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H0024aa......................................................by MR. SPEAKER
Requested by: Board of Professional Engineers and
Professional Land Surveyors
ENGINEERS AND LAND SURVEYORS BOARD - Amends existing law to require
registration of persons practicing or offering to practice professional
engineering or professional land surveying for a project physically located
in Idaho; to revise definitions; to provide references to business
entities; to provide that certain documents shall be marked as
"preliminary," "draft" or "not for construction"; to delete requirements
relating to temporary permits issued to engineering registrants of other
states; to delete references to biennial renewals; to allow parties to
bring certain charges based upon violations of law or rules; to delete
reference to employees of persons practicing under temporary permits; to
prohibit the Secretary of State from accepting certain filings from any
person unless the Board of Professional Engineers and Land Surveyors has
issued a letter indicating the person has a licensed professional in charge
of the sole proprietorship or business entity; and to preclude a business
entity from filing organizational papers with the Secretary of State unless
a certificate of authorization has been issued or the board has waived the
requirement.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/08 Rpt out - to Gen Ord
02/14 Rpt out amen - to engros
02/15 Rpt engros - 1st rdg - to 2nd rdg as amen
02/16 2nd rdg - to 3rd rdg as amen
02/20 3rd rdg as amen - PASSED - 54-10-6
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Chase, Clark, Collins, Cuddy, Deal, Denney,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz,
Langford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen,
Moss, Pomeroy, Raybould, Robison, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stone, Swan, Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Crow, Ellis, Harwood, Lake, McKague Moyle, Pearce,
Sali, Wood
Absent and excused -- Campbell, Hornbeck, Pischner, Ridinger,
Roberts, Stevenson
Floor Sponsor -- Stone
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - FAILED - 14-21-0
Moved to reconsider
PASSED - 20-14-1
AYES--Andreason, Brandt, Bunderson, Darrington, Davis, Dunklin,
Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Risch, Sandy,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS--Boatright, Branch, Burtenshaw, Cameron, Deide, Frasure, Geddes,
Hawkins, Lodge, Noh, Richardson, Schroeder, Sims, Williams
Absent and excused -- Danielson
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/22 To enrol - rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
03/28 Governor signed
Session Law Chapter 247
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 24 BY MR. SPEAKER Requested by: Board of Professional Engineers and Professional Land Surveyors 1 AN ACT 2 RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS; AMENDING 3 SECTION 54-1201, IDAHO CODE, TO REQUIRE REGISTRATION OF PERSONS PRACTICING 4 OR OFFERING TO PRACTICE PROFESSIONAL ENGINEERING OR PROFESSIONAL LAND SUR- 5 VEYING FOR A PROJECT PHYSICALLY LOCATED IN IDAHO; AMENDING SECTION 6 54-1202, IDAHO CODE, TO REVISE A DEFINITION AND TO PROVIDE A DEFINITION 7 FOR "BUSINESS ENTITY"; AMENDING SECTION 54-1208, IDAHO CODE, TO PROVIDE 8 REFERENCE TO BUSINESS ENTITIES; AMENDING SECTION 54-1213, IDAHO CODE, TO 9 PROVIDE REFERENCE TO BUSINESS ENTITIES; AMENDING SECTION 54-1215, IDAHO 10 CODE, TO PROVIDE THAT CERTAIN DOCUMENTS SHALL BE MARKED AS "PRELIMINARY," 11 "DRAFT" OR "NOT FOR CONSTRUCTION," TO PROVIDE REFERENCE TO BUSINESS ENTITY 12 AND TO DELETE REQUIREMENTS RELATING TO TEMPORARY PERMITS ISSUED TO ENGI- 13 NEERING REGISTRANTS OF OTHER STATES; AMENDING SECTION 54-1216, IDAHO CODE, 14 TO DELETE REFERENCES TO BIENNIAL RENEWALS AND TO PROVIDE REFERENCES TO 15 BUSINESS ENTITIES; AMENDING SECTION 54-1220, IDAHO CODE, TO ALLOW PARTIES 16 TO BRING CERTAIN CHARGES BASED ON VIOLATIONS OF CHAPTER PROVISIONS OR 17 BOARD RULES AND TO PROVIDE REFERENCES TO BUSINESS ENTITIES; AMENDING SEC- 18 TION 54-1221, IDAHO CODE, TO PROVIDE REFERENCE TO A BUSINESS ENTITY; 19 AMENDING SECTION 54-1223, IDAHO CODE, TO DELETE REFERENCE TO EMPLOYEES OF 20 PERSONS PRACTICING UNDER TEMPORARY PERMITS AND TO PROVIDE REFERENCES TO 21 BUSINESS ENTITIES; AND AMENDING SECTION 54-1235, IDAHO CODE, TO PROVIDE 22 REFERENCES TO BUSINESS ENTITIES AND TO PRECLUDE A BUSINESS ENTITY FROM 23 FILING ORGANIZATIONAL PAPERS WITH THE SECRETARY OF STATE UNLESS A CERTIFI- 24 CATE OF AUTHORIZATION HAS BEEN ISSUED OR THE BOARD HAS WAIVED THE REQUIRE- 25 MENT. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 54-1201, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-1201. DECLARATION OF POLICY. To safeguard life, health and property, 30 every person practicing or offering to practice professional engineering or 31 professional land surveying, as herein defined, for any project physically 32 located in this state, shall submit evidence of his qualifications and be reg- 33 istered as hereinafter provided; and it shall be unlawful for any person to 34 practice or offer to practice professional engineering or professional land 35 surveying for any project physically located in this state, or to use in con- 36 nection with his name or otherwise assume, use or advertise any title or 37 description tending to convey the impression that he is a registered or 38 licensed professional engineer or professional land surveyor, unless such per- 39 son has been duly registered or is exempted under the provisions of this chap- 40 ter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be 41 allowed to practice professional engineering as defined in this chapter only 42 when he has become duly registered or licensed as a professional engineer by 43 the board under this chapter. The practice of professional engineering or pro- 2 1 fessional land surveying shall be deemed a privilege granted by the Idaho 2 board of registration of professional engineers and professional land sur- 3 veyors through the board, based on qualifications of the individuals as evi- 4 denced by the person's certificate of registration, which shall not be trans- 5 ferable. 6 SECTION 2. That Section 54-1202, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-1202. DEFINITIONS. As used in this chapter, unless the context or sub- 9 ject matter requires otherwise: 10 (a) Engineer. The term "engineer" means a person who is qualified to 11 practice engineering by reason of his special knowledge and use of mathemati- 12 cal, physical and engineering sciences, and the principles and methods of 13 engineering analysis and design, acquired by professional education and engi- 14 neering experience. 15 (b) Professional Engineer. The term "professional engineer" means a per- 16 son who has been duly registered or licensed as a professional engineer by the 17 board under this chapter. 18 (c) Professional Engineering and Practice of Professional Engineering. 19 The terms "professional engineering" and "practice of professional engineer- 20 ing" mean any service or creative work offered to or performed for the public 21 for any project physically located in this state, such as consultation, inves- 22 tigation, evaluation, planning, designing, teaching upper division engineering 23 design subjects, and responsible charge of observation of construction in con- 24 nection with any public or private utilities, structures, buildings, machines, 25 equipment, processes, works, or projects, wherein the public welfare or the 26 safeguarding of life, health, or property is concerned or involved, when such 27 service requires the application of engineering principles and data. A person 28 shall be construed to practice or offer to practice professional engineering 29 within the meaning and intent of this chapter who practices or offers to prac- 30 tice any of the branches of the profession of engineering for the public for 31 any project physically located in this state or who, by verbal claim, sign, 32 advertisement, letterhead, card, or in any other way represents himself to be 33 a professional engineer or through the use of some other title implies that he 34 is a professional engineer or that he is registered under this chapter, or 35 holds himself out as able to perform or who does perform for the public for 36 any project physically located in this state any engineering service or work 37 or any other service designated by the practitioner which is the practice of 38 professional engineering. 39 (d) Consulting Engineer. The term "consulting engineer" means a profes- 40 sional engineer whose principal occupation is the independent practice of pro- 41 fessional engineering; whose livelihood is obtained by offering engineering 42 services to the public; who is devoid of public, commercial and product affil- 43 iation that might tend to infer a conflict of interest; and who is cognizant 44 of his public and legal responsibilities, and is capable of discharging them. 45 (e) Professional Land Surveyor. The term "professional land surveyor" 46 means a person who is qualified by reason of his knowledge of the principles 47 of land surveying acquired by education and practical experience to engage in 48 the practice of professional land surveying and who has been duly registered 49 or licensed as a professional land surveyor by the board under this chapter. 