American Society of Landscape Architects
Summary of Legislation
April 2008

DGS Updating General Conditions
Design professionals and construction contractors that do work for the Pennsylvania Department of General Services (DGS) should take note that the state agency is rewriting its general conditions for both groups.  The document for design professionals is called the “Agreement for Professional Services and General Conditions to the Agreement for Professional Services”.   The construction contract is referred to as “The Standard Form of Contract and General Conditions of the Construction Contract”. 

DGS’s agreements have never resembled the contract documents most industry professionals are familiar with such as AIA contract documents.  That is not about to change, but the agreements may make some significant improvements.  For example, the design professional’s agreement allows, for the first time, a negotiated fee as opposed to an arbitrary % of the cost of construction.
Likewise, the construction contracts will include references to the “Best Value” selection process, signaling that DGS is about to reinstitute its use for certain construction awards now that the Courts have upheld its legality.

Both documents will be available to view at the Departments web site: www.dgs.state.pa.us.

There will be a public comment period for at least 30 days starting with the posting of the documents (estimated to occur within a few weeks).  The Department’s counsel will also be holding regional public meetings to explain and receive feedback on the new general conditions.  No dates or locations are presently available for those hearings. 

Legislative Activity
HB 816 RE: Uniform Construction Code (UCC) Appeals (by Rep. Scott Boyd, et al)
Amends the PA Construction Code Act further providing for board of appeals. The bill states that a board of appeals can consider an appeal if the Uniform Construction Code (UCC) was incorrectly interpreted by the code administrator, the UCC does not apply, the requirements of the UCC impose an unreasonable burden on the appellant to which a variance will not cause public harm, an equivalent form of construction can be used and the UCC imposes a requirement that violates the basic tenets of a recognized religious sect.
Removed from the table and rereferred to House Appropriations Committee, 3/31/2008

HB 1096 RE: Uniform Construction Code Review Advisory Council (By Rep. Ron Buxton, et al)
Amends the PA Construction Code Act to create the Uniform Construction Code Review Advisory Council. The Council would be charged with gathering information from municipal officers, building code officials, construction code officials, licensed design professionals, builders and property owners concerning issues with the Uniform Construction Code and evaluating this information in order to give recommendations to the Governor, Labor and Industry Committees in the Senate and House, the Secretary of Labor and Industry, President Pro Tempore of the Senate, Speaker of the House and the Code Development Councils of the International Code Council. The Council would also review new and amended provisions issued by the ICC to any of its codes and inform the department of any code provisions that should be excluded from the Uniform Construction Code by May 1 of the year of issuance of the latest triennial code issued by the ICC. The composition of the Council and meeting requirements are further provided for in the legislation.
Reported as amended from Senate Labor and Industry Committee, and read first time, 4/8/2009
Rereferred to Senate Appropriations Committee, 4/9/2008

HB 1589 RE: Capital Budget Project Itemization Act of 2007-2008
Provides for the capital budget for the fiscal year 2007-2008; itemizes public improvement projects, furniture and equipment projects, transportation assistance projects, redevelopment assistance capital projects, flood control projects, Keystone Recreation, Park and Conservation Fund projects, Environmental Stewardship Fund projects, Motor License Fund projects, State forestry bridge projects, Pennsylvania Fish and Boat Commission projects, Manufacturing Fund projects and federally funded projects to be constructed or acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, the Department of Environmental Protection, the Pennsylvania Fish and Boat Commission and the Department of Transportation, together with their estimated financial costs; authorizes the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, the Department of Environmental Protection, the Pennsylvania Fish and Boat Commission or the Department of Transportation; states the estimated useful life of the projects; provides an exemption; provides for limitation on certain capital projects, for special provisions for certain redevelopment assistance capital projects and for preemption of local ordinances for Department of Corrections projects; and makes appropriations.
Passed Senate, 4/2/2008 (47-2)
Received as amended in House and rereferred House Rules Committee, 4/2/2008

