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H0065........................................................by MR. SPEAKER
Requested by Board of Professional Engineers
and
Professional Land Surveyors
PROFESSIONAL ENGINEERS AND LAND SURVEYORS - Amends existing law to provide
that the Board of Professional Engineers and Land Surveyors adopt rules
governing continuing professional development and to strike obsolete
material.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Bus
01/29 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 65-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Gould, Linford, Wood
Dist. 19, Seat A, Vacant
Floor Sponsor - Stone
Title apvd - to Senate
02/03 Senate intro - 1st rdg - to Com/HuRes
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Lee
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 273
Effective: 07/01/99
H0065|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 65 BY MR. SPEAKER Requested by: Board of Professional Engineers & Professional Land Surveyors 1 AN ACT 2 RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS; AMENDING 3 SECTION 54-1208, IDAHO CODE, TO AUTHORIZE THE BOARD OF PROFESSIONAL ENGI- 4 NEERS AND PROFESSIONAL LAND SURVEYORS TO ADOPT CONTINUING PROFESSIONAL 5 DEVELOPMENT REQUIREMENTS; AND AMENDING SECTION 54-1223, IDAHO CODE, TO 6 STRIKE AN OBSOLETE PROVISION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-1208, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt and 11 amend all bylaws, rules of professional responsibility , rules of con- 12 tinuing professional development for professional land surveyors not to exceed 13 sixteen (16) hours annually, and rules of procedure, not inconsistent 14 with the constitution and laws of this state, which may be reasonably neces- 15 sary for the proper performance of its duties and the administration of the 16 act and the regulation of proceedings before the board. These actions by the 17 board shall be binding upon persons registered under this act and shall be 18 applicable to corporations holding a certificate of authorization as provided 19 in section 54-1235, Idaho Code. It shall adopt and have an official seal which 20 shall be affixed to each certificate issued. It shall have power to provide an 21 office, office equipment and facilities and such books and records as may be 22 reasonably necessary for the proper performance of its duties. 23 (2) In carrying into effect the provisions of this act, the board may 24 subpoena witnesses and compel their attendance, and also may require the sub- 25 mission of books, papers, documents, or other pertinent data in any disciplin- 26 ary matters or in any case wherever a violation of this act is alleged. Upon 27 failure or refusal to comply with any such order of the board, or upon failure 28 to honor its subpoena as herein provided, the board may apply to any court of 29 any jurisdiction to enforce compliance with same. 30 (3) The board is hereby authorized in the name of the state to apply for 31 relief by injunction in the established manner provided in cases of civil pro- 32 cedure, without bond, to enforce the provisions of this act or to restrain any 33 violation thereof. Venue for all such actions shall be in the district court 34 of the fourth judicial district, Ada county, Idaho. 35 (4) The board may subject an applicant for registration to such examina- 36 tion as it deems necessary to determine qualifications. 37 (5) Any action, claim or demand to recover money damages from the board 38 or its employees which any person is legally entitled to recover as compensa- 39 tion for the negligent or otherwise wrongful act or omission of the board or 40 its employees, when acting within the course and scope of their employment, 41 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 42 Code. For purposes of this section, the term "employees" shall include, in 43 addition to those persons listed in section 6-902(4), Idaho Code, special 2 1 assignment members and other independent contractors while acting within the 2 course and scope of their board related work. 3 (6) The board may recommend arbitration of disputes between professional 4 engineers or disputes between professional land surveyors. 5 SECTION 2. That Section 54-1223, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 54-1223. SAVING CLAUSE -- EXEMPTIONS. A. This chapter shall not be con- 8 strued to affect: 9 (1) The practice of any other profession or trade for which a license is 10 required under any law of this state or the United States. 11 (2) The work of an employee or a subordinate of a person holding a cer- 12 tificate of registration under this chapter, or an employee of a person 13 practicing lawfully under a temporary permit issued as provided in this 14 chapter, provided such work does not include final engineering design or 15 land surveying decisions and is done under the direct responsibility, 16 checking, and supervision of, and verified by, a person holding a certifi- 17 cate of registration under this chapter or a person practicing lawfully 18 under a temporary permit issued as provided in this chapter. 19 (3) Any individual teaching upper division engineering subjects that are 20 classified as engineering design for any college or university in this 21 state as of July 1, 1988, and any such individual employed after July 1, 22 1988, for a period of three (3) years from the date of employment with any 23 college or university in this state. 24 (4) An individual doing surveying work for himself, or through a firm, 25 partnership or corporation, on property owned or leased by the individual, 26 firm, partnership or corporation, or in which the individual, firm, part- 27 nership or corporation has an interest, estate or possessory right and 28 which affects exclusively the property or interests of the individual, 29 firm, partnership or corporation; provided, that all land surveying maps, 30 plats or plans filed with any county recorder's office in the state of 31 Idaho for the purpose of illustrating or defining boundaries of property 32 ownership, shall be made and certified by a registered, professional land 33 surveyor as provided in this chapter. 34 (5) An individual doing survey work for himself, or through a firm, part- 35 nership or corporation with respect to the location, amendment, or reloca- 36 tion of a mining claim. 37 (6) The practice of engineering by employees of a corporation or a com- 38 pany as long as the services provided by them are for internal corporate 39 or company use only. 40 B. The board, at its discretion, may exempt an exceptional individual who 41 has twenty-five (25) or more years of appropriate experience in engineering 42 from the requirement for satisfactory completion of an examination in the fun- 43 damentals of engineering. 44 C.During the period beginning July 1, 1996, and ending June 30,451999, applicants shall be entitled to apply for licensure or certification46under the provisions of section 54-1212, Idaho Code, which are in effect on47June 30, 1996.48D.In addition to, and notwithstanding other provisions of this 49 chapter, in circumstances of emergency creating conditions of imminent and 50 substantial danger to the public health, safety or environment through the 51 provision of engineering services, the prosecuting attorney or the attorney 52 general may institute a civil action for an immediate injunction to halt the 53 provision of engineering services.
STATEMENT OF PURPOSE
RS08341
The purpose of this legislation is to specifically empower the
Board of Registration of Professional Engineers and Professional
Land Surveyors to promulgate rules of continuing professional
competency (sometimes referred to as continuing education) for
those persons licensed to practice as professional land surveyors.
The Board has promulgated such rules under the general language of
the existing statute which allows the promulgation of rules "not
inconsistent with the constitution and laws of this state," but on
advice of counsel for the Legislative Services Office, this bill
provides the specific authority to promulgate the rules. The bill
also eliminates reference to a dated section of the Idaho Code
which no longer applies after June 30, 1999.
FISCAL IMPACT
This bill will not affect the dedicated fund revenues or expenses
of the Board except for the expense of promulgating the rules.
Licensed Professional Land Surveyors will bear the expense of
continuing professional development as do other licensed persons in
other professions in Idaho.
CONTACT
Name: David L. Curtis, P.E., Executive Secretary
Agency: Bd. of Prof. Engineers and Prof. Land Surveyors
Phone: 334-3860
Statement of Purpose/Fiscal Impact H 6