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Licensure Oregon: The Oregon Chapter is moving ahead with upgrading their current title act to a practice act. The draft has received support from the Association of Northwest Landscape Designers and the Oregon Landscape Contractors Board. The proposed draft is currently being reviewed by the Department of Administrative Services and the Governor's legal counsel for conformance. The proposed statutory changes will not be voted on until the 2001 legislative session for Oregon. Missouri: A practice act is on the horizon for Landscape Architects in Missouri who have been practicing under a title act for the past 11 years. The process has lasted over four years, but Richard Yates, ASLA, president of the Missouri Association of Landscape Architects, believes this is the year when the bill will be signed into law. Mr. Yates and Robert Schotts, RLA, recently met with Matt Kauffman of AIA Missouri, and John Sonderman, P.E. and Brad Parrish, P.E. of the Civil Engineering Council to discuss and modify the language in the proposed practice act. The bill will be pre-filed in December in the House so it will be ready to go when the General Assembly reconvenes in January. Pennsylvania: Licensure in the state of Pennsylvania is being severely undermined because the LARE test cannot be administered in that state due to a contract dispute between CLARB and the Pennsylvania Department of State. Students must travel out of state to New Jersey, West Virginia or Ohio in order to sit for the exam. The State hired LGR, a third party testing company, who failed to pay CLARB for tests that were administered in June 1999. According to Clarence Chaffee, Executive Director of CLARB, it states in the organization's by-laws that tests will not be sold to any state that owes money. Currently the Pennsylvania Department of State is exploring the possibility of pursuing litigation against LGR. Chaffee said that there is a possibility that CLARB can work together with the State Department to file litigation. ASLA Chapter President, Carl Keleman, has offered to help mediate discussions between CLARB and the Department of State in order to reach a resolution. Texas: During the past two legislative sessions, Landscape Architects in Texas have enjoyed a number of successes. In 1999 they were added to the state's Professional Services Procurement Act, Texas' equivalent of the Brooks Act, which allows Landscape Architects to be selected for state contracts on the basis of qualifications and not by bid. They have also worked to maintain their exemption from the engineers' rules; protected the rights of the board to fine non-registrants for violation of their statute; have gained a 10 year statute of limitation for project liability; and they also have the ability to file liens against certain project types for non-payment of fees. With Sunset Review scheduled for 2003, the Texas Association of Landscape Architects (TALA) was formed earlier this year to represent the interests of Landscape Architects in the state. TALA was formed to accomplish three specific functions. First, TALA will provide representation for Landscape Architects to support legislative activities. Secondly, TALA is in place to respond to proposed legislation. In addition, TALA may propose legislation in the upcoming 2001 session to strengthen and/or upgrade their current title act. Anyone interested in finding out more about TALA or in becoming an active participant for Texas landscape architects may call Pete Hinton at 210-828-1155 or Diane Steinbrueck at 512-442-0100. Colorado: After failed efforts in the 1980's and 1990's, Colorado is readying itself for another attempt at licensure. According to Dean Pearson, past president of the Colorado Chapter of ASLA, licensure in Colorado is just a matter of time. "It will be an uphill battle in our state, but eventually it will happen," said Pearson. Last year, a telephone survey was conducted on all members in the state. "The main focus of the survey was to find out if there was support at a grass roots level for licensure," explained Pearson, adding, "and we found out that there is definitely support." Hoping to learn from the previous failed attempts, the team will sit down with a political strategist to develop a schedule and plan of action. In order to be successful, the effort will require a strong commitment from members on a statewide level. "The overall sentiment of our members is that we want to be licensed, mainly to gain professional respect," said Pearson. "Licensure in Colorado is long overdo." California: Senate Bill 1863 will change the misdemeanor penalties for unlicensed activity in California to a minimum fine of $1,000 and a maximum fine of $5,000. In addition, the bill eliminates the ability of out-of-state Landscape Architects to practice in the state with a temporary license. This new legislation is only one of several important activities that took place last year in California. According to Gretchen Kjose of The Landscape Architects Technical Committee, other significant changes included the board's adoption of a new take-home exam format for the California Supplemental Examination. This take-home exam is given to Landscape Architects after they've passed the LARE exam, and is