2002 Legislation
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HOUSE BILL NO. 410 – Engineers/Lnd Survyrs, signtr/seals

HOUSE BILL NO. 410

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H0410........................................................by MR. SPEAKER
            Requested by: Board of Engineers and Land Surveyors
ENGINEERS/LAND SURVEYORS - Amends existing law to define terms; to clarify
the use of seals and signatures; and to permit the Board of Professional
Engineers and Land Surveyors to waive examination requirements for certain
individuals.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Bus
01/10    Rpt out - rec d/p - to 2nd rdg
01/11    2nd rdg - to 3rd rdg
01/14    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Jones, Ridinger, Wood
    Floor Sponsor - Black
    Title apvd - to Senate
01/15    Senate intro - 1st rdg - to Com/HuRes
01/25    Rpt out - rec d/p - to 2nd rdg
01/28    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Brandt, Ipsen, Sims
    Floor Sponsor - Lodge
    Title apvd - to House
01/30    To enrol
01/31    Rpt enrol - Sp signed
02/01    Pres signed
02/04    To Governor
02/05    Governor signed
         Session Law Chapter 6
         Effective: 07/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 410
                                                                        
                                       BY MR. SPEAKER
                    Requested by: Board of Engineers and Land Surveyors
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND  SURVEYORS;  AMENDING
  3        SECTION  54-1202,  IDAHO  CODE,  TO  DEFINE  "SIGNATURE"; AMENDING SECTION
  4        54-1215, IDAHO CODE, TO CLARIFY THE  USE  OF  SEALS  AND  SIGNATURES;  AND
  5        AMENDING SECTION 54-1223, IDAHO CODE, TO PROVIDE THAT THE BOARD MAY EXEMPT
  6        FROM EXAMINATION REQUIREMENTS CERTAIN INDIVIDUALS WHO HAVE AT LEAST TWELVE
  7        YEARS OF EXPERIENCE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 54-1202, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        54-1202.  DEFINITIONS. As used in this chapter, unless the context or sub-
 12    ject matter requires otherwise:
 13        (a)  Engineer. The term "engineer" means a  person  who  is  qualified  to
 14    practice  engineering by reason of his special knowledge and use of mathemati-
 15    cal, physical and engineering sciences, and  the  principles  and  methods  of
 16    engineering  analysis and design, acquired by professional education and engi-
 17    neering experience.
 18        (b)  Professional Engineer. The term "professional engineer" means a  per-
 19    son who has been duly registered or licensed as a professional engineer by the
 20    board under this chapter.
 21        (c)  Professional  Engineering  and  Practice of Professional Engineering.
 22    The terms "professional engineering" and "practice of  professional  engineer-
 23    ing"  mean any service or creative work offered to or performed for the public
 24    for any project physically located in this state, such as consultation, inves-
 25    tigation, evaluation, planning, designing, teaching upper division engineering
 26    design subjects, and responsible charge of observation of construction in con-
 27    nection with any public or private utilities, structures, buildings, machines,
 28    equipment, processes, works, or projects, wherein the public  welfare  or  the
 29    safeguarding  of life, health, or property is concerned or involved, when such
 30    service requires the application of engineering principles and data. A  person
 31    shall  be  construed to practice or offer to practice professional engineering
 32    within the meaning and intent of this chapter who practices or offers to prac-
 33    tice any of the branches of the profession of engineering for the  public  for
 34    any  project  physically  located in this state or who, by verbal claim, sign,
 35    advertisement, letterhead, card, or in any other way represents himself to  be
 36    a professional engineer or through the use of some other title implies that he
 37    is  a  professional  engineer  or that he is registered under this chapter, or
 38    holds himself out as able to perform or who does perform for  the  public  for
 39    any  project  physically located in this state any engineering service or work
 40    or any other service designated by the practitioner which is the  practice  of
 41    professional engineering.
 42        (d)  Consulting  Engineer.  The term "consulting engineer" means a profes-
 43    sional engineer whose principal occupation is the independent practice of pro-
                                                                        
