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H0390........................................................by MR. SPEAKER
Requested by: Board of Professional Engineers
and Land Surveyors
PROFESSIONAL ENGINEERS AND LAND SURVEYORS - Amends and repeals existing law
relating to professional engineers and land surveyors to provide for
biennial renewal of licenses; to provide an electronic format for
maintenance of a roster; to provide correct nomenclature; and to allow the
board to extend the time for hearing a complaint.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 62-1-7
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Campbell
Absent and excused -- Alltus, Crow, Hammond, Hansen(29), Linford,
Marley, Moss
Floor Sponsor - Stone
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Com/HuRes
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Davis
Floor Sponsor - Williams
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 289
Effective: 07/01/00
H0390|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 390 BY MR. SPEAKER Requested by: Board of Professional Engineers and Land Surveyors 1 AN ACT 2 RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS; AMENDING 3 SECTION 54-1202, IDAHO CODE, TO REVISE THE DEFINITION OF A CONSULTING 4 ENGINEER; AMENDING SECTIONS 54-1205, 54-1207, 54-1208 AND 54-1209, IDAHO 5 CODE, TO PROVIDE PROPER NOMENCLATURE; AMENDING SECTION 54-1211, IDAHO 6 CODE, TO ELIMINATE PUBLICATION OF A BIENNIAL ROSTER AND PROVIDE FOR MAIN- 7 TAINING A ROSTER IN ELECTRONIC FORMAT; AMENDING SECTION 54-1212, IDAHO 8 CODE, TO CLARIFY REQUIREMENTS FOR ASSIGNMENT TO EXAMINATIONS; AMENDING 9 SECTION 54-1213, IDAHO CODE, TO INCREASE THE ALLOWABLE ADMINISTRATIVE FEE 10 FOR APPLICATIONS AND TO ELIMINATE A SEPARATE FEE FOR CERTIFICATES; AMEND- 11 ING SECTION 54-1214, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE AND TO 12 MAKE PUBLICATION OF EXAMINATION BROCHURES PERMISSIVE; AMENDING SECTION 13 54-1215, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE AND TO ELIMINATE 14 DETAILS OF THE SEAL; AMENDING SECTION 54-1216, IDAHO CODE, TO PROVIDE FOR 15 BIENNIAL RENEWAL OF INDIVIDUAL CERTIFICATES OF REGISTRATION AND TO ADJUST 16 THE FEES FOR BIENNIAL RENEWAL; AMENDING SECTION 54-1220, IDAHO CODE, TO 17 LIMIT THE FILING OF CHARGES TO AFFECTED PARTIES, TO PROVIDE PROPER NOMEN- 18 CLATURE AND TO ALLOW THE BOARD TO EXTEND THE TIME FOR HEARING A COMPLAINT; 19 AMENDING SECTION 54-1222, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE; 20 AMENDING SECTION 54-1223, IDAHO CODE, TO ELIMINATE AN OBSOLETE REFERENCE; 21 REPEALING SECTION 54-1224, IDAHO CODE; AMENDING SECTIONS 54-1226 AND 22 54-1229, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE; AND PROVIDING AN 23 EFFECTIVE DATE. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 54-1202, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 54-1202. DEFINITIONS. As used in this chapter, unless the context or sub- 28 ject matter requires otherwise: 29 (a) Engineer. The term "engineer" means a person who is qualified to 30 practice engineering by reason of his special knowledge and use of mathemati- 31 cal, physical and engineering sciences, and the principles and methods of 32 engineering analysis and design, acquired by professional education and engi- 33 neering experience. 34 (b) Professional Engineer. The term "professional engineer" means a per- 35 son who has been duly registered or licensed as a professional engineer by the 36 board under this chapter. 37 (c) Professional Engineering and Practice of Professional Engineering. 38 The terms "professional engineering" and "practice of professional engineer- 39 ing" mean any service or creative work offered to or performed for the public, 40 such as consultation, investigation, evaluation, planning, designing, teaching 41 upper division engineering design subjects, and responsible charge of observa- 42 tion of construction in connection with any public or private utilities, 43 structures, buildings, machines, equipment, processes, works, or projects, 2 1 wherein the public welfare or the safeguarding of life, health, or property is 2 concerned or involved, when such service requires the application of engineer- 3 ing principles and data. A person shall be construed to practice or offer to 4 practice professional engineering within the meaning and intent of this chap- 5 ter who practices or offers to practice any of the branches of the profession 6 of engineering for the public or who, by verbal claim, sign, advertisement, 7 letterhead, card, or in any other way represents himself to be a professional 8 engineer or through the use of some other title implies that he is a profes- 9 sional engineer or that he is registered under this chapter, or holds himself 10 out as able to perform or who does perform for the public any engineering ser- 11 vice or work or any other service designated by the practitioner which is the 12 practice of professional engineering. 13 (d) Consulting Engineer. The term "consulting engineer" means a profes- 14 sional engineer whose principal occupation is the independent practice of pro- 15 fessional engineering; whose livelihood is obtained by offering engineering 16 services to the public;who serves clients as an independent fiduciary;who is 17 devoid of public, commercial and product affiliation that might tend to infer 18 a conflict of interest; and who is cognizant of his public and legal responsi- 19 bilities, and is capable of discharging them. 20 (e) Professional Land Surveyor. The term "professional land surveyor" 21 means a person who is qualified by reason of his knowledge of the principles 22 of land surveying acquired by education and practical experience to engage in 23 the practice of professional land surveying and who has been duly registered 24 or licensed as a professional land surveyor by the board under this chapter. 