HB 2005 RE: Small Group Health Benefit Plans (By Rep. Anthony DeLuca, et al)
Amends the Insurance Company Law adding an article providing for small group health benefits, which would apply to all small group health benefit plans and individual health benefit plans issued, made effective, delivered or renewed in this commonwealth after the effective date. Insurers would be required to establish community rates for plans and file the rates with the department. Risk adjustment factors would be applied consistently with respect to all plans and an insurer may not charge a rate that is more than 33% above or below the community rate, with certain adjustments. The bill provides for additional rate review by the department. A standard plan that meets certain criteria is required and the bill provides for optional additional coverage.
Passed House, 4/1/2008 (131-72)
Received in the Senate and referred to Senate Banking and Insurance Committee, 4/4/2008

HB 2186 RE: School Construction Costs (by Rep. Bev Mackereth, et al)
Amends the Public School Code further providing for approved reimbursable rental for certain leases and approved reimbursable sinking fund charges on indebtedness by adding that for new school buildings or for additions, alterations or improvements, the approved building construction cost would consider the cost of employing a construction manager to oversee construction.
Voted favorably from House Education Committee, 4/9/2008

HB 2380 RE: 2008-09 Budget (by Rep. Dwight Evans, et al)
This is the budget bill providing for expenses of the Executive, Legislative and Judicial Departments, the public debt, for the public schools for the fiscal year July 1, 2008, to June 30, 2009.
Removed from the table, and referred to House Appropriations Committee, 3/31/2008

H Res. 694 RE: Pennsylvania One Call System Month (by Rep. Joe Preston, et al)
A Resolution designating the month of May 2008 as "Pennsylvania One Call System Month."
Introduced as non-controversial resolution, 4/7/2008
Adopted 4/8/2008 (203-0)

SB 9 RE: Proof of Citizenship for Receipt of Public Benefits Act (by Sen. Joe Scarnati, et al)
Requires anyone who is at least 18 years of age and applies for public benefits to provide one of a specified list of identifications and execute an affidavit stating that the person is a U.S. citizen or legal permanent resident or is otherwise lawfully present in the U.S. pursuant to Federal law. The agency receiving this affidavit would have to keep it on file. Agencies that administer public benefits have to verify, through the SAVE program that each applicant who has executed an affidavit is an alien legally present in the U.S. Penalties are further provided for in the bill.
Reported as amended from Senate Appropriations Committee, 3/31/2008
Amended on Senate floor, 4/7/2008
Amended on Senate floor, and read second time, 4/8/2008
Read third time, and Passed Senate, 4/9/2008 (39-10)
Referred to House State Government Committee, 4/15/2008

S Res. 263 RE: Permit Fees Study (by Sen. Mike Waugh, et al)
A Resolution directing the Legislative Budget and Finance Committee to conduct a study relating to the funds collected from the fee from construction or building permits and to report its findings to the General Assembly by June 30, 2008.
Reported as amended from Senate Labor and Industry Committee, 4/8/2008
Amended on Senate Floor, 4/28/2008
Adopted 4/29/2008 (49-0)
Transmitted as directed 4/30/2008

New Bills Introduced
HB 2400 RE: Employee Misclassification Prevention Act (By Rep. Bryan Lentz, et al)
States that services performed by an individual for wages would be deemed to be employment and the individual would be considered an employee of the party that pays the wages. The bill provides for exceptions. An employer or an officer or agent of the employer that fails to properly classify an individual as an employee or fails to pay benefits or other contributions required by law would be subject to penalties, remedies or actions. The bill provides for enforcement and criminal penalties. Any sum collected as a penalty would be applied toward enforcement and administration costs of the Department of Labor and Industry.
Referred to House Labor Relations Committee, 4/3/2008
House Labor Relations Committee Voting Meeting set for 10:00 a.m., Room 60, East Wing, 5/6/2008

