Bill Text: IA SSB1173 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act modifying provisions relating to the licensure of professional landscape architects.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-28 - Subcommittee recommends passage. [SSB1173 Detail]
Download: Iowa-2019-SSB1173-Introduced.html
Senate
Study
Bill
1173
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/BANKING
DIVISION
BILL)
A
BILL
FOR
An
Act
modifying
provisions
relating
to
the
licensure
of
1
professional
landscape
architects.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
544B.3,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
A
landscape
architectural
examining
board
is
created
3
within
the
professional
licensing
and
regulation
bureau
of
4
the
banking
division
of
the
department
of
commerce.
The
5
board
consists
of
five
members
who
are
professional
landscape
6
architects
and
two
members
who
are
not
professional
landscape
7
architects
and
who
shall
represent
the
general
public.
Members
8
shall
be
appointed
by
the
governor,
subject
to
confirmation
9
by
the
senate.
A
Four
of
the
five
professional
member
10
members
shall
be
actively
engaged
in
the
practice
of
landscape
11
architecture
or
the
teaching
of
landscape
architecture
in
12
an
accredited
college
or
university,
and
shall
have
been
so
13
engaged
for
five
years
preceding
appointment,
the
last
two
of
14
which
shall
have
been
in
Iowa.
One
of
the
five
professional
15
members
shall
be
actively
engaged
in
the
practice
of
landscape
16
architecture
or
the
teaching
of
landscape
architecture
in
an
17
accredited
college
or
university,
and
may
have
been
so
engaged
18
for
fewer
than
five
years
preceding
appointment
but
at
least
19
one
year
preceding
appointment.
Associations
or
societies
20
composed
of
professional
landscape
architects
may
recommend
the
21
names
of
potential
board
members
to
the
governor.
However,
22
the
governor
is
not
bound
by
the
recommendations.
A
board
23
member
shall
not
be
required
to
be
a
member
of
any
professional
24
association
or
society
composed
of
professional
landscape
25
architects.
26
Sec.
2.
Section
544B.5,
Code
2019,
is
amended
to
read
as
27
follows:
28
544B.5
Duties.
29
The
board
shall
enforce
this
chapter
,
and
shall
make
rules
30
for
the
examination
of
applicants
for
licensure
,
and,
after
31
public
notice,
shall
conduct
examinations
of
applicants
for
32
licensure
.
The
board
shall
keep
a
record
of
its
proceedings.
33
The
board
shall
adopt
an
official
seal
which
shall
be
affixed
34
to
all
certificates
of
licensure
granted.
The
board
may
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make
other
rules,
not
inconsistent
with
law,
as
necessary
1
for
the
proper
performance
of
its
duties.
The
board
shall
2
maintain
a
roster
showing
the
name,
place
of
business,
and
3
residence,
and
the
date
and
number
of
the
certificate
of
4
licensure
of
every
professional
landscape
architect
in
this
5
state.
The
administrator
of
the
professional
licensing
and
6
regulation
bureau
of
the
banking
division
of
the
department
of
7
commerce
shall
hire
and
provide
staff
to
assist
the
board
in
8
implementing
this
chapter
.
9
Sec.
3.
Section
544B.8,
subsection
1,
Code
2019,
is
amended
10
to
read
as
follows:
11
1.
The
board
shall
conduct
examinations
of
applicants
12
for
certificates
of
licensure
as
professional
landscape
13
architects
at
least
once
each
year,
or,
if
there
are
sufficient
14
applications,
at
such
additional
times
as
the
board
may
deem
15
necessary.
The
examination
shall
determine
the
ability
of
16
the
applicant
to
use
and
understand
the
theory
and
practice
17
of
landscape
architecture
and
may
be
divided
into
such
18
subjects
as
the
board
deems
necessary.
The
board
shall
19
determine
the
annual
cost
of
administering
the
examinations
20
and
shall
set
the
fees
accordingly.
A
person
applying
for
a
21
certificate
of
licensure
as
a
professional
landscape
architect
22
shall
satisfactorily
pass
an
examination
in
technical
and
23
professional
subjects
prescribed
by
the
board.
The
board
24
may
adopt
the
uniform
standardized
examination
and
grading
25
procedures
of
a
national
certification
body
recognized
by
the
26
board.
The
examination
may
be
conducted
by
representatives
of
27
the
board.
The
identity
of
a
person
taking
the
examination
28
shall
be
concealed
until
after
the
examination
is
graded.
29
The
fee
for
examination
shall
be
based
on
the
annual
cost
30
of
administering
the
examinations.