50 (f) Professional Land Surveying and Practice of Professional Land Survey- 51 ing. The terms "land surveying" and "professional land surveying" mean respon- 52 sible charge of surveying of land to determine the correct boundary descrip- 53 tion, to convey, to establish or reestablish land boundaries, or to plat lands 3 1 and subdivisions thereof. Any person shall be construed to practice or offer 2 to practice professional land surveying who engages in professional land sur- 3 veying, or who, by verbal claim, sign, advertisement, letterhead, card, or in 4 any other way represents himself to be a professional land surveyor, or who 5 represents himself as able to perform or who does perform any professional 6 land surveying service or work or any other service designated by the practi- 7 tioner which is professional land surveying. 8 (g) Board. The term "board" means the Idaho board of registration of pro- 9 fessional engineers and professional land surveyors, hereinafter provided by 10 this chapter. 11 (h) Responsible Charge. The term "responsible charge" means the control 12 and direction of the investigation, studies, design, construction or operation 13 of engineering work, or the control and direction of record research, field 14 retracement, office calculations, boundary determination and mapping of land 15 surveying work, requiring initiative, professional skill and independent judg- 16 ment. 17 (i) Engineer-in-Training. The term "engineer-in-training" means a person 18 who has qualified for, taken and passed an examination in the fundamentals of 19 engineering subjects as provided in this chapter. 20 (j) Land Surveyor-in-Training. The term "land surveyor-in-training" means 21 a person who has qualified for, taken and passed an examination in the funda- 22 mentals of land surveying subjects as provided in this chapter. 23 (k) Rules of Professional Responsibility. The term "rules of professional 24 responsibility" means those rules, if any, promulgated by the board, as autho- 25 rized by the Idaho Code. 26 (l) Public. The term "public" means any person, firm, corporation, part- 27 nership, company, government agency, institution or any other entity recog- 28 nized by law. 29 (m) Business Entity. The term "business entity" means a corporation, pro- 30 fessional corporation, limited liability company, professional limited liabil- 31 ity company, general partnership, limited partnership, limited liability part- 32 nership, professional limited liability partnership or any other form of busi- 33 ness except a sole proprietorship. 34 SECTION 3. That Section 54-1208, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt and 37 amend all bylaws, rules of professional responsibility, rules of continuing 38 professional development for professional land surveyors not to exceed sixteen 39 (16) hours annually, and rules of procedure, not inconsistent with the con- 40 stitution and laws of this state, which may be reasonably necessary for the 41 proper performance of its duties and the administration of the chapter and the 42 regulation of proceedings before the board. These actions by the board shall 43 be binding upon persons registered under this chapter and shall be applicable 44 tocorporationsbusiness entities holding a certificate of authorization as 45 provided in section 54-1235, Idaho Code. It shall adopt and have an official 46 seal which shall be affixed to each certificate issued. It shall have power to 47 provide an office, office equipment and facilities and such books and records 48 as may be reasonably necessary for the proper performance of its duties. 49 (2) In carrying into effect the provisions of this chapter, the board may 50 subpoena witnesses and compel their attendance, and also may require the sub- 51 mission of books, papers, documents, or other pertinent data in any disciplin- 52 ary matters or in any case wherever a violation of this chapter is alleged. 53 Upon failure or refusal to comply with any such order of the board, or upon 4 1 failure to honor its subpoena as herein provided, the board may apply to any 2 court of any jurisdiction to enforce compliance with same. 3 (3) The board is hereby authorized in the name of the state to apply for 4 relief by injunction in the established manner provided in cases of civil pro- 5 cedure, without bond, to enforce the provisions of this chapter or to restrain 6 any violation thereof. Venue for all such actions shall be in the district 7 court of the fourth judicial district, Ada county, Idaho. 8 (4) The board may subject an applicant for registration to such examina- 9 tion as it deems necessary to determine qualifications. 10 (5) Any action, claim or demand to recover money damages from the board 11 or its employees which any person is legally entitled to recover as compensa- 12 tion for the negligent or otherwise wrongful act or omission of the board or 13 its employees, when acting within the course and scope of their employment, 14 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 15 Code. For purposes of this section, the term "employees" shall include, in 16 addition to those persons listed in section 6-902(4), Idaho Code, special 17 assignment members and other independent contractors while acting within the 18 course and scope of their board related work. 19 (6) The board may recommend arbitration of disputes between professional 20 engineers or disputes between professional land surveyors. 21 SECTION 4. That Section 54-1213, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-1213. APPLICATIONS AND REGISTRATION FEES. Applications for registra- 24 tion as a professional engineer or professional land surveyor, or certifica- 25 tion as an engineer-in-training or land surveyor-in-training, shall be on 26 forms prescribed and furnished by the board. The application shall be made 27 under oath, and shall show the applicant's education and a detailed summary of 28 his technical and engineering or land surveying experience. An applicant for 29 registration as a professional engineer or professional land surveyor shall 30 furnish not less than five (5) references, of whom three (3) or more should 31 be registered professional engineers or professional land surveyors, as appli- 32 cable, having personal knowledge of the applicant's engineering or land sur- 33 veying experience. An applicant for certification as an engineer-in-training 34 or land surveyor-in-training shall furnish not less than three (3) references 35 of whom at least one (1) should be a registered professional engineer or pro- 36 fessional land surveyor, as applicable, having personal knowledge of the 37 applicant's engineering or land surveying experience. Applications for certif- 38 icates of authorization shall be made in accordance with section 54-1235, 39 Idaho Code. 40 The maximum application fee for professional engineers or professional 41 land surveyors seeking to be licensed by an eight (8) hour or longer examina- 42 tion shall be an amount equal to the amount charged the board by the entity 43 preparing the examination, plus an administrative fee not to exceed one hun- 44 dred dollars ($100). The total application fee shall accompany the applica- 45 tion. 46 The maximum application fee for an applicant who seeks a certificate as an 47 engineer-in-training or land surveyor-in-training shall be an amount equal to 48 the amount charged the board by the entity preparing the examination, plus an 49 administrative fee not to exceed fifty dollars ($50.00). The application fee 50 shall accompany the application. 51 The maximum application fee forcorporationsbusiness entities seeking a 52 certificate of authorization shall be two hundred dollars ($200). The applica- 53 tion fee shall accompany the application. 5 1 Separate application fees shall accompany all applications for each of the 2 four (4) classes of examinations: professional land surveyor, engineer-in- 3 training, land surveyor-in-training and professional engineer. 4 The amount of the registration fee or certificate fee shall be fixed by 5 the board prior to June 30th of any year and shall continue in force until 6 changed. 7 Should the board deny the issuance of a certificate of registration or 8 authorization to any applicant, the fee deposited shall be retained as an 9 application fee. 10 SECTION 5. That Section 54-1215, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate 13 of registration upon payment of the registration fee as provided for in this 14 chapter to any applicant who, in the opinion of the board, has satisfactorily 15 met all of the requirements of this chapter, and an enrollment certificate 16 shall be issued to those who qualify as engineers-in-training and land 17 surveyors-in-training. In the case of a registered professional engineer, the 18 certificate shall authorize the practice of "professional engineering," and in 19 the case of a registered professional land surveyor the certificate shall 20 authorize the practice of "professional land surveying." Certificates of reg- 21 istration shall show the full name of the registrant, shall give a serial reg- 22 istration number, and shall be signed by the chairman and the secretary of the 23 board under seal of the board. 24 (2) The issuance of a certificate of registration by the board shall be 25 prima facie evidence that the person named therein is entitled to all the 26 rights, privileges and responsibilities of a registered professional engineer 27 or of a registered professional land surveyor, provided that said certificate 28 of registration has not expired or has not been suspended or revoked. 29 (3) Each registrant hereunder shall, upon registration, obtain a seal, 30 the use and design of which are described below. It shall be unlawful for any 31 person to affix or to permit his seal and signature to be affixed to any docu- 32 ments after the certificate of the registrant named thereon has expired or has 33 been suspended or revoked, unless said certificate shall have been renewed, 34 reinstated, or reissued, or for the purpose of aiding or abetting any other 35 person to evade or attempt to evade any portion of this chapter. 