WEST virginia legislature

2020 regular session

Introduced

House Bill 4860

By Delegates Howell, C. Martin, Porterfield, Hamrick and Waxman

[Introduced February 11, 2020; Referred to the Committee on Government Organization]

A BILL to amend and reenact §30-13-3, §30-13-4, §30-13-5, and §30-13-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-22-3, §30-22-4, §30-22-5, and §30-22-8 of said code, all relating to discontinuing the West Virginia Board of Landscape Architects and transferring its duties and authority to the Board of Registration for Professional Engineers; renaming the Board of Registration for Professional Engineers as the Board of Registration for Professional Engineers and Landscape Architects and updating references thereto; adding two additional seats on this board to include a landscape architect and a lay member of the public; specifying qualifications for board members; providing for one consolidated special revenue account and terminating the Board of Landscape Architects Fund; transferring the Board of Landscape Architects duties and authority to the Board of Registration for Professional Engineers and Landscape Architects; and clarifying that money received as fines shall be deposited as general revenue for the state.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13. ENGINEERS.

§30-13-3. Definitions.

Unless the context in which used clearly requires a different meaning as used in this article:

(a) “Board” means the West Virginia state board of registration for professional engineers Board of Registration for Professional Engineers and Landscape Architects as provided for in this article.

(b) “Consulting engineer” means a professional engineer whose principal occupation is the independent practice of engineering; whose livelihood is obtained by offering engineering services to the public; who serves clients as an independent fiduciary; who is devoid of public, commercial and product affiliation that might tend to infer a conflict of interest; and who is cognizant of their public and legal responsibilities and is capable of discharging them.

(c) “Engineer” means a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience.

(d) “Engineer intern” means a person who has qualified for, taken and has passed an examination in the fundamental engineering subjects, as provided in this article.

(e) “Practice of engineering” means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems; planning the use of land and water; teaching of advanced engineering subjects, engineering surveys and studies; and the review of construction for the purpose of assuring compliance with drawings and specifications any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects.

Any person who practices any branch of the profession of engineering or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself or herself to be a professional engineer, or by using another title implies that he or she is a professional engineer or that he or she is registered under this article or who holds himself or herself out as able to perform, or who performs any engineering service or work or any other service designated by the practitioner which is recognized as engineering, is considered to practice or offer to practice engineering within the meaning and intent of this article.

(f) “Professional engineer” means a person who has been duly registered or licensed as a professional engineer by the board. The board may designate a professional engineer, on the basis of education, experience and examination, as being licensed in a specific discipline or branch of engineering signifying the area in which the engineer has demonstrated competence.

(g) “Responsible charge” means direct control and personal supervision of engineering work.

(h) “Rules of professional responsibility for professional engineers” means those rules, if any, promulgated by the West Virginia state board of registration for professional engineers as authorized by this article.

§30-13-4. Board of registration for professional engineers and landscape architects; appointment and term.

There is hereby created the board of registration for professional engineers which shall hereafter be referred to as the board On the effective date of the amendments to this article, the board created as the Board of Registration for Professional Engineers shall continue and be known as the Board of Registration for Professional Engineers and Landscape Architects. The board shall be composed of five seven members, five of whom shall be licensed professional engineers appointed by the Governor, by and with the consent of subject to confirmation by the Senate, preferably from a list of names submitted by the West Virginia Society of Professional Engineers, one member shall be a licensed landscape architect appointed by the Governor, subject to confirmation by the Senate, and one member shall be a lay member of the public appointed by the Governor, subject to confirmation by the Senate. The members of the board shall be qualified and shall meet the requirements of section five of this article The Governor shall present each board member with a certificate of appointment. Each board member shall make and file an oath or affirmation with the Secretary of State to faithfully execute the duties of a member of the board. Members of the board shall serve a term of five years. Of the members first appointed, one shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years, one shall serve a term of four years and one shall serve a term of five years Members of the former board whose terms have not expired may continue to fill out their terms on the reformed board, Members are eligible for reappointment but no member may be appointed for more than three full consecutive terms. Each member shall hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified. In the event of a vacancy on the board due to resignation, death or for any cause resulting in an unexpired term and if not filled within three months by the Governor, the board may appoint a member to serve in the vacancy until the Governor makes the appointment. Members of the former board whose terms have not expired shall fill the term on this board which corresponds with the length of the unexpired term of that member.

§30-13-5. Board qualifications.

Each member of the board must shall be a citizen of the United States and a resident of this state. Each professional engineer member shall have been engaged in the lawful practice of engineering as a professional engineer for at least 12 years; shall have been in responsible charge of engineering projects for at least five years; and shall be a registered professional engineer in this state. The landscape architect member, at the time of his or her appointment, shall have held a license in this state for not less than three years.

§30-13-10. Receipt of fees, fund established, disbursements.

There is hereby established within the State Treasury a “Board of Professional Engineers Fund”. The board shall deposit all fees and other moneys received by the board, other than fines assessed by the board, into the fund. The moneys in the fund shall be used for expenses of the board and shall be requisitioned on the signatures of the president and secretary of the board. The secretary of the board shall annually furnish an accounting of all funds received and expended by the board to the Governor and to each house of the Legislature. The board may use the moneys in the fund to employ necessary staff, pay for membership fees to the National Council of Examiners for Engineering and Surveying, and for any other necessary and reasonable expense of the board: Provided, That the board may not issue warrants in excess of moneys in the fund. Any amounts received as fines imposed pursuant to this article or pursuant to §30-22-1 et seq. of this code shall be deposited into the General Revenue Fund of the State Treasury.

