2001 Legislation
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HOUSE BILL NO. 24 – Engineer/land surveyor, registratn

HOUSE BILL NO. 24

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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

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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    to corporations business 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 for corporations business 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  a firm, partnership or corporation business 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 registrant
 16        of another state, the registrant shall use his state of registration  seal
 17        and  shall  affix  his  signature  to all his work performed in this state
 18        under 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 persons
 35    born in odd-numbered calendar years shall be invoiced for  two  (2)  years  of
 36    renewal  and  those  persons  born  in  even-numbered  calendar years shall be
 37    invoiced for one (1) year of renewal. Certificates of authorization for corpo-
 38    rations business 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  every  corporation  business  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  or corporation business 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  of  corporations
 49    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 of cor-
 53    porations business entities, as required above shall not deprive  such  person
                                                                        
                                           7
                                                                        
  1    or corporation business 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,  those
 19    persons  born  in  odd-numbered  calendar  years shall be invoiced for two (2)
 20    years of renewal and those persons born in even-numbered calendar years  shall
 21    be  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
 33    of professional responsibility for professional engineers,  professional  land
 34    surveyors  and  corporations  with certificate of authorization promulgated by
 35    the board against any individual registrant or against any  corporation  busi-
 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 or corporation business 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
  6    corporation's  business  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 a corporation business 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 person
 32        practicing lawfully under a temporary permit issued as  provided  in  this
 33        chapter,  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  a  firm,
 43        partnership or corporation business entity, on property owned or leased by
 44        the  individual,  firm,  partnership or corporation business entity, or in
 45        which the individual, firm, partnership or corporation business entity has
 46        an interest,  estate or possessory right and which affects exclusively the
 47        property or interests of the individual, firm, partnership or  corporation
 48        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 a firm, part-
  3        nership or corporation business  entity  with  respect  to  the  location,
  4        amendment, or relocation of a mining claim.
  5        (6)  The  practice  of engineering by employees of a corporation or a com-
  6        pany business entity as long as the services  provided  by  them  are  for
  7        internal corporate or company business 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 BY CORPORATIONS A 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 a corporation business entity, or by a corporation business
 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 such corporation business 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 said corporation business 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. No corporation business  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 such corporation business  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)  A corporation business 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)  A corporation business 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)  Such corporation business 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 said corporation business 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
 16    corporation  business  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 a firm business entity may not be designated as the person in  responsible
 23    charge for the professional activities of the firm business entity.
 24        (5)  The secretary of state shall not issue a certificate of incorporation
 25    as a domestic corporation or a certificate of authority  as a foreign corpora-
 26    tion  authorized  to do business in this state to a firm accept 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. The firm business entity applying shall supply include  such  cer-
 37    tificate  or  letter  from the board with its application for incorporation or
 38    registration with any filings submitted to the secretary of state.

Amendment


                                                                        
                                                                        
  ||||              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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    to corporations business 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 for corporations business 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  a firm, partnership or corporation business 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 registrant
 22        of another state, the registrant shall use his state of registration  seal
 23        and  shall  affix  his  signature  to all his work performed in this state
 24        under 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 persons
 41    born in odd-numbered calendar years shall be invoiced for  two  (2)  years  of
 42    renewal  and  those  persons  born  in  even-numbered  calendar years shall be
 43    invoiced for one (1) year of renewal. Certificates of authorization for corpo-
 44    rations business 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  every  corporation  business  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  or corporation business 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  of  corporations
  2    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 of cor-
  6    porations business entities, as required above shall not deprive  such  person
  7    or corporation business 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,  those
 25    persons  born  in  odd-numbered  calendar  years shall be invoiced for two (2)
 26    years of renewal and those persons born in even-numbered calendar years  shall
 27    be  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
 39    of professional responsibility for professional engineers,  professional  land
 40    surveyors  and  corporations  with certificate of authorization promulgated by
 41    the board against any individual registrant or against any  corporation  busi-
 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 or corporation business 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
 12    corporation's  business  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 a corporation business 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 person
 38        practicing lawfully under a temporary permit issued as  provided  in  this
 39        chapter,  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  a  firm,
 49        partnership or corporation business entity, on property owned or leased by
 50        the  individual,  firm,  partnership or corporation business entity, or in
 51        which the individual, firm, partnership or corporation business entity has
                                                                        
                                           9
                                                                        
  1        an interest,  estate or possessory right and which affects exclusively the
  2        property or interests of the individual, firm, partnership or  corporation
  3        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 a firm, part-
  9        nership or corporation business  entity  with  respect  to  the  location,
 10        amendment, or relocation of a mining claim.
 11        (6)  The  practice  of engineering by employees of a corporation or a com-
 12        pany business entity as long as the services  provided  by  them  are  for
 13        internal corporate or company business 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 BY CORPORATIONS A 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 a corporation business entity, or by a corporation business
 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 such corporation business 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 said corporation business 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. No corporation business  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 such corporation business  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)  A corporation business 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)  A corporation business 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)  Such corporation business 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 said corporation business 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
 22    corporation  business  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 a firm business entity may not be designated as the person in  responsible
 29    charge for the professional activities of the firm business 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 not issue a certificate of incor-
 39    poration as a domestic corporation or a certificate of authority  as a foreign
 40    corporation authorized to do business in this state to a firm accept 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. The firm business entity applying shall supply include  such  cer-
 51    tificate  or  letter  from the board with its application for incorporation or
 52    registration with any filings submitted to the secretary of state.

Statement of Purpose / Fiscal Impact


                      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