25 (f) Professional Land Surveying and Practice of Professional Land Survey- 26 ing. The terms "land surveying" and "professional land surveying" mean respon- 27 sible charge of surveying of land to determine the correct boundary descrip- 28 tion, to convey, to establish or reestablish land boundaries, or to plat lands 29 and subdivisions thereof. Any person shall be construed to practice or offer 30 to practice professional land surveying who engages in professional land sur- 31 veying, or who, by verbal claim, sign, advertisement, letterhead, card, or in 32 any other way represents himself to be a professional land surveyor, or who 33 represents himself as able to perform or who does perform any professional 34 land surveying service or work or any other service designated by the practi- 35 tioner which is professional land surveying. 36 (g) Board. The term "board" means the Idaho board of registration of pro- 37 fessional engineers and professional land surveyors, hereinafter provided by 38 this chapter. 39 (h) Responsible Charge. The term "responsible charge" means the control 40 and direction of the investigation, studies, design, construction or operation 41 of engineering work, or the control and direction of record research, field 42 retracement, office calculations, boundary determination and mapping of land 43 surveying work, requiring initiative, professional skill and independent judg- 44 ment. 45 (i) Engineer-in-Training. The term "engineer-in-training" means a person 46 who has qualified for, taken and passed an examination in the fundamentals of 47 engineering subjects as provided in this chapter. 48 (j) Land Surveyor-in-Training. The term "land surveyor-in-training" means 49 a person who has qualified for, taken and passed an examination in the funda- 50 mentals of land surveying subjects as provided in this chapter. 51 (k) Rules of Professional Responsibility. The term "rules of professional 52 responsibility" means those rules, if any, promulgated by the board, as autho- 53 rized by the Idaho Code. 54 (l) Public. The term "public" means any person, firm, corporation, part- 55 nership, company, government agency, institution or any other entity recog- 3 1 nized by law. 2 SECTION 2. That Section 54-1205, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 54-1205. COMPENSATION AND EXPENSES OF BOARD MEMBERS. Each member of the 5 board shall be compensated as provided by section 59-509(h), Idaho Code, when 6 attending to the work of the board or any of its committees and for the time 7 spent in necessary travel; and, in addition thereto, shall be reimbursed for 8 all actual travel, per diem, incidentals and clerical expenses necessarily 9 incurred in carrying out the provisions of thisactchapter. 10 SECTION 3. That Section 54-1207, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-1207. BOARD -- ORGANIZATION AND MEETINGS. The board shall hold at 13 least one (1) regular meeting each year. The rules of the board may provide 14 for additional regular meetings and for special meetings. Notice of all meet- 15 ings shall be given as may be provided in the rules. The board shall annually 16 elect a chairman, a vice-chairman and a secretary, who shall be members of the 17 board, and they may provide for an assistant or executivesecretarydirector 18 who need not be a member of the board. Three (3) members shall constitute a 19 quorum. 20 SECTION 4. That Section 54-1208, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt and 23 amend all bylaws, rules of professional responsibility, rules of continuing 24 professional development for professional land surveyors not to exceed sixteen 25 (16) hours annually, and rules of procedure, not inconsistent with the consti- 26 tution and laws of this state, which may be reasonably necessary for the 27 proper performance of its duties and the administration of theactchapter and 28 the regulation of proceedings before the board. These actions by the board 29 shall be binding upon persons registered under thisactchapter and shall be 30 applicable to corporations holding a certificate of authorization as provided 31 in section 54-1235, Idaho Code. It shall adopt and have an official seal which 32 shall be affixed to each certificate issued. It shall have power to provide an 33 office, office equipment and facilities and such books and records as may be 34 reasonably necessary for the proper performance of its duties. 35 (2) In carrying into effect the provisions of thisactchapter, the board 36 may subpoena witnesses and compel their attendance, and also may require the 37 submission of books, papers, documents, or other pertinent data in any disci- 38 plinary matters or in any case wherever a violation of thisactchapter is 39 alleged. Upon failure or refusal to comply with any such order of the board, 40 or upon failure to honor its subpoena as herein provided, the board may apply 41 to any court of any jurisdiction to enforce compliance with same. 42 (3) The board is hereby authorized in the name of the state to apply for 43 relief by injunction in the established manner provided in cases of civil pro- 44 cedure, without bond, to enforce the provisions of thisactchapter or to 45 restrain any violation thereof. Venue for all such actions shall be in the 46 district court of the fourth judicial district, Ada county, Idaho. 47 (4) The board may subject an applicant for registration to such examina- 48 tion as it deems necessary to determine qualifications. 49 (5) Any action, claim or demand to recover money damages from the board 4 1 or its employees which any person is legally entitled to recover as compensa- 2 tion for the negligent or otherwise wrongful act or omission of the board or 3 its employees, when acting within the course and scope of their employment, 4 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 5 Code. For purposes of this section, the term "employees" shall include, in 6 addition to those persons listed in section 6-902(4), Idaho Code, special 7 assignment members and other independent contractors while acting within the 8 course and scope of their board related work. 9 (6) The board may recommend arbitration of disputes between professional 10 engineers or disputes between professional land surveyors. 