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H0449........................................................by MR. SPEAKER
Requested by: Board of Professional Engineers
and Land Surveyors
ENGINEERS AND LAND SURVEYORS - Amends existing law to delete "public
easement" as a defined term, to provide for marking of points where the
centerline changes direction on all streets, avenues and public highways,
to provide that land exclusive of public right-of-way that has been
subdivided and platted need not be vacated in order to be replatted, to
provide for placement of a witness corner or reference monument and to
require a filing of a record of survey, to provide that the Board of
Registration of Professional Engineers and Professional Land Surveyors may
recommend arbitration of disputes, to provide for maximum application fees
for licensure and to provide for a certification fee, to provide a fee for
reexamination and to provide that no survey of land or plat or subdivision
shall be legal unless made by or under the responsible charge of a
professional land surveyor.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Bus
01/30 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 67-1-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Schaefer, Stevenson, Stoicheff, Stone, Stubbs,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann,
Mr Speaker
NAYS -- Sali
Absent and excused -- Crow, Jaquet
Floor Sponsor - Stone
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Risch,
Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Bunderson, Hansen, Ingram, Riggs
Floor Sponsor - McLaughlin
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 220
Effective: 07/01/98
H0449|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 449 BY MR. SPEAKER Requested by: Board of Professional Engineers and Land Surveyors 1 AN ACT 2 RELATING TO LAND SURVEYS AND ENGINEERS AND SURVEYORS; AMENDING SECTION 3 50-1301, IDAHO CODE, TO DELETE PUBLIC EASEMENT AS A DEFINED TERM; AMENDING 4 SECTION 50-1303, IDAHO CODE, TO PROVIDE FOR MARKING OF POINTS WHERE THE 5 CENTERLINE CHANGES DIRECTION ON ALL STREETS, AVENUES AND PUBLIC HIGHWAYS; 6 AMENDING SECTION 50-1306A, IDAHO CODE, TO DELETE REFERENCES TO PUBLIC 7 EASEMENT AND TO PROVIDE THAT LAND EXCLUSIVE OF PUBLIC RIGHT-OF-WAY THAT 8 HAS BEEN SUBDIVIDED AND PLATTED NEED NOT BE VACATED IN ORDER TO BE 9 REPLATTED; AMENDING SECTION 50-1317, IDAHO CODE, TO DELETE REFERENCES TO 10 PUBLIC EASEMENTS AND TO PROVIDE THAT LAND EXCLUSIVE OF PUBLIC RIGHT-OF-WAY 11 THAT HAS BEEN SUBDIVIDED AND PLATTED NEED NOT BE VACATED IN ORDER TO BE 12 REPLATTED; AMENDING SECTION 50-1332, IDAHO CODE, TO PROVIDE FOR PLACEMENT 13 OF A WITNESS CORNER OR REFERENCE MONUMENT AND TO REQUIRE THE FILING OF A 14 RECORD OF SURVEY; AMENDING SECTION 54-1208, IDAHO CODE, TO PROVIDE THAT 15 THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND 16 SURVEYORS MAY RECOMMEND ARBITRATION OF DISPUTES BETWEEN PROFESSIONAL ENGI- 17 NEERS OR PROFESSIONAL LAND SURVEYORS AND TO MAKE A TECHNICAL CORRECTION; 18 AMENDING SECTION 54-1213, IDAHO CODE, TO PROVIDE A MAXIMUM APPLICATION FEE 19 FOR PROFESSIONAL ENGINEERS, PROFESSIONAL LAND SURVEYORS, ENGINEERS-IN- 20 TRAINING, LAND SURVEYORS-IN-TRAINING AND CORPORATIONS SEEKING TO BE 21 LICENSED AND TO PROVIDE FOR A CERTIFICATE FEE; AMENDING SECTION 54-1214, 22 IDAHO CODE, TO PROVIDE A FEE FOR REEXAMINATION; AND AMENDING SECTION 23 54-1229, IDAHO CODE, TO PROVIDE THAT NO SURVEY OF LAND OR PLAT OR SUBDIVI- 24 SION SHALL BE LEGAL UNLESS MADE BY OR UNDER THE RESPONSIBLE CHARGE OF A 25 PROFESSIONAL LAND SURVEYOR. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 50-1301, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-1301. DEFINITIONS. The following definitions shall apply to terms used 30 in sections 50-1301 through 50-1334, Idaho Code. 31 1. Easement: A right of use, falling short of ownership, and usually for 32 a certain stated purpose; 33 2. Functioning street department: A city department responsible for the 34 maintenance, construction, repair, snow removal, sanding and traffic control 35 of a public highway or public street system and which receives funds from the 36 highway distribution account to local units of government pursuant to section 37 40-709, Idaho Code; 38 3. Idaho coordinate system: That system of coordinates established and 39 designated by chapter 17, title 55, Idaho Code; 40 4. Monument: A physical structure or object that occupies the position