also available to reciprocity candidates. The CSE covers issues which are unique to the practice of landscape architecture in California, and streamlines the reciprocity aspect of California licensure. "The most critical thing about that exam is that it makes reciprocity licensure almost immediately available once somebody has established that they have been licensed in another state," said Kjose. "The exam tests for knowledge, skills, and abilities that are unique to California and to the practice of Landscape Architecture in California. In addition, the exam is also less costly to administer," she added. Kjose reports that LATC's main goals for the upcoming year include a strong outreach program to students regarding the importance of licensure, along with "finding innovative ways to keep our licensees aware of public protection and California practice issues." North Carolina: The state has just gone through their license renewal period and has reported an increase in the number of licensed Landscape Architects. There are now 543 licensed Landscape Architects in the state. "We have been slightly under 500 the past few renewal periods," said Robert Upton with the North Carolina Board of Landscape Architects. Washington: The Department of Licensing will be adding a new component to the Landscape Architect's exam. According to Margaret Epting, an Administrator with the Department, candidates will be tested on environmental laws that are unique to the state of Washington. It will be an open book test after candidates have passed the CLARB exam, "just to make sure they are familiar with these laws," Epting said. This will take effect next year. Epting also said that the state is trying to establish a Landscape Architect in Training program. She said that establishing this program will require a change in the law. This could possibly take effect in a year. CLARB has informed the Department that they will raise their fees every year. An initiative called I-695 was ruled unconstitutional by the Supreme Court which would have raised fees. Initiative 722 overruled that decision and it orders that fee increases since July 1999 be repaid. Epting said that the Attorney General for Washington has not analyzed this yet. All of this leaves the Department's hands tied. "We can't subsidize exam candidates," Epting said. "But, we can get by for a year or so." Wyoming: According to Veronica Skorawski at the Wyoming State Board of Architects and Landscape Architects, the Board will be initiating continued education in January 2001 as a requirement for renewal on Dec. 31, 2002. Sixteen professional development units in public health, safety and welfare will be required for renewal every two years. Maryland: The Sunset Review of Maryland's practice law is currently underway. The proposed license revisions submitted by the Maryland Department of Labor Licensing & Regulation will be submitted to the House of Delegates in the General Assembly in January of 2001. In addition, revisions to last year's license law (HB-115) are going forward in another legislative bill under the DLLR. However, one of the immediate challenges to Landscape Architecture in the state are new regulations from the Maryland Department of the Environment that could affect the ability of Landscape Architects to design storm water structures. Good Luck Maryland! New Jersey: The New Jersey Chapter of ASLA held a pre-proposal hearing for its intended practice act this past year. Despite letters from some of ASLA's most important luminaries including John O. Simonds, Jot Carpenter, and the testimony of CLARB, the process has stalled in committee. The ASLA is meeting this month to decide how it can get the process moving again. Ohio: Ohio's practice act (SB 156) is up for consideration again this year. After a narrow defeat at the end of last year's legislative session, the ASLA is attempting to generate support for the bill among Ohio's engineering community. The ASLA is hopeful that they will be able to satisfy the concerns of the OSPE. James G. Verdone, of the Jackson, Wyoming firm VLA, Inc., was recently elected President of the Council of Landscape Architectural Registration Boards (CLARB) at the organization's Annual Meeting held this September in Richmond, Virginia. Verdone succeeds Lucille C. "LuGay" Lanier, Principal of the Richmond, Virginia firm Lanier/Azzarone, who will assume the office of Past President. John L. Carman, President of the Lexington, Kentucky firm of John L. Carman & Associates, Inc. was elected First-Vice President/President-elect. Other officers elected were William P. "Chip" Winslow, III, Manhattan, Kansas, as Second Vice President and Walter H. Roch von Rochsburg, Columbus, Ohio, as Secretary. Gerry Eckford, Vancouver, British Columbia, continues his two-year term as Secretary. CLARB's five Regional Directors for the coming year are Dickson F. Demarche, Bethel Connecticut, Northeastern Region; Margaret Storrow, Indianapolis, Indiana, Mid-Western Region; Cleveland Turner, III, Amarillo, Texas, Southern Region; John F. Mahoney, Cheyenne, Wyoming, Central Region; and Gregg K. Sturtevant, Ketchum, Idaho, Western Region. LASN

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June 17, 2019, 8:30 am PDT

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