HB 2469 RE: One Call System (by Rep. Bud George, et al)
Amends Underground Line Protection Law providing it would be the duty of each facility owner to respond to all notices made through the One Call System to terminate, disable, or otherwise suspend any line or facility and to develop and maintain a protocol for complying with One Call System notices to terminate, disable or otherwise suspend any line or facility. Further provides each owner must compile and submit an annual report to the One Call System's board of directors detailing each owner's protocol for verifying its response to and compliance with all notices made through the System. Also provides this report would be submitted to the Public Utility Commission for all facility owners that fall under the PUC's jurisdiction.
Referred to House Consumer Affairs Committee, 4/15/2008

SB 1304 RE: Highmark Merger (by Sen. Don White, et al)
Amends the Insurance Company Law further providing for effect of act on existing laws and, in insurance holding companies, for definitions, for acquisition of control of or merger with domestic insurer and for acquisitions involving insurers not otherwise covered; providing for committee review; imposing a duty on the Insurance Department; establishing the Insurance Restructuring Restricted Receipt Account; providing for community health reinvestment; imposing duties on the Insurance Department; and establishing a restricted receipts account in the Tobacco Settlement Fund; and making related repeals. The bill extensively provides for mergers and consolidations and provides for legislative review of an application or statement submitted by a hospital plan corporation or professional health services plan corporation seeking the approval of a merger, consolidation or other acquisition of control of a hospital plan corporation or professional health services plan corporation.
Referred to Senate Banking and Insurance Committee, 4/9/2008

Upcoming Meetings of Interest
TUESDAY, 5/13/2008
House Consumer Affairs Committee
9:00 a.m., Room G-50, Irvis Office Building
To consider: HB 1821 RE: New Home Construction Consumer Protection Act (by Rep. Frank Andrews Shimkus)
Provides for the regulation of home construction contracts and for the registration of certain home builders; prohibits certain acts; provides for penalties; establishes the Home Builder Guaranty Fund; and provides for claims against the fund.

WEDNESDAY – 5/14/2008
Legislative Budget & Finance Committee
10 AM Room G-50, Irvis Building
Public meeting to discuss reports pursuant to:
S Res. 41 - Resolution directing the Legislative Budget and Finance Committee to investigate the Department of General Services strategic sourcing initiative for State and local government procurement; to accurately measure actual saving and costs of strategic sourcing; to review alternative plans examined by the department; to examine the department's development and implementation of strategic sourcing, especially with regard to the impact on Pennsylvania small business; and to analyze procurement spending data.

2008 HOUSE SPRING SESSION SCHEDULE
The House has announced the following session days for Spring 2008, subject to change
May 5, 6, 7, 12, 13, and 14
June 2, 3, 4, 9, 10, 11, 16, 17, 18, 23, 24, 25, 26, 27, 28, 29, and 30

2008 SENATE SPRING SESSION SCHEDULE
The Senate has announced the following session days for Spring 2008, subject to change
May 5, 6, 7, 12, 13, 14
June 2, 3, 4, 9, 10, 11, 16, 17, 18, 23, 24, 25, 26, 27, 30

Copies of all bills of interest are available from the ASLA office, or they can be accessed via the Internet at http://www.legis.state.pa.us/WU01/LI/BI/billroom.htm.

American Society of Landscape Architects
Summary of Legislation
November 2007

Legislative Activity
HB 1096 RE: Uniform Construction Code Advisory Council (by Rep. Buxton, et al) Amends the PA Construction Code Act to create the Uniform Construction Code Advisory Council which would be charged with gathering information from municipal officers, building code officials, construction code officials, licensed design professionals, builders and  property owners concerning issues with the Uniform Construction code and evaluating this information in order to give recommendations to the Governor, Labor and Industry Committees in the Senate and House and the Code Development Councils of the International Code council.  The composition of the Council and meeting requirements are further provided for in the legislation.
Passed House, 10/29/2007 (192-0)
Referred to Senate Labor and Industry Committee, 11/13/2007
 