of 41 a corner; 42 5. Owner: The proprietor of the land, (having legal title); 2 1 6. Plat: The drawing, map or plan of a subdivision, cemetery, townsite or 2 other tract of land, or a replatting of such, including certifications, 3 descriptions and approvals; 4 7. Private road: A road within a subdivision plat that is not dedicated 5 to the public and not a part of a public highway system; 6 8.Public easement: An easement dedicated to the public;79.Public highway agency: The state transportation depart- 8 ment, any city, county, highway district or other public agency with jurisdic- 9 tion over public highway systems and public rights-of-way; 10109 . Public land survey corner: Any point actu- 11 ally established and monumented in an original survey or resurvey that deter- 12 mines the boundaries of remaining public lands, or public lands patented, rep- 13 resented on an official plat and in the field notes thereof, accepted and 14 approved under authority delegated by congress to the U.S. general land office 15 and the U.S. department of interior, bureau of land management; 16 110 . Public right-of-way: Any land dedicated and 17 open to the public and under the jurisdiction of a public highway agency, 18 where the public highway agency has no obligation to construct or maintain 19 said right-of-way for vehicular traffic; 20 121 . Public street: A road, thoroughfare, alley, 21 highway or bridge under the jurisdiction of a public highway agency; 22 132 . Reference monument: A special monument that 23 does not occupy the same geographical position as the corner itself, but whose 24 spatial relationship to the corner is known and recorded, and which serves to 25 witness the corner; 26 143 . Sanitary restriction: The requirement that 27 no building or shelter which will require a water supply facility or a sewage 28 disposal facility for people using the premises where such building or shelter 29 is located shall be erected until written approval is first obtained from the 30 state board of health by its administrator or his delegate approving plans and 31 specifications either for public water and/or sewage facilities, or individual 32 parcel water and/or sewage facilities; 33 154 . Street: A road, thoroughfare, alley, high- 34 way or a right-of-way which may be open for public use but is not part of a 35 public highway system nor under the jurisdiction of a public highway agency; 36 165 . Subdivision: A tract of land divided into 37 five (5) or more lots, parcels, or sites for the purpose of sale or building 38 development, whether immediate or future; provided that this definition shall 39 not include a bona fide division or partition of agricultural land for agri- 40 cultural purposes. A bona fide division or partition of agricultural land for 41 agricultural purposes shall mean the division of land into lots, all of which 42 are five (5) acres or larger, and maintained as agricultural lands. Cities or 43 counties may adopt their own definition of subdivision in lieu of the above 44 definition; 45 176 . Witness corner: A monumented point usually 46 on a lot line or boundary line of a survey, near a corner and established in 47 situations where it is impracticable to occupy or monument the corner. 48 SECTION 2. That Section 50-1303, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 50-1303. SURVEY -- STAKES AND MONUMENTS -- ACCURACY. The centerline 51 intersections andright-of-way lines ofpoints where the 52 centerline changes direction on all streets, avenues, and public high- 53 ways and all points, witness corners and reference monuments on the exterior 54 boundary where the boundary line changes direction shall be marked with monu- 3 1 ments either of concrete, galvanized iron pipe, aluminum pipe, iron or steel 2 rods or other suitable monument approved by the county surveyor; if concrete 3 be used they shall not be less than six (6) inches by six (6) inches by 4 twenty-four (24) inches or in the case of public highways the size of a state 5 standard right-of-way monument, and be magnetically detectable; if galvanized 6 iron pipe be used they shall not be less than one (1) inch in diameter and 7 thirty (30) inches long; if aluminum pipe be used they shall not be less than 8 one (1) inch in diameter and thirty (30) inches long, and be magnetically 9 detectable; and if iron or steel rods be used they shall not be less than 10 five-eighths (5/8) of an inch in least dimension and thirty (30) inches long. 11 Points shall be plainly and permanently marked upon monuments so that measure- 12 ments may be taken to them to within one-tenth (1/10) of a foot. All lot cor- 13 ners, witness corners, and reference monuments for lot corners shall be marked 14 with monuments of either galvanized iron pipe, not less than one-half (1/2) 15 inch in diameter, or iron or steel rods, not less than one-half (1/2) inch in 16 least dimension and two (2) feet long or other suitable monument approved by 17 the county surveyor. All monuments set shall be magnetically detectable and 18 shall be permanently marked with the registration number of the professional 19 land surveyor in responsible charge. All lot corners of a burial lot within a 20 platted cemetery need not be marked with a monument, but the block corners 21 shall be placed within the cemetery in accordance with sound surveying princi- 22 ples and practice, and at locations that will permit the accurate identifica- 23 tion of each burial lot within the cemetery. The monuments shall be of either 24 galvanized iron pipe or iron or steel rods or bars not less than one-half 25 (1/2) inch in least dimension and two (2) feet long with marked cap; or caps 26 not less than one (1) inch in diameter. The locations and descriptions of all 27 monuments within a platted cemetery shall be carefully recorded upon the plat, 28 and the proper courses and distances of all boundary lines shall be shown, but 29 may be shown by appropriate legend. The survey for any plat shall be conducted 30 in such a manner to produce an unadjusted mathematical error of closure of not 31 less than one (1) part in five thousand (5,000). 32 SECTION 3. That Section 50-1306A, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-1306A. VACATION OF PLATS -- PROCEDURE. (1) Any person, persons, firm, 35 association, corporation or other legally recognized form of business desiring 36 to vacate a plat or any part thereof which is inside or within one (1) mile of 37 the boundaries of any city must petition the city council to vacate. Such 38 petition shall set forth particular circumstances of the requests to vacate; 39 contain a legal description of the platted area or property to be vacated; the 40 names of the persons affected thereby, and said petition shall be filed with 41 the city clerk. 42 (2) Written notice of public hearing on said petition shall be given, by 43 certified mail with return receipt, at least ten (10) days prior to the date 44 of public hearing to all property owners within three hundred (300) feet of 45 the boundaries of the area described in the petition. Such notice of public 46 hearing shall also be published once a week for two (2) successive weeks in 47 the official newspaper of the city, the last of which shall be not less than 48 seven (7) days prior to the date of said hearing; provided, however, that in a 49 proceeding as to the vacation of all or a portion of a cemetery plat where 50 there has been no interment, or in the case of a cemetery being within three 51 hundred (300) feet of another plat for which a vacation is sought, publication 52 of the notice of hearing shall be the only required notice as to the property 53 owners in the cemetery. 54 (3) When the procedures set forth herein have been fulfilled, the city 4 1 council may grant the request to vacate with such restrictions as they deem 2 necessary in the public interest. 3 (4) When the platted area lies more than one (1) mile beyond the city 4 limits, the procedures set forth herein shall be followed with the county com- 5 missioners of the county wherein the property lies. The county commissioners 6 shall have authority, comparable to the city council, to grant the vacation, 7 provided, however, when the platted area lies beyond one (1) mile of the city 8 limits, but adjacent to a platted area within one (1) mile of the city, con- 9 sent of the city council of the affected city shall be necessary in granting 10 any vacation by the county commissioners. 11 (5) In the case of easements granted for gas, sewer, water, telephone, 12 cable television, power, drainage, and slope purposes, public notice of intent 13 to vacate is not required. Vacation of these easements shall occur upon the 14 recording of the new or amended plat, provided that all affected easement 15 holders have been notified by certified mail, return receipt requested, of the 16 proposed vacation and have agreed to the same in writing. 