1999 Legislation
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HOUSE BILL NO. 65 – Engineers/land surveyors, prof dvlp


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Daily Data Tracking History

H0065........................................................by MR. SPEAKER
               Requested by Board of Professional Engineers
                        Professional Land Surveyors
that the Board of Professional Engineers and Land Surveyors adopt rules
governing continuing professional development and to strike obsolete

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 65

                                      BY MR. SPEAKER
       Requested by: Board of Professional Engineers & Professional Land Surveyors

 1                                        AN ACT

 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


 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,
45    1999,  applicants  shall  be  entitled to apply for licensure or certification
46    under the provisions of section 54-1212, Idaho Code, which are  in  effect  on
47    June 30, 1996.
48        D.    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 / Fiscal Impact

                      STATEMENT  OF  PURPOSE
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.

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