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HB 4290

Relating to authorizing the Board of Landscape Architects to promulgate a legislative rule relating to fees.

2026 Regular Session Introduced by Doug Smith

HB 4290 gives the West Virginia Board of Landscape Architects statutory authority to promulgate a legislative rule establishing and governing its fees (9 CSR 03).

To House Judiciary
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Bill Summary · HB 4290

Overview

  • Bill: HB 4290
  • Session: 2026
  • Jurisdiction: West Virginia
  • Subject: Authorizing the Board of Landscape Architects to promulgate a legislative rule relating to fees
  • Sponsor: Delegate D. Smith (co-sponsor included)
  • Status: Introduced; referred to Government Organization and then Judiciary; action history shows “Do pass, but first to Judiciary” on 2026-01-30

Purpose and intent

  • The bill authorizes the Board of Landscape Architects to promulgate a legislative rule concerning fees.
  • It references an already filed legislative rule (9 CSR 03) related to fees, filed in the State Register on July 25, 2025, under the authority of §30-22-7.
  • In effect, the bill confirms and authorizes the Board’s ability to adopt and implement a specific fee rule as a legislative rule rather than an elective or informal policy.

Key provisions

  • Amends and reenacts §64-9-1 of the Code of West Virginia, 1931, as amended.
  • Creates authorization for the Board of Landscape Architects to promulgate a legislative rule (fees), effectively giving legal standing to the fee-related rule previously filed (9 CSR 03).
  • The text notes that the purpose of the bill is to authorize the Board to promulgate a legislative rule relating to fees.
  • The rule in question (9 CSR 03) was filed in the State Register on July 25, 2025, and is authorized under §30-22-7.

Who/what is affected

  • The Board of Landscape Architects (the regulatory board governing landscape architects in West Virginia).
  • Licensees and applicants regulated by the Board (landscape architects subject to licensure, renewal, and disciplinary rules) who would be subject to the Board’s fee schedule.

Procedural and timeline aspects

  • The bill authorizes a rule already filed in the State Register (as of July 25, 2025) to be promulgated as a legislative rule.
  • The legislative process path shown:
    • Introduced in House (January 14, 2026)
    • Referred to Government Organization and then Judiciary
    • On January 30, 2026, the bill achieved a “Do pass” designation, but with a note that it is to go to Judiciary first (typical intermediate step).
  • If enacted, the rule would become part of the affirmative body of legislative rules governing fees for the Board of Landscape Architects, subject to any further procedural steps required for legislative rules (e.g., potential review by the Joint Committee on Government and Finance, publication in the State Register, and potential amendments).

Potential impact

  • Provides explicit statutory authorization for the Board to set or adjust fees via a legislative rule.
  • Creates a clear legal pathway for the Board’s fee-related rule (9 CSR 03) to be in effect, ensuring enforceability and consistency in fee collection.
  • Affects financial aspects of licensure, renewal, and related Board activities by establishing the framework and authority for fee amounts and related procedures.

Summary

HB 4290 codifies and clarifies the West Virginia Board of Landscape Architects’ authority to promulgate a legislative rule governing fees, aligning with a rule previously filed (9 CSR 03) and ensuring the rule has statutory backing. The bill proceeds through standard legislative procedures and, if enacted, would implement or maintain the Board’s fee structure as a formal regulatory rule.

Compiled from official sources — confirm details with the bill’s official record.

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