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 in conjunction with corresponding to all aspects of the planning, and 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, and the preparation of project master plans. It This profession is the
design discipline specifically oriented to addressing the problems involved in adapting man's 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. It includes contract negotiations, project management, and construction 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) None of the provisions of this This chapter does not prevent employees of those lawfully
practicing as licensed landscape architects from acting under the instruction, control, or supervision of their employers.
(2) None of the provisions of this This chapter does not apply to any business conducted services provided in this state
by any horticulturist, nurseryman nursery operator, or landscape nurseryman nursery operator, plantsman, plant grower, or
gardener, landscape gardener, landscape designer, landscape artist, landscape contractor, or land use planner, OR
LANDSCAPE CONTRACTOR, as these terms are generally used. However, no such person shall A person may not use
the title "landscape architect", "landscape architecture", or any description tending to convey the impression that he the
person is a licensed landscape architect unless he 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) None of the provisions of this This chapter shall does not apply to any person performing any of the services
mentioned in this chapter upon his the person's own property.
(5) None of the provisions of this This chapter shall 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 for hire shall be required
to submit evidence that he the person is qualified to so practice and shall must be registered LICENSED under the
provisions of this chapter."
Section 4. Section 37-66-304, MCA, is amended to read:
"37-66-304. Qualifications not required Examination admission requirements. Each An applicant must be
admitted to the examination without prerequisite qualifications 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 shall 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 his 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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Latest Version of HB 553 (HB0553.02)
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