SB 1303, As Passed Senate

SB-1303, As Passed Senate, December 7, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1303

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, and by adding section 2202a.

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 requirements of this article do not apply to

a person offering services as a landscape designer, landscape

gardener, landscape contractor, or landscape nursery operator.

Sec. 2202a. A person shall not engage in, offer to engage in,

or attempt to engage in the practice of landscape architecture

unless licensed under this article or exempt from licensure under

this article.

Sec. 2203. (1) The board of landscape architects is created.

(2) Within 1 year after the effective date of the amendatory

act that added this subsection, any board member representing

landscape architects and serving on that date shall obtain

licensure under this article in order to continue to serve on the

board.

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 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

board 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 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",