Bill 4675

                    Current Status

Bill Number:               4675
Ratification Number:       514
Act Number                 435
Introducing Body:          House
Subject:                   South Carolina Board of Registration for
                           Landscape Architecture

(A435, R514, H4675)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY CORPORATIONS AND PARTNERSHIPS.

Be it enacted by the General Assembly of the State of South Carolina:

Board reauthorized

SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the Board of Registration for Landscape Architecture of South Carolina is reauthorized for six years.

Landscape architecture, practice by corporations or partnerships

SECTION 2. Section 40-28-160 of the 1976 Code, as amended by an act of 1990 bearing ratification number 410, is further amended to read:

"Section 40-28-160. The right to engage in the practice of landscape architecture is a personal right, based upon the qualifications of the individual evidenced by his license.

(1) The license is not transferable. All final drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, as defined in Section 40-28-10, when issued, or filed for public record, must be dated, and bear the name and seal of the landscape architect or landscape architects who prepared or approved them.

(2) Partnerships and corporations which meet the following conditions may be formed as a vehicle for the practice of landscape architecture:

(a) The practice of or offer to practice landscape architecture for others as defined in Section 40-28-10 by individual landscape architects licensed under this chapter through a corporation as officer, employees, or agents, or through a partnership as partners, officers, employees, or agents, or the offering or rendering of landscape architecture services by corporation or partnership through individual landscape architects licensed under this chapter is permitted, subject to the provisions of this chapter if (i) one or more of the corporate officers in the case of a corporation, or one or more of the partners in the case of a partnership, are designated as being responsible for the professional services described in Section 40-28-10 of the corporation or partnership and are landscape architects under this chapter; and (ii) all personnel of the corporation or partnership, who act in its behalf as landscape architects, are licensed under this chapter; and (iii) the corporation or partnership has been issued a certificate of authorization by the board. The requirements of this chapter do not prevent a corporation and its employees from performing landscape architectural services for the corporation or subsidiary or affiliated corporations.

(b) A corporation or partnership issued a Certificate of Authorization to provide or offer to provide landscape architectural services to the public in this State shall:

(1) submit an initial fee and file with the board, on a form prescribed by the board, a listing of names and addresses of all principals and officers, as well as all principals, officers, agents, and employees, who are in responsible charge of the practice in this State and are licensed to practice landscape architecture in this State;

(2) insure that all documents involving the practice of landscape architecture which are prepared for the use of the corporation or partnership bear the signature and seal of a landscape architect registered and licensed in this State;

(3) advise the board in writing within thirty days of a change in status of a principal, officer, agent, or employee registered and licensed under this chapter;

(4) have a resident landscape architect duly registered to practice in this State in responsible charge of a place of business maintained in this State for the purpose of providing or offering to provide landscape architectural services to the public;

(5) file a form giving current information, as prescribed in (1) above, with the annual renewal fee to be determined by the board.

(c) No corporation or partnership is relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with the provisions of this section nor is an individual practicing landscape architecture as defined in Section 40-28-10 relieved of responsibility of landscape architectural services performed by reason of his employment or relationship with the corporation or partnership.

(d) Disciplinary action against a corporation or partnership must be administered in the same manner and on the same grounds as disciplinary action against a registered landscape architect."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 24th day of April, 1990.