The
public
members
of
31
the
board
shall
be
allowed
to
participate
in
administrative,
32
clerical,
or
ministerial
functions
incident
to
giving
the
33
examination,
but
shall
not
determine
the
content
of
the
34
examination
or
determine
the
correctness
of
the
answers.
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Sec.
4.
Section
544B.9,
subsection
1,
unnumbered
paragraph
1
1,
Code
2019,
is
amended
to
read
as
follows:
2
Any
person
may
apply
for
a
certificate
of
licensure
or
3
may
apply
to
take
an
examination
for
such
certification.
4
Applications
for
licensure
shall
be
on
forms
prescribed
and
5
furnished
by
the
board,
shall
contain
statements
made
under
6
oath,
showing
the
applicant’s
education
and
detail
summary
of
7
the
applicant’s
pertinent
practical
landscape
architectural
8
work
and
experience.
The
board
shall
not
require
that
a
recent
9
photograph
of
the
applicant
be
attached
to
the
application
10
form.
An
applicant
shall
not
be
ineligible
for
licensure
11
because
of
age,
citizenship,
sex,
race,
religion,
marital
12
status,
or
national
origin
on
the
basis
of
membership
in
any
13
protected
class
under
chapter
216
.
The
board
may
consider
14
the
past
felony
record
of
an
applicant
only
if
the
felony
15
conviction
relates
directly
to
the
practice
of
landscape
16
architecture.
Character
references
may
be
required
but
17
shall
not
be
obtained
from
professional
landscape
architects.
18
An
application
for
examination
shall
be
accompanied
by
an
19
examination
fee
in
the
amount
determined
by
the
board.
Each
20
applicant
for
licensure
as
a
professional
landscape
architect
21
shall
meet
one
of
the
following
requirements:
22
Sec.
5.
Section
544B.10,
Code
2019,
is
amended
to
read
as
23
follows:
24
544B.10
Foreign
licensees.
25
Any
applicant
who
holds
a
license
or
certificate
to
practice
26
landscape
architecture
issued
to
the
applicant
upon
examination
27
by
a
national
certification
body
recognized
by
the
board
28
as
prescribed
by
rule,
or
by
a
board
of
examiners
in
any
29
other
state,
territory,
or
possession
of
the
United
States,
30
the
District
of
Columbia,
or
of
any
foreign
country,
if
the
31
requirements
for
such
license
or
certificate
were,
at
the
time
32
it
was
issued,
in
the
opinion
of
the
board,
equal
to
or
higher
33
than
the
requirements
of
this
state,
may
be
licensed
without
34
further
examination.
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Sec.
6.
Section
544B.11,
Code
2019,
is
amended
to
read
as
1
follows:
2
544B.11
Licensure.
3
When
an
applicant
has
complied
with
the
application
4
requirements
of
this
chapter
and
has
passed
the
examination
5
to
the
satisfaction
of
a
majority
of
the
licensed
members
6
of
prescribed
by
the
board,
or
is
a
foreign
registrant
and
7
has
qualified
for
licensure
under
this
chapter
,
and
has
paid
8
the
required
licensure
fee,
the
secretary
shall
enroll
the
9
applicant’s
name
and
address
in
the
roster
of
professional
10
landscape
architects
and
issue
to
the
applicant
a
certificate
11
of
licensure
,
signed
by
the
officers
of
the
board
.
12
Sec.
7.
Section
544B.12,
Code
2019,
is
amended
to
read
as
13
follows:
14
544B.12
Seal.
15
Every
professional
landscape
architect
shall
have
a
seal
,
16
approved
by
the
board,
which
shall
contain
the
name
of
the
17
landscape
architect
and
the
words
“Professional
Landscape
18
Architect,
State
of
Iowa”,
and
such
other
words
or
figures
as
19
the
board
may
deem
necessary.
All
landscape
architectural
20
plans
and
specifications,
prepared
by
such
professional
21
landscape
architect
or
under
the
supervision
of
such
22
professional
landscape
architect,
shall
be
dated
and
bear
the
23
legible
seal
of
such
professional
landscape
architect.
Nothing
24
contained
in
this
section
shall
be
construed
to
permit
the
seal
25
of
a
professional
landscape
architect
to
serve
as
a
substitute
26
for
the
seal
of
a
licensed
architect,
a
licensed
professional
27
engineer,
or
a
licensed
professional
land
surveyor
whenever
the
28
seal
of
an
architect,
engineer,
or
land
surveyor
is
required
29
under
the
laws
of
this
state.
30
Sec.
8.
Section
544B.16,
Code
2019,
is
amended
to
read
as
31
follows:
32
544B.16
Procedure.