36 (a) The seal may be a rubber stamp, crimp or electronically generated 37 image. Whenever the seal is applied, the registrant's written signature 38 and date shall be adjacent to or across the seal. No further words or 39 wording is required. A facsimile signature generated by any method will 40 not be acceptable. 41 (b) The seal, signature and date shall be placed on all final specifica- 42 tions, land surveys, reports, plats, drawings, plans, design information 43 and calculations, whenever presented to a client or any public or govern- 44 mental agency. Any such document presented to a client or public or gov- 45 ernmental agency that is not final and does not contain a seal, signature 46 and date shall be clearly marked as "preliminary," "draft," "not for con- 47 struction" or with similar words to distinguish the document from a final 48 document. 49 (c) The seal, signature and date shall be placed on all original docu- 50 ments. The application of the registrant's seal, signature and date shall 51 constitute certification that the work thereon was done by him or under 52 his responsible charge. Each plan or drawing sheet shall be sealed and 53 signed by the registrant or registrants responsible for each sheet. In the 6 1 case of afirm, partnership or corporationbusiness entity, each plan or 2 drawing sheet shall be sealed and signed by the registrant or registrants 3 involved. The principal in responsible charge shall sign and seal the 4 title or first sheet. Copies of electronically produced documents, listed 5 in paragraph (b) of this subsection, distributed for informational uses 6 such as for bidding purposes or working copies, may be issued with the 7 registrant's seal and a notice that the original document is on file with 8 the registrant's signature and date. The words "Original Signed By:" and 9 "Date Original Signed:" shall be placed adjacent to or across the seal on 10 the electronic original. The storage location of the original document 11 shall also be provided. Only the title page of reports, specifications and 12 like documents need bear the seal, signature and date of the registrant. 13 (d) The seal and signature shall be used by registrants only when the 14 work being stamped was under the registrant's responsible charge. 15 (e)In the case of a temporary permit issued to an engineering registrant16of another state, the registrant shall use his state of registration seal17and shall affix his signature to all his work performed in this state18under the terms of the temporary permit.19(f)The design of the seal shall be as determined by the board. 20 (4) The board shall issue to any applicant who, in the opinion of the 21 board, has met the requirements of this chapter, an enrollment certificate or 22 card as an engineer-in-training or land surveyor-in-training, which indicates 23 that his name has been recorded as such in the board office. The engineer-in- 24 training or land surveyor-in-training enrollment card does not authorize the 25 holder to practice as a professional engineer or a professional land surveyor. 26 SECTION 6. That Section 54-1216, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-1216. EXPIRATIONS AND RENEWALS -- FEES. Following issuance or renewal 29 of certificates of registration for professional engineers and land surveyors, 30 expiration shall be on the last day of the month during which the registrant 31 was born, in even-numbered state of Idaho fiscal years for those born in even- 32 numbered calendar years and in odd-numbered state of Idaho fiscal years for 33 those born in odd-numbered calendar years, and shall become invalid on that 34 date unless renewed.During the first year of biennial renewals, those persons35born in odd-numbered calendar years shall be invoiced for two (2) years of36renewal and those persons born in even-numbered calendar years shall be37invoiced for one (1) year of renewal.Certificates of authorization forcorpo-38rationsbusiness entities shall expire on the last day of the month of July 39 following issuance or renewal and shall become invalid on that date unless 40 renewed. It shall be the duty of the board to notify every person registered 41 and everycorporationbusiness entity certified under this chapter, of the 42 date of the expiration of said certificate of registration or certificate of 43 authorization and the amount of the fee that shall be required for its 44 renewal. Such notice shall be mailed to the last known address of the regis- 45 trant orcorporationbusiness entity at least one (1) month in advance of the 46 date of the expiration of said certificate or authorization. Renewal may be 47 effected at any time in the appropriate year during the month in which the 48 registrant was born or during the month of July in the case ofcorporations49 business entities, by the payment of a renewal fee to be fixed by the board at 50 not more than one hundred fifty dollars ($150). The failure on the part of any 51 registrant or certificate holder to renew his or its certificate biennially in 52 the month in which they were born or in the month of July in the case ofcor-53porationsbusiness entities, as required above shall not deprive such person 7 1 orcorporationbusiness entity of the right of renewal, but the fee to be paid 2 for the renewal of a certificate after the month in which it is due shall be 3 increased twenty percent (20%) for each month or fraction of a month that pay- 4 ment of renewal is delayed; provided, however, that the maximum fee for 5 delayed renewal shall not exceed twice the renewal fee for each biennium 6 delinquent, but in no event more than three hundred dollars ($300). Any work 7 performed after a registration or certificate of authorization has expired, 8 but before delayed renewal has been effected, shall become valid upon delayed 9 renewal as if the registration or certificate of authorization had not 10 expired, but the registrant or certificate holder shall be subject to disci- 11 plinary action by the board for practice on an expired license or such other 12 action as provided pursuant to this chapter. 13 Following issuance or renewal of certificates of enrollment for engineers- 14 in-training and land surveyors-in-training, expiration shall be on the last 15 day of the month during which the certificate holder was born, in even-num- 16 bered state of Idaho fiscal years for those born in even-numbered calendar 17 years and in odd-numbered state of Idaho fiscal years for those born in odd- 18 numbered calendar years.During the first year of biennial renewals, those19persons born in odd-numbered calendar years shall be invoiced for two (2)20years of renewal and those persons born in even-numbered calendar years shall21be invoiced for one (1) year of renewal.The notification to holders of cer- 22 tificates of enrollment shall be processed as prescribed above for registrants 23 except that the biennial renewal fee shall not be more than thirty dollars 24 ($30.00). The failure on the part of any holder of a certificate of enrollment 25 to effect renewal shall not invalidate his status as an engineer-in-training 26 or land surveyor-in-training, but his name shall, after ninety (90) days, be 27 removed from the board's current mailing list. 28 SECTION 7. That Section 54-1220, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any affected party may 31 prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or 32 violation of any provision of this chapter, or violation of any of the rules 33of professional responsibility for professional engineers, professional land34surveyors and corporations with certificate of authorizationpromulgated by 35 the board against any individual registrant or against anycorporationbusi- 36 ness entity holding a certificate of authorization or against a person apply- 37 ing for a certificate of authorization. Repeated acts of negligence may be 38 considered as a gross act for disciplinary action. Such charges shall be in 39 writing, and shall be sworn to by the person or persons making them and shall 40 be filed with the executive director of the board. The executive director of 41 the board may be the person making and filing the charges. 42 (2) All charges, unless dismissed by the board as unfounded or trivial, 43 shall be heard by the board within six (6) months after the date they were 44 received at the board office unless such time is extended by the board for 45 justifiable cause. 46 (3) The time and place for said hearing shall be fixed by the board and a 47 copy of the charges, together with a notice of the time and place of hearing, 48 shall be personally served on or mailed to the last known address of such 49 individual registrant orcorporationbusiness entity holding a certificate of 50 authorization at least thirty (30) days before the date fixed for the hearing. 51 The proceedings shall be governed by the provisions of chapter 52, title 67, 52 Idaho Code. 53 (4) If, after such hearing, the board votes in favor of sustaining the 8 1 charges, the board may, in its discretion, impose an administrative penalty, 2 not to exceed two thousand dollars ($2,000) for deposit in the general account 3 of the state of Idaho. In addition, the board, in its discretion, may admon- 4 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com- 5 bination thereof, the individual's certificate of registration or a 6corporation'sbusiness entity's certificate of authorization. The board may 7 also, in its discretion, require the individual to practice under the supervi- 8 sion of another licensee, or require the individual to successfully complete 9 continuing education courses as may be prescribed by the board. 