June 14, 2006, Introduced by Senator KUIPERS and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
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,
grading, storm water management, 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 not preclude 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 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
any of the following:
(a) A person licensed under article 20 as an architect,
professional engineer, or professional surveyor or any other
individual licensed under this act or another act while engaged in
activities within the scope of his or her practice.
(b) An owner doing landscape architectural work upon, or in
connection with, construction on the owner's property for the
owner's own use and to which employees and the public do not
generally have access.
(c) A person who is licensed to engage in the practice of
landscape architecture in another state while temporarily in this
state to present a proposal for services.
(d) A person offering services as a landscape designer,
landscape gardener, landscape contractor, or landscape nursery
operator, where the services rendered are not considered services
within the scope of the practice of landscape architecture and do
not impact the public health, safety, and welfare.
Sec. 2202a. (1) 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.
(2) A person shall not use or advertise any title or
description tending to convey the impression that he or she is a
landscape architect or he or she offers landscape architect
services unless he or she is licensed 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 of landscape architects 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. (1) Beginning the license cycle after the effective
date of the amendatory act that added this subsection, the
department shall issue a license as a landscape architect to an
individual registered under this article upon application and
payment of the renewal fee.
(2)
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. (1) 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",
"landscape designer", or "landscape nursery man".
(2) A person is subject to the penalties set forth in article
6 who commits 1 of the following:
(a) Engages in the practice of landscape architecture or uses
the term "landscape architect", or a similar term in connection
with the person's name unless the person is licensed or exempt from
licensure under this article.
(b) Presents or attempts to use as the person's own the
license or seal of another.
(c) Uses or attempts to use an expired, suspended, or revoked
license.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1304
of the 93rd Legislature is enacted into law.