Legislature(1997 - 1998)

02/11/1998 03:18 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CSSB 110(L&C) am - LICENSING OF LANDSCAPE ARCHITECTS                           
Number 0068                                                                    
CHAIRMAN ROKEBERG stated the committee's first order of business               
was CSSB 110(L&C) am, "An Act relating to licensure of landscape               
architects; relating to exemptions from laws regulating the                    
practice of architecture, engineering, and land surveying; and                 
relating to fees collected by the Board of Registration for                    
Architects, Engineers, and Land Surveyors."  He stated he would                
like the committee to take up the proposed committee substitute,               
and he asked Ms. Shirley Armstrong, committee aide for the House               
Labor and Commerce Standing Committee, to explain the changes since            
the last discussion of CSSB 110(L&C) am based on Dwayne Adams'                 
suggested amendments                                                           
Number 0115                                                                    
SHIRLEY ARMSTRONG, Legislative Assistant to Representative Norman              
Rokeberg, came forward.  She noted she was staff to the House Labor            
and Commerce Standing Committee.  Ms. Armstrong referred to the                
proposed committee substitute, 0-LS0634\Q, Lauterbach, 2/11/98.                
She pointed to added language on page 10, Section 25, line 26,                 
after "crafts" the additional language reads "earthwork, grounds               
keeping, or nursery operations".  Ms. Armstrong said this language             
was recommended by Mr. Adams who has been working on this bill.                
This subsection now reads:  "(2) workers in building trades crafts,            
earthwork, grounds keeping, or nursery operations, and                         
superintendents, supervisors, or inspectors in the performance of              
their customary duties;".                                                      
Number 0211                                                                    
MS. ARMSTRONG indicated the next change was on page 11, line 13, to            
subsection (B) of subsection (6) of Section 25.  After the wording             
"farm or ranch buildings" the language "and their grounds" has been            
added.  The subsection now reads:  "(B) farm or ranch buildings and            
their grounds, unless the public health, safety, or welfare is                 
involved;".  She then referred to page 11, line 17, subsection (C),            
after "not more than two stories high" the language, "and the                  
grounds of the building;", has been added.  The subsection now                 
reads:  "(C) a building that is intended to be used only as a                  
residence by not more than four families and that is not more than             
two stories high and the grounds of the building;".  On line 20,               
"and the grounds of the building has been added to subsection (D)              
after "purpose".  Subsection (D) now reads:  "(D) a garage,                    
workshop, or similar building that contains less than 2,000 square             
feet of floor space to be used for a private noncommercial purpose             
and the grounds of the building;".  On line 26, "or its grounds"               
has been added after "repairs to a building" in subsection (8),                
which now reads:  "(8) a person furnishing drawings,                           
specifications, instruments of service, or other data for                      
alterations or repairs to a building or its grounds that do not                
change or affect the structural system or the safety of the                    
building, or that do not affect the public health, safety or                   
Number 0269                                                                    
MS. ARMSTRONG stated on page 12, subsections (11), (12), and (13)              
were added.  These subsections read:  "(11) a person while involved            
in revegetation, restoration, reclamation, rehabilitation, or                  
erosion control for disturbed land; (12) a person while maintaining            
or directing the placement of plant material; (13) a person                    
designing or preparing plans and specification for the person's own            
use with respect to property owned by the person."  She noted these            
were based on some of the comments received during the February 2,             
1998 House Labor and Commerce Standing Committee meeting.  She                 
stated it was not exactly Mr. Adams' language, but the content was             
pretty much the same.  Ms. Armstrong noted it was easier to add                
subsections (11), (12) and (13), and those were changes that the               
House Labor and Commerce Standing Committee had come up with two               
years ago.                                                                     
Number 0324                                                                    
MS. ARMSTRONG referred next to Section 26, page 12, line 13.  She              
commented she had a discussion with Senator Rick Halford's office              
staff and she was told, "It automatically exempts people who are               
not dealing with public health or safety, and that the board will              
go ahead and - and come up with the exemptions, and then people                
(indisc.) -- anybody who's not in those particular categories will             
be exempt."  However, she stated, "The attorney still says that                
people out there who are doing landscaping may not know what those             
exemptions are, so they're gonna have to still come ... to the                 
board and ask whether or not they're covered."  She commented she              
had decided not to argue with Senator Halford's staff, noting                  
Senator Mackie's office did not have an opinion.  Ms. Armstrong                
said, "He said it does exactly what they intended it to do, you                
know the Senators, exempt 'em.  We've done what we wanted to do by             
exempting ... individuals from being covered and landscapers and               
nurserymen and all that, so, I guess, and Senator Mackie's didn't              
have any opinion, so I just left it alone."                                    
Number 0445                                                                    
MS. ARMSTRONG noted the next change was in Section 28, subsection              
(17), page 12.  She stated Mr. Adams came up with a better                     
definition of the practice of landscape architecture and this was              
his wording verbatim.  She indicated this was the last change to               
CSSB 110(L&C) am contained in the proposed committee substitute.               
     Subsection (17) now reads: "(17) "practice of landscape                   
     architecture" means professional services or creative                     
     work in site investigation, reconnaissance, research,                     
     planning, design, and preparation services related to                     
     drawings and construction documents, observation of                       
     construction, and location, arrangement, and design of                    
     incidental and necessary tangible objects and features                    
     for the purpose of"                                                       
     Subsection (17) previously read: "(17) "practice of                       
     landscape architecture" means consultative,                               
     investigative, reconnaissance, research, planning,                        
     design, and preparation services related to drawings and                  
     construction documents, observation of construction, and                  
     location, arrangement, and design of incidental and                       
     necessary tangible objects and features of the purpose                    
Number 0473                                                                    
CHAIRMAN ROKEBERG asked if the committee had any questions for Ms.             
Armstrong.  He commented he and Representative Sanders had been                
present two years ago when subsections (11), (12) and (13) had                 
originally been drafted.                                                       
Number 0496                                                                    
REPRESENTATIVE JOHN COWDERY made a motion to move Version Q (0-                
LS0634\Q, Lauterbach, 2/11/98), proposed House committee substitute            
for CSSB 110(L&C) am, to the next committee of referral with                   
individual recommendations and the attached fiscal note.                       
Number 0540                                                                    
CHAIRMAN ROKEBERG asked the committee if there were any objections.            
Hearing none, he stated HCS CSSB 110(L&C) was so moved.  He noted              
Representative Brice had been present during the vote.                         

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