11 SECTION 5. That Section 54-1209, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-1209. RECEIPTS AND DISBURSEMENTS. The secretary of the board, or 14 assistants thereto as may be designated by the board, shall receive and 15 account for all moneys derived under the provisions of this chapter, and shall 16 pay the same to the state treasurer, who shall keep such moneys in a separate 17 account to be known as the "professional engineers' and professional land sur- 18 veyors' account." Such moneys shall be kept separate and apart from all other 19 moneys in the treasury, and shall be paid out only on approval of the board. 20 All moneys in the "professional engineers' and professional land surveyors' 21 account" are hereby specifically appropriated for the use of the board. The 22 secretary and executivesecretarydirector of the board shall be bonded to the 23 state of Idaho in the time, form and manner prescribed in chapter 8, title 59, 24 Idaho Code. The executivesecretarydirector of the board shall receive such 25 salary as the board shall determine in addition to the expenses provided for 26 in section 54-1205, Idaho Code. The board may employ such clerical or other 27 assistants as are necessary for the proper performance of its work, and may 28 make expenditures from this fund for any purpose which, in the opinion of the 29 board, is reasonably necessary for the proper performance of its duties under 30 this chapter, including the expenses of the board's delegates to annual con- 31 ventions of, and membership dues to, the National Council of Examiners for 32 Engineering and Surveying and any of its subdivisions. Under no circumstances 33 shall the total amount of expenditures approved by the board in payment of the 34 expenses and compensation provided for in this chapter exceed the accumulated 35 amount of the fees collected as herein provided. All warrants on said 36 "professional engineers' and professional land surveyors' account" shall be 37 drawn by the state controller on vouchers by the board and the state board of 38 examiners. 39 SECTION 6. That Section 54-1211, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-1211. ROSTER. A complete roster showing the names and last known 42 addresses of all registered professional engineers, all registered profes- 43 sional land surveyors, all entities holding certificates of authorization as 44 required under section 54-1235, Idaho Code, and all who possess current certi- 45 fication as engineers-in-training and as land surveyors-in-training shall be 46publishedmaintained by the boardbiennially. Copies of this roster shall be47mailed to each person so registered or certified and may be distributed or48soldin an electronic format available to the public.upon request.49 SECTION 7. That Section 54-1212, Idaho Code, be, and the same is hereby 50 amended to read as follows: 5 1 54-1212. GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE. Except as 2 herein otherwise expressly provided, no license as a professional engineer or 3 professional land surveyor, or certification as an engineer-in-training or 4 land surveyor-in-training, shall be issued until an applicant has successfully 5 passed an examination given by or under the supervision of the board, nor 6 shall a license as a professional engineer or professional land surveyor, or 7 certification as an engineer-in-training or land surveyor-in-training, be 8 issued to an applicant having habits or character that would justify revoca- 9 tion or suspension of certificate, as provided in section 54-1220, Idaho Code. 10 The following shall be considered as minimum evidence satisfactory to the 11 board that the applicant is qualified for assignment to an examination: 12 (1) As a professional engineer: 13 (a) Graduation from an approved engineering curriculum of four (4) years 14 or more in a school or college approved by the board as being of satisfac- 15 tory standing, passage of an examination on the fundamentals of engineer- 16 ing acceptable to the board, and a specific record of an additional four 17 (4) years or more of progressive experience in engineering work of a grade 18 and character satisfactory to the board, and indicating that the applicant 19 is competent to practice professional engineering; or 20 (b) Evidence satisfactory to the board that the applicant possesses 21 knowledge and skill approximating that attained through graduation from an 22 approved four (4) year engineering curriculum, graduation with a bachelor 23 degree in a related science from a school or college approved by the 24 board, passage of an examination on the fundamentals of engineering 25 acceptable to the board, and a specific record of eight (8) years or more 26 of progressive experience in engineering work of a grade and character 27 satisfactory to the board and indicating that the applicant is competent 28 to practice professional engineering. 