HOUSE BILL NO. 553

INTRODUCED BY B. THOMAS

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE STATUTES PERTAINING TO THE PROFESSION OF LANDSCAPE ARCHITECTURE; ALLOWING THE BOARD TO ESTABLISH BY RULE CERTAIN QUALIFICATIONS FOR LICENSURE; AND AMENDING SECTIONS 37-66-103, 37-66-105, 37-66-301, 37-66-304, AND 37-66-305, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 37-66-103, MCA, is amended to read:

"37-66-103. Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the board of landscape architects provided for in 2-15-1872.

(2) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.

(3) "Landscape architect" means a person who holds a certificate to practice landscape architecture in the state of Montana under the provisions of this chapter.

(4) "Landscape architecture" means:

(a) the practice of performing services corresponding to all aspects of planning, design, management, preservation, and rehabilitation of the exterior environment for human use and environmental protection. It includes but is not limited to regional planning of natural resources, urban and rural planning and design, institutional design, and park and recreation planning and design . This profession is the design discipline specifically oriented to addressing the problems involved in adapting humanity's uses of land to the characteristics of the exterior environment both functionally and aesthetically. It includes the negotiation and preparation of contract documents, construction specifications that involve among other considerations the selection of construction and plant materials and infrastructure such as irrigation, and construction cost estimates and includes project contracts management.

(b) The term does not include the design of structures or facilities with separate and self-contained purposes that are 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."

Section 2. Section 37-66-105, MCA, is amended to read:

"37-66-105. Exemptions. (1) This chapter does not prevent employees of licensed landscape architects from acting under the instruction, control, or supervision of their employers.

(2) This chapter does not apply to services provided in this state by any horticulturist, nursery operator, landscape nursery operator, plant grower, or gardener, as these terms are generally used. A person may not use the title "landscape architect", "landscape architecture", or any description tending to convey the impression that the person is a licensed landscape architect unless the person is licensed as provided in this chapter.

(3) This chapter does not apply to architects, professional engineers, and professional land surveyors licensed to practice their respective professions.

(4) This chapter does not apply to any person performing any of the services mentioned in this chapter upon the person's own property.

(5) This chapter does not require the hiring of a landscape architect."

Section 3. Section 37-66-301, MCA, is amended to read:

"37-66-301. License required. In order to safeguard human health and property and to promote the public welfare, any person in either public or private capacity practicing or offering to practice landscape architecture shall submit evidence that the person is qualified to practice and must be registered under the provisions of this chapter."

Section 4. Section 37-66-304, MCA, is amended to read:

"37-66-304. Examination admission requirements. An applicant shall submit a complete license application at the time of being admitted to the examination."

Section 5. Section 37-66-305, MCA, is amended to read:

"37-66-305. Examinations -- other educational requirements. (1) Examinations for licensure must be given by the board at least once each year.

(2) Each applicant for licensure as a landscape architect is required to establish by examination the applicant's competency to practice the profession of landscape architecture.

(3) The examination given must be the uniform national examination prescribed by the council of landscape architectural boards.

(4) In addition to the examination described in this section, at the board's discretion, an applicant may be required to demonstrate knowledge of certain statutes and administrative rules that govern the practice of landscape architecture in Montana by taking an examination developed by the board or by the council of landscape architectural boards.

(5) The board may by rule define the educational and experience requirements as well as other qualifications for licensure. In developing and adopting these qualifications, the board may use standards established by the council of landscape architectural boards."

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