HB 1600 RE: Supplemental Homeowner Property Tax Relief Act (By Rep. David Levdansky, et al)
Establishes the Personal Income Tax Surcharge Fund. The bill would charge a surtax equal to 0.5% imposed on the purchase price of property and services subject to taxation. There would also be a surtax equal to 0.22% imposed on the taxable income of resident and nonresident individuals. The department would calculate the State allocation pursuant to this chapter for each school district and each year, in which a school district receives a local property tax reduction allocation pursuant to this act, the school district would calculate a homestead and farmstead exclusion. This bill may be the vehicle for other tax reform proposals to be voted on the House floor, including another proposal to expand the sales tax to most all items and professional services.  This is expected to happen in December.
Reported as amended from House Finance Committee, read first time, and laid on the table, 11/1/2007

HB 1889 RE: Prototypical School Facility Plan Clearinghouse (by Rep. David Kessler, et al)
Amends the Public School Code establishing a prototypical school facility plan clearinghouse, for use by school entities as a reference guide in the design and construction of new facilities.
Reported as amended from House Finance Committee, read first time, and laid on the table, 11/1/2007

SB 1 RE: Right-to-Know Law (by Sen. Dominic Pileggi, et al)
Amends the Right-to-Know Law to further provide for public records of judicial agencies, legislative agencies and state-related universities. The bill establishes an open records officer in each agency and exceptions officers to hear appeals. The bill also creates the Open Records Clearinghouse in the Department of Community and Economic Development that will provide information relating to the implementation and enforcement of this act, issue advisory opinions to agencies and requesters, and provide annual training courses to Commonwealth agencies and local agencies.
Reported as amended from Senate State Government Committee, and read first time, 10/29/2007
Rereferred to Senate Appropriations Committee, 10/30/2007
Reported as amended from Senate Appropriations Committee 11/14/2007
Amended on Senate floor and read second time, 11/19/07

New Bills Introduced
HB 2016 RE: Municipal Authorities Procurement Code (By Rep. Jennifer Mann, et al)
Amends Title 62 (Procurement) establishing the Municipal Authorities Procurement Code. The bill provides that while an authority may adopt this addition to control procurement it would not apply to the disposal of properties, supplies and materials of authorities. Further provides for the powers and duties of the authority, source selection and contract formation and cancellation of bids. Multi-term contracts are provided for and contracts for supplies, construction or services may be entered into for a period of time deemed to be in the best interests of the authority. Specification for reporting requirements, supply management and legal and contractual remedies are also detailed.
Referred to House Local Government committee, 11/14/2007

SB 1087 RE: Electronic Publication of Legal Advertising (by Sen. Bob Robbins, et al)
Amends Title 45 (Legal Notices) providing for electronic publication of legal advertising by stipulating that a government unit has the authority to electronically publish legal notices in lieu of newspaper advertisements required under Chapter 3 (relating to legal advertising) or any other law. The Center for Local Government Services would create and maintain a list of the names and websites of all government units for which it has received a copy of an enactment to advertise, accessible through the department's website.
Referred to Senate Communications and Technology Committee, 11/1/2007

Upcoming Meetings of Interest
None

2007 Senate Fall Session Schedule
The following are the remaining scheduled session days for the Senate in 2007:
November 27, 28
December 3, 4, 5, 10, 11, 12

2007 House Fall Session Schedule
The following are the remaining scheduled session days for the House in 2007:
December 3, 4, 5(Non-voting), 10, 11, 12

2008 SENATE SPRING SESSION SCHEDULE
The Senate has announced the following session days for Spring 2008, subject to change
January 1, 14, 15, 16, 28, 29, 30
February 4, 5, 6, 11, 12
March 10, 11, 12, 17, 18, 31
April 1, 2, 7, 8, 9, 28, 29, 30
May 5, 6, 7, 12, 13, 14, 19, 20, 21
June 2, 3, 4, 9, 10, 11, 16, 17, 18, 23, 24, 25, 26, 27, 30

The House has not yet announced its Spring session schedule, but likely will follow similar days.

Copies of all bills of interest are available from the ASLA office, or they can be accessed via the Internet at http://www.legis.state.pa.us/WU01/LI/BI/billroom.htm.

