HOUSE BILL 128
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Irvin Harrison
AN ACT
RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; PROVIDING FOR LANDSCAPE ARCHITECT IN TRAINING CERTIFICATION; CHANGING THE REGISTRATION QUALIFICATIONS FOR A LANDSCAPE ARCHITECT; AMENDING AND ENACTING SECTIONS OF THE LANDSCAPE ARCHITECTS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-24B-3 NMSA 1978 (being Laws 1985, Chapter 151, Section 3, as amended) is amended to read:
"61-24B-3. DEFINITIONS.--As used in the Landscape Architects Act:
A. "board" means the board of landscape architects;
B. "general administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents;
C. "landscape architect" means [any] an individual registered under the Landscape Architects Act to practice landscape architecture; [and]
D. "landscape architect in training" means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act; and
[D.] E. "landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined by Chapter 61, Articles 15 and 23 NMSA 1978."
Section 2. Section 61-24B-5 NMSA 1978 (being Laws 1985, Chapter 151, Section 5, as amended) is amended to read:
"61-24B-5. EXEMPTIONS.--
A. The following shall be exempt from the provisions of the Landscape Architects Act as long as they do not hold themselves out as landscape architects or use the term "landscape architect" without being registered pursuant to the Landscape Architects Act:
(1) landscape architects who are not legal residents of or who have no established place of business in this state who are acting as consulting associates of a landscape architect registered under the provisions of the Landscape Architects Act; provided that the nonresident landscape architect meets equivalent registration qualifications in [his] the landscape architect's own state or country;
(2) landscape architects acting solely as officers or employees of the United States; and
(3) a person making plans for a landscape associated with a single-family residence or a multifamily residential complex of four units or less except when it is part of a larger complex.
B. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent a professional architect, engineer or land surveyor from engaging in landscape architecture within the limits of [his] the architect's, engineer's or land surveyor's licensure.
C. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent the [draftsmen] landscape architects in training, drafters, students, clerks or superintendents and other employees of registered landscape architects from acting under the instructions, control or supervision of the landscape architect or to prevent the employment of superintendents on the construction, enlargement or alterations of landscape improvements or any appurtenances thereto or to prevent such superintendents from acting under the immediate personal supervision of landscape architects by whom the plans and specifications of any landscape architectural services were prepared."
Section 3. Section 61-24B-7 NMSA 1978 (being Laws 1985, Chapter 151, Section 7, as amended) is amended to read:
"61-24B-7. BOARD--POWERS AND DUTIES.--The board shall:
A. promulgate rules necessary to effectuate the provisions of the Landscape Architects Act;
B. provide for the examination, registration and re-registration of applicants;
C. adopt and use a seal;
D. administer oaths and take testimony on matters within the board's jurisdiction;
E. grant, deny, renew, suspend or revoke certificates of registration to practice landscape architecture in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act;
F. grant, deny, renew, suspend or revoke landscape architect in training certificates in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act;
[F.] G. conduct hearings upon charges relating to discipline of a registrant or the denial, suspension or revocation of a certificate of registration; and
[G.] H. in cooperation with the state board of examiners for architects and the state board of licensure for professional engineers and surveyors, create a joint standing committee to be known as the "joint practice committee" to safeguard life, health and property and to promote the public welfare. The committee shall promote and develop the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of this committee and its powers and duties shall be in accordance with identical resolutions adopted by each board."
Section 4. Section 61-24B-8 NMSA 1978 (being Laws 1985, Chapter 151, Section 8, as amended) is amended to read:
"61-24B-8. QUALIFICATIONS FOR REGISTRATION.--A person desiring to become registered as a landscape architect shall make application to the board on a written form and in such manner as the board prescribes, pay all required application fees and certify and furnish evidence to the board that the applicant:
A. has graduated from an accredited program in landscape architecture at a school, college or university [offering an accredited minimum four-year curriculum and has a minimum of three years of practical experience acceptable to the board] and has a minimum of two years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect [A master's degree in landscape architecture from an accredited college or university may be accepted in lieu of one year of practical experience];
B. has graduated from a nonaccredited program of landscape architecture [or a related field] at a school, college or university offering [an accredited] a minimum four-year bachelor's degree curriculum [and has] or a minimum two-year master's degree curriculum and has a minimum of four years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect [A master's degree from a nonaccredited program of landscape architecture or a related field may be accepted in lieu of one year of practical experience; or];
C. has graduated from a program in a field related to landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum and has a minimum of five years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect; or
[C.] D. has a minimum of ten years of practical experience in landscape architectural work that is acceptable to the board, at least one year of which shall be under the supervision of a landscape architect, provided that:
(1) each satisfactorily completed year of study in an accredited program of landscape architecture [in an accredited school, college or university] may be accepted in lieu of one year of practical experience required under this subsection; or
(2) a baccalaureate degree from [an accredited] a school, college or university [in a related field] may be accepted in lieu of two years of practical experience required under this subsection [or
(3) a master's degree from an accredited school, college or university in a related field may be accepted in lieu of three years of practical experience required under this subsection]."
Section 5. A new section of the Landscape Architects Act is enacted to read:
"[NEW MATERIAL] QUALIFICATIONS FOR CERTIFICATION AS LANDSCAPE ARCHITECT IN TRAINING.--A person desiring to be certified as a landscape architect in training shall make application to the board on a written form and in such manner as the board prescribes, pay all required application fees and certify and furnish evidence to the board that the applicant has practical experience in landscape architectural work acceptable to the board and has:
A. graduated from an accredited program in landscape architecture at a school, college or university;
B. graduated from a non-accredited program of landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum; or
C. graduated from a program related to landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum."
Section 6. A new section of the Landscape Architects Act is enacted to read:
"[NEW MATERIAL] CERTIFICATION AS LANDSCAPE ARCHITECT IN TRAINING--EXAMINATION.--
A. Applicants for certification as a landscape architect in training shall be required to pass the board's examination for landscape architect in training. An applicant who passes the examination may be issued a certificate as a landscape architect in training. The certification is intended to demonstrate that the applicant has obtained certain skills in landscape architecture fundamentals and is pursuing a career in landscape architecture.
B. The board shall conduct examinations of applicants for certification as landscape architects in training at least once each year. The examination shall determine the ability of the applicant to use and understand the theory and practice of landscape architecture and may be divided into such subjects as the board deems necessary.
C. An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rules established by the board.
D. Certification as a landscape architect in training is limited in duration in accordance with the rules established by the board."
Section 7. Section 61-24B-11 NMSA 1978 (being Laws 1985, Chapter 151, Section 11, as amended) is amended to read:
"61-24B-11. FEES.--The board shall establish a schedule of reasonable fees for applications, certificates of registration, certificates as a landscape architect in training, temporary permits, re-registration, inactive status and late registration renewal as follows:
A. the initial application fee shall be set in an amount not to exceed one hundred dollars ($100);
B. the initial certificate of registration fee shall be set in an amount not to exceed three hundred dollars ($300);
C. the certificate of registration renewal fee shall be set in an amount not to exceed four hundred dollars ($400);
D. the initial and the renewal fee for landscape architect in training certification shall be set in an amount not to exceed two hundred dollars ($200);
[D.] E. the annual inactive status fee shall be set at one-half the renewal fee for the year; and
[E.] F. the late fee for registration renewal shall be set at an amount not to exceed twice the renewal fee."
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