29 (2) As a professional land surveyor: 30 (a) Graduation from an approved surveying curriculum of four (4) years or 31 more in a school or college approved by the board as being of satisfactory 32 standing, passage of an examination on the fundamentals of land surveying 33 acceptable to the board, and a specific record of an additional four (4) 34 years or more of combined office and field experience in land surveying 35 work, with a minimum of two (2) years of progressive experience in land 36 surveying work of a grade and character satisfactory to the board and 37 indicating that the applicant is competent to practice professional land 38 surveying; or 39 (b) At least sixty (60) semester hours of college level academic educa- 40 tion beyond high school, with a minimum of fifteen (15) credits in land 41 surveying, engineering, mathematics or related science, passage of an 42 examination on the fundamentals of land surveying acceptable to the board, 43 and a specific record of an additional six (6) years of combined office 44 and field experience in land surveying work, with a minimum of two (2) 45 years of progressive experience in land surveying work of a grade and 46 character satisfactory to the board and indicating that the applicant is 47 competent to practice land surveying; or 48 (c) Evidence that the applicant possesses knowledge and skill, satisfac- 49 tory to the board, similar to that attained upon completion of an approved 50 college curriculum, passage of an examination on the fundamentals of land 51 surveying acceptable to the board, and evidence of a specific record of at 52 least eight (8) years of combined office and field experience in land sur- 53 veying work with a minimum of three (3) years of progressive experience in 54responsible charge ofland surveying work of a grade and character satis- 55 factory to the board and indicating that the applicant is competent to 6 1 practice land surveying. 2 (3) As an engineer-in-training: 3 (a) Graduation from or in the last two (2) semesters of an approved engi- 4 neering curriculum of four (4) years or more in a school or college 5 approved by the board as being of satisfactory standing and indicating 6 that the applicant is competent to enroll as an engineer-in-training; or 7 (b) Evidence satisfactory to the board that the applicant possesses 8 knowledge and skill approximating that attained through graduation from an 9 approved four (4) year engineering curriculum, graduation with a bachelor 10 degree in a related science from a school or college approved by the 11 board, and a specific record of one (1) year or more of progressive expe- 12 rience in engineering work of a character satisfactory to the board and 13 indicating that the applicant is competent to be enrolled as an engineer- 14 in-training. 15 (c) In the event the applicant qualifies for assignment to the examina- 16 tion during the last two (2) semesters of college under the provisions of 17 section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer- 18 tificate will be issued only after the applicant graduates. 19 (4) As a land surveyor-in-training: 20 (a) Graduation from, or in the last two (2) semesters of, an approved 21 surveying curriculum of four (4) years or more in a school or college 22 approved by the board as being of satisfactory standing and indicating 23 that the applicant is competent to be enrolled as a land surveyor-in- 24 training; or 25 (b) At least sixty (60) semester hours of college level academic educa- 26 tion beyond high school, with a minimum of fifteen (15) credits in land 27 surveying, engineering, mathematics or related science, and in addition, a 28 specific record of three (3) years or more of combined office and field 29 experience in land surveying work of a character satisfactory to the board 30 that the applicant is competent to be enrolled as a land surveyor-in- 31 training; or 32 (c) Possesses knowledge and skill, satisfactory to the board, similar to 33 that attained upon completion of an approved college level academic cur- 34 riculum and evidence of a specific record of at least four (4) years expe- 35 rience of combined office and field experience of a character satisfactory 36 to the board that the applicant is competent to be enrolled as a land 37 surveyor-in-training. 38 In counting years of experience for assignment to the professional engi- 39 neer or professional land surveyor examination, the board may, at its discre- 40 tion, give credit, not in excess of one (1) year, for satisfactory graduate 41 study. 42 In considering the combined education and experience qualifications of 43 applicants, the board shall consider engineering teaching, land surveying 44 teaching, each year of satisfactory completion of undergraduate college educa- 45 tion, advanced degrees in engineering and advanced degrees in land surveying 46 in establishing the applicants' minimum composite knowledge and skill. 47 The mere execution, as a contractor, of work designed by a professional 48 engineer, or the supervision of the construction of such work as a foreman or 49 superintendent, shall not be deemed to be the practice of engineering, but if 50 such experience, in the opinion of the board, has involved responsible super- 51 vision of a character that will tend to expand the engineering knowledge and 52 skill of the applicant the board may in its discretion give such credit there- 53 for as it may deem proper. 54 Any person having the necessary qualifications prescribed in this chapter 55 to entitle him to registration shall be eligible for such registration 7 1 although he may not be practicing his profession at the time of making his 2 application. 3 SECTION 8. That Section 54-1213, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-1213. APPLICATIONS AND REGISTRATION FEES. Applications for registra- 6 tion as a professional engineer or professional land surveyor, or certifica- 7 tion as an engineer-in-training or land surveyor-in-training, shall be on 8 forms prescribed and furnished by the board. The application shall be made 9 under oath, and shall show the applicant's education and a detailed summary of 10 his technical and engineering or land surveying experience. An applicant for 11 registration as a professional engineer or professional land surveyor shall 12 furnish not less than five (5) references, of whom three (3) or more should be 13 registered professional engineers or professional land surveyors, as applica- 14 ble, having personal knowledge of the applicant's engineering or land survey- 15 ing experience. An applicant for certification as an engineer-in-training or 16 land surveyor-in-training