Bill Text: NJ A1659 | 2010-2011 | Regular Session | Introduced
Bill Title: Abolishes Landscape Architect Examination and Evaluation Committee; transfers powers to New Jersey State Board of Architects.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Regulated Professions Committee [A1659 Detail]
Download: New_Jersey-2010-A1659-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Camden)
Co-Sponsored by:
Assemblywoman Voss
SYNOPSIS
Abolishes Landscape Architect Examination and Evaluation Committee; transfers powers to New Jersey State Board of Architects.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning landscape architects, amending the title and body of P.L.1983, c.337, and revising and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The title of P.L.1983, c.337 is amended to read as follows:
An Act concerning the [certification] licensure of landscape architects, amending parts of the statutory law and supplementing chapter 3 of title 45 of the Revised Statutes.
(cf: P.L.1983, c.337, Title)
2. R.S.45:3-1 is amended to read as follows:
45:3-1. The New Jersey State Board of Architects, hereinafter in this chapter designated as the "board," created and established by an act entitled "An act to regulate the practice of architecture," approved March twenty-fourth, one thousand nine hundred and two (P.L.1902, c.29, p.54), as amended and supplemented, is continued. The board shall consist of [11] 15 members: [six] eight of whom shall be architects residing in this State and shall have been engaged in the practice of their profession for at least 10 years; [one] three of whom shall be [a certified] licensed landscape [architect] architects in good standing and engaged in the practice of landscape architecture for at least five years pursuant to [sections 4 through 18 of] P.L.1983, c.337 (C.45:3A-1 et seq.), except as to the initial [appointment] appointments to the board, who shall become [certified] licensed as soon as practicable after [his appointment] their appointments; one of whom shall be a certified interior designer who is not a licensed architect and is certified pursuant to P.L.2002, c.86 (C.45:3-31 et al.), in good standing and engaged in providing interior design services for at least 10 years, except as to the initial appointment to the board, who shall become certified as soon as practicable after his appointment; two of whom shall be public members and one of whom shall be a State executive department member as prescribed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). On the effective date of [this act] P.L.1950, c.323 the terms of office of the members of the board shall cease and terminate, and they shall thereafter continue in office as hold-over members until such time as the Governor shall designate and appoint them to serve for new terms of office as hereinafter provided. Within a period of 30 days after the effective date of [this act] P.L.1950, c.323, or as soon thereafter as circumstances shall permit, the Governor shall designate and appoint said members to serve and hold office for the following terms: one member for a term of one year from the date of such designation and appointment; one member for a term of two years from said date; one member for a term of three years from said date; one member for a term of four years from said date; and one member for a term of five years from said date. The initial landscape architect appointment pursuant to P.L.1983, c.337 shall be for a term of two years beginning July 1 next following the appointment. The initial appointment of a certified interior designer and the sixth architect appointed pursuant to [this section] P.L.2002, c.86 (C.45:3-31 et al.) shall be for a term of three years beginning July 1 next following the appointment. The initial appointments of the second and third landscape architects pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be for terms of two and three years, respectively, beginning July 1 next following each appointment. The initial appointments of the seventh and eighth architects pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be for terms of two and three years, respectively, beginning July 1 next following each appointment. Should any vacancy exist on the board at the time of appointment and designation of the members to the new terms herein provided for, the Governor shall appoint a new member to fill such vacancy, subject to the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2), such member to serve for any one of the several terms herein fixed as the Governor in his discretion shall designate. Thereafter, upon the expiration of the term of office of any member, his successor shall be appointed by the Governor, subject to the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2), for a term of five years. Each member shall hold his office until his successor has qualified. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for an original appointment. Except as hereinafter provided, the members of the board shall serve without compensation.
(cf: P.L.2002, c.86, s.17)
3. R.S.45:3-2 is amended to read as follows:
45:3-2. The members of the board shall, before entering upon the discharge of their duties, and within [thirty] 30 days after their appointment, take and subscribe an oath, for the faithful performance of their duties, before an officer authorized to administer oaths in this State, and file the same with the Secretary of State. They shall annually elect a president and vice-president from their number, and subject to the provisions of [Chapter 439 of the Laws of 1948] P.L.1948, c.439 (C.52:17B-1 et seq.), and a secretary who need not be a member of the board and who shall also be director, each of whom shall hold office for one year and until his successor has qualified. The secretary shall receive compensation for his services as provided by [section 45:1-4 of this Title] R.S.45:1-4. Special meetings of the board shall be called by the secretary upon the request of any two members by giving at least five days' written notice of the meeting to each member. [Three] A majority of the members of the board shall constitute a quorum.