17 (6) When public streets or public rights-of-wayor public easements18are located within the boundary of a highway district, the highway dis- 19 trict commissioners shall assume the authority to vacate said public streets 20 and public rights-of-way, and public easementsas provided in 21 subsection (4) of this section. 22 (7) All publication costs shall be at the expense of the petitioner. 23 (8) Public highway agencies acquiring real property within a platted sub- 24 division for highway right-of-way purposes shall be exempt from the provisions 25 of this section. 26 (9)Platting land whichLand exclusive of public 27 right-of-way that haspreviouslybeen subdivided and 28 plattedshall serve to vacate any previous platsin 29 accordance with this chapter need not be vacated in order to be replatted 30 . 31 SECTION 4. That Section 50-1317, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 50-1317. VACATION PROCEDURE IN UNINCORPORATED AREAS AND IN CITIES NOT 34 EXERCISING THEIR CORPORATE FUNCTIONS -- FILING OF PETITION -- NOTICE OF HEAR- 35 ING. Whenever any person, persons, firm, association or corporation interested 36 in any city which if unincorporated, or which, if incorporated, is not exer- 37 cising its corporate functions, or interested in any platted and subdivided 38 tract or acreage outside the limits of any incorporated city, may desire to 39 vacate any lot, tract, public street, public right-of-way,public ease-40ments,private road, common, plot or any part thereof in any such city, 41 it shall be lawful to petition the board of county commissioners of the county 42 where such property is located, setting forth the particular circumstances of 43 the case, and giving a distinct description of the property to be vacated and 44 the names of the persons to be particularly affected thereby; which petition 45 shall be filed with the appropriate county or highway district clerk and 46 notice of the pendency of said petition shall be given for a period of thirty 47 (30) days by written notice thereof, containing a description of the property 48 to be vacated, posted in three (3) public or conspicuous places in said city, 49 and also within the limits of said platted acreage, or in the event such prop- 50 erty is located within a county in which there is published a newspaper, as 51 defined by law, such notice shall also be published in such newspaper, once a 52 week for two (2) successive weeks. Provided, however, when a public street or 53 public right-of-wayor public easementis located within the 54 boundary of a highway district, the commissioners of the highway district 5 1 shall assume the authority to vacate said public street or public right-of- 2 way .or public easement. Platting land which3 Land exclusive of public right-of-way that haspreviously4 been subdivided and plattedshall serve to vacate any pre-5vious platsin accordance with this chapter need not be vacated 6 in order to be replatted . 7 SECTION 5. That Section 50-1332, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 50-1332. SETTING INTERIOR MONUMENTS AFTER RECORDING OF PLAT -- BOND OR 10 CASH DEPOSIT REQUIRED -- RELEASE OF BOND -- RETURN OF CASH DEPOSIT -- PAYMENT 11 FOR SURVEY WORK -- COUNTY SURVEYOR PERFORMING SURVEY WORK. (1) If the interior 12 monuments for a subdivision are to be set on or before a specified date after 13 the recording of the plat of the subdivision, the person subdividing the land 14 described in the plat shall furnish, prior to recording the plat, to the gov- 15 erning body of the city or county which approved the plat, either a bond or 16 cash deposit, at the option of the governing body, in an amount equal to one 17 hundred twenty percent (120%) of the estimated cost of performing the work for 18 the interior monumentation. The estimated cost of performing such work will be 19 determined by the surveyor signing the plat. 20 (2) If the person subdividing the land described in subsection (1) of 21 this section pays the surveyor for performing the interior monumentation work 22 and notifies the governing body of such payment, the governing body, within 23 two (2) months after such notice, shall release the bond or return the cash 24 deposit upon a finding that such payment has been made. Upon written request 25 from the person subdividing the land, the governing body may pay the surveyor 26 from moneys within a cash deposit or bond held by it for such purpose and 27 return the excess amount of the cash deposit, if any, to such person. 