1 SB222
2 216026-3
3 By Senator Coleman-Madison
4 RFD: Governmental Affairs
5 First Read: 16-FEB-22
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1 SB222
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4 ENROLLED, An Act,
5 Relating to the Alabama Board of Examiners of
6 Landscape Architects; to amend Sections 34-17-4, 34-17-7,
7 34-17-24, and 34-17-25, Code of Alabama 1975, to provide
8 further for the use of the title "landscape architect" by
9 individuals and certain business entities; to authorize the
10 board to institute proceedings to seek injunctive relief for
11 violations of the licensing law; to provide further for
12 expired and inactive status licenses, and requirements for
13 reactivation; and to provide fees for the reinstatement of a
14 license and for maintaining an inactive status license.
15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16 Section 1. Sections 34-17-4, 34-17-7, 34-17-24, and
17 34-17-25 of the Code of Alabama 1975, are amended to read as
18 follows:
19 "§34-17-4.
20 "(a) A corporation or partnership, as such, may not
21 be licensed or registered to practice landscape architecture,
22 but may, if issued a certificate of authorization by the
23 board, use any form of the title "landscape architect" in
24 connection with the corporate or partnership name.
Page 1 SB222
1 "(b)(a) The right to engage in the practice of
2 landscape architecture is a personal right, based upon the
3 qualifications of the individual evidenced by his or her
4 license and is not transferable. All final drawings,
5 specifications, plans, reports, or other papers or documents
6 involving the practice of landscape architecture, as defined
7 in Section 34-17-1, when issued or filed for public record,
8 shall be dated and bear the signature and seal of the
9 landscape architect or landscape architects who prepared or
10 approved them.
11 "(c) Nothing in subsections (a) and (b) of this
12 section shall be construed to prevent the formation of
13 partnerships and corporations as a vehicle for the practice of
14 landscape architecture subject to all the following
15 conditions:
16 "(1) The practice of or offer to practice landscape
17 architecture for others as defined in Section 34-17-1 by
18 individual landscape architects licensed under this chapter
19 through a corporation as officers, employees, or agents, or
20 through a partnership as partners, officers, employees, or
21 agents, or the offering or rendering of landscape architecture
22 services by a corporation or partnership through individual
23 landscape architects licensed under this chapter is permitted,
24 subject to the provisions of this chapter if all the following
25 requirements are satisfied:
Page 2 SB222
1 "(b) A corporation, limited liability company, or
2 partnership may be formed as a vehicle for the practice of
3 landscape architecture, and may use any form of the title
4 "landscape architect" in connection with the name of the
5 business entity if both of the following conditions are
6 satisfied:
7 "a.(1) One or more of the corporate officers in the
8 case of a corporation, one or more of the managers or members
9 in the case of a limited liability company, or one or more of
10 the partners in the case of a partnership, is designated as
11 being responsible for the professional services described in
12 Section 34-17-1 of the corporation or partnership business
13 entity and is a landscape architect under this chapter.
14 "b.(2) All personnel of the corporation or
15 partnership business entity, who act in its behalf as
16 landscape architects, are licensed under this chapter.
17 "c. The corporation or partnership has been issued a
18 certificate of authorization by the board, as hereinafter
19 provided.
20 "The requirements of this chapter shall not prevent
21 a corporation and its employees from performing landscape
22 architectural services for the corporation, subsidiary, or
23 affiliated corporations.
24 "(2) A corporation or partnership (c) An individual
25 desiring a certificate of authorization to use any form of the
Page 3 SB222
1 title "landscape architect" in connection with the name of a
2 business entity, shall file with the board an, as part of his
3 or her application on forms provided by the board for
4 licensure or any subsequent renewal, a listing of relevant
5 information, including the names and addresses of all officers
6 and members of the corporation, managers and members of the
7 limited liability company, or officers and partners of the
8 partnership, and also of an individual or shall indicate those
9 individuals duly licensed to practice landscape architecture
10 in this state who shall be in responsible charge of the
11 practice of landscape architecture in this state through the
12 corporation or partnership business entity, and any other
13 information required by the board, accompanied by an original
14 authorization fee to be determined by the board. A form,
15 giving the same information, shall accompany the annual
16 renewal fee to be determined by the board. In the event there
17 is a change in any of these persons individuals during the
18 year, the change shall be designated on the same form and
19 filed with the board within 30 days after the effective date
20 of the change. If all of the requirements of this section are
21 met, the board shall issue a certificate of authorization to
22 the corporation or partnership, and satisfied, the corporation
23 or partnership business entity shall be authorized to may
24 contract for and to collect fees for landscape architectural
25 services.
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1 "(3)(d) No corporation or partnership business
2 entity shall be relieved of responsibility for conduct or acts
3 of its agents, employees, or officers by reason of its
4 compliance with this section, nor shall any individual
5 practicing landscape architecture as defined in Section
6 34-17-1 be relieved of responsibility for landscape
7 architectural services performed by reason of his or her
8 employment or relationship with such corporation or
9 partnership the business entity.