10 (5) The board shall have jurisdiction over registrants whose licenses are 11 not current provided the action relates to services performed when the license 12 was current and valid. 13 SECTION 8. That Section 54-1221, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-1221. REISSUANCE OF CERTIFICATES. The board, upon petition of an indi- 16 vidual or acorporationbusiness entity, may reissue or reinstate a certifi- 17 cate of registration or authorization, provided three (3) or more members of 18 the board vote in favor of such reissuance or reinstatement. A new certificate 19 of registration or certificate of authorization, to replace any certificate 20 revoked, lost, destroyed or mutilated, may be issued, subject to the rules of 21 the board, and upon payment of such reasonable charge therefor as shall be 22 fixed by the board to cover the estimated cost of investigation and such reis- 23 suance, but not exceeding ten dollars ($10.00) in any case. 24 SECTION 9. That Section 54-1223, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-1223. SAVING CLAUSE -- EXEMPTIONS. A. This chapter shall not be con- 27 strued to affect: 28 (1) The practice of any other profession or trade for which a license is 29 required under any law of this state or the United States. 30 (2) The work of an employee or a subordinate of a person holding a cer- 31 tificate of registration under this chapter,or an employee of a person32practicing lawfully under a temporary permit issued as provided in this33chapter,provided such work does not include final engineering design or 34 land surveying decisions and is done under the direct responsibility, 35 checking, and supervision of, and verified by, a person holding a certifi- 36 cate of registration under this chapter. 37 (3) Any individual teaching upper division engineering subjects that are 38 classified as engineering design for any college or university in this 39 state as of July 1, 1988, and any such individual employed after July 1, 40 1988, for a period of three (3) years from the date of employment with any 41 college or university in this state. 42 (4) An individual doing surveying work for himself, or through afirm,43partnership or corporationbusiness entity, on property owned or leased by 44 the individual, firm, partnershiporcorporationbusiness entity, or in 45 which the individual, firm, partnershiporcorporationbusiness entity has 46 an interest, estate or possessory right and which affects exclusively the 47 property or interests of the individual, firm, partnershiporcorporation48 business entity; provided, that all land surveying maps, plats or plans 49 filed with any county recorder's office in the state of Idaho for the pur- 50 pose of illustrating or defining boundaries of property ownership, shall 51 be made and certified by a registered, professional land surveyor as pro- 9 1 vided in this chapter. 2 (5) An individual doing survey work for himself, or through afirm, part-3nership or corporationbusiness entity with respect to the location, 4 amendment, or relocation of a mining claim. 5 (6) The practice of engineering by employees of acorporation or a com-6panybusiness entity as long as the services provided by them are for 7 internalcorporate or companybusiness entity use only. 8 B. The board, at its discretion, may exempt an exceptional individual who 9 has twenty-five (25) or more years of appropriate experience in engineering 10 from the requirement for satisfactory completion of an examination in the fun- 11 damentals of engineering. 12 C. In addition to, and notwithstanding other provisions of this chapter, 13 in circumstances of emergency creating conditions of imminent and substantial 14 danger to the public health, safety or environment through the provision of 15 engineering services, the prosecuting attorney or the attorney general may 16 institute a civil action for an immediate injunction to halt the provision of 17 engineering services. 18 SECTION 10. That Section 54-1235, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-1235. PRACTICE BYCORPORATIONSA BUSINESS ENTITY. (1) The practice of 21 or offer to practice professional engineering or professional land surveying, 22 as defined in this chapter, by professional engineers or professional land 23 surveyors, through acorporationbusiness entity, or by acorporationbusiness 24 entity through professional engineers or professional land surveyors, as 25 employees, or officers, is permitted subject to the provisions of this chap- 26 ter, provided that all personnel of suchcorporationbusiness entity, who act 27 in its behalf as professional engineers or professional land surveyors in this 28 state are registered as provided by this chapter, or are persons lawfully 29 practicing under the exemptions enumerated in this chapter, and further pro- 30 vided that saidcorporationbusiness entity, except utilities regulated by the 31 Idaho public utilities commission, has been issued a certificate of authoriza- 32 tion by the board as provided by this chapter. Nocorporationbusiness entity 33 shall be relieved of responsibility for the conduct or acts of its employees 34 or officers by reason of its compliance with the provisions of this chapter, 35 nor shall any individual practicing professional engineering or professional 36 land surveying as defined in this chapter, be relieved of responsibility for 37 engineering or land surveying services performed by reason of his employment 38 or relationship with suchcorporationbusiness entity. All final drawings, 39 specifications, plats, reports, or other engineering or land surveying papers 40 or documents involving the practice of professional engineering or profes- 41 sional land surveying as defined in this chapter, which shall have been pre- 42 pared or approved for the use of or for delivery to any person or for public 43 record within this state shall be dated and bear the signature and seal of the 44 professional engineer or professional land surveyor who prepared or approved 45 them. 46 (2) Acorporationbusiness entity organized pursuant to this section may 47 provide or offer to provide allied professional services as defined in section 48 30-1303, Idaho Code, in connection with the providing of engineering or land 49 surveying services, by persons licensed in allied professions acting as 50 employees or officers, provided such persons are duly licensed or otherwise 51 legally authorized to render such allied professional services within this 52 state. 53 (3) Acorporationbusiness entity desiring a certificate of authorization 10 1 for engineering, for land surveying, or for both, shall file with the board a 2 description of the engineering or land surveying service to be offered or 3 practiced in the state, an application upon a form to be prescribed by the 4 board and the designation required by the following paragraph, accompanied by 5 the application fee. 6 (4) Suchcorporationbusiness entity shall file with the board a designa- 7 tion of an individual or individuals duly registered and certified to practice 8 professional engineering or professional land surveying in this state who 9 shall be in responsible charge of the practice of professional engineering or 10 land surveying, as applicable, by saidcorporationbusiness entity in this 11 state. In the event there shall be a change in the individual or individuals 12 in responsible charge, such changes shall be designated in writing and filed 13 with the board within thirty (30) days after the effective date of such 14 change. 15 If all requirements of this chapter are met, the board shall issue to such 16corporationbusiness entity a certificate of authorization for professional 17 engineering, for land surveying, or for both; provided, however, the board may 18 refuse to issue a certificate if any facts exist which would entitle the board 19 to suspend or revoke an existing certificate. 20 A professional engineer or professional land surveyor who renders occa- 21 sional, part-time or consulting engineering or land surveying services to or 22 for afirmbusiness entity may not be designated as the person in responsible 23 charge for the professional activities of thefirmbusiness entity. 24 (5) The secretary of state shall notissue a certificate of incorporation25as a domestic corporation or a certificate of authority as a foreign corpora-26tion authorized to do business in this state to a firmaccept for filing the 27 organizational documents of an Idaho business entity, or authorize the trans- 28 action of business by any foreign business entity which includes, among 29 objects for which it is established or within its name, any of the words 30 "engineer," "engineering," "land surveyor," "land surveying," or any modifica- 31 tion or derivation thereof, unless the board shall have issued for said appli- 32 cant a certificate of authorization or a letter indicating the eligibility of 33 said applicant to receive such certificate. The board may notify the secretary 34 of state, in writing, that it waives any objection to the name or purpose of 35 any business entity if it is clearly not governed by chapter 12, title 54, 36 Idaho Code. Thefirmbusiness entity applying shallsupplyinclude such cer- 37 tificate or letter from the board withits application for incorporation or38registration withany filings submitted to the secretary of state.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Gagner
Seconded by Kellogg
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 24
1 AMENDMENT TO SECTION 10
2 On page 10 of the printed bill, in line 24, following "(5)" insert: "The
3 secretary of state shall not accept for filing from any person any assumed
4 business name which includes within its name any of the words "engineer,"