ARTICLE 22. LANDSCAPE ARCHITECTS.

§30-22-3. Applicable law.

The practice of landscape architecture and the board of Landscape Architects are subject to the provisions of §30-1-1 et seq. of this code, and the provisions of this article, and any rules promulgated thereunder by the former board or hereafter by the Board of Registration for Professional Engineers and Landscape Architects.

§30-22-4. Definitions.

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

(a) “Accredited” means a school, college or university accredited by the Landscape Architectural Accreditation Board (LAAB) or any other accrediting body recognized by the board.

(b) “Applicant” means a person making application for a license or a permit, or a firm making application for a certificate of authorization, under the provisions of this article.

(c) “Board” means the West Virginia Board of Landscape Architects Board of Registration for Professional Engineers and Landscape Architects.

(d) “Certificate of authorization” means a certificate issued under the provisions of this article to a firm providing landscape architectural services.

(e) “Certificate of authorization holder” means a firm certified under the provisions of this article to provide landscape architectural services.

(f) “Examination” means the examination in landscape architecture required for licensure.

(g) “Firm” means any business entity, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing landscape architectural services.

(h) “Landscape architect” means a person licensed under the provisions of this article to practice landscape architecture.

(i) “Landscape architecture” means the analysis, planning, design, management and stewardship of the natural and built environments.

(j) “License” means a landscape architecture license issued under the provisions of this article.

(k) “Licensee” means a person holding a landscape architecture license issued under the provisions of this article.

(l) “Permittee” means a person holding a temporary permit.

(m) “Practice of landscape architecture” means the performance of professional services, including, but not limited to, analysis, consultations, evaluations, research, planning, design, management or responsible supervision of projects principally directed at the functional, aesthetic use, preservation and stewardship of the land and natural and built environments, including:

(1) Investigation, selection and allocation of land and water resources for appropriate uses;

(2) Formulation of feasibility studies and graphic and written criteria to govern the planning, design and management of land and water resources;

(3) Preparation, review and analysis of those aspects of land use master plans, subdivision plans and preliminary plats as are related to landscape architecture;

(4) Determination of the location and siting of improvements, including buildings and other features, as well as the access and environs for those improvements associated with the practice of landscape architecture;

(5) Design of land forms, soil conservation and erosion control methods, site lighting, water features, irrigation systems, plantings, pedestrian and vehicular circulation systems and related construction details, and natural drainage, surface and ground water drainage systems: Provided, That such systems do not require structural design of system components or a hydraulic analysis of the receiving storm water conveyance system; and

(6) Preparation, filing and administration of plans, drawings, specifications and other related construction documents.

(n) “Temporary permit” means a permit to practice landscape architecture issued by the board for a period of time not to exceed one year.

§30-22-5. Board of Landscape Architects.

(a) The West Virginia Board of Landscape Architects is hereby continued and shall be composed of three members, two of whom must be licensed landscape architects, appointed by the Governor by and with the advice and consent of the Senate, for staggered terms of three years.

(b) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than three years and must have been a resident of this state for a period of not less than one year immediately preceding the appointment.

(c) Each member of the board must be a resident of this state during the appointment term.

(d) No member may serve more than three consecutive full terms and any member having served three consecutive full terms may not be appointed for one year after completion of his or her third full term. A member shall continue to serve until his or her successor has been appointed and qualified. Any member currently serving on the board on the effective date of this article may be reappointed in accordance with the provisions of this section.

(e) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.

(f) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.

(g) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States, or becomes a nonresident of this state.

(h) The board shall designate one of its members as chairperson and one member as secretary-treasurer who shall serve at the will of the board.

(i) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.

(j) A majority of the members of the board shall constitute a quorum.

(k) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of two members, at such time and place as designated in the call or request

The West Virginia Board of Landscape Architects is hereby discontinued and its duties and authority are hereby transferred to the Board of Registration for Professional Engineers and Landscape Architects as established in §30-13-1 et seq. of this code.  All other provisions of this article relating to landscape architects shall remain in effect and be subject to administration and enforcement by the Board of Registration for Professional Engineers and Landscape Architects.

§30-22-8. Fees; special revenue account; administrative fines Dissolution of special revenue account and transfer of money.

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "Board of Landscape Architects Fund," which fund is hereby continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.

(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.

The special revenue account designated the “Board of Landscape Architects Fund” shall be terminated and all money on deposit therein at the time of termination shall be transferred to the “Board of Professional Engineers Fund” established in §30-13-10 of this code.

NOTE: The purpose of this bill is to discontinue the West Virginia Board of Landscape Architects and transfer its duties and authority to the Board of Registration for Professional Engineers.  The bill renames the Board of Registration for Professional Engineers as the Board of Registration for Professional Engineers and Landscape Architects and increases the number of board members by two, one of whom shall be a landscape architect and the other shall be a lay member of the public.

This bill is based on recommendations by the Performance Evaluation and Reference Division (PERD).

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.