HB 519 — Landscape architects; authorize to participate with multi-disciplinary engineer and architecture firms.

519 (As Passed the House) AN ACT TO AMEND SECTION 73-1-19, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI ARCHITECT LICENSING LAWS TO AUTHORIZE MULTI-DISCIPLINARY FIRMS TO INCLUDE ARCHITECTS, LANDSCAPE ARCHITECTS ANDAND/OR ENGINEERS AS LONG AS ONE ACTIVE MEMBER OR STOCKHOLDER OF THE FIRM HOLDS A CERTIFICATE TO PRACTICE ARCHITECTURE IN THE STATE OF MISSISSIPPI;

TO AMEND SECTION 73-2-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SIGNAGE REQUIREMENTS OF LANDSCAPE ARCHITECTS;

TO CONFORM TO THE PRECEDING SECTIONS;

(1)In Forthe purposescase of thisa section,copartnership theof termarchitects, "Businessor Entity"architects, meanslandscape anyarchitects partnership,and/or professionalengineers, association,or jointa enterprise,professional corporation, or professional corporation, limited liability companycompany, either foreign or professionaldomestic, limitedeach liabilityactive companymember offeringor architecturalstockholder, servicesand each officer, director or manager, must hold a certificate to practice architecture, landscape architecture or engineering in thisthat state.member's state of residence;

(2)and, *in *the *case Eachof activea partner,foreign membercorporation or stockholder,professional andlimited eachliability officer,company directordoing orbusiness managerin *this *state, *at ofleast aone foreign(1) oractive domesticmember businessor entitystockholder ofmust architects,hold architectsa andcertificate landscapeto architects,practice architectsarchitecture andin engineers,this orstate. architects, landscape H.

No stock company, corporation, professional H.

519 *HR31/R1593.1**HR31/R1593PH* ~ OFFICIAL ~ G1/2 23/HR31/R1593.123/HR31/R1593PH PAGE 1 (DJ\JAB) architectscorporation andor engineers,professional mustlimited holdliability acompany certificateshall tobe practiceentitled architecture,to landscapea architecturecertificate orto engineeringpractice inarchitecture. that member's state of residence;

and,No *company *other *than eacha foreignprofessional *corporation *or *a businessprofessional entitylimited doingliability businesscompany inshall thisadvertise stateor *otherwise *hold *itself shallout haveto atbe leastan onearchitect (1) active member or stockholderto *be *authorized * who holds a certificate to practice architecture in this state.

NoNothing *in *this *chapter business entity shall be entitledconstrued toas prohibiting a certificatejoint toenterprise, practicepartnership, architectureprofessional incorporation, thisprofessional state.limited liability company or association between one (1) or several registered professional engineers, registered landscape architects and/or duly registered architects;

*and *it * (3) Nothing in this chapter shall be construedlawful *for *such *partnership, tojoint prohibitenterprise, aprofessional *corporation, *professional *limited businessliability entitycompany that is composed of one (1) or severalassociation dulyto registereduse architectsin andits dulytitle registeredthe landscapewords architects, or one (1) or several duly registered professional engineers * * * and"architects", duly"landscape registeredarchitects" architects, or one"engineers"; (1) or several duly registered professional engineers, duly registered architects and duly registered landscape architects;

andprovided, ithowever, shallthat beall lawfulannouncements, forcards, suchstationery, *printed *matter *and businesslistings entityof tosuch usepartnership, injoint itsenterprise, titleprofessional anycorporation, combinationprofessional oflimited theliability wordscompany *or *association *,shall "engineersindicate andas architects"to "architectseach andmember landscapewhether architects",he orbe "engineers,a registered architect, registered landscape architectsarchitect andor architects";a registered engineer;

provided, however,further, that allthe announcements,name cards,of stationery,such printedpartnership, matterprofessional andcorporation, listingsprofessional oflimited *liability *company *or association shall contain the businessname entityof shallat indicateleast *one *(1) *person whetherwho *is *registered *as eachan memberarchitect isin athis registeredstate architect,and *that *no *such aperson registeredbe engineernamed oron aany registeredannouncement, landscapecard, architect.stationery, printed matter or H.

* * * The name of * * * the * * * business entity shall contain the name of at least one (1) person who is registered as an architect in this state H.

