HB 128

Page 1

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 an individual

registered under the Landscape Architects Act to practice

landscape architecture;

D. "landscape architect in training" means an

individual certified under the Landscape Architects Act who is

HB 128

Page 2

actively pursuing completion of the requirements for licensure

pursuant to that act; and

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

HB 128

Page 3

qualifications in 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 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 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."

HB 128

Page 4

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;

G. conduct hearings upon charges relating to

discipline of a registrant or the denial, suspension or

revocation of a certificate of registration; and

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

HB 128

Page 5

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 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;

B. has graduated from a nonaccredited 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 and has a minimum

HB 128

Page 6

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;

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

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 may

be accepted in lieu of one year of practical experience

required under this subsection; or

(2) a baccalaureate degree from a school,

college or university may be accepted in lieu of two years of

practical experience required under this subsection."

Section 5. A new section of the Landscape Architects

Act is enacted to read:

"QUALIFICATIONS FOR CERTIFICATION AS LANDSCAPE ARCHITECT

IN TRAINING.--A person desiring to be certified as a landscape

HB 128

Page 7

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:

"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

HB 128

Page 8

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);

E. the annual inactive status fee shall be set at

one-half the renewal fee for the year; and

F. the late fee for registration renewal shall be

set at an amount not to exceed twice the renewal fee."

HB 128

Page 9