HB594INTRODUCED Page 0 HB594 Y5KV666-1 By Representatives Rafferty, Wilcox, Underwood RFD: Boards, Agencies and Commissions First Read: 17-Apr-25 1 2 3 4 5 Y5KV666-1 02/17/2025 KMS (L)cr 2024-3263 Page 1 First Read: 17-Apr-25 SYNOPSIS: Under existing law, the Alabama Board of Examiners of Landscape Architects regulates the practice of landscape architecture in this state. This bill would clarify definitions, examination requirements, and fees. This bill would provide for reciprocity. This bill would also make nonsubstantive, technical revisions to update existing code language to current style. A BILL TO BE ENTITLED AN ACT Relating to the Alabama Board of Examiners of Landscape Architects; to amend Sections 34-17-1, 34-17-20, 34-17-21, 34-17-22, 34-17-25, and 34-17-26, Code of Alabama 1975, to clarify definitions, examination requirements, and fees; to provide for reciprocity; to repeal Section 34-17-23, Code of Alabama 1975, relating to reciprocity; and to make nonsubstantive, technical revisions to update existing code language to current style. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB594 INTRODUCED Page 2 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 34-17-1, 34-17-20, 34-17-21, 34-17-22, 34-17-25, and 34-17-26 of the Code of Alabama 1975, are amended to read as follows: "§34-17-1 For purposes of this chapter, the following words and phrases shall have the respective following meanings ascribed by this section: (1) BOARD. The Alabama State Board of Examiners of Landscape Architects. (2) CLARB. The Council of Landscape Architectural Registration Boards which is comprised of members of landscape architect licensing boards located across the United States and Canada. (2)(3) LANDSCAPE ARCHITECT. A person An individual who is engaged or offers to engage in the practice of landscape architecture, as hereinafter defined in this state . (3)(4) 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB594 INTRODUCED Page 3 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 in this chapter 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." "§34-17-20 (a) In order to safeguard public welfare, health, and property and to promote public good, any person individual 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 in this chapter . It shall be unlawful for any person individual 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. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB594 INTRODUCED Page 4 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 shall comply with at least one of the following : (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 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB594 INTRODUCED Page 5 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 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 (2) Satisfy the requirements for licensing by reciprocity as provided by board rule ." "§34-17-22 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 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB594 INTRODUCED Page 6 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 The licensing examination shall be developed and administered by CLARB ." "§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 Alabama this state is one hundred fifty dollars ($150). (8) The reinstatement fee is three hundred dollars 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 HB594 INTRODUCED Page 7 (8) The reinstatement fee is three hundred dollars ($300). (9) The inactive status fee is seventy-five dollars ($75)." "§34-17-26 The board, subject to the provisions of this chapter and the rules and regulations of the board promulgated thereunder prescribing by rule, may provide for the qualifications for a landscape architect license , 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: by reciprocity. (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. Section 34-17-23, Code of Alabama 1975, relating to the reciprocal licensing of architects, is repealed. Section 3. This act shall become effective on October 1, 2025. 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194