5 "engineering," "land surveyor," "land surveying," or any modification or deri-
6 vation thereof, unless the board shall have issued a letter indicating that
7 the person has a licensed professional in responsible charge of the profes-
8 sional activities of the sole proprietorship or business entity. The board may
9 notify the secretary of state, in writing, that it waives any objection to the
10 name if the person is clearly not governed by chapter 12, title 54, Idaho
11 Code.".
12 CORRECTION TO TITLE
13 On page 1, in line 21, following "CODE," insert: "TO PROHIBIT THE SECRE-
14 TARY OF STATE FROM ACCEPTING CERTAIN FILINGS FROM ANY PERSON UNLESS THE BOARD
15 OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS SHALL HAVE ISSUED A
16 LETTER INDICATING THAT PERSON HAS A LICENSED PROFESSIONAL IN RESPONSIBLE
17 CHARGE OF THE PROFESSIONAL ACTIVITIES OF THE SOLE PROPRIETORSHIP OR BUSINESS
18 ENTITY, TO PROVIDE THE BOARD MAY WAIVE ANY OBJECTION UNDER CERTAIN CIRCUM-
19 STANCES,".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 24, As Amended BY MR. SPEAKER Requested by: Board of Professional Engineers and Professional Land Surveyors 1 AN ACT 2 RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS; AMENDING 3 SECTION 54-1201, IDAHO CODE, TO REQUIRE REGISTRATION OF PERSONS PRACTICING 4 OR OFFERING TO PRACTICE PROFESSIONAL ENGINEERING OR PROFESSIONAL LAND SUR- 5 VEYING FOR A PROJECT PHYSICALLY LOCATED IN IDAHO; AMENDING SECTION 6 54-1202, IDAHO CODE, TO REVISE A DEFINITION AND TO PROVIDE A DEFINITION 7 FOR "BUSINESS ENTITY"; AMENDING SECTION 54-1208, IDAHO CODE, TO PROVIDE 8 REFERENCE TO BUSINESS ENTITIES; AMENDING SECTION 54-1213, IDAHO CODE, TO 9 PROVIDE REFERENCE TO BUSINESS ENTITIES; AMENDING SECTION 54-1215, IDAHO 10 CODE, TO PROVIDE THAT CERTAIN DOCUMENTS SHALL BE MARKED AS "PRELIMINARY," 11 "DRAFT" OR "NOT FOR CONSTRUCTION," TO PROVIDE REFERENCE TO BUSINESS ENTITY 12 AND TO DELETE REQUIREMENTS RELATING TO TEMPORARY PERMITS ISSUED TO ENGI- 13 NEERING REGISTRANTS OF OTHER STATES; AMENDING SECTION 54-1216, IDAHO CODE, 14 TO DELETE REFERENCES TO BIENNIAL RENEWALS AND TO PROVIDE REFERENCES TO 15 BUSINESS ENTITIES; AMENDING SECTION 54-1220, IDAHO CODE, TO ALLOW PARTIES 16 TO BRING CERTAIN CHARGES BASED ON VIOLATIONS OF CHAPTER PROVISIONS OR 17 BOARD RULES AND TO PROVIDE REFERENCES TO BUSINESS ENTITIES; AMENDING SEC- 18 TION 54-1221, IDAHO CODE, TO PROVIDE REFERENCE TO A BUSINESS ENTITY; 19 AMENDING SECTION 54-1223, IDAHO CODE, TO DELETE REFERENCE TO EMPLOYEES OF 20 PERSONS PRACTICING UNDER TEMPORARY PERMITS AND TO PROVIDE REFERENCES TO 21 BUSINESS ENTITIES; AND AMENDING SECTION 54-1235, IDAHO CODE, TO PROHIBIT 22 THE SECRETARY OF STATE FROM ACCEPTING CERTAIN FILINGS FROM ANY PERSON 23 UNLESS THE BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS 24 SHALL HAVE ISSUED A LETTER INDICATING THAT PERSON HAS A LICENSED PROFES- 25 SIONAL IN RESPONSIBLE CHARGE OF THE PROFESSIONAL ACTIVITIES OF THE SOLE 26 PROPRIETORSHIP OR BUSINESS ENTITY, TO PROVIDE THE BOARD MAY WAIVE ANY 27 OBJECTION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE REFERENCES TO BUSINESS 28 ENTITIES AND TO PRECLUDE A BUSINESS ENTITY FROM FILING ORGANIZATIONAL 29 PAPERS WITH THE SECRETARY OF STATE UNLESS A CERTIFICATE OF AUTHORIZATION 30 HAS BEEN ISSUED OR THE BOARD HAS WAIVED THE REQUIREMENT. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That Section 54-1201, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-1201. DECLARATION OF POLICY. To safeguard life, health and property, 35 every person practicing or offering to practice professional engineering or 36 professional land surveying, as herein defined, for any project physically 37 located in this state, shall submit evidence of his qualifications and be reg- 38 istered as hereinafter provided; and it shall be unlawful for any person to 39 practice or offer to practice professional engineering or professional land 40 surveying for any project physically located in this state, or to use in con- 41 nection with his name or otherwise assume, use or advertise any title or 42 description tending to convey the impression that he is a registered or 2 1 licensed professional engineer or professional land surveyor, unless such per- 2 son has been duly registered or is exempted under the provisions of this chap- 3 ter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be 4 allowed to practice professional engineering as defined in this chapter only 5 when he has become duly registered or licensed as a professional engineer by 6 the board under this chapter. The practice of professional engineering or pro- 7 fessional land surveying shall be deemed a privilege granted by the Idaho 8 board of registration of professional engineers and professional land sur- 9 veyors through the board, based on qualifications of the individuals as evi- 10 denced by the person's certificate of registration, which shall not be trans- 11 ferable. 12 SECTION 2. That Section 54-1202, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-1202. DEFINITIONS. As used in this chapter, unless the context or sub- 15 ject matter requires otherwise: 16 (a) Engineer. The term "engineer" means a person who is qualified to 17 practice engineering by reason of his special knowledge and use of mathemati- 18 cal, physical and engineering sciences, and the principles and methods of 19 engineering analysis and design, acquired by professional education and engi- 20 neering experience. 21 (b) Professional Engineer. The term "professional engineer" means a per- 22 son who has been duly registered or licensed as a professional engineer by the 23 board under this chapter. 24 (c) Professional Engineering and Practice of Professional Engineering. 25 The terms "professional engineering" and "practice of professional engineer- 26 ing" mean any service or creative work offered to or performed for the public 27 for any project physically located in this state, such as consultation, inves- 28 tigation, evaluation, planning, designing, teaching upper division engineering 29 design subjects, and responsible charge of observation of construction in con- 30 nection with any public or private utilities, structures, buildings, machines, 31 equipment, processes, works, or projects, wherein the public welfare or the 32 safeguarding of life, health, or property is concerned or involved, when such 33 service requires the application of engineering principles and data. A person 34 shall be construed to practice or offer to practice professional engineering 35 within the meaning and intent of this chapter who practices or offers to prac- 36 tice any of the branches of the profession of engineering for the public for 37 any project physically located in this state or who, by verbal claim, sign, 38 advertisement, letterhead, card, or in any other way represents himself to be 39 a professional engineer or through the use of some other title implies that he 40 is a professional engineer or that he is registered under this chapter, or 41 holds himself out as able to perform or who does perform for the public for 42 any project physically located in this state any engineering service or work 43 or any other service designated by the practitioner which is the practice of 44 professional engineering. 45 (d) Consulting Engineer. The term "consulting engineer" means a profes- 46 sional engineer whose principal occupation is the independent practice of pro- 47 fessional engineering; whose livelihood is obtained by offering engineering 48 services to the public; who is devoid of public, commercial and product affil- 49 iation that might tend to infer a conflict of interest; and who is cognizant 50 of his public and legal responsibilities, and is capable of discharging them. 51 (e) Professional Land Surveyor. The term "professional land surveyor" 52 means a person who is qualified by reason of his knowledge of the principles 53 of land surveying acquired by education and practical experience to engage in 3 1 the practice of professional land surveying and who has been duly registered 2 or licensed as a professional land surveyor by the board under this chapter. 3 (f) Professional Land Surveying and Practice of Professional Land Survey- 4 ing. The terms "land surveying" and "professional land surveying" mean respon- 5 sible charge of surveying of land to determine the correct boundary descrip- 6 tion, to convey, to establish or reestablish land boundaries, or to plat lands 7 and subdivisions thereof. Any person shall be construed to practice or offer 8 to practice professional land surveying who engages in professional land sur- 9 veying, or who, by verbal claim, sign, advertisement, letterhead, card, or in 10 any other way represents himself to be a professional land surveyor, or who 11 represents himself as able to perform or who does perform any professional 12 land surveying service or work or any other service designated by the practi- 13 tioner which is professional land surveying. 14 (g) Board. The term "board" means the Idaho board of registration of pro- 15 fessional engineers and professional land surveyors, hereinafter provided by 16 this chapter. 17 (h) Responsible Charge. The term "responsible charge" means the control 18 and direction of the investigation, studies, design, construction or operation 19 of engineering work, or the control and direction of record research, field 20 retracement, office calculations, boundary determination and mapping of land 21 surveying work, requiring initiative, professional skill and independent judg- 22 ment. 23 (i) Engineer-in-Training. The term "engineer-in-training" means a person 24 who has qualified for, taken and passed an examination in the fundamentals of 25 engineering subjects as provided in this chapter. 26 (j) Land Surveyor-in-Training. The term "land surveyor-in-training" means 27 a person who has qualified for, taken and passed an examination in the funda- 28 mentals of land surveying subjects as provided in this chapter. 