shall furnish not less than three (3) references of 17 whom at least one (1) should be a registered professional engineer or profes- 18 sional land surveyor, as applicable, having personal knowledge of the 19 applicant's engineering or land surveying experience. Applications for certif- 20 icates of authorization shall be made in accordance with section 54-1235, 21 Idaho Code. 22 The maximum application fee for professional engineers or professional 23 land surveyors seeking to be licensed by an eight (8) hour or longer examina- 24 tion shall be an amount equal to the amount charged the board by the entity 25 preparing the examination, plus an administrative fee not to exceedfiftyone 26 hundred dollars ($50.100). The total application fee shall accompany the 27 application.In addition to the application fee, a certificate fee, not to28exceed twenty dollars ($20.00), shall be paid prior to issuance of the certif-29icate.30 The maximum application fee for an applicant who seeks a certificate as an 31 engineer-in-training or land surveyor-in-training shall be an amount equal to 32 the amount charged the board by the entity preparing the examination, plus an 33 administrative fee not to exceedtwenty-fivefifty dollars ($250.00). The 34 application fee shall accompany the application.In addition to the applica-35tion fee, a certificate fee, not to exceed twenty dollars ($20.00), shall be36paid prior to issuance of the certificate.37 The maximum application fee for corporations seeking a certificate of 38 authorization shall be two hundred dollars ($200). The application fee shall 39 accompany the application.In addition to the application fee, a certificate40fee, not to exceed twenty dollars ($20.00), shall be paid prior to issuance of41the certificate.42 Separate application fees shall accompany all applications for each of the 43 four (4) classes of examinations: professional land surveyor, engineer-in- 44 training, land surveyor-in-training and professional engineer. 45 The amount of the registration fee or certificate fee shall be fixed by 46 the board prior to June 30th of any year and shall continue in force until 47 changed.Said fees shall not be subject to change except at the beginning of48each fiscal year.49 Should the board deny the issuance of a certificate of registration or 50 authorization to any applicant, the fee deposited shall be retained as an 51 application fee. 52 SECTION 9. That Section 54-1214, Idaho Code, be, and the same is hereby 8 1 amended to read as follows: 2 54-1214. EXAMINATIONS. (1) Examinations will be held at such times and 3 places as the board directs. The board shall determine the acceptable grade on 4 examinations. 5 (2) Written examinations will be given in two (2) sections and may be 6 taken only after the applicant has met the other minimum requirements as given 7 in section 54-1212, Idaho Code, and has been approved by the board for admis- 8 sion to the examinations as follows: 9 (a) Fundamentals of Engineering -- The examination consists of an eight 10 (8) hour test period on the fundamentals of engineering. Passing this 11 examination qualifies the examinee for an engineer-in-training certifi- 12 cate, provided he has met all other requirements of certification required 13 by this chapter. 14 (b) Principles and Practice of Engineering -- The examination consists of 15 a minimum of an eight (8) hour test period on applied engineering. Passing 16 this examination qualifies the examinee for registration as a professional 17 engineer, provided he has met the other requirements for registration 18 required by this chapter. 19 (c) Fundamentals of Land Surveying -- The examination consists of an 20 eight (8) hour test period on the fundamentals of land surveying. Passing 21 this examination qualifies the examinee for a land surveyor-in-training 22 certificate, provided he has met all other requirements for certification 23 required by this chapter. 24 (d) Principles and Practice of Land Surveying -- The examination consists 25 of a minimum of an eight (8) hour test period on applied land surveying. 26 Passing this examination qualifies the examinee for registration as a pro- 27 fessional land surveyor, provided he has met the other requirements for 28 registration required by this chapter. 29 (3) A candidate failing all or part of the examination may apply for 30 reexamination, which may be granted upon payment of a fee equal to the total 31 application fee for thefirstrequired examination. In the event of a second 32 failure, the examinee shall be required to appear before the board or a member 33 thereof to submit evidence of having acquired the necessary additional knowl- 34 edge to warrant assignment to a third examination. 35 (4) The board may prepare and adopt specifications for the written exami- 36 nations in engineering and land surveying. Theyshallmay be published in bro- 37 chure form and be available to any person interested in being registered as a 38 professional engineer or as a professional land surveyor. 39 SECTION 10. That Section 54-1215, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate 42 of registration upon payment of the registration fee as provided for in this 43 chapter to any applicant who, in the opinion of the board, has satisfactorily 44 met all of the requirements of this chapter, and an enrollment certificate 45 shall be issued to those who qualify as engineers-in-training and land 46 surveyors-in-training. In the case of a registered professional engineer, the 47 certificate shall authorize the practice of "professional engineering," and in 48 the case of a registered professional land surveyor the certificate shall 49 authorize the practice of "professional land surveying." Certificates of reg- 50 istration shall show the full name of the registrant, shall give a serial reg- 51 istration number, and shall be signed by the chairman and the secretary of the 52 board under seal of the board. 