Substitute Senate Bill No. 923
          Substitute Senate Bill No. 923

              PUBLIC ACT NO. 97-174


AN ACT CONCERNING LANDSCAPE ARCHITECTURE.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  20-367  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    As  used  in  this chapter, AS AMENDED BY THIS
ACT:
    (1)  "Board" means the Connecticut State Board
of  Landscape  Architects  appointed   under   the
provisions of section 20-368;
    (2) "The practice  of  landscape architecture"
means rendering or  offering to render the service
of site planning,  which may involve and encompass
the design or  management of land, the arrangement
of natural and artificial elements, INCLUDING, BUT
NOT LIMITED TO,  GRADING  AND INCIDENTAL DRAINAGE,
SOIL AND EROSION  CONTROL, AND PLANTING PLANS, and
the determination and  consideration  of  inherent
problems  of the  land  relating  to  natural  and
artificial  forces  with   concern   for  resource
conservation   in   accordance    with    accepted
professional standards of  public  health,  safety
and  welfare,  such  service  to  be  rendered  to
clients     by    consultation,     investigation,
reconnaissance, research, planning, specification,
design  or  periodic  observation;  BUT  DOES  NOT
INCLUDE  THE  PHYSICAL   IMPLEMENTATION   OF  SUCH
SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACTUAL
ON-SITE PERFORMANCE OF GRADING, DRAINAGE, SOIL AND
EROSION  CONTROLS  AND   PLANTING   WORK  NORMALLY
PERFORMED  BY BUILDERS,  GENERAL  CONTRACTORS  AND
SUBCONTRACTORS; and
    (3)  "Landscape  architect" means a person who
holds a license to practice landscape architecture
in this state under the authority of this chapter,
AS AMENDED BY THIS ACT.
    Sec.   2.   Section   20-369  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    No  person,  except  as [hereinafter] provided
IN THIS CHAPTER, AS AMENDED  BY  THIS  ACT,  shall
ENGAGE  IN  THE PRACTICE OF LANDSCAPE ARCHITECTURE
IN  THIS  STATE  OR  use  the   title   "landscape
architect"  or  display or use any words, letters,
figures,  title,  signs,  seal,  advertisement  or
other   device   to   indicate  that  such  person
practices  or   offers   to   practice   landscape
architecture IN THIS STATE, unless such person has
first  secured  a  license  as  provided  in  this
chapter, AS AMENDED BY THIS ACT.
    Sec.   3.   Section   20-373  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    After  notice  and  opportunity for hearing as
provided in the regulations [established]  ADOPTED
by  the  Commissioner  of Consumer Protection, the
board may suspend for a definite  period,  not  to
exceed  one year, or may revoke any license or may
officially censure any person holding a license if
it  is shown that the license was obtained through
fraud or misrepresentation; or if  the  holder  of
the  license  has  been found guilty by [said] THE
board or by a court of competent  jurisdiction  of
any  fraud or deceit in his professional practice;
or if the holder of the  license  has  been  found
guilty  by [said] THE board of GROSS NEGLIGENCE OR
gross incompetency; OR IF THE BOARD HAS FOUND THAT
THE  LICENSEE  HAS  VIOLATED ANY PROVISION OF THIS
CHAPTER,  AS  AMENDED  BY   THIS   ACT,   OR   THE
REGULATIONS  ADOPTED  PURSUANT TO THIS CHAPTER, AS
AMENDED BY THIS ACT. The Secretary  of  the  State
shall  be  immediately notified of such suspension
or revocation. Appeals from the decisions  of  the
board  may  be taken as provided in section 4-183,
except such appeals shall be  made  returnable  to
the  judicial  district of Hartford-New Britain at
Hartford*. The board may authorize the  Department
of  Consumer  Protection  to  reissue  any license
which has been revoked,  and  it  may  modify  the
suspension   of   any   license   which  has  been
suspended.
    Sec.   4.   Section   20-374  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a) Every licensed  landscape  architect shall
pay an annual  license  fee  to the department. IF