29 (k) Rules of Professional Responsibility. The term "rules of professional 30 responsibility" means those rules, if any, promulgated by the board, as autho- 31 rized by the Idaho Code. 32 (l) Public. The term "public" means any person, firm, corporation, part- 33 nership, company, government agency, institution or any other entity recog- 34 nized by law. 35 (m) Business Entity. The term "business entity" means a corporation, pro- 36 fessional corporation, limited liability company, professional limited liabil- 37 ity company, general partnership, limited partnership, limited liability part- 38 nership, professional limited liability partnership or any other form of busi- 39 ness except a sole proprietorship. 40 SECTION 3. That Section 54-1208, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt and 43 amend all bylaws, rules of professional responsibility, rules of continuing 44 professional development for professional land surveyors not to exceed sixteen 45 (16) hours annually, and rules of procedure, not inconsistent with the con- 46 stitution and laws of this state, which may be reasonably necessary for the 47 proper performance of its duties and the administration of the chapter and the 48 regulation of proceedings before the board. These actions by the board shall 49 be binding upon persons registered under this chapter and shall be applicable 50 tocorporationsbusiness entities holding a certificate of authorization as 51 provided in section 54-1235, Idaho Code. It shall adopt and have an official 52 seal which shall be affixed to each certificate issued. It shall have power to 53 provide an office, office equipment and facilities and such books and records 4 1 as may be reasonably necessary for the proper performance of its duties. 2 (2) In carrying into effect the provisions of this chapter, the board may 3 subpoena witnesses and compel their attendance, and also may require the sub- 4 mission of books, papers, documents, or other pertinent data in any disciplin- 5 ary matters or in any case wherever a violation of this chapter is alleged. 6 Upon failure or refusal to comply with any such order of the board, or upon 7 failure to honor its subpoena as herein provided, the board may apply to any 8 court of any jurisdiction to enforce compliance with same. 9 (3) The board is hereby authorized in the name of the state to apply for 10 relief by injunction in the established manner provided in cases of civil pro- 11 cedure, without bond, to enforce the provisions of this chapter or to restrain 12 any violation thereof. Venue for all such actions shall be in the district 13 court of the fourth judicial district, Ada county, Idaho. 14 (4) The board may subject an applicant for registration to such examina- 15 tion as it deems necessary to determine qualifications. 16 (5) Any action, claim or demand to recover money damages from the board 17 or its employees which any person is legally entitled to recover as compensa- 18 tion for the negligent or otherwise wrongful act or omission of the board or 19 its employees, when acting within the course and scope of their employment, 20 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 21 Code. For purposes of this section, the term "employees" shall include, in 22 addition to those persons listed in section 6-902(4), Idaho Code, special 23 assignment members and other independent contractors while acting within the 24 course and scope of their board related work. 25 (6) The board may recommend arbitration of disputes between professional 26 engineers or disputes between professional land surveyors. 27 SECTION 4. That Section 54-1213, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-1213. APPLICATIONS AND REGISTRATION FEES. Applications for registra- 30 tion as a professional engineer or professional land surveyor, or certifica- 31 tion as an engineer-in-training or land surveyor-in-training, shall be on 32 forms prescribed and furnished by the board. The application shall be made 33 under oath, and shall show the applicant's education and a detailed summary of 34 his technical and engineering or land surveying experience. An applicant for 35 registration as a professional engineer or professional land surveyor shall 36 furnish not less than five (5) references, of whom three (3) or more should 37 be registered professional engineers or professional land surveyors, as appli- 38 cable, having personal knowledge of the applicant's engineering or land sur- 39 veying experience. An applicant for certification as an engineer-in-training 40 or land surveyor-in-training shall furnish not less than three (3) references 41 of whom at least one (1) should be a registered professional engineer or pro- 42 fessional land surveyor, as applicable, having personal knowledge of the 43 applicant's engineering or land surveying experience. Applications for certif- 44 icates of authorization shall be made in accordance with section 54-1235, 45 Idaho Code. 46 The maximum application fee for professional engineers or professional 47 land surveyors seeking to be licensed by an eight (8) hour or longer examina- 48 tion shall be an amount equal to the amount charged the board by the entity 49 preparing the examination, plus an administrative fee not to exceed one hun- 50 dred dollars ($100). The total application fee shall accompany the applica- 51 tion. 52 The maximum application fee for an applicant who seeks a certificate as an 53 engineer-in-training or land surveyor-in-training shall be an amount equal to 5 1 the amount charged the board by the entity preparing the examination, plus an 2 administrative fee not to exceed fifty dollars ($50.00). The application fee 3 shall accompany the application. 4 The maximum application fee forcorporationsbusiness entities seeking a 5 certificate of authorization shall be two hundred dollars ($200). The applica- 6 tion fee shall accompany the application. 7 Separate application fees shall accompany all applications for each of the 8 four (4) classes of examinations: professional land surveyor, engineer-in- 9 training, land surveyor-in-training and professional engineer. 10 The amount of the registration fee or certificate fee shall be fixed by 11 the board prior to June 30th of any year and shall continue in force until 12 changed. 13 Should the board deny the issuance of a certificate of registration or 14 authorization to any applicant, the fee deposited shall be retained as an 15 application fee. 16 SECTION 5. That Section 54-1215, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate 19 of registration upon payment of the registration fee as provided for in this 20 chapter to any applicant who, in the opinion of the board, has satisfactorily 21 met all of the requirements of this chapter, and an enrollment certificate 22 shall be issued to those who qualify as engineers-in-training and land 23 surveyors-in-training. In the case of a registered professional engineer, the 24 certificate shall authorize the practice of "professional engineering," and in 25 the case of a registered professional land surveyor the certificate shall 26 authorize the practice of "professional land surveying." Certificates of reg- 27 istration shall show the full name of the registrant, shall give a serial reg- 28 istration number, and shall be signed by the chairman and the secretary of the 29 board under seal of the board. 30 (2) The issuance of a certificate of registration by the board shall be 31 prima facie evidence that the person named therein is entitled to all the 32 rights, privileges and responsibilities of a registered professional engineer 33 or of a registered professional land surveyor, provided that said certificate 34 of registration has not expired or has not been suspended or revoked. 35 (3) Each registrant hereunder shall, upon registration, obtain a seal, 36 the use and design of which are described below. It shall be unlawful for any 37 person to affix or to permit his seal and signature to be affixed to any docu- 38 ments after the certificate of the registrant named thereon has expired or has 39 been suspended or revoked, unless said certificate shall have been renewed, 40 reinstated, or reissued, or for the purpose of aiding or abetting any other 41 person to evade or attempt to evade any portion of this chapter. 42 (a) The seal may be a rubber stamp, crimp or electronically generated 43 image. Whenever the seal is applied, the registrant's written signature 44 and date shall be adjacent to or across the seal. No further words or 45 wording is required. A facsimile signature generated by any method will 46 not be acceptable. 47 (b) The seal, signature and date shall be placed on all final specifica- 48 tions, land surveys, reports, plats, drawings, plans, design information 49 and calculations, whenever presented to a client or any public or govern- 50 mental agency. Any such document presented to a client or public or gov- 51 ernmental agency that is not final and does not contain a seal, signature 52 and date shall be clearly marked as "preliminary," "draft," "not for con- 53 struction" or with similar words to distinguish the document from a final 6 1 document. 2 (c) The seal, signature and date shall be placed on all original docu- 3 ments. The application of the registrant's seal, signature and date shall 4 constitute certification that the work thereon was done by him or under 5 his responsible charge. Each plan or drawing sheet shall be sealed and 6 signed by the registrant or registrants responsible for each sheet. In the 7 case of afirm, partnership or corporationbusiness entity, each plan or 8 drawing sheet shall be sealed and signed by the registrant or registrants 9 involved. The principal in responsible charge shall sign and seal the 10 title or first sheet. Copies of electronically produced documents, listed 11 in paragraph (b) of this subsection, distributed for informational uses 12 such as for bidding purposes or working copies, may be issued with the 13 registrant's seal and a notice that the original document is on file with 14 the registrant's signature and date. The words "Original Signed By:" and 15 "Date Original Signed:" shall be placed adjacent to or across the seal on 16 the electronic original. The storage location of the original document 17 shall also be provided. Only the title page of reports, specifications and 18 like documents need bear the seal, signature and date of the registrant. 