9 1 (2) The issuance of a certificate of registration by the board shall be 2 prima facie evidence that the person named therein is entitled to all the 3 rights, privileges and responsibilities of a registered professional engineer 4 or of a registered professional land surveyor, provided that said certificate 5 of registration has not expired or has not been suspended or revoked. 6 (3) Each registrant hereunder shall, upon registration, obtain a seal, 7 the use and design of which are described below. It shall be unlawful for any 8 person to affix or to permit his seal and signature to be affixed to any docu- 9 ments after the certificate of the registrant named thereon has expired or has 10 been suspended or revoked, unless said certificate shall have been renewed, 11 reinstated, or reissued, or for the purpose of aiding or abetting any other 12 person to evade or attempt to evade any portion of this chapter. 13 (a) The seal may be a rubber stamp, crimp or electronically generated 14 image. Whenever the seal is applied, the registrant's written signature 15 and date shall be adjacent to or across the seal. No further words or 16 wording is required. A facsimile signature generated by any method will 17 not be acceptable. 18 (b) The seal, signature and date shall be placed on all final specifica- 19 tions, land surveys, reports, plats, drawings, plans, design information 20 and calculations, whenever presented to a client or any public or govern- 21 mental agency. 22 (c) The seal, signature and date shall be placed on all original docu- 23 ments. The application of the registrant's seal, signature and date shall 24 constitute certification that the work thereon was done by him or under 25 his responsible charge. Each plan or drawing sheet shall be sealed and 26 signed by the registrant or registrants responsible for each sheet. In the 27 case of a firm, partnership or corporation, each plan or drawing sheet 28 shall be sealed and signed by the registrant or registrants involved. The 29 principal in responsible charge shall sign and seal the title or first 30 sheet. Copies of electronically produced documents, listed in paragraph 31 (b) of this subsection, distributed for informational uses such as for 32 bidding purposes or working copies, may be issued with the registrant's 33 seal and a notice that the original document is on file with the 34 registrant's signature and date. The words "Original Signed By:" and "Date 35 Original Signed:" shall be placed adjacent to or across the seal on the 36 electronic original. The storage location of the original document shall 37 also be provided. Only the title page of reports, specifications and like 38 documents need bear the seal, signature and date of the registrant. 39 (d) The seal and signature shall be used by registrants only when the 40 work being stamped was under the registrant's responsible charge. 41 (e) In the case of a temporary permit issued to an engineering registrant 42 of another state, the registrant shall use his state of registration seal 43 and shall affix his signature to all his work performed in this state 44 under the terms of the temporary permit. 45 (f) The design of the seal shall be as determined by the board.; however,46the following minimum information shall be on the seal:47The words "State of Idaho"48The registrant's name49The registrant's registration number50The words "Professional Engineer"51or "Professional Land Surveyor"52 (4) The board shall issue to any applicant who, in the opinion of the 53 board, has met the requirements of this chapter, an enrollment certificate or 54 card as an engineer-in-training or land surveyor-in-training, which indicates 55 that his name has been recorded as such in the board office. The engineer-in- 10 1 training or land surveyor-in-training enrollment card does not authorize the 2 holder to practice as a professional engineer or a professional land surveyor. 3 SECTION 11. That Section 54-1216, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-1216. EXPIRATIONS AND RENEWALS -- FEES. Following issuance or renewal 6 of certificates of registration for professional engineers and land surveyors, 7 expiration shall be on the last day of the month during which the registrant 8 was born, in even-numbered state of Idaho fiscal years for those born in even- 9 numbered calendar years and in odd-numbered state of Idaho fiscal years for 10 those born in odd-numbered calendar years, and shall become invalid on that 11 date unless renewed. During the first year of biennial renewals, those persons 12 born in odd-numbered calendar years shall be invoiced for two (2) years of 13 renewal and those persons born in even-numbered calendar years shall be 14 invoiced for one (1) year of renewal. Certificates of authorization for corpo- 15 rations shall expire on the last day of the month of July following issuance 16 or renewal and shall become invalid on that date unless renewed. It shall be 17 the duty of the board to notify every person registered and every corporation 18 certified under this chapter, of the date of the expiration of said certifi- 19 cate of registration or certificate of authorization and the amount of the fee 20 that shall be required for its renewal. Such notice shall be mailed to the 21 last known address of the registrant or corporation at least one (1) month in 22 advance of the date of the expiration of said certificate or authorization. 