28 (3) In the event of the death, disability, or retirement from practice of 29 the surveyor charged with the responsibility for setting interior monuments 30 for a subdivision or upon the failure of such professional land surveyor to 31 set such monuments, the governing body may direct the county surveyor in his 32 official capacity or contract with a professional land surveyor in private 33 practice to set such monuments and reference such monuments for recording as 34 provided in section 50-1333, Idaho Code. Payment of the fees of a county sur- 35 veyor or professional land surveyor in private practice performing such work 36 shall be made as otherwise provided in this section. 37 (4) In the event any interior monument cannot be placed at the loca- 38 tion shown on the plat, the professional land surveyor shall place a witness 39 corner or reference monument and he shall file a record of survey as provided 40 in chapter 19, title 55, Idaho Code, to show the location of any witness cor- 41 ner or reference monument in relation to the platted location of the corner. 42 43 SECTION 6. That Section 54-1208, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt and 46 amend allby-lawsbylaws , rules of professional 47 responsibility and rules of procedure, not inconsistent with the constitution 48 and laws of this state, which may be reasonably necessary for the proper per- 49 formance of its duties and the administration of the act and the regulation of 50 proceedings before the board. These actions by the board shall be binding upon 51 persons registered under this act and shall be applicable to corporations 52 holding a certificate of authorization as provided in section 54-1235, Idaho 6 1 Code. It shall adopt and have an official seal which shall be affixed to each 2 certificate issued. It shall have power to provide an office, office equipment 3 and facilities and such books and records as may be reasonably necessary for 4 the proper performance of its duties. 5 (2) In carrying into effect the provisions of this act, the board may 6 subpoena witnesses and compel their attendance, and also may require the sub- 7 mission of books, papers, documents, or other pertinent data in any disciplin- 8 ary matters or in any case wherever a violation of this act is alleged. Upon 9 failure or refusal to comply with any such order of the board, or upon failure 10 to honor its subpoena as herein provided, the board may apply to any court of 11 any jurisdiction to enforce compliance with same. 12 (3) The board is hereby authorized in the name of the state to apply for 13 relief by injunction in the established manner provided in cases of civil pro- 14 cedure, without bond, to enforce the provisions of this act or to restrain any 15 violation thereof. Venue for all such actions shall be in the district court 16 of the fourth judicial district, Ada county, Idaho. 17 (4) The board may subject an applicant for registration to such examina- 18 tion as it deems necessary to determine qualifications. 19 (5) Any action, claim or demand to recover money damages from the board 20 or its employees which any person is legally entitled to recover as compensa- 21 tion for the negligent or otherwise wrongful act or omission of the board or 22 its employees, when acting within the course and scope of their employment, 23 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 24 Code. For purposes of this section, the term "employees" shall include, in 25 addition to those persons listed in section 6-902(4), Idaho Code, special 26 assignment members and other independent contractors while acting within the 27 course and scope of their board related work. 28 (6) The board mayappoint arbitration review committees to review29andrecommend arbitration of disputes between professional engineers or 30 disputes between professional land surveyors.Each committee shall con-31sist of no fewer than three (3) individuals currently licensed as professional32engineers on engineering disputes, and as professional land surveyors on land33surveying disputes. The committee members shall be reimbursed as provided for34board members in section 54-1205, Idaho Code. Further, each committee member35shall be protected from any action or other legal proceedings for damages as36provided for board members in section 54-1208(5), Idaho Code.37 SECTION 7. That Section 