19 (d) The seal and signature shall be used by registrants only when the 20 work being stamped was under the registrant's responsible charge. 21 (e)In the case of a temporary permit issued to an engineering registrant22of another state, the registrant shall use his state of registration seal23and shall affix his signature to all his work performed in this state24under the terms of the temporary permit.25(f)The design of the seal shall be as determined by the board. 26 (4) The board shall issue to any applicant who, in the opinion of the 27 board, has met the requirements of this chapter, an enrollment certificate or 28 card as an engineer-in-training or land surveyor-in-training, which indicates 29 that his name has been recorded as such in the board office. The engineer-in- 30 training or land surveyor-in-training enrollment card does not authorize the 31 holder to practice as a professional engineer or a professional land surveyor. 32 SECTION 6. That Section 54-1216, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-1216. EXPIRATIONS AND RENEWALS -- FEES. Following issuance or renewal 35 of certificates of registration for professional engineers and land surveyors, 36 expiration shall be on the last day of the month during which the registrant 37 was born, in even-numbered state of Idaho fiscal years for those born in even- 38 numbered calendar years and in odd-numbered state of Idaho fiscal years for 39 those born in odd-numbered calendar years, and shall become invalid on that 40 date unless renewed.During the first year of biennial renewals, those persons41born in odd-numbered calendar years shall be invoiced for two (2) years of42renewal and those persons born in even-numbered calendar years shall be43invoiced for one (1) year of renewal.Certificates of authorization forcorpo-44rationsbusiness entities shall expire on the last day of the month of July 45 following issuance or renewal and shall become invalid on that date unless 46 renewed. It shall be the duty of the board to notify every person registered 47 and everycorporationbusiness entity certified under this chapter, of the 48 date of the expiration of said certificate of registration or certificate of 49 authorization and the amount of the fee that shall be required for its 50 renewal. Such notice shall be mailed to the last known address of the regis- 51 trant orcorporationbusiness entity at least one (1) month in advance of the 52 date of the expiration of said certificate or authorization. Renewal may be 53 effected at any time in the appropriate year during the month in which the 7 1 registrant was born or during the month of July in the case ofcorporations2 business entities, by the payment of a renewal fee to be fixed by the board at 3 not more than one hundred fifty dollars ($150). The failure on the part of any 4 registrant or certificate holder to renew his or its certificate biennially in 5 the month in which they were born or in the month of July in the case ofcor-6porationsbusiness entities, as required above shall not deprive such person 7 orcorporationbusiness entity of the right of renewal, but the fee to be paid 8 for the renewal of a certificate after the month in which it is due shall be 9 increased twenty percent (20%) for each month or fraction of a month that pay- 10 ment of renewal is delayed; provided, however, that the maximum fee for 11 delayed renewal shall not exceed twice the renewal fee for each biennium 12 delinquent, but in no event more than three hundred dollars ($300). Any work 13 performed after a registration or certificate of authorization has expired, 14 but before delayed renewal has been effected, shall become valid upon delayed 15 renewal as if the registration or certificate of authorization had not 16 expired, but the registrant or certificate holder shall be subject to disci- 17 plinary action by the board for practice on an expired license or such other 18 action as provided pursuant to this chapter. 19 Following issuance or renewal of certificates of enrollment for engineers- 20 in-training and land surveyors-in-training, expiration shall be on the last 21 day of the month during which the certificate holder was born, in even-num- 22 bered state of Idaho fiscal years for those born in even-numbered calendar 23 years and in odd-numbered state of Idaho fiscal years for those born in odd- 24 numbered calendar years.During the first year of biennial renewals, those25persons born in odd-numbered calendar years shall be invoiced for two (2)26years of renewal and those persons born in even-numbered calendar years shall27be invoiced for one (1) year of renewal.The notification to holders of cer- 28 tificates of enrollment shall be processed as prescribed above for registrants 29 except that the biennial renewal fee shall not be more than thirty dollars 30 ($30.00). The failure on the part of any holder of a certificate of enrollment 31 to effect renewal shall not invalidate his status as an engineer-in-training 32 or land surveyor-in-training, but his name shall, after ninety (90) days, be 33 removed from the board's current mailing list. 34 SECTION 7. That Section 54-1220, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any affected party may 37 prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or 38 violation of any provision of this chapter, or violation of any of the rules 39of professional responsibility for professional engineers, professional land40surveyors and corporations with certificate of authorizationpromulgated by 41 the board against any individual registrant or against anycorporationbusi- 42 ness entity holding a certificate of authorization or against a person apply- 43 ing for a certificate of authorization. Repeated acts of negligence may be 44 considered as a gross act for disciplinary action. Such charges shall be in 45 writing, and shall be sworn to by the person or persons making them and shall 46 be filed with the executive director of the board. The executive director of 47 the board may be the person making and filing the charges. 48 (2) All charges, unless dismissed by the board as unfounded or trivial, 49 shall be heard by the board within six (6) months after the date they were 50 received at the board office unless such time is extended by the board for 51 justifiable cause. 52 (3) The time and place for said hearing shall be fixed by the board and a 53 copy of the charges, together with a notice of the time and place of hearing, 8 1 shall be personally served on or mailed to the last known address of such 2 individual registrant orcorporationbusiness entity holding a certificate of 3 authorization at least thirty (30) days before the date fixed for the hearing. 4 The proceedings shall be governed by the provisions of chapter 52, title 67, 5 Idaho Code. 6 (4) If, after such hearing, the board votes in favor of sustaining the 7 charges, the board may, in its discretion, impose an administrative penalty, 8 not to exceed two thousand dollars ($2,000) for deposit in the general account 9 of the state of Idaho. In addition, the board, in its discretion, may admon- 10 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com- 11 bination thereof, the individual's certificate of registration or a 12corporation'sbusiness entity's certificate of authorization. The board may 13 also, in its discretion, require the individual to practice under the supervi- 14 sion of another licensee, or require the individual to successfully complete 15 continuing education courses as may be prescribed by the board. 16 (5) The board shall have jurisdiction over registrants whose licenses are 17 not current provided the action relates to services performed when the license 18 was current and valid. 19 SECTION 8. That Section 54-1221, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-1221. REISSUANCE OF CERTIFICATES. The board, upon petition of an indi- 22 vidual or acorporationbusiness entity, may reissue or reinstate a certifi- 23 cate of registration or authorization, provided three (3) or more members of 24 the board vote in favor of such reissuance or reinstatement. A new certificate 25 of registration or certificate of authorization, to replace any certificate 26 revoked, lost, destroyed or mutilated, may be issued, subject to the rules of 27 the board, and upon payment of such reasonable charge therefor as shall be 28 fixed by the board to cover the estimated cost of investigation and such reis- 29 suance, but not exceeding ten dollars ($10.00) in any case. 30 SECTION 9. That Section 54-1223, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-1223. SAVING CLAUSE -- EXEMPTIONS. A. This chapter shall not be con- 33 strued to affect: 34 (1) The practice of any other profession or trade for which a license is 35 required under any law of this state or the United States. 36 (2) The work of an employee or a subordinate of a person holding a cer- 37 tificate of registration under this chapter,or an employee of a person38practicing lawfully under a temporary permit issued as provided in this39chapter,provided such work does not include final engineering design or 40 land surveying decisions and is done under the direct responsibility, 41 checking, and supervision of, and verified by, a person holding a certifi- 42 cate of registration under this chapter. 