519 *HR31/R1593.1**HR31/R1593PH* ~ OFFICIAL ~ 23/HR31/R1593.123/HR31/R1593PH PAGE 2(DJ\JAB) andlisting *of *such *partnership, noprofessional *corporation, *professional *limited person'sliability *company * * name may be placed on any announcement, card, stationery, printed matter or listingassociation *used * * in this state by the business entity, unless there is designated thereon as to whether *or *not *such the listed person is licensed in this state.

Employees of a *firm * * business entity who are not registered as architects, * * * engineers or landscape architects *or *engineers * in athe businesscase entityof betweena architectsjoint *enterprise, *partnership, *,professional architectscorporation, andprofessional engineers,limited architectsliability andcompany landscapeor architects,association orbetween architects, landscape architects andand/or engineers, may only use business cards for that *firm * * business entity if the employee's job title *of *such *individual is clearly stated.

*Each *person *holding (4) In any business entity with ownership by a registeredcertificate landscapeto architectpractice orarchitecture landscape architects, as described in this section,state a minimum of two-thirds (2/3) of the partners, joint owners, stockholders, directors, officers, members, managers and others, depending on the legal structure of the business entity, shall bepost registeredsuch architectscertificate orin registereda professionalprominent engineersplace andin no more than one-third (1/3) of the individualarchitect's orplace collective ownership interest of thebusiness. business entity may be owned by the landscape architect or landscape architects, whichever is applicable.

(5) In a business entity between one (1) or several registered architects and registered professional engineers or one (1) or several registered architects and registered landscape H.

B.

No.

519 *HR31/R1593.1* ~ OFFICIAL ~ 23/HR31/R1593.1 PAGE 3(DJ\JAB) architects, or one (1) or several registered architects, registered engineers and registered landscape architects offering architectural services in this state, any contract or agreement to provide architectural services shall be executed on behalf of the business entity by a partner, stockholder, director, member, manager or officer of the business entity, with authority to contractually bind the business entity, who is a registered architect in this state.

A partner, stockholder, director, member, manager or officer who is an architect registered in this state shall exercise responsible control over the particular architectural services contracted for by the business entity and that architect's name and seal shall appear on all documents prepared by the business entity in its practice of architecture.

Other partners, stockholders, directors, members, managers or officers shall not direct the professional judgment of the architect in responsible control over the practice of architecture by the business entity.

Any business entity offering architectural services in this state shall furnish the board with such information about its organization, ownership and activities as the board shall require through the board's rule making authority under Section 73-1-9.

(6) It is further specifically provided that each individual who renders professional services on behalf of a business entity that provides architectural services, landscape architectural services or engineering services in a business entity between H.

B.

No.

519 *HR31/R1593.1* ~ OFFICIAL ~ 23/HR31/R1593.1 PAGE 4(DJ\JAB) architects, architects and engineers, architects and landscape architects, or architects, landscape architects and engineers is personally liable for any negligent or wrongful act or omission in which the individual personally participates to the same extent as if the individual rendered the professional services as a sole practitioner.

A partner, stockholder, or member of a business entity between architects, architects and engineers, architects and landscape architects, or architects, landscape architects and engineers is not liable for the negligence, wrongful acts, misconduct, or omissions of other partners, stockholders, members, agents, or employees of the business entity unless the individual is at fault for failing to provide responsible control over them.

(7) Each person holding a certificate to practice architecture in this state shall post such certificate in a prominent place in the architect's place of business.

(8) The following persons and practices shall be exempted from the provisions of this chapter:

Draftsmen, students, clerks-of-work and other employees of those lawfully practicing as registered architects under the provisions of this chapter acting under the instruction, responsible control or supervision of *their *employers. * a licensed architect.

SectionThis 73-2-5,act Mississippishall Codetake ofeffect 1972,and isbe amendedin asforce follows:from and after July 1, 2023, and shall stand repealed on June 30, 2023.

519 *HR31/R1593.1**HR31/R1593PH* ~ OFFICIAL ~ 23/HR31/R1593.123/HR31/R1593PH PAGEST: 5(DJ\JAB) 73-2-5.

In order to safeguard life, health and property, no person shall practice landscape architecture in this state, or use the title "landscape architect," or any prefix, suffix or other form thereof on any sign, title, card or device to indicate that such person is practicing landscape architecture or is a landscape architect, unless such person shall have secured from the board a license as landscape architect in the manner hereinafter provided, and shall thereafter comply with the provisions of this chapter.

Every holder of a current license shall display it in a conspicuous place in his or her principal office or place of employment.

SECTION 3.

This act shall take effect and be in force from and after July 1, 2023.

H.

B.

No.