Bill Text: MS HB1269 | 2024 | Regular Session | Engrossed
Bill Title: Landscape architects; authorize to participate with multi-disciplinary engineer and architecture firms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-04-02 - Died In Committee [HB1269 Detail]
Download: Mississippi-2024-HB1269-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Business and Commerce
By: Representative Creekmore IV
House Bill 1269
(As Passed the House)
AN ACT TO AMEND SECTION 73-1-19, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI ARCHITECT LICENSING LAWS TO AUTHORIZE MULTI-DISCIPLINARY FIRMS TO INCLUDE ARCHITECTS, LANDSCAPE ARCHITECTS AND ENGINEERS AS LONG AS ONE ACTIVE MEMBER OR STOCKHOLDER OF THE FIRM HOLDS A CERTIFICATE TO PRACTICE ARCHITECTURE IN THE STATE OF MISSISSIPPI; TO AMEND SECTION 73-2-5, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS RELATING TO A PERSON INDICATING HE OR SHE IS PRACTICING LANDSCAPE ARCHITECTURE OR IS A LANDSCAPE ARCHITECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-1-19, Mississippi Code of 1972, is amended as follows:
73-1-19. (1) For purposes of this section, the term "Business Entity" means any partnership, professional association, joint enterprise, corporation, professional corporation, limited liability company or professional limited liability company engaging in the practice of architectural services in this state.
(2)
* * * Each
active partner, member or stockholder, and each officer, director or manager * * * of a foreign or domestic business entity of
architects, architects and landscape architects, architects and engineers,
or architects, landscape architects and engineers,
must hold a certificate to practice architecture, landscape architecture
or engineering in that member's state of residence; and, * * * each foreign * * *
business entity doing business in this state * * * shall have at least one (1) active
member or stockholder * * * who holds a certificate to practice architecture in this
state. No * * * business entity shall be entitled to a
certificate to practice architecture in this state. * * *
(3)
Nothing in this chapter shall be construed * * * to prohibit a * * * business
entity that is composed of one (1) or several duly registered architects
and duly registered landscape architects, or one (1) or several duly registered professional engineers * * * and duly registered architects,
or one (1) or several duly registered professional engineers, duly registered
architects and duly registered landscape architects; and it shall be lawful
for such * * * business entity to use in its title any
combination of the words * * *,
"engineers and architects" "architects and landscape architects",
or "engineers, landscape architects and architects"; provided,
however, that all announcements, cards, stationery, printed matter and listings
of * * * the business entity shall indicate * * * whether * * * each member is a registered
architect, * * *
a registered engineer or a registered landscape architect * * *,
and shall * * *
disclose the name of at least one (1) person who is * * * licensed as an architect in
this state * * *.
Employees of a * * *
business entity who are not registered as architects, * * * engineers or landscape architects * * *
in a business entity between architects * * *, architects and engineers, architects
and landscape architects, or architects, landscape architects and engineers,
may only use business cards for that * * * business entity if the employee's
job title * * * is clearly stated.
* * *
(4) In any business entity with ownership by a registered landscape architect or landscape architects, as described in this section, a minimum of two-thirds (2/3) of the partners, joint owners, stockholders, directors, officers, members, managers and others, depending on the legal structure of the business entity, shall be registered architects or registered professional engineers and no more than one-third (1/3) of the individual or collective ownership interest of the business entity may be owned by the landscape architect or landscape architects, whichever is applicable.
(5) In a business entity between one (1) or several registered architects and registered professional engineers or one (1) or several registered architects and registered landscape architects, or one (1) or several registered architects, registered engineers and registered landscape architects engaging in the practice of architectural services in this state, any contract or agreement to provide architectural services as the prime design professional shall be executed on behalf of the business entity by a partner, stockholder, director, member, manager or officer of the business entity, with authority to contractually bind the business entity. A partner, stockholder, director, member, manager or officer who is an architect registered in this state shall exercise responsible control over the particular architectural services contracted for by the business entity and that architect's name and seal shall appear on all documents prepared by the business entity in its practice of architecture. Other partners, stockholders, directors, members, managers or officers shall not direct the professional judgment of the architect in responsible control over the practice of architecture by the business entity. Any business entity engaging in the practice of architectural services in this state shall furnish the board with such information about its organization, ownership and activities as the board shall require through the board's rulemaking authority under Section 73-1-9.
(6) No business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, stockholders, directors, members or managers. No individual practicing architecture under this chapter shall be relieved of responsibility for architectural services performed by reason of employment or other relationship with any such business entity. A partner, stockholder, director, member or manager of a business entity between architects, architects and engineers, architects and landscape architects, or architects, landscape architects and engineers is not liable for the negligence, wrongful acts, misconduct, or omissions of other agents, employees, partners, stockholders, directors, members, or managers of the business entity unless the individual is at fault for failing to provide responsible control over them.
(7) Each person holding a certificate to practice architecture in this state shall post such certificate in a prominent place in the architect's place of business. Failure to post the certificate shall be sufficient cause for revocation of such certificate.
(8) The following persons and practices shall be exempted from the provisions of this chapter:
Draftsmen, students, clerks-of-work
and other employees of those lawfully practicing as registered architects under
the provisions of this chapter acting under the instruction, responsible
control or supervision of * * *their employers a licensed architect.
SECTION 2. Section 73-2-5, Mississippi Code of 1972, is amended as follows:
73-2-5. In order to safeguard life, health and property, no person shall practice landscape architecture in this state, or use the title "landscape architect", or any prefix, suffix or other form thereof on any sign, title, card or device to indicate that such person is practicing landscape architecture or is a landscape architect, unless such person shall have secured from the board a license as landscape architect in the manner hereinafter provided, and shall thereafter comply with the provisions of this chapter. Every holder of a current license shall display it in a conspicuous place in his or her principal office or place of employment.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.
