WEST virginia legislature
2016 regular session
Committee Substitute
for
House Bill 4311
By DELEGATES HOWELL, ARVON, BLAIR, R. PHILLIPS, HARTMAN, IHLE, CADLE, MCGEEHAN, MOFFATT, ATKINSON AND MORGAN
[Originating in the Committee on Government Organization, January 29, 2016]
A BILL to amend and reenact §30-22-5 of the Code of West Virginia, 1931, as amended, relating to the Board of Landscape Architects; changing the qualifications for membership on the board; providing for continued service of qualifying board members; and providing for the disqualification of certain members who become licensees.
Be it enacted by the Legislature of West Virginia:
That §30-22-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22. LANDSCAPE ARCHITECTS.
§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 one of whom must be a licensed landscape architects
architect; one of whom must be a retired, inactive, or emeritus member under
the provisions of this article, and may not be licensed to practice under the
provisions of this article; and one board member must be a citizen member who
is not licensed under the provisions of this article, appointed by the
Governor by and with the advice and consent of the Senate, for staggered terms
of three years: Provided, That members of the board as of the
effective date of this section shall continue to serve their term without
regard to the status of their license until a successor is appointed by the
Governor.
(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) Any member who is unlicensed or who holds a retired, inactive, or emeritus license immediately and automatically forfeits his or her membership on the board if he or she obtains an active license that would permit him or her to practice under the provisions of this article, or obtains a similar license from another jurisdiction.
(d) (e) 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) (f) 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) (g) The Governor may remove any member from the board
for neglect of duty, incompetency or official misconduct.
(g) (h) 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) (i) 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) (j) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article one of this chapter.
(j) (k) A majority of the members of the board shall
constitute a quorum.
(k) (l) 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.
NOTE: The purpose of this bill is to add citizen and non-practicing members to the board and to provide for their removal upon obtaining an active license.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.