(cf: P.L.1950, c.323, s.2)
4. Section 4 of P.L.1983, c.337 (C.45:3A-1) is amended to read as follows:
4. In order to safeguard life, health and property, and promote the public welfare, a person using the title "landscape architect" and engaging in the practice of landscape architecture in this State is required to submit evidence that the person is qualified to be [certified] licensed to practice landscape architecture as provided in [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.). It is unlawful for a person to use the title "landscape architect" or any other title, sign, card or device in a manner which tends to convey the impression that the person is a [certified] licensed landscape architect. Every holder of a [certificate] license shall display it in a conspicuous place in his principal office, place of business or employment.
No corporation, firm, partnership or association shall be granted a [certificate] license under [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.). No corporation, firm, partnership or association shall practice landscape architecture or use or assume a name involving the word "landscape architect," or a modification or derivative of the term, unless an executive officer, if a corporation, or a member, if a firm, partnership or association, is a [certified] licensed landscape architect of the State.
(cf: P.L.1983, c.337, s.4)
5. Section 5 of P.L.1983, c.337 (C.45:3A-2) is amended to read as follows:
5. As used in this act:
a. "[Certified] Licensed landscape architect" means an individual who, by reason of his knowledge of natural, physical [and] , mathematical and social sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and is [certified] licensed by the board as a landscape architect.
b. "The practice of landscape architecture" means any service in which the principles and methodology of landscape architecture are applied in consultation, evaluation [and] , planning, and design, including the preparation and filing of sketches, drawings, plans and specifications for review and approval by governmental agencies, and responsible administration of contracts [relative to projects principally directed at the functional and aesthetic use of land. Nothing contained in this section shall be construed to restrict or otherwise affect the right of any person or corporation to engage in the practice of landscape architecture, but no person or corporation shall hold himself out as, or use the title "certified landscape architect," unless he has been certified pursuant to this act] to the extent that the primary purpose of the contractual services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches, or environment for structures or other improvements, the shaping and contouring of land and water forms, natural drainage and determination of related impacts, assessments, and problems of land disturbance including erosion and sedimentation, blight, or other hazards. This practice includes the location and arrangement of those tangible objects and features as are incidental and necessary for any government approval and as may be prescribed by State or local authorities, but does not include the design of structures or facilities ordinarily included in the practice of engineering or architecture and does not include the making of land surveys, or final land plats for official approval or recording or other services as set forth in subsection (e) of section 2 of P.L.1938, c.342 (C.45:8-28).
The practice shall not prohibit any person from preparing landscaping plans for sites where government review or approvals are not required or where government review or approvals do not require the signature and seal of a landscape architect.
c. ["Committee" means the Landscape Architect Examination and Evaluation Committee.] (Deleted by amendment, P.L. , c. ) (cf: P.L.1983, c.337, s.5)
6. Section 6 of P.L.1983, c.337 (C.45:3A-3) is amended to read as follows:
6. Nothing in [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.) shall be construed to prevent the practice of architecture, engineering [or] , land surveying or professional planning by a holder of a license to practice that profession licensed by this State, but no architect, engineer, surveyor or professional planner shall use the designation "landscape architect" unless [certified] licensed as a landscape architect in this State.
(cf: P.L.1983, c.337, s.6)
7. Section 9 of P.L.1983, c.337 (C.45:3A-6) is amended to read as follows:
9. The [committee] board is authorized to review the content and duration of courses of study offered by colleges and universities for degrees in landscape architecture and to establish and maintain a register of colleges and universities whose curricula in landscape architecture are approved by the [committee] board; to establish and maintain a list of recognized subjects and courses of study, and to establish minimum requirements therefor which shall be acceptable to the board [and the committee].