54-1213, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-1213. APPLICATIONS AND REGISTRATION FEES. Applications for registra- 40 tion as a professional engineer or professional land surveyor, or certifica- 41 tion as an engineer-in-training or land surveyor-in-training, shall be on 42 forms prescribed and furnished by the board. The application shall be made 43 under oath, and shall show the applicant's education and a detailed summary of 44 his technical and engineering or land surveying experience. An applicant for 45 registration as a professional engineer or professional land surveyor shall 46 furnish not less than five (5) references, of whom three (3) or more should be 47 registered professional engineers or professional land surveyors, as applica- 48 ble, having personal knowledge of the applicant's engineering or land survey- 49 ing experience. An applicant for certification as an engineer-in-training or 50 land surveyor-in-training shall furnish not less than three (3) references of 51 whom at least one (1) should be a registered professional engineer or profes- 52 sional land surveyor, as applicable, having personal knowledge of the 53 applicant's engineering or land surveying experience. Applications for certif- 54 icates of authorization shall be made in accordance with section 54-1235, 7 1 Idaho Code. 2 The maximumregistrationapplication fee for 3 professional engineers or professional land surveyors seeking to be 4 licensed by an eight (8) hour or longer examination shall 5 beone hundred fiftyan amount equal to the amount charged 6 the board by the entity preparing the examination, plus an administrative fee 7 not to exceed fifty dollars ($150 .00 ) . 8, of which aThe total application fee9not to exceed one hundred thirty dollars ($130),shall accompany the 10 application ., and the remainingIn addition to 11 the application fee, a certificate fee, not to exceed twenty dollars 12 ($20.00), shall be paid prior to issuance of the certificate. 13The maximum registration fee for a professional engineer licensed by14a sixteen (16) hour examination shall be two hundred seventy dollars ($270),15of which a fee not to exceed two hundred fifty dollars ($250) shall accompany16the application, and the remaining fee, not to exceed twenty dollars ($20.00)17shall be paid prior to issuance of the certificate.18 The maximumcertificationapplication fee for an 19 applicant who seeks a certificate as an engineer-in-training or land surveyor- 20 in-training shall beseventyan amount equal to the amount 21 charged the board by the entity preparing the examination, plus an administra- 22 tive fee not to exceed twenty -five dollars ($72 23 5.00) ., of which a fee not to exceed fifty-five dol-24lars ($55.00),The application fee shall accompany the 25 application ., and the remainingIn addition to 26 the application fee, a certificate fee, not to exceed twenty dollars 27 ($20.00), shall be paid prior to issuance of the certificate. 28 The maximumcertificationapplication fee for 29 corporations seeking a certificate of authorization shall be two 30 hundredtwentydollars ($220 0) . 31, of which a fee not to exceed two hundred dollars ($200),32 The application fee shall accompany the application . 33, and the remaining fee,In addition to the applica- 34 tion fee, a certificate fee, not to exceed twenty dollars ($20.00), 35 shall be paid prior to issuance of the certificate. 36 Separate application fees shall accompany all applications for each of the 37 four (4) classes of examinations: professional land surveyor, engineer-in- 38 training, land surveyor-in-training and professional engineer. 39 The amount of the registration fee or certificate fee shall be fixed by 40 the board prior to June 30th of any year and shall continue in force until 41 changed. Said fees shall not be subject to change except at the beginning of 42 each fiscal year. 43 Should the board deny the issuance of a certificate of registration or 44 authorization to any applicant, the fee deposited shall be retained as an 45 application fee. 46 SECTION 8. That Section 54-1214, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 54-1214. EXAMINATIONS. (1) Examinations will be held at such times and 49 places as the board directs. The board shall determine the acceptable grade on 50 examinations. 