43 (3) Any individual teaching upper division engineering subjects that are 44 classified as engineering design for any college or university in this 45 state as of July 1, 1988, and any such individual employed after July 1, 46 1988, for a period of three (3) years from the date of employment with any 47 college or university in this state. 48 (4) An individual doing surveying work for himself, or through afirm,49partnership or corporationbusiness entity, on property owned or leased by 50 the individual, firm, partnershiporcorporationbusiness entity, or in 51 which the individual, firm, partnershiporcorporationbusiness entity has 9 1 an interest, estate or possessory right and which affects exclusively the 2 property or interests of the individual, firm, partnershiporcorporation3 business entity; provided, that all land surveying maps, plats or plans 4 filed with any county recorder's office in the state of Idaho for the pur- 5 pose of illustrating or defining boundaries of property ownership, shall 6 be made and certified by a registered, professional land surveyor as pro- 7 vided in this chapter. 8 (5) An individual doing survey work for himself, or through afirm, part-9nership or corporationbusiness entity with respect to the location, 10 amendment, or relocation of a mining claim. 11 (6) The practice of engineering by employees of acorporation or a com-12panybusiness entity as long as the services provided by them are for 13 internalcorporate or companybusiness entity use only. 14 B. The board, at its discretion, may exempt an exceptional individual who 15 has twenty-five (25) or more years of appropriate experience in engineering 16 from the requirement for satisfactory completion of an examination in the fun- 17 damentals of engineering. 18 C. In addition to, and notwithstanding other provisions of this chapter, 19 in circumstances of emergency creating conditions of imminent and substantial 20 danger to the public health, safety or environment through the provision of 21 engineering services, the prosecuting attorney or the attorney general may 22 institute a civil action for an immediate injunction to halt the provision of 23 engineering services. 24 SECTION 10. That Section 54-1235, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-1235. PRACTICE BYCORPORATIONSA BUSINESS ENTITY. (1) The practice of 27 or offer to practice professional engineering or professional land surveying, 28 as defined in this chapter, by professional engineers or professional land 29 surveyors, through acorporationbusiness entity, or by acorporationbusiness 30 entity through professional engineers or professional land surveyors, as 31 employees, or officers, is permitted subject to the provisions of this chap- 32 ter, provided that all personnel of suchcorporationbusiness entity, who act 33 in its behalf as professional engineers or professional land surveyors in this 34 state are registered as provided by this chapter, or are persons lawfully 35 practicing under the exemptions enumerated in this chapter, and further pro- 36 vided that saidcorporationbusiness entity, except utilities regulated by the 37 Idaho public utilities commission, has been issued a certificate of authoriza- 38 tion by the board as provided by this chapter. Nocorporationbusiness entity 39 shall be relieved of responsibility for the conduct or acts of its employees 40 or officers by reason of its compliance with the provisions of this chapter, 41 nor shall any individual practicing professional engineering or professional 42 land surveying as defined in this chapter, be relieved of responsibility for 43 engineering or land surveying services performed by reason of his employment 44 or relationship with suchcorporationbusiness entity. All final drawings, 45 specifications, plats, reports, or other engineering or land surveying papers 46 or documents involving the practice of professional engineering or profes- 47 sional land surveying as defined in this chapter, which shall have been pre- 48 pared or approved for the use of or for delivery to any person or for public 49 record within this state shall be dated and bear the signature and seal of the 50 professional engineer or professional land surveyor who prepared or approved 51 them. 52 (2) Acorporationbusiness entity organized pursuant to this section may 53 provide or offer to provide allied professional services as defined in section 10 1 30-1303, Idaho Code, in connection with the providing of engineering or land 2 surveying services, by persons licensed in allied professions acting as 3 employees or officers, provided such persons are duly licensed or otherwise 4 legally authorized to render such allied professional services within this 5 state. 6 (3) Acorporationbusiness entity desiring a certificate of authorization 7 for engineering, for land surveying, or for both, shall file with the board a 8 description of the engineering or land surveying service to be offered or 9 practiced in the state, an application upon a form to be prescribed by the 10 board and the designation required by the following paragraph, accompanied by 11 the application fee. 12 (4) Suchcorporationbusiness entity shall file with the board a designa- 13 tion of an individual or individuals duly registered and certified to practice 14 professional engineering or professional land surveying in this state who 15 shall be in responsible charge of the practice of professional engineering or 16 land surveying, as applicable, by saidcorporationbusiness entity in this 17 state. In the event there shall be a change in the individual or individuals 18 in responsible charge, such changes shall be designated in writing and filed 19 with the board within thirty (30) days after the effective date of such 20 change. 21 If all requirements of this chapter are met, the board shall issue to such 22corporationbusiness entity a certificate of authorization for professional 23 engineering, for land surveying, or for both; provided, however, the board may 24 refuse to issue a certificate if any facts exist which would entitle the board 25 to suspend or revoke an existing certificate. 26 A professional engineer or professional land surveyor who renders occa- 27 sional, part-time or consulting engineering or land surveying services to or 28 for afirmbusiness entity may not be designated as the person in responsible 29 charge for the professional activities of thefirmbusiness entity. 30 (5) The secretary of state shall not accept for filing from any person 31 any assumed business name which includes within its name any of the words 32 "engineer," "engineering," "land surveyor," "land surveying," or any modifica- 33 tion or derivation thereof, unless the board shall have issued a letter indi- 34 cating that the person has a licensed professional in responsible charge of 35 the professional activities of the sole proprietorship or business entity. The 36 board may notify the secretary of state, in writing, that it waives any objec- 37 tion to the name if the person is clearly not governed by chapter 12, title 38 54, Idaho Code. The secretary of state shall notissue a certificate of incor-39poration as a domestic corporation or a certificate of authority as a foreign40corporation authorized to do business in this state to a firmaccept for fil- 41 ing the organizational documents of an Idaho business entity, or authorize the 42 transaction of business by any foreign business entity which includes, among 43 objects for which it is established or within its name, any of the words 44 "engineer," "engineering," "land surveyor," "land surveying," or any modifica- 45 tion or derivation thereof, unless the board shall have issued for said appli- 46 cant a certificate of authorization or a letter indicating the eligibility of 47 said applicant to receive such certificate. The board may notify the secretary 48 of state, in writing, that it waives any objection to the name or purpose of 49 any business entity if it is clearly not governed by chapter 12, title 54, 50 Idaho Code. Thefirmbusiness entity applying shallsupplyinclude such cer- 51 tificate or letter from the board withits application for incorporation or52registration withany filings submitted to the secretary of state.
STATEMENT OF PURPOSE
RS 10535CI
The purpose of this legislation is to clarify that a person
must be licensed by the Board as a professional engineer in
order to perform the engineering involved on any project
physically located in Idaho. It would require that all
business entities qualify for and obtain a certificate of
authorization in order to offer the engineering or land
surveying services of its employees through the auspices of
the business entity. It would clarify that incomplete documents
must be clearly marked so as to not confuse them with final
documents. It would eliminate references to Temporary Permits
which are no longer issued and would eliminate obsolete references
to the transition from annual to biennial renewals. It would
preclude a business entity from filing organizational papers
with the Secretary of State unless that business entity had
been issued a certificate of authorization or the board has
waived the requirement.
FISCAL NOTE
There is no impact to the General Fund. There are currently
approximately 575 corporations to whom the Board has issued a
Certificate of Authorization. Assuming there is a like number
of other business entities, and using the current application
fee of $165, there would be a one-time increased revenue to
the Board Dedicated Fund of approximately $95,000 in FY 2002.
Using the current renewal fee of $50 per Certificate of Authorization,
there would be an increased revenue to the Board Dedicated Fund of
approximately $29,000 in subsequent fiscal years.
CONTACT
Name: David L. Curtis, P.E., Executive Director
Agency: Board of Registration of Professional Engineers and
Professional Land Surveyors
Statement of Purpose/Fiscal Note H24a