Bill Text: MS HB235 | 2023 | Regular Session | Introduced
Bill Title: Landscape architects; authorize to participate with multi-disciplinary engineer and architecture firms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [HB235 Detail]
Download: Mississippi-2023-HB235-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representative Creekmore IV
House Bill 235
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 BRING FORWARD SECTION 73-2-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SIGNAGE REQUIREMENTS OF LANDSCAPE ARCHITECTS, FOR PURPOSES OF AMENDMENT; 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 offering 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, or 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 registered professional
engineers * * *
and duly registered architects, or one (1) or several registered professional
engineers and duly registered landscape architects; and it shall be lawful
for such * * * business entity to use in its title any
combination of the words "architects and engineers" * * *, "engineers and architects"
"architects and landscape architects", or "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. * * * The name of * * * the * * * business entity
shall contain the name of at least one (1) person who is registered as an
architect in this state and * * * no * * * person's * * * name may be placed on any
announcement, card, stationery, printed matter or listing * * * in this state by the
business entity, unless there is designated thereon as to whether * * * the listed person is
licensed 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 or architects
and landscape architects, 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, landscape architect and an architect or an engineer and an architect, 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, one (1) or several registered architects and registered professional engineers or one (1) or several registered architects and registered landscape architects offering architectural services in this state, any contract or agreement to provide architectural services 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, who is a registered architect in this state. 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 offering 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 rule making authority under Section 73-1-9.
(6) It is further specifically provided that each individual who renders professional services on behalf of a business entity that provides architectural services, landscape architectural services or engineering services in a business entity between architects, architects and engineers or architects and landscape architects, is personally liable for any negligent or wrongful act or omission in which the individual personally participates to the same extent as if the individual rendered the professional services as a sole practitioner. A partner, stockholder, or member of a business entity between architects, architects and engineers or architects and landscape architects, is not liable for the negligence, wrongful acts, misconduct, or omissions of other partners, stockholders, members, agents, or employees of the business entity unless the individual is at fault for failing to provide responsible control over them.
SECTION 2. Section 73-2-5, Mississippi Code of 1972, is brought forward as follows:
73-2-5. No person shall practice landscape architecture in this state or use the title "landscape architect" 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 principal office or place of employment.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.
