amended.
243		-	11
244		-	12 Patrick Harris,
245		-	13 Secretary.
	229	+	3 Senate
	230	+	Read for the first time and referred to the Senate4
	231	+	committee on Governmental Affairs.................5 1.6-FEB-22
	232	+	6
	233	+	Read for the second time and placed on the calen-7
	234	+	dar...............................................8 0.1-MAR-22
	235	+	9
	236	+	Read for the third time and passed as amended ....10 1.0-MAR-22
	237	+	Yeas 2911
	238	+	12 Nays 0
	239	+	13
246	240		14
247		-	15
248		-	16
249		-	17 House of Representatives
250		-	18 Passed: 30-MAR-22
251		-	19
252		-	20
253		-	21 By: Senator Coleman-Madison
	241	+	15 Patrick Harris,
	242	+	16 Secretary.
	243	+	17
254	244		Page 10