Providing for and regulating the licensing of landscape architects; fixing fees; creating the State Board of Landscape Architects; imposing powers and duties on the Department of State, the Commissioner of Professional and Occupational Affairs and the board; and prescribing unlawful acts and penalties.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short Title.--This act shall be known and may be cited as the "Landscape Architects' Registration Law."

Section 2. Definitions.--As used in this act:

(1) "Board" means the State Board of Landscape Architects. ((1) amended Mar. 7, 1984, P.L.129, No.24)

(2) "Department" means the Department of State, acting by and through the Commissioner of Professional and Occupational Affairs.

(3) "Landscape architect" means a person who engages or offers to engage in the practice of landscape architecture in this Commonwealth under the authority of this act. ((3) amended June 17, 1982, P.L.527, No.151)

(4) "Practice of landscape architecture" means the performance of professional services such as consultation, investigation, research, planning, design, preparation of drawings and specifications, or responsible observation of construction in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other circulation improvements, the shaping and contouring of land and water forms, the setting of grades and determining drainage and providing for storm water management and determination of environmental impacts and problems of land including erosion and sedimentation, blight and other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined herein and as may be prescribed by local or Commonwealth authorities but shall not include the design of structures or facilities as are ordinarily included in the practice of engineering or architecture and shall not include the making of land surveys. This provision shall not be construed to prohibit those engaged in nursery occupations or as gardeners or landscape contractors from preparing planting plans and items incidental thereto. ((4) amended June 17, 1982, P.L.527, No.151)

(5) "Responsible charge" means such degree of competence and accountability gained by technical education or experience of a grade and character as is sufficient to qualify a person to personally and independently engage in and be entrusted with the work involved in the practice of landscape architecture.

(6) "C.L.A.R.B." means the Council of Landscape Architectural Registration Boards, a national coordinating body serving to promote high standards of landscape architectural practice, foster the enactment of uniform laws; equalize and improve the standards for examination, compile, maintain, and transmit professional records to member boards and recommend registration for landscape architects meeting its standards for interstate and foreign registration. ((6) added June 17, 1982, P.L.527, No.151)

(7) "Planting design" means the design, planning, location and arrangements of plantings or other ornamental features. ((7) added June 17, 1982, P.L.527, No.151)

Section 2.1. Board Established; Terms of Office; Qualifications of Members; Compensation; Attendance.--The State Board of Landscape Architects is hereby established and shall consist of the Commissioner of Professional and Occupational Affairs, the Director of the Bureau of Consumer Protection in the Office of Attorney General, or his designee, and seven persons appointed by the Governor with the advice and consent of the Senate. Two of the members of the board appointed by the Governor with the advice and consent of the Senate shall represent the public at large and shall be appointed for terms of three years. The remaining members of the board appointed by the Governor, not less than four of whom shall be landscape architects and not less than one of whom shall be a landscape nurseryman, shall be appointed for terms of three years. One member shall be elected chairman and one shall be elected secretary. The members of the board shall hold office until their successors are appointed and qualified but not longer than six months beyond the three-year period. In the event that any of said members shall die or resign during his term of office, his successor shall be appointed in the same way and with the same qualifications as set forth in this section and shall hold office for the unexpired term. The professional and public members shall receive sixty dollars ($60) for each day they attend meetings of the board. Members shall receive, in addition, the amount of reasonable travel, hotel and other necessary expenses incurred in performing their duties to the board. A member who fails to attend three consecutive meetings shall forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of an immediate family member. Five members of the board shall constitute a quorum.

(2.1 added Mar. 7, 1984, P.L.129, No.24)

Compiler's Note: The State Board of Landscape Architects is subject to periodic review under the act of Dec. 22, 1981, P.L.508, No.142, known as the Sunset Act, and will terminate on the date specified in that act unless reestablished or continued by the General Assembly. For the current status of the board, see the appendix to this act.

Section 3. Registration License Required to Practice Landscape Architecture.--In order to safeguard life, health or property and to promote the general welfare, a person practicing or offering to practice landscape architecture, privately or in public service, shall be required to submit evidence that he is qualified to practice and shall become registered as hereinafter provided. It shall be unlawful for a person to practice landscape architecture or to use the term or title "landscape architect" unless duly licensed under the provisions of this act.