In addition to those records of proceedings and applicants established by the board, the [committee] board shall keep a record of its proceedings and a record of all applicants for [certification] licensure, showing for each the date of application, name, age, education, and other qualifications, place of practice and place of residence, whether or not an examination was required, and whether the applicant was rejected or a [certificate] license granted, and the date of that action.
(cf: P.L.1983, c.337, s.9)
8. Section 10 of P.L.1983, c.337 (C.45:3A-7) is amended to read as follows:
10. Each person applying for [certification] licensure as a landscape architect shall make application therefor to the board on the form and in the manner the [committee] board prescribes [and the board shall immediately refer each application to the committee for appropriate action]. Each applicant shall furnish evidence satisfactory to the [committee] board that he:
a. Is of good moral character;
b. Meets the educational and experience qualifications prescribed by [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.) for [certification] licensure as a landscape architect; and
c. Unless exempt from examination pursuant to [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.), has passed an examination satisfactory to the [committee] board.
(cf: P.L.1983, c.337, s.10)
9. Section 11 of P.L.1983, c.337 (C.45:3A-8) is amended to read as follows:
11. a. An applicant for examination or [certification] licensure as a landscape architect shall provide the [committee] board with evidence satisfactory to it that he:
(1) Is the holder of a bachelor's or higher degree in landscape architecture from a college or university having a landscape architecture curriculum approved by the [committee] board; and
(2) Has engaged in landscape architectural work satisfactory to the [committee] board to an extent that his combined college study and practical experience total at least [six] eight years.
b. [In lieu of the degree and practical experience requirements specified in paragraph a. of this section, evidence of 10 or more years of practical experience in landscape architecture of a grade and character satisfactory to the committee may be accepted. Each complete year of study satisfactory to the committee may be accepted in lieu of one year's practical experience toward the required total of 10 years. Six years of practical experience satisfactory to the committee may be accepted by the committee for admission to that portion of the examination related to landscape architecture.] (Deleted by amendment, P.L. , c. )
c. [Six] Eight years after the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill), an applicant shall be eligible for [certification] licensure as a landscape architect only if he meets the requirements of subsection a. of this section.
d. For a period of one year from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a licensed architect or licensed professional engineer may be licensed by the board as a landscape architect provided that:
(1) The architect or engineer meets the educational standards for licensure as established by the board in accordance with paragraph (2) of this subsection;
(2) The board is authorized to review the content and duration of courses of study offered by colleges and universities for degrees in architecture and engineering and to establish and maintain a register of colleges and universities whose curricula in architecture and engineering are approved by the board as containing sufficient recognized subjects and courses of study in landscape architecture to meet such minimum requirements therefor, which shall be deemed acceptable to the board;
(3) The architect or engineer has engaged in landscape architectural work satisfactory to the board for a period of not less than five years; and
(4) The architect or engineer has passed, as determined by the board, the landscape architect examination administered by the board to individuals applying for licensure as landscape architects.
(cf: P.L.1983, c.337, s.11)
10. Section 12 of P.L.1983, c.337 (C.45:3A-9) is amended to read as follows:
12. The following fees shall be assessed and collected by the board:
a. An application fee for [certification] licensure as a landscape architect which shall not be subject to refund;
b. An examination fee and initial two-year [certification] licensure fee for landscape architects which shall be subject to refund if the applicant is determined to be ineligible for examination, withdraws his application for examination, or fails to appear for examination;
c. A two-year renewal fee for landscape architects; and
d. A reinstatement fee for [certified] licensed landscape architects.
(cf: P.L.1983, c.337, s.12)
11. Section 13 of P.L.1983, c.337 (C.45:3A-10) is amended to read as follows:
13. a. The [committee] board shall administer an examination to be given to all persons, not exempt from examination pursuant to [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.), who have applied for [certification] licensure as landscape architects.
b. The [committee] board may exempt from examination an applicant who holds a license or certificate to practice landscape architecture issued to him upon examination by a legally constituted board of examiners in any state, district or territory in the United States, provided the applicant's qualifications meet the requirements enforced in this State at the time the license or certificate was issued.
