Alabama 2024 Regular Session

Alabama House Bill HB267 Latest Draft

Bill / Engrossed Version Filed 03/21/2024

                            HB267ENGROSSED
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HB267
IDSRWWZ-2
By Representatives Moore (P), Lipscomb
RFD: Boards, Agencies and Commissions
First Read: 29-Feb-24
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First Read: 29-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to the Board of Examiners of Landscape
Architects; to amend Sections 34-17-1, 34-17-20, 34-17-21,
34-17-22, 34-17-23, 34-17-25, and 34-17-26, Code of Alabama
1975, to clarify definitions, examination requirements, and
fees; to provide for reciprocity; and to make nonsubstantive,
technical revisions to update existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-17-1, 34-17-20, 34-17-21,
34-17-22, 34-17-23, 34-17-25, and 34-17-26, Code of Alabama
1975, are amended to read as follows:
"§34-17-1
For the purposes of this chapter, the following words
and phrases shall have the respectivefollowing meanings
ascribed by this section :
(1) BOARD. The Alabama State Board of Examiners of
Landscape Architects.
(2) LANDSCAPE ARCHITECT. A personAn individual who is
engaged or offers to engage in the practice of landscape
architecture, as hereinafter defined in this state .
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architecture, as hereinafter defined in this state .
(3) LANDSCAPE ARCHITECTURE. The performance of
professional services such as consultation, investigation,
research, planning, design, preparation of drawings and
specifications, and responsible supervision in connection with
the development of land areas where, and to the extent that
the dominant purpose of such services is the preservation,
enhancement, or determination of proper land uses, natural
land features, planting, naturalistic and aesthetic values,
the settings and approaches to structures or other
improvements, the setting of grades and determining drainage
and providing for standard drainage structures, and the
consideration and determination of environmental problems of
land, including erosion, blight, and other hazards. This
practice shall include the design of such tangible objects and
features as are incidental and necessary to the purpose
outlined herein but shall 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 not include the making of land surveys
of final plats for official approval or recordation. Nothing
contained herein shall preclude a duly licensed landscape
architect from performing any of the services described in the
first sentence of this subsection in connection with the
settings, approaches, or environment for buildings,
structures, or facilities. Nothing contained in this chapter
shall be construed as authorizing a landscape architect to
engage in the practice of architecture, engineering, or land
surveying as these terms are defined in Section 34-17-27.
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surveying as these terms are defined in Section 34-17-27.
(4) CLARB. The Council of Landscape Architectural
Registration Boards comprised of members of licensure boards
of landscape architecture across the United States and
Canada."
"§34-17-20
(a) In order to safeguard public welfare, health, and
property and to promote public good, any personindividual
practicing or offering to practice landscape architecture,
privately or in public service, shall be required to submit
evidence that he or she is qualified to practice as
hereinafter provided. It shall be unlawful for any
personindividual to practice landscape architecture or to use
the term or title "landscape architect" or "registered
landscape architect" unless he or she is duly licensed under
the provisions of this chapter.
(b) The state board shall adopt a program of continuing
education for its licensees not later than October 1, 1993,
and after that date no licensee shall have his or her active
license renewed unless, in addition to any other requirements
of this chapter, the minimum continuing annual education
requirements are met. It is further provided that the
continuing education program herein required shall not include
testing or examination of the licensees in any manner."
"§34-17-21
For licensing as a landscape architect, the following
evidence shall be submitted that the applicant must comply
with one of the following :
(1) Is at least 19 years of age Hold a degree in
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(1) Is at least 19 years of age Hold a degree in
landscape architecture from a school or college approved by
the board or meet the alternative education requirements
approved by the board and satisfy the examination and
experience requirements .
(2) Has, before making application to the board,
completed the course of study in and been graduated from a
college or school of landscape architecture approved by the
board. The application for examination shall be accompanied by
proof of actual practical experience in landscape
architectural work of a grade and character satisfactory to
the board. Each complete year of study in an approved college
or school of landscape architecture shall be accepted in lieu