51 (2) Written examinations will be given in two (2) sections and may be 52 taken only after the applicant has met the other minimum requirements as given 53 in section 54-1212, Idaho Code, and has been approved by the board for admis- 54 sion to the examinations as follows: 8 1 (a) Fundamentals of Engineering -- The examination consists of an eight 2 (8) hour test period on the fundamentals of engineering. Passing this 3 examination qualifies the examinee for an engineer-in-training certifi- 4 cate, provided he has met all other requirements of certification required 5 by this chapter. 6 (b) Principles and Practice of Engineering -- The examination consists of 7 a minimum of an eight (8) hour test period on applied engineering. Passing 8 this examination qualifies the examinee for registration as a professional 9 engineer, provided he has met the other requirements for registration 10 required by this chapter. 11 (c) Fundamentals of Land Surveying -- The examination consists of an 12 eight (8) hour test period on the fundamentals of land surveying. Passing 13 this examination qualifies the examinee for a land surveyor-in-training 14 certificate, provided he has met all other requirements for certification 15 required by this chapter. 16 (d) Principles and Practice of Land Surveying -- The examination consists 17 of a minimum of an eight (8) hour test period on applied land surveying. 18 Passing this examination qualifies the examinee for registration as a pro- 19 fessional land surveyor, provided he has met the other requirements for 20 registration required by this chapter. 21 (3) A candidate failing all or part of the examination may apply for 22 reexamination, which may be granted upon payment ofan additional fee of23not to exceed a maximum of one hundred thirty dollars ($130) if the examina-24tion is for registration as a professional engineer or professional land sur-25veyor by use of an eight (8) hour examination and not to exceed a maximum of26two hundred fifty dollars ($250) if the examination is for registration as a27professional engineer by use of a sixteen (16) hour examination, and not to28exceed fifty-five dollars ($55.00) if the examination is for certification as29an engineer-in-training or land surveyor-in-training. Before readmission for a30section of the examination,a fee equal to the total application 31 fee for the first examination. Iin the event of a second 32 failure, the examinee shall be required to appear before the board or a 33 member thereof to submit evidence of having acquired the necessary 34 additional knowledge to warrant assignmentof the applicantto 35thea third examinationin a section. 36 (4) The board may prepare and adopt specifications for the written exami- 37 nations in engineering and land surveying. They shall be published in brochure 38 form and be available to any person interested in being registered as a pro- 39 fessional engineer or as a professional land surveyor. 40 SECTION 9. That Section 54-1229, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-1229. LEGAL SURVEY OF LAND. No survey of land, or plat or subdivision 43 shall be legal unless made by or under thedirect supervision44 responsible charge of a professional land surveyor. 45 All land surveys made under the authority of the state, or of any county, 46 town, city or village within the state, must be performed by a professional 47 land surveyor.
STATEMENT OF PURPOSE
RS07375
The purpose of this bill is to make technical corrections to the plats and vacations law and to
amend the engineers and surveyors registration law. It eliminates the definition and use of the
term "public easement"; it clarifies what points along streets and highways within plats must be
monumented with larger than minimum monuments; it clarifies what previously platted land
does not have to be vacated if replatted; it clarifies procedures to be followed if all monuments
are not placed in the ground at the time a plat is recorded; it allows the board to recommend
arbitration of disputes among licensees; it allows the board to charge an administrative fee in
addition to the amount paid for the examination; it allows one board member to interview a
candidate for assignment to a third administration of an examination, and it provides current
terminology.
FISCAL IMPACT
This bill will increase revenue to the board to match the expenses of obtaining and
administering examinations.
CONTACT
Name: David L. Curtis, P.E., Executive Secretary
Agency: Board of Professional Engineers and Professional Land Surveyors
Phone: 334-3860
Statement of Purpose/Fiscal Impact
H 449