Unless a majority of the [full committee] board shall determine otherwise, the examination to be administered to all nonexempt applicants shall consist of the [Unified National Examination] Landscape Architect Registration Examination as prepared by the Council of Landscape Architectural Registration Boards.
c. A landscape architect holding a valid certificate issued by the board pursuant to P.L.1983, c.337 (C.45:3A-1 et seq.) on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be exempt from any examination requirements provided by P.L. , c. (C. ) (pending before the Legislature as this bill) and shall be considered a licensed landscape architect immediately upon that effective date and provided with a license as a landscape architect at the next renewal pursuant to section 15 of P.L.1983, c.337 (C.45:3A-12 et seq.).
(cf: P.L.1983, c.337, s.13)
12. Section 14 of P.L.1983, c.337 (C.45:3A-11) is amended to read as follows:
14. The [committee] board shall review the qualifications of each person who applies for [certification] licensure as a landscape architect. Notwithstanding any other provision of [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.) to the contrary, no applicant shall be [certified] licensed by the board unless [a majority of] the [full committee] board first determines that he is qualified by education, experience and satisfactory performance on the examination to be [certified] licensed as a landscape architect and all applicants who are determined to be so qualified [and are recommended for certification by the committee] shall be [certified] licensed by the board.
[The board is authorized to review the actions taken by the committee with respect to the committee's evaluation and examination of applicants for certification as landscape architects but the board may reverse, modify or fail to implement any of the above described actions of the committee only by the affirmative vote of at least six members of the board.]
(cf: P.L.1983, c.337, s.14)
13. Section 15 of P.L.1983, c.337 (C.45:3A-12) is amended to read as follows:
15. [Certificates] Licenses for landscape architects shall expire on May 30 in the second year next following the year of issuance, renewal or reinstatement, and shall become invalid on that day unless renewed. [Certified] Licensed landscape architects shall apply for renewal before May 30 in the year of expiration of a [certificate] license. On or before May 1 in the year of expiration of a [certificate] license the secretary of the board shall notify all persons [certified] licensed under [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.) of the date of the expiration of their [certificates] licenses and the amount of the renewal fee. Notice shall be mailed to each [holder of a certificate] licensee at his last post office address known to the board.
Failure on the part of the [holder of a certificate] licensee to renew his [certificate] license every two years in the month of May shall not deprive that person of the right of renewal during the ensuing two years, but a reinstatement fee shall be added to the [certificate] license fee; and if the [certificate] license is not renewed within the two years next following its expiration, the [holder of the certificate] licensee shall pay a reinstatement fee for each two years or portion thereof in which the [holder] licensee is in arrears. Continuing to use the title "landscape architect" after the expiration of the [certificate] license shall be a violation of [this amendatory and supplementary act] P.L.1983, c.337 (C.45:3A-1 et seq.).
A duplicate [certificate] license to replace one lost, destroyed or mutilated may be issued subject to the rules and regulations of the board, and a reasonable fee, to be established by the board may be charged for each duplicate [certificate] license. An unsuspended, unrevoked and unexpired [certificate] license as a landscape architect under [this act] P.L.1983, c.337 (C.45:3A-1 et seq.) shall be prima facie evidence in all courts and places that the person named therein is [certified] licensed. Each [certificate] license shall be recorded by the board in the office of the Secretary of State, in a book kept for that purpose, and any recording fee as may be provided by law shall be paid by the applicant before the [certificate] license is delivered.
(cf: P.L.1983, c.337, s. 15)
14. Section 16 of P.L.1983, c.337 (C.45:3A-13) is amended to read as follows:
16. Every person [using the title "landscape architect"] licensed to practice landscape architecture shall have a seal of a type approved by the board, which shall contain the name of the landscape architect, his [certificate] license number, the legend "[certified] licensed landscape architect" and other words or figures as the board may deem necessary. All working drawings and specifications prepared by the landscape architect or under the supervision of the landscape architect shall be stamped with the seal and shall be signed on the original, with the personal signature of the [certified] licensed landscape architect, when filed with public officials. The board [, upon recommendation and approval of the committee,] may by regulation, change or modify the requirements as to the signing and sealing of documents.