10 "(e) This chapter shall not be interpreted to
11 prevent a business entity and its employees from performing
12 landscape architectural services for the business entity,
13 subsidiary, or affiliated business entities.
14 "§34-17-7.
15 "(a) Any person individual who, without possessing a
16 valid, unrevoked certificate as provided in this chapter, uses
17 the title or term "landscape architect" in any sign, card,
18 listing, advertisement, or in any other manner implies or
19 indicates that he or she is a landscape architect, as defined
20 in this chapter, shall be guilty of a Class A misdemeanor and,
21 upon conviction thereof, shall be punished as provided by law.
22 All fines collected pursuant to this section shall be remitted
23 by the court or officer collecting them to the State Treasurer
24 and credited to the Landscape Architect's Fund in the State
25 Treasury.
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1 "(b)(1) The board may institute proceedings in a
2 court of law to enjoin any individual or business entity from
3 violating this chapter. The proceedings shall be brought by
4 the board in the circuit court of the city or county in which
5 the alleged violation occurred or in which the defendant
6 resides.
7 "(2) Upon a showing by the board that the individual
8 or business entity has engaged in any activity, conduct,
9 practice, or performance of any work prohibited by this
10 chapter, the court shall grant injunctive relief enjoining the
11 individual or business entity from engaging in the unlawful
12 activity, conduct, practice, or performance of work. Upon the
13 issuance of a permanent injunction, the court may fine the
14 offending party up to five thousand dollars, ($5,000) plus
15 costs, including investigative costs, and attorney fees for
16 each offense. A judgment for a civil fine, attorney fees, and
17 costs may be rendered in the same order in which the
18 injunction is made absolute.
19 "§34-17-24.
20 "(a) Every landscape architect shall pay an annual
21 license fee to the board. The fee shall be due and payable on
22 the first day of January of each year and shall become
23 delinquent after the thirty-first day of January.
Page 6 SB222
1 "(b) If the annual license fee is not paid before it
2 becomes delinquent a delinquent penalty of $50.00 fee shall be
3 added to the amount thereof per year.
4 "(c) If the annual license fee and penalty are not
5 paid before the fifteenth day of March in the year in which
6 they become due, the landscape architect's certificate license
7 shall be suspended from and after the expiration of 30 days
8 from the date of mailing of notice of such delinquency by
9 registered or certified mail, return receipt requested,
10 postage prepaid and addressed to the landscape architect at
11 his or her address as it appears on the records of the board.
12 The notice of delinquency shall state that upon the expiration
13 of time herein allowed his or her certificate will be
14 suspended unless, within that time, the annual license fee and
15 penalty are remitted. deemed expired. A landscape architect
16 may reinstate an expired license for up to five years after
17 the date of the original expiration by submitting to the board
18 a complete renewal application, proof of completion of any
19 required continuing education, payment of any accrued license
20 fees and delinquent penalty fees, and payment of a
21 reinstatement fee. The holder of a license that is expired for
22 five or more years may only reinstate a license by submitting
23 a new license application and fulfilling all then current
24 license requirements.
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1 "(d) After the certificate has been suspended, it
2 may be reinstated upon the payment of the annual license fee
3 and such proof of the landscape architect's qualifications as
4 may be required in the sound discretion of the board.
5 "(d) A landscape architect may place his or her
6 license on inactive status by annually submitting to the
7 board, between January 1 and January 31, a request for
8 inactive status and an inactive status fee. The holder of an
9 inactive status license may reactivate his or her license by
10 submitting to the board a renewal form, current license fee,
11 and one year of continuing education credits.
12 "(e) The board shall issue a receipt to each
13 landscape architect promptly upon payment of the annual
14 license fee.
15 "§34-17-25.
16 "The fees prescribed by this chapter shall be in the
17 following amounts:
18 "(1) The fee for application to the board is one
19 hundred fifty dollars ($150).
20 "(2) The fee for examination or reexamination shall
21 be in an amount as established by the board in order to cover
22 all costs of examination, but in no event shall the fee exceed
23 the actual cost of preparing and administering the
24 examination.
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1 "(3) The fee for an original certificate is fifty
2 dollars ($50).
3 "(4) The fee for a duplicate certificate is fifty
4 dollars ($50).
5 "(5) The annual license fee is one hundred fifty
6 dollars ($150).
7 "(6) The delinquent penalty fee is as provided in
8 Section 13-17-24 fifty dollars ($50).
9 "(7) The fee for administration of the supplemental
10 examination on the statutes laws governing the practice of
11 landscape architecture in Alabama is one hundred fifty dollars
12 ($150).
13 "(8) The reinstatement fee is three hundred dollars
14 ($300).
15 "(9) The inactive status fee is seventy-five dollars
16 ($75)."
17 Section 2. This act shall become effective on the
18 first day of the third month following its passage and
19 approval by the Governor, or its otherwise becoming law.
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President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
SB2227
8 Senate 10-MAR-22
9 I hereby certify that the within Act originated in and passed
10 the Senate, as amended.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 30-MAR-22
19
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21 By: Senator Coleman-Madison
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