HB-5025, As Passed Senate, December 19, 2008
SUBSTITUTE FOR
HOUSE BILL NO. 5025
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 2201, 2202, 2203, 2204, 2205, 2208, 2209,
2210, and 2211 (MCL 339.2201, 339.2202, 339.2203, 339.2204,
339.2205, 339.2208, 339.2209, 339.2210, and 339.2211), section 2204
as amended by 1981 PA 83 and sections 2205 and 2209 as amended by
1988 PA 463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2201. As used in this article:
(a) "Landscape architect" means a person qualified to engage
in the practice of landscape architecture as provided in this
article.
(b) "Practice of landscape architecture" means all of the
following:
(i) The performance of professional services such as
consultation, investigation, research, planning, design, or
responsible field observation in connection with the development of
land areas where, and to the extent that the dominant purpose of
the services is the preservation, enhancement, or determination of
proper land uses, natural land resources, ground cover and
planting, naturalistic and aesthetic values, the settings and
approaches to structures or other improvements, natural drainage,
and the consideration and determination of inherent problems of the
land relating to erosion, use and stress, blight, or other hazards.
(ii) The location and arrangement of tangible objects and
features incidental and necessary to the purposes outlined in this
article.
Sec.
2202. (1) This article shall does
not preclude prohibit a
registered
licensed landscape architect from performing any of the
services described in section 2201(b)(i) in connection with the
settings, approaches, or environment for buildings, structures, or
facilities.
(2)
This article shall not be construed as authorizing does
not authorize a landscape architect to engage in the practice of
architecture, engineering, or land surveying as defined in article
20.
(3) The licensure requirement of this article does not
prohibit a person from performing or offering services as a
landscape designer, landscape gardener, landscape contractor, or
landscape nursery operator as long as that person does not use the
term "landscape architect".
Sec.
2203. (1) The board of landscape architects is created.
The director shall appoint 1 or more ad hoc committees to assist
the director and the department in adopting rules regarding the
setting of standards for continuing education and continuing
competency courses and programs, providing for exceptions to the
licensure standards in extraordinary cases, and establishing
specific license sanction recommendations for certain violations.
(2) The committees shall consist of as many members as the
director considers necessary but shall include at least a majority
of members that are licensed under this article.
(3) The committees appointed under this section shall serve
during the processing of the rules and may make recommendations and
suggested revisions regarding the content of the rules.
Sec.
2204. An applicant for registration licensure as a
landscape architect shall be of good moral character and shall pass
a
written examination developed by the department. and the board.
In addition, each applicant shall have had not less than 7 years of
training and experience in the actual implementation and practice
of landscape architecture. Satisfactory completion of each year up
to 5 years of an accredited course in landscape architecture in an
accredited school shall be considered as equivalent to a year of
experience.
Sec.
2205. (1) All requirements for registration licensure
shall be completed within 10 years after receipt of the application
by the department. If the requirements are not completed within the
10-year period, the application shall be void.
(2) A demonstration of continuing professional competence
shall be required for renewal of a license as determined by the
department and provided for by rule of the director.
Sec.
2208. Registration Licensure
under this article shall be
on
an individual basis. The department shall not register license a
partnership, association, corporation, or a public agency under
this article.
Sec.
2209. The department may issue a registration license
without
examination to an applicant who is legally registered, or
licensed, or regulated as a landscape architect in any other state
or
country whose requirements for registration, or licensure, or
other regulation are at least substantially equivalent to the
requirements of this state.
Sec. 2210. (1) Each landscape architect shall have a seal,
approved by the department and the board, which shall contain the
name
of the landscape architect, the serial number of his or her
certificate
of registration license and the legend "landscape
architect, state of Michigan" and other words or figures as the
department considers necessary. Plans, specifications, and reports
prepared by the landscape architect or under his or her supervision
shall be stamped with his or her seal when filed with a public
authority.
(2) A landscape architect who indorses a document with his or
her
seal while his or her certificate of registration license is
not in full force and effect, or who indorses a document which the
landscape architect did not actually prepare or supervise the
preparation, is subject to the penalties prescribed in article 6.
Sec. 2211. A person shall not use or advertise the title
"landscape architect" or any title or description tending to convey
the impression that he or she is a landscape architect unless he or
she
is registered as provided in licensed
under this article. This
article does not restrict the use of the titles "landscape
gardener", "landscape contractor", "landscape designer", or
"landscape
nursery man" operator".
Enacting section 1. This amendatory act takes effect 120 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5026 of the 94th Legislature is enacted into
law.