33
A
person
may
file
charges
a
complaint
with
the
board
against
34
a
professional
landscape
architect
or
the
board
may
initiate
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charges
a
complaint
.
The
charges
shall
be
in
writing,
sworn
1
to
if
by
a
complainant
other
than
the
board,
and
filed
with
2
the
board.
Unless
the
charges
are
complaint
is
dismissed
3
by
the
board
as
unfounded
or
trivial,
the
board
may
request
4
the
department
of
inspections
and
appeals
to
conduct
an
5
investigation
into
the
charges
complaint
.
The
department
of
6
inspections
and
appeals
shall
report
its
findings
to
the
board,
7
and
the
board
shall
hold
a
hearing
within
sixty
days
after
the
8
date
on
which
the
charges
are
complaint
is
filed.
The
board
9
shall
fix
the
time
and
place
for
such
hearing
and
shall
cause
10
a
copy
of
the
charges
complaint
,
together
with
a
notice
of
11
the
time
and
place
fixed
for
the
hearing,
to
be
served
on
the
12
accused
at
least
thirty
days
before
the
date
fixed
for
the
13
hearing.
Where
personal
service
cannot
be
effected,
service
14
may
be
effected
by
publication.
At
such
hearing,
the
accused
15
shall
have
the
right
to
appear
personally
or
by
counsel,
to
16
cross-examine
witnesses
against
the
accused,
and
to
produce
17
evidence
and
witnesses
in
defense.
After
the
hearing,
the
18
board
may
suspend
or
revoke
the
certificate
of
licensure.
The
19
board
may
restore
the
certificate
of
licensure
to
any
person
20
whose
certificate
of
licensure
has
been
revoked.
Application
21
for
the
restoration
of
a
certificate
of
licensure
shall
be
made
22
in
such
manner,
form,
and
content
as
the
board
may
prescribe.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
modifies
provisions
in
Code
chapter
544B,
relating
27
to
the
licensure
of
professional
landscape
architects
by
the
28
landscape
architectural
examining
board.
29
Current
law
requires
all
five
professional
members
of
the
30
board
to
be
actively
engaged
in
the
practice
or
teaching
of
31
landscape
architecture
for
five
years
preceding
appointment
to
32
the
board,
the
last
two
of
which
in
Iowa.
The
bill
provides
33
that
one
of
the
five
professional
members
may
be
actively
34
engaged
in
the
practice
or
teaching
of
landscape
architecture
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for
fewer
than
five
years
preceding
appointment
to
the
board
1
but
at
least
one
year
preceding
appointment.
2
The
bill
removes
language
providing
that
the
board
shall
3
conduct
examinations
for
licensure
after
providing
public
4
notice.
The
bill
also
removes
language
providing
that
the
5
board
shall
conduct
examinations
for
licensure
at
least
once
a
6
year.
The
bill
provides
that
the
board
may
adopt
the
uniform
7
standardized
examination
and
grading
procedures
of
a
national
8
certification
body
recognized
by
the
board.
The
bill
provides
9
that
the
examination
may
be
conducted
by
representatives
of
the
10
board.
The
bill
provides
that
the
identity
of
persons
taking
11
the
examination
shall
be
concealed
until
after
examinations
are
12
graded.
13
Current
law
provides
than
an
applicant
for
licensure
shall
14
not
be
ineligible
for
licensure
because
of
age,
citizenship,
15
sex,
race,
religion,
marital
status,
or
national
origin.
16
The
bill
broadens
this
prohibition
by
providing
that
an
17
applicant
shall
not
be
ineligible
for
licensure
on
the
basis
of
18
membership
in
any
protected
class
under
Code
chapter
216,
the
19
Iowa
civil
rights
Act.
20
The
bill
allows
an
applicant
for
licensure
holding
a
license
21
or
certificate
to
practice
landscape
architecture
issued
upon
22
examination
by
a
national
certification
body
recognized
by
23
the
board
as
prescribed
by
rule,
in
addition
to
examination
24
by
another
state
or
foreign
country,
to
be
licensed
in
Iowa
25
without
further
examination
under
certain
circumstances.
26
The
bill
removes
language
providing
that
a
certificate
27
of
licensure
shall
be
signed
by
the
officers
of
the
board.
28
The
bill
also
removes
language
providing
that
the
seal
of
a
29
professional
landscape
architect
shall
be
approved
by
the
30
board.
31
The
bill
replaces
the
term
“charge”
with
“complaint”
in
Code
32
section
544B.16,
which
establishes
a
procedure
for
complaints
33
against
professional
landscape
architects.
The
bill
removes
34
language
requiring
a
complaint
against
a
professional
landscape
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