23 Renewal may be effected at any time in the appropriate year during the month 24 in which the registrant was born or during the month of July in the case of 25 corporations, by the payment of a renewal fee to be fixed by the board at not 26less than three dollars ($3.00) normore thanseventy-fiveone hundred fifty 27 dollars ($715.00). The failure on the part of any registrant or certificate 28 holder to renew his or its certificateannuallybiennially in the month in 29 which they were born or in the month of July in the case of corporations, as 30 required above shall not deprive such person or corporation of the right of 31 renewal, but the fee to be paid for the renewal of a certificate after the 32 month in which it is due shall be increased twenty percent (20%) for each 33 month or fraction of a month that payment of renewal is delayed; provided, 34 however, that the maximum fee for delayed renewal shall not exceed twice the 35 renewal fee for eachyearbiennium delinquent, but in no event more thanone36 three hundredfiftydollars ($15300). Any work performed after a registration 37 or certificate of authorization has expired, but before delayed renewal has 38 been effected, shall become valid upon delayed renewal as if the registration 39 or certificate of authorization had not expired, but the registrant or certif- 40 icate holder shall be subject to disciplinary action by the board for practice 41 on an expired license or such other action as provided pursuant to this chap- 42 ter. 43 Following issuance or renewal of certificates of enrollment for engineers- 44 in-training and land surveyors-in-training, expiration shall be on the last 45 day of the month during which the certificate holder was born, in even-num- 46 bered state of Idaho fiscal years for those born in even-numbered calendar 47 years and in odd-numbered state of Idaho fiscal years for those born in odd- 48 numbered calendar years. During the first year of biennial renewals, those 49 persons born in odd-numbered calendar years shall be invoiced for two (2) 50 years of renewal and those persons born in even-numbered calendar years shall 51 be invoiced for one (1) year of renewal. The notification to holders of cer- 52 tificates of enrollment shall be processed as prescribed above for registrants 53 except that theannualbiennial renewal fee shall not beless than two dollars11 1($2.00) normore thanfifteenthirty dollars ($1530.00). The failure on the 2 part of any holder of a certificate of enrollment to effect renewal shall not 3 invalidate his status as an engineer-in-training or land surveyor-in-training, 4 but his name shall, after ninety (90) days, be removed from the board's cur- 5 rent mailing list. 6 SECTION 12. That Section 54-1220, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Anypersonaffected party 9 may prefer charges of fraud, deceit, gross negligence, incompetence, miscon- 10 duct or violation of the rules of professional responsibility for professional 11 engineers, professional land surveyors and corporations with certificate of 12 authorization against any individual registrant or against any corporation 13 holding a certificate of authorization or against a person applying for a cer- 14 tificate of authorization. Repeated acts of negligence may be considered as a 15 gross act for disciplinary action. Such charges shall be in writing, and shall 16 be sworn to by the person or persons making them and shall be filed with the 17 executivesecretarydirector of the board. The executivesecretarydirector of 18 the board may be the person making and filing the charges. 19 (2) All charges, unless dismissed by the board as unfounded or trivial, 20 shall be heard by the board within six (6) months after the date they were 21 received at the board office unless such time is extended by the board for 22 justifiable cause. 23 (3) The time and place for said hearing shall be fixed by the board and a 24 copy of the charges, together with a notice of the time and place of hearing, 25 shall be personally served on or mailed to the last known address of such 26 individual registrant or corporation holding a certificate of authorization at 27 least thirty (30) days before the date fixed for the hearing. The proceedings 28 shall be governed by the provisions of chapter 52, title 67, Idaho Code. 29 (4) If, after such hearing, the board votes in favor of sustaining the 30 charges, the board may, in its discretion, impose an administrative penalty, 31 not to exceed two thousand dollars ($2,000) for deposit in the general account 32 of the state of Idaho. In addition, the board, in its discretion, may admon- 33 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com- 34 bination thereof, the individual's certificate of registration or a 35 corporation's certificate of authorization. The board may also, in its discre- 36 tion, require the individual to practice under the supervision of another 37 licensee, or require the individual to successfully complete continuing educa- 38 tion courses as may be prescribed by the board. 39 (5) The board shall have jurisdiction over registrants whose licenses are 40 not current provided the action relates to services performed when the license 41 was current and valid. 42 SECTION 13. That Section 54-1222, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-1222. VIOLATIONS AND PENALTIES -- PROSECUTION OF OFFENSES. Any person 45 who shall practice, or offer to practice, professional engineering or profes- 46 sional land surveying in this state without being registered in accordance 47 with the provisions of thisactchapter, or any person presenting or attempt- 48 ing to use as his own the certificate of registration or the seal of another, 49 or any person who shall give any false or forged evidence of any kind to the 50 board or to any member thereof in obtaining a certificate of registration, or 51 any person who shall falsely impersonate any other registrant of like or dif- 12 1 ferent name, or any person who shall attempt to use an expired or revoked cer- 2 tificate of registration or practice at any time during a period the board has 3 suspended or revoked his certificate of registration, or any person who shall 4 violate any of the provisions of thisactchapter, shall be guilty of a misde- 5 meanor. 