SUCH FEE OR  ANY FINE REQUIRED BY SECTION 21a-4 IS
NOT PAID BEFORE  DECEMBER THIRTY-FIRST IN THE YEAR
IN WHICH SUCH  FEE  OR FINE BECOMES DUE, THE BOARD
SHALL SUSPEND THE  LANDSCAPE  ARCHITECT'S  LICENSE
FROM AND AFTER  THE EXPIRATION OF THIRTY DAYS FROM
THE DATE OF THE MAILING, BY CERTIFIED MAIL, RETURN
RECEIPT   REQUESTED,  POSTAGE   PREPAID   TO   THE
LANDSCAPE ARCHITECT AT  HIS  OFFICE  ADDRESS AS IT
APPEARS IN THE  RECORDS  OF THE BOARD, OF A NOTICE
OF THE DELINQUENCY  OF  THE  LANDSCAPE  ARCHITECT.
SUCH NOTICE SHALL  STATE THAT, UPON THE EXPIRATION
OF  THE  TIME  ALLOWED  IN  THIS  SUBSECTION,  THE
LICENSE SHALL BE SUSPENDED UNLESS WITHIN SUCH TIME
THE ANNUAL LICENSE  FEE OR ANY SUCH FINE, OR BOTH,
ARE REMITTED. A  holder  of a valid license who is
not  engaging  in   the  active  practice  of  his
profession in this  state  and  does not desire to
register  may  allow   his  license  to  lapse  by
notifying [said] THE board of his intention not to
renew [said] THE license. After a license has been
allowed to lapse  or has been suspended, it may be
reinstated upon payment of a reinstatement fee and
such   proof   of    the   landscape   architect's
qualifications as may  be  required  in  the sound
discretion  of the  board.  The  department  shall
issue  a  receipt   to  each  landscape  architect
promptly upon the  payment of the annual fee for a
license. The amount  of  fees  prescribed  by this
chapter, AS AMENDED  BY THIS ACT, is that fixed by
the following schedule:  (1)  The  application fee
for examination shall  be  a  nonrefundable fee of
forty dollars; (2)  the fee for an initial license
shall be one  hundred  forty  dollars; (3) the fee
for a duplicate license shall be five dollars; (4)
the annual license  fee  shall be the professional
services fee for  class  E,  as defined in section
33-182l; (5) the reinstatement fee for a suspended
license shall be  two hundred dollars; and (6) the
reinstatement fee for  a  lapsed  license shall be
ninety dollars.
    (b)  THE  COMMISSIONER  OF CONSUMER PROTECTION
SHALL  ADOPT  REGULATIONS,  IN   ACCORDANCE   WITH
CHAPTER  54,  THAT  REQUIRE  PERSONS  LICENSED  IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, AS
AMENDED  BY  THIS  ACT,  TO  FULFILL  A CONTINUING
EDUCATION REQUIREMENT. ANY SUCH PERSON APPLYING TO
RENEW  HIS  LICENSE SHALL SUBMIT TO THE BOARD SUCH
PROOF OF COMPLIANCE WITH SUCH CONTINUING EDUCATION
REQUIREMENT AS THE COMMISSIONER MAY REQUIRE.
    Sec.   5.   Section   20-376  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   following  persons  and  activities  are
exempted from the provisions of this chapter,  [.]
AS  AMENDED  BY THIS ACT: Any architect registered
under the  provisions  of  chapter  390;  AND  any
professional    engineer    [or   land   surveyor]
registered  under  chapter  391.  [;   nurserymen,
landscape    nurserymen,    gardeners,   landscape
gardeners, and general or landscape  contractors.]
Nothing  in  this chapter, AS AMENDED BY THIS ACT,
shall prevent  a  vendor  of  goods,  SERVICES  or
materials,    INCLUDING    NURSERYMEN,   LANDSCAPE
NURSERYMEN, GARDENERS,  LANDSCAPE  GARDENERS,  AND
GENERAL  OR  LANDSCAPE CONTRACTORS, from providing
drawings or graphic  diagrams  necessary  for  the
proper  layout  of  his  goods  or materials, [nor
shall anything] OR PREVENT  A  LANDSCAPE  DESIGNER
FROM  ENGAGING IN, FOR A FEE, THE DESIGN OF SPACES
UTILIZING PLANT MATERIALS  AND  INCIDENTAL  PAVING
AND    BUILDING   MATERIALS   OR   ARRANGING   FOR
INSTALLATION OF THE SAME. NOTHING in this chapter,
AS  AMENDED BY THIS ACT, SHALL be construed in any
manner to prohibit any person from  making  plans,
drawings, or specifications for any property owned
by him. Notwithstanding  the  provisions  of  this
section, any person exempted under this section or
any persons engaged in activities  exempted  under
this  section  shall  not use the title "landscape
architect" unless such  persons  comply  with  the
provisions   of  section  20-369,  AS  AMENDED  BY
SECTION 2 OF THIS ACT.

Approved June 24, 1997