of one year of practical experience, and the applicant shall
submit evidence of sufficient additional acceptable experience
to total five years of combined education and practical
experience. The master's or doctoral degree in landscape
architecture shall fulfill the requirements for five years
combined education and practical experience. The applicant
shall also submit proof of one additional year of practical
experience sufficient to total six years of combined education
and practical experience. In lieu of graduation from an
accredited college or school of landscape architecture, and
the practical experience in addition thereto, an applicant may
be admitted to the examination upon presenting evidence of at
least eight years of actual practical experience in landscape
architectural work of a grade and character satisfactory to
the board. In order to qualify for the exemption from the
requirement to obtain a degree in landscape architecture based
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requirement to obtain a degree in landscape architecture based
on eight years of practical experience, an applicant must have
begun accepting practical experience prior to August 1, 2012.
(3) Is a citizen of the United States or, if not a
citizen of the United States, is a person who is legally
present in the United States with appropriate documentation
from the federal government Satisfy the requirements for
licensure by reciprocity prescribed by the board ."
"§34-17-22
The licensure examination shall be developed and
administered by CLARB. Examinations for the license shall be
held by the board at least once each year. The board shall
adopt rules and regulations covering the subjects and scope of
the examinations, shall publish appropriate announcements and
shall conduct the examinations at the times designated. Except
as hereinafter provided in this chapter to the contrary, every
applicant for licensing as a landscape architect shall be
required, in addition to all other requirements, to establish
by a board approved examination, which may be digital, his or
her competence to plan, design, specify, and supervise the
installation of landscape projects. Each board approved
examination may be supplemented by such oral examinations as
the board shall determine. "
"§34-17-23
The board may exempt from examination an applicant who
holds a license of certificate to practice landscape
architecture issued to him or her upon examination by a
legally constituted board of examiners of any other state or
Washington, D.C. or any other territory or possession under
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Washington, D.C. or any other territory or possession under
the control of the United States; provided, that such
requirements of the state in which the applicant is registered
are equivalent to those of this state. Reserved."
"§34-17-25
The fees prescribed by this chapter shall be in the
following amounts:
(1) The fee for application to the board is one hundred
fifty dollars ($150).
(2) The fee for examination or reexamination shall be
in an amount as established by the board in order to cover all
costs of examination, but in no event shall the fee exceed the
actual cost of preparing and administering the examination.
(3) The fee for an original certificate is fifty
dollars ($50).
(4) The fee for a duplicate certificate is fifty
dollars ($50).
(5) The annual license fee is one hundred fifty dollars
($150).
(6) The delinquent penalty fee is fifty dollars ($50).
(7) The fee for administration of the supplemental
examination attestation, review, and recording on the statutes
and laws governing the practice of landscape architecture in
the State of Alabama is one hundred fifty dollars ($150).
(8) The reinstatement fee is three hundred dollars
($300).
(9) The inactive status fee is seventy-five dollars
($75)."
"§34-17-26
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"§34-17-26
The board, subject to the provisions of this chapter
and the rules and regulations of adopted by the board,
promulgated thereunder prescribing may prescribe the
qualifications for a landscape architect license by
reciprocity., may permit the practice of landscape
architecture in this state under a landscape architect license
issued under the laws of any other state or country, upon
payment of the current fee established by the board, and upon
submission of all of the following evidence satisfactory to
the board:
(1) That the other state or country maintained a system
and standard of qualifications and examinations for a
landscape architect license which were substantially
equivalent to those required in this state at the time the
license was issued by the other state or country.
(2) That the other state or country gives similar
recognition and endorsement to landscape architect licenses of
this state."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................29-Feb-24
Read for the second time and placed
on the calendar: 
 1 amendment
................06-Mar-24
Read for the third time and passed
as amended
Yeas 98
Nays 0
Abstains 0
................21-Mar-24
John Treadwell
Clerk
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