6 Legal counsel selected by the board, or the attorney general of this state 7 or anyone designated by him may act as legal advisor of the board. It shall be 8 the duty of the attorney general of this state to enforce the provisions of 9 thisactchapter and to prosecute any person violating the same. The attorney 10 general shall be reimbursed by the board for any fees and expenses incurred by 11 the attorney general in representing the board. 12 SECTION 14. That Section 54-1223, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-1223. SAVING CLAUSE -- EXEMPTIONS. A. This chapter shall not be con- 15 strued to affect: 16 (1) The practice of any other profession or trade for which a license is 17 required under any law of this state or the United States. 18 (2) The work of an employee or a subordinate of a person holding a cer- 19 tificate of registration under this chapter, or an employee of a person 20 practicing lawfully under a temporary permit issued as provided in this 21 chapter, provided such work does not include final engineering design or 22 land surveying decisions and is done under the direct responsibility, 23 checking, and supervision of, and verified by, a person holding a certifi- 24 cate of registration under this chapter.or a person practicing lawfully25under a temporary permit issued as provided in this chapter.26 (3) Any individual teaching upper division engineering subjects that are 27 classified as engineering design for any college or university in this 28 state as of July 1, 1988, and any such individual employed after July 1, 29 1988, for a period of three (3) years from the date of employment with any 30 college or university in this state. 31 (4) An individual doing surveying work for himself, or through a firm, 32 partnership or corporation, on property owned or leased by the individual, 33 firm, partnership or corporation, or in which the individual, firm, part- 34 nership or corporation has an interest, estate or possessory right and 35 which affects exclusively the property or interests of the individual, 36 firm, partnership or corporation; provided, that all land surveying maps, 37 plats or plans filed with any county recorder's office in the state of 38 Idaho for the purpose of illustrating or defining boundaries of property 39 ownership, shall be made and certified by a registered, professional land 40 surveyor as provided in this chapter. 41 (5) An individual doing survey work for himself, or through a firm, part- 42 nership or corporation with respect to the location, amendment, or reloca- 43 tion of a mining claim. 44 (6) The practice of engineering by employees of a corporation or a com- 45 pany as long as the services provided by them are for internal corporate 46 or company use only. 47 B. The board, at its discretion, may exempt an exceptional individual who 48 has twenty-five (25) or more years of appropriate experience in engineering 49 from the requirement for satisfactory completion of an examination in the fun- 50 damentals of engineering. 51 C. In addition to, and notwithstanding other provisions of this chapter, 52 in circumstances of emergency creating conditions of imminent and substantial 53 danger to the public health, safety or environment through the provision of 13 1 engineering services, the prosecuting attorney or the attorney general may 2 institute a civil action for an immediate injunction to halt the provision of 3 engineering services. 4 SECTION 15. That Section 54-1224, Idaho Code, be, and the same is hereby 5 repealed. 6 SECTION 16. That Section 54-1226, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-1226. SEPARABILITY. If any provision of thisactchapter or the appli- 9 cation thereof to any person or circumstances is held invalid, such invalidity 10 shall not affect other provisions or applications of theactchapter, which 11 can be given effect without the invalid provision or application, and to this 12 end the provisions of thisactchapter are declared to be severable. 13 SECTION 17. That Section 54-1229, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-1229. LEGAL SURVEY OF LAND. No survey of land, or plat or subdivision 16 shall be legal unless made by or under the responsible charge of a profes- 17 sional land surveyor. 18 All land surveys made under the authority of the state, or of anycounty,19town, city or village withinpolitical subdivision of the state, must be per- 20 formed by a professional land surveyor. 21 SECTION 18. This act shall be in full force and effect on and after July 22 1, 2000.
STATEMENT OF PURPOSE
RS09323
The purpose of this legislation is to correct nomenclature; to
amend the definition of a consulting engineer; to eliminate the
biennial publication of a roster and provide for maintaining same
in an electronic format; to clarify the requirements for assignment
to examinations; to increase the allowable administrative fee for
applications and to eliminate a separate fee for certificates; to
provide for biennial renewal of individual licenses; to limit the
filing of charges to affected parties; to eliminate the issuance of
temporary permits for the practice of professional engineering; and
to allow the Board to extend the time during which it can hear a
complaint.
FISCAL IMPACT
This bill will eliminate a revenue stream of approximately $5000
for certificate fees and substitute an increased administrative fee
which will include what was formerly invoiced separately. Half the
license holders will renew for one year and half will renew for two
years in the first year of biennial renewals, a switch from the
current annual renewals. This will result in a one-time increase
in the free fund cash balance of the agency of approximately
$125,000. Elimination of the revenue stream from Temporary Permits
should be offset by an increase in the number of applicants for
regular licenses.
CONTACT
Name: David L. Curtis, P.E., Executive Secretary
Agency: Bd. of Registration of Prof. Engineers & Prof. Land Surveyors
Phone: 334-3860
Statement of Purpose/Fiscal Impact H0390