(3 amended June 17, 1982, P.L.527, No.151)

Section 4. Powers and Duties of the State Board of Landscape Architects.--The board shall have power and its duty shall be:

(1) To provide for and regulate the licensing of qualified landscape architects and to issue, upon passing the examination required by the board, except as otherwise provided herein, a license to practice landscape architecture to any applicant who meets the requirements of this act.

(2) Cause to be administered, the C.L.A.R.B. Uniform National Examination, or such other examination, as may be approved by the board at least once each year; to provide the subjects, character, manner, time and place of examinations for licenses to practice landscape architecture and the filing of applications for the examinations; to make written reports of the examination, which reports shall be preserved in the department for a period of not less than three years; and to issue licenses and certificates to such persons as successfully pass the examinations, and to collect appropriate fees for such examinations.

(3) To permit, subject to the provisions of this section and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a landscape architect license, the practice of landscape architecture in the Commonwealth under a landscape architect license issued under the laws of any other state which maintains a system and standards of qualifications at least equal to those required in Pennsylvania, upon payment of the current fee established by the board and upon submission of evidence satisfactory to the board.

(3.1) To exempt from examination an applicant who holds a license or certificate to practice landscape architecture issued to him by another state which maintains a system and standards of qualifications and administers the C.L.A.R.B. Uniform Examination.

(4) To suspend or revoke the license and registration of any registered landscape architect who is found guilty by the board of gross negligence, incompetence or misconduct in the practice of landscape architecture, and to reinstate suspended licenses, registrations and certificates in any cases where the department shall determine the same to be just and proper.

Before any formal action is taken by the board, the applicant or licensee shall be provided with an opportunity for a hearing. All hearings held before the board shall be held in accordance with the general laws and regulations applicable to administrative hearings.

(4.1) Unless ordered to do so by a court, the board shall not reinstate the license, registration or certificate of a person to practice as a registered landscape architect which has been revoked and such person shall be required to apply for a license, registration or certificate in accordance with section 6, if he desires to practice at any time after such revocation.

(5) To provide for, regulate and require all persons licensed and registered in accordance with the provisions of this act to register biennially with the board; to prescribe the form of such registration; to require as a condition precedent to such biennial registration the payment of biennial registration fees as shall be fixed by this act, and to issue biennial registration to such persons, and suspend or revoke the license or registration of such persons who fail, refuse or neglect to register within such time as the board shall prescribe by its rules and regulations.

(6.1) To submit annually, to the Professional Licensure Committee of the House and the Consumer Protection and Professional Licensure Committee of the Senate, a description of the types of complaints received, status reports of the cases, board action which has been taken and length of time from the initial complaint to final board resolution.

(7) To administer and enforce the laws of the Commonwealth relating to the practice of landscape architecture and instruct and require its agents to bring prosecutions for unauthorized and unlawful practices.

(8) To keep minutes and records for all its transactions and proceedings. Copies thereof duly certified shall be received in evidence in all courts and elsewhere.

(9) To adopt, promulgate and enforce such administrative rules and regulations not inconsistent with this act as are deemed necessary and proper by the board to carry into effect the powers conferred by this act. Only in the absence of disapproval shall the board proceed with the adoption of the rule, regulation or amendment in accordance with section 202 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(10) To submit annually to the department, an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.

(11) To submit annually to the House and Senate Appropriations Committees, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department.

(4 amended Mar. 7, 1984, P.L.129, No.24)

Section 5. Fees.--(a) All fees required under the provisions of this act shall be fixed by the board by regulation and shall be subject to review in accordance with the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act." If the revenues generated by fees, fines and civil penalties imposed in accordance with the provisions of this act are not sufficient to match expenditures over a two-year period, the board shall increase those fees by regulation, subject to review in accordance with the "Regulatory Review Act," such that the projected revenues will meet or exceed projected expenditures.