(cf: P.L.1983, c.337, s.16)
15. Section 18 of P.L.1983, c.337 (C.45:3A-15) is amended to read as follows:
18. [Four] a. Except as provided in subsections b. and c of this section, two years from the effective date of [this amendatory and supplementary act] P.L. , c. (C. ) (pending before the Legislature as this bill) and every [four] two years thereafter, each person [certified] licensed to practice landscape architecture in this State shall certify to the board, upon a form issued and distributed by the board, that the person has attended, or participated in not less than [20] 24 hours of continuing education in landscape architecture as follows: college postgraduate courses, lectures, seminars, or workshops, as approved by the [committee] board or any other evidence of continuing education which the board may approve.
b. Two years from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and every two years thereafter, each architect who is licensed to practice landscape architecture pursuant to subsection d. of section 11 of P.L.1983, c.337 (C.45:3A-8), shall certify to the board, upon a form issued and distributed by the board, that the person has attended or participated in not less than 12 hours of continuing education in landscape architecture as follows: college postgraduate courses, lectures, seminars, or workshops, as approved by the board or any other evidence of continuing education which the board may approve.
c. Two years from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and every two years thereafter, each professional engineer who is licensed to practice landscape architecture pursuant to subsection d. of section 11 of P.L.1983, c.337 (C.45:3A-8), shall certify to the board, upon a form issued and distributed by the board, that the person has attended or participated in not less than 24 hours of continuing education in landscape architecture as follows: college postgraduate courses, lectures, seminars, or workshops, as approved by the board or any other evidence of continuing education which the board may approve.
(cf: P.L.1983, c.337, s.18)
16. (New section) All jurisdiction, powers, duties and responsibilities heretofore vested in the Landscape Architect Examination and Evaluation Committee with respect to the practice of landscape architecture shall be immediately transferred to and vested in the New Jersey State Board of Architects, which board shall hereafter govern the practice of landscape architecture in this State in accordance with all applicable laws.
17. The following sections are repealed:
Section 7 of P.L.1983, c.337 (C.45:3A-4);
Section 8 of P.L.1983, c.337 (C.45:3A-5); and
Section 17 of P.L.1983, c.337 (C.45:3A-14).
18. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill abolishes the Landscape Architect Examination and Evaluation Committee and transfers the powers, duties and responsibilities of the committee to the New Jersey State Board of Architects.
The bill revises the law concerning the regulation of landscape architects to provide for the licensure of landscape architects, as opposed to the current law which provides for the certification of landscape architects. The bill also "grandfathers" existing certified landscape architects so that they may be considered licensed landscape architects upon the effective date of the bill.
The bill also amends the definition of "the practice of landscape architecture" to mean any service in which the principles and methodology of landscape architecture are applied in consultation, evaluation, planning, and design, including the preparation and filing of sketches, drawings, plans and specifications for review and approval by governmental agencies, and responsible administration of contracts to the extent that the dominant purpose of the contractual services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches, or environment for structures or other improvements, the shaping and contouring of land and water forms, natural drainage and determination of related impacts, assessments, and problems of land disturbance including erosion and sedimentation, blight, or other hazards. This practice includes the location and arrangement of those tangible objects and features as are incidental and necessary to the purposes outlined in the law and as may be prescribed by State or local authorities, but does not include the design of structures or facilities ordinarily included in the practice of engineering or architecture and does not include the making of land surveys, or final land plats for official approval or recording or other services as set forth in subsection (e) of section 2 of P.L.1938, c.342 (C.45:8-28).
The bill, however, does not prohibit any person from preparing landscaping plans for sites where government review or approvals are not required or where government review or approvals do not require the signature and seal of a landscape architect.
The bill also increases the required amount of combined education and practical experience for licensure as a landscape architect from at least six years to at least eight years, as provided in N.J.S.A.45:3A-8.
Additionally, the bill increases the minimum continuing education requirements for licensed landscape architects, as provided by N.J.S.A.45:3A-15. As provided in the bill, a licensed landscape architect must participate in at least 24 hours of continuing education classes, rather than the current statutory requirement of at least 20 hours, and provides that a licensed landscape architect must complete these requirements every two years.
Also, the bill increases the membership of the New Jersey State Board of Architects from 11 to 15 by adding two additional licensed landscape architects and two additional licensed architects to the board.
