H-1995              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 850

                        _______________________________________________

                                                                            C 018 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Cole, Appelwick, G. Nelson, Wang, Tilly, Ebersole, O'Brien, Taylor, Betrozoff, D. Nelson and Jacobsen)

Read first time 2/22/85 and passed to Committee on Rules.

AN ACT Relating to landscape architects; amending RCW 18.96.040, 18.96.090, 18.96.110, and 18.96.130; repealing RCW 43.131.265 and 43.131.266; providing penalties; providing an effective date; and declaring an emergency.

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

        Sec. 1.  Section 4, chapter 158, Laws of 1969 ex. sess. and RCW 18.96.040 are each amended to read as follows:

          There is created a state board of registration for landscape architects.  The board shall consist of three landscape architects and two members ((from closely related professions and/or trades)) of the general public.  Members of the board shall be appointed by the governor and must be residents of this state having the qualifications required by this chapter.

No public member of the board may be a past or present member of any other licensing board under this title.  No public member may make his or her own livelihood from, nor have a parent, spouse, or child make their respective livelihood from providing landscape architect services, or from enterprises dealing in landscape architecture.

The landscape architect members of the board must, while serving on the board, be actively engaged in their profession or trade and, immediately preceding appointment, have had at least five years experience in responsible charge of work or teaching within their profession or trade.

        Sec. 2.  Section 9, chapter 158, Laws of 1969 ex. sess. and RCW 18.96.090 are each amended to read as follows:

          Examinations of applicants for certificates of registration shall be held at least annually or at such times and places as the board may determine.  The board shall determine from the examination and the material submitted with the applications whether or not the applicants possess sufficient knowledge, ability and moral fitness to safely and properly practice landscape architecture and to hold themselves out to the public as persons qualified for that practice.

          The scope of the examination and methods of procedure shall be prescribed by the board with special reference to landscape construction materials and methods, grading and drainage, plant materials suited for use in the northwest, specifications and supervisory practice, history and theory of landscape architecture relative to landscape architectural design, site planning and land design, subdivision, urban design, and a practical knowledge of botany, horticulture and similar subjects related to the practice of landscape architecture.

          Applicants who fail to pass any subjects shall be permitted to retake the examination in the subjects failed((, a minimum passing grade in each subject shall be seventy percent with an average in all subjects of seventy-five percent)).  A passing grade in any subject area shall exempt the applicant from examination in that subject for five years:  PROVIDED, That failure to complete successfully the entire examination within five years will result in requiring a retake of the entire examination.  The board may determine the standard for passing grades computed on a scale of one hundred percent.  A certificate of registration shall be granted by the director to all qualified applicants who shall be certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

        Sec. 3.  Section 11, chapter 158, Laws of 1969 ex. sess. as amended by section 87, chapter 30, Laws of 1975 1st ex. sess. and RCW 18.96.110 are each amended to read as follows:

          Certificates of registration shall expire on the last day of June three years following their issuance or renewal.  The  director shall set the ((yearly)) fee for renewal which shall  be  determined as provided in RCW ((43.24.085 as now or hereafter amended)) 43.24.086.  Renewal may be effected during the month of June by payment to the director of the required fee.

          In case any registrant fails to pay the renewal fee before thirty days after the due date, the renewal fee shall be the current fee plus an amount equal to one year's fee at the discretion of the board:  PROVIDED, That any registrant in good standing, upon fully retiring from landscape architectural practice, may withdraw from practice by giving written notice to the director, and may thereafter resume practice at any time upon payment of the then current annual renewal fee.  Any registrant, other than a properly withdrawn licensee, who fails to renew his registration for a period of one year may reinstate only on reexamination as is required for new registrants.

        Sec. 4.  Section 13, chapter 158, Laws of 1969 ex. sess. and RCW 18.96.130 are each amended to read as follows:

          Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant.  Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the director.

          All charges unless dismissed by the director as unfounded or trivial, shall be heard by the board within three months after the date on which they have been preferred.

An action of suspension, revocation, ((or)) refusal to renew, or a fine not exceeding one thousand dollars per violation by the director, shall be based upon the findings of the board after charges and evidence in support thereof have been heard and determined.

NEW SECTION. Sec. 5.  The following acts or parts of acts are each repealed:

                   (1) Section 6, chapter 197, Laws of 1983 and RCW 43.131.265; and

          (2) Section 32, chapter 197, Laws of 1983 and RCW 43.131.266.

NEW SECTION. Sec. 6.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on June 30, 1985.

                                                                                                                          Passed the House March 12, 1985.

                                                                                                                                         Speaker of the House.

                                                                                                                          Passed the Senate March 27, 1985.

                                                                                                                                       President of the Senate.