(b) If the Bureau of Professional and Occupational Affairs determines that the fees established by the board are inadequate to meet the minimum enforcement efforts required, then the bureau, after consultation with the board, shall increase the fees by regulation, subject to review in accordance with the "Regulatory Review Act," such that adequate revenues are raised to meet the required enforcement effort.

(5 amended Mar. 7, 1984, P.L.129, No.24)

Section 6. Application for License; Qualifications and Experience Requirements of Applicants.--(a) A person desiring to be registered and licensed to practice landscape architecture and to use the title "landscape architect" in this Commonwealth shall, except as herein provided in this act, make written application for examination to the board, together with such evidence of qualifications as may be prescribed by the rules and regulations of the board.

(b) Each applicant shall be of good moral character and shall not have had an application, license or certificate to engage in the practice of landscape architecture refused, suspended or revoked by a state of the United States; and (i) has, before admission to the examination, completed the course of study in, and has been graduated with a degree, from a college or school of landscape architecture approved by the board; (ii) shall submit, before admission to the examination, evidence of at least two years practical experience in landscape architectural work of a grade and character satisfactory to the board as determined by a notarized application questionnaire. An approved year of study in the approved college or school of landscape architecture may be accepted in lieu of one year of experience and the applicant shall submit evidence of sufficient additional acceptable experience of at least six years of combined education and experience; or (iii) in lieu of graduation from an approved college or school of landscape architecture and the practical experience in addition thereto, an applicant may be admitted to the examination upon presenting evidence of at least eight years of actual, practical experience in landscape architectural work of a grade and character satisfactory to the board.

(c) The board may register and license without written examination (i) a person who holds an unexpired license or certification of registration issued by proper authority of another state or foreign country in which the requirements and qualifications to engage in the practice of landscape architecture were at the time of initial issuance of a license or certificate of registration at least equal to the standards of this Commonwealth existing at that time; or (ii) an applicant who has ten years of active experience as a landscape architect and is a graduate of an approved institution, or who has fifteen years of active experience even though not a graduate of an approved institution, if in the opinion of the board the experience is of such grade and character as to fit the person to assume responsible charge of work involved in the practice of landscape architecture.

(6 amended Mar. 7, 1984, P.L.129, No.24)

Section 7. Investigation of Applications; Determination of Competency of Applicants.--The board shall investigate the allegations contained in any application for licensure under this act in order to determine the truth of the allegations and to determine the competency of any person applying for licensure to assume responsible charge of the work involved in the practice of landscape architecture, such competency to be determined by the grade and character of the landscape architecture work actually performed. Landscape architecture work performed under the supervision of a registered landscape architect shall be given full credit. Whenever the board determines otherwise than by examination that an applicant has not produced sufficient evidence to show that he is competent to be placed in responsible charge and shall refuse to examine or to license such applicant, it shall set forth in writing its findings and the reasons for its conclusions and furnish a copy thereof to the applicant.

Section 8. Exemption from Licensure and Registration.--This act shall not be construed to require licensure and registration in the following cases:

(1) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employe of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision;

(2) The practice of landscape architecture not exceeding thirty days in the aggregate in one calendar year by a nonresident not having a place of business in this Commonwealth if the person is legally qualified to engage in the practice of landscape architecture in the state or territory of his residence if the standards of the state or territory are at least equal to the standards of this Commonwealth;

(3) The practice of architecture by a duly registered architect and the doing of landscape architectural service as is incidental to his architectural services; ((3) amended June 17, 1982, P.L.527, No.151)

(4) The practice of engineering or land surveying by a duly registered professional engineer or land surveyor and the doing of such landscape architectural service as is incidental to his engineering or land surveying services; ((4) amended June 17, 1982, P.L.527, No.151)

(5) The practice of landscape architecture by officers and employes of the United States Government, so long as the services are rendered within the scope of government employment; ((5) amended Mar. 7, 1984, P.L.129, No.24)

(6) The practice of planning as customarily done by community and regional planners;

(7) The practice of any agriculturists, horticulturists, foresters, garden or land caretakers, home builders and graders, or cultivators of land;

(8) The practice of any nurseryman, landscape nurseryman, gardener or landscape gardener, general or landscape contractor as that practice pertains to planting design and its incidental items. ((8) amended June 17, 1982, P.L.527, No.151)

Section 9. Seal of Registrants.--(a) Each person registered under this act shall obtain a seal of a design authorized by the board, which shall bear the registrant's name and number and the legend "Registered Landscape Architect." The seal or a facsimile imprint of same shall be stamped on all plans, specifications, plates and reports issued by a landscape architect.

(b) It shall be unlawful for any person to use the seal during the period the license or registration of the holder thereof has been suspended or revoked or to use a seal of any design not approved by the board.

Section 9.1. Continuing Education Required.--(a) The board shall adopt, promulgate and enforce regulations consistent with the provisions of this act establishing requirements of continuing education to be met by individuals licensed as landscape architects under this act as a condition for renewal of their licenses. The board may waive all or part of the continuing education requirement for a landscape architect who shows evidence, to the board's satisfaction, that he was unable to complete the requirements due to illness, emergency or hardship. These regulations shall include any fees necessary for the board to carry out its responsibilities under this section.

(b) Beginning with the license period designated by regulation, each person licensed under this act shall be required to obtain ten hours of mandatory continuing education during each two-year license period. A licensed landscape architect who wishes to activate a license which has been placed on inactive status shall be required to document ten hours of continuing education.

(c) All courses, materials, locations and instructors shall be approved by the board. No credit shall be given for any course in office management.

(d) The board shall initiate the promulgation of regulations to carry out the provisions of this section within six months of the effective date of this section.

(e) The board shall inform licensees of the continuing education requirement prior to the renewal period when continuing education is required.

(9.1 added Dec. 7, 1994, P.L.774, No.107)

Section 10. Actions of the Board.--All actions of the Board pursuant to this act which result in a refusal to issue a license for reasons other than failure to pass a written examination required by this act or action which suspends or revokes a license shall be subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with the act of June 4, 1945 (P.L.1388), known as the "Administrative Agency Law."

Section 11. Penalties.--(a) Whoever practices landscape architecture or holds himself out to be a landscape architect without being licensed and registered as required by this act, or shall present or attempt to use as his own the license or certificate of registration of another, or shall give any false or forged evidence of any kind to the board or to any member thereof in order to obtain a license or registration as a landscape architect, or shall use any expired, suspended or revoked certificate of registration, or shall use the term "architect" instead of the term "landscape architect" or shall otherwise violate the provisions of this act, shall be guilty of a summary offense and upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred dollars ($300) or undergo imprisonment not exceeding ninety days, or both.

(b) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000) on any current licensee who violates any provision of this act or on any person who practices landscape architecture without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(c) All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.

(11 amended Mar. 7, 1984, P.L.129, No.24)

Section 12. Construction of Act.--This act shall not be construed to limit the power and duty of the Department of Public Instruction to determine, value, standardize and regulate the preliminary education, both secondary and collegiate, of those to be hereafter licensed or registered to practice as landscape architects in this Commonwealth to the same extent as such department exercises such powers and duties with respect to other professions.

Section 13. Appropriations.--All fees collected under the provisions of this act during the fiscal year beginning July 1, 1965, are hereby specifically appropriated to the Department of State for the use of the board in carrying out the provisions of this act.

Section 14. This act shall take effect immediately.

Supplementary Provisions of Amendatory Statutes

1984, MARCH 7, P.L.129, NO.24

Section 6. This act, with respect to the State Board of Landscape Architects, shall constitute the legislation required to reestablish an agency under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.

Compiler's Note: Act 24 added or amended sections 2, 2.1, 4, 5, 6, 8 and 11 of Act 535.

Section 8. The presently confirmed members of the existing State Board of Landscape Architects, as of March 31, 1984, shall continue to serve as board members until their present terms of office expire.

Section 9. Each rule and regulation of the board in effect on March 31, 1984, shall remain in effect after such date until repealed or amended by the board.