                                           2
                                                                        
  1    fessional engineering; whose livelihood is obtained  by  offering  engineering
  2    services to the public; who is devoid of public, commercial and product affil-
  3    iation  that  might tend to infer a conflict of interest; and who is cognizant
  4    of his public and legal responsibilities, and is capable of discharging them.
  5        (e)  Professional Land Surveyor. The  term  "professional  land  surveyor"
  6    means  a  person who is qualified by reason of his knowledge of the principles
  7    of land surveying acquired by education and practical experience to engage  in
  8    the  practice of professional  land surveying and who has been duly registered
  9    or licensed as a professional land surveyor by the board under this chapter.
 10        (f)  Professional Land Surveying and Practice of Professional Land Survey-
 11    ing. The terms "land surveying" and "professional land surveying" mean respon-
 12    sible charge of surveying of land to determine the correct  boundary  descrip-
 13    tion, to convey, to establish or reestablish land boundaries, or to plat lands
 14    and  subdivisions  thereof. Any person shall be construed to practice or offer
 15    to practice professional land surveying who engages in professional land  sur-
 16    veying,  or who, by verbal claim, sign, advertisement, letterhead, card, or in
 17    any other way represents himself to be a professional land  surveyor,  or  who
 18    represents  himself  as  able  to perform or who does perform any professional
 19    land surveying service or work or any other service designated by the  practi-
 20    tioner which is professional land surveying.
 21        (g)  Board. The term "board" means the Idaho board of registration of pro-
 22    fessional  engineers  and professional land surveyors, hereinafter provided by
 23    this chapter.
 24        (h)  Responsible Charge. The term "responsible charge" means  the  control
 25    and direction of the investigation, studies, design, construction or operation
 26    of  engineering  work,  or the control and direction of record research, field
 27    retracement, office calculations, boundary determination and mapping  of  land
 28    surveying work, requiring initiative, professional skill and independent judg-
 29    ment.
 30        (i)  Engineer-in-Training.  The term "engineer-in-training" means a person
 31    who has qualified for, taken and passed an examination in the fundamentals  of
 32    engineering subjects as provided in this chapter.
 33        (j)  Land Surveyor-in-Training. The term "land surveyor-in-training" means
 34    a  person who has qualified for, taken and passed an examination in the funda-
 35    mentals of land surveying subjects as provided in this chapter.
 36        (k)  Rules of Professional Responsibility. The term "rules of professional
 37    responsibility" means those rules, if any, promulgated by the board, as autho-
 38    rized by the Idaho Code.
 39        (l)  Public. The term "public" means any person, firm, corporation,  part-
 40    nership,  company,  government  agency, institution or any other entity recog-
 41    nized by law.
 42        (m)  Business Entity. The term "business entity" means a corporation, pro-
 43    fessional corporation, limited liability company, professional limited liabil-
 44    ity company, general partnership, limited partnership, limited liability part-
 45    nership, professional limited liability partnership or any other form of busi-
 46    ness except a sole proprietorship.
 47        (n)  Signature. The term "signature" shall mean either: an original  hand-
 48    written  message  identification containing the name of the person who applied
 49    it; or a digital signature  which  is  an  electronic  authentication  process
 50    attached  to  or logically associated with an electronic document. The digital
 51    signature must be unique to the person using it; must be capable of  verifica-
 52    tion;  must  be  under  the  sole  control of the person using it; and must be
 53    linked to a document in such a manner that the digital  signature  is  invali-
 54    dated if any data in the document is changed.
                                                                        
                                           3
                                                                        
  1        SECTION  2.  That  Section 54-1215, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        54-1215.  CERTIFICATES -- SEALS. (1) The board shall issue  a  certificate
  4    of  registration  upon payment of the registration fee as provided for in this
  5    chapter to any applicant who, in the opinion of the board, has  satisfactorily
  6    met  all  of  the requirements of this  chapter, and an enrollment certificate
  7    shall be issued  to  those  who  qualify  as  engineers-in-training  and  land
  8    surveyors-in-training.  In the case of a registered professional engineer, the
  9    certificate shall authorize the practice of "professional engineering," and in
 10    the case of a registered professional  land  surveyor  the  certificate  shall
 11    authorize  the practice of "professional land surveying." Certificates of reg-
 12    istration shall show the full name of the registrant, shall give a serial reg-
 13    istration number, and shall be signed by the chairman and the secretary of the
 14    board under seal of the board.
 15        (2)  The issuance of a certificate of registration by the board  shall  be
 16    prima  facie  evidence  that  the  person named therein is entitled to all the
 17    rights, privileges and responsibilities of a registered professional  engineer
 18    or  of a registered professional land surveyor, provided that said certificate
 19    of registration has not expired or has not been suspended or revoked.
 20        (3)  Each registrant hereunder shall, upon registration,  obtain  a  seal,
 21    the  use and design of which are described below. It shall be unlawful for any
 22    person to affix or to permit his seal and signature to be affixed to any docu-
 23    ments after the certificate of the registrant named thereon has expired or has
 24    been suspended or revoked, unless said certificate shall  have  been  renewed,
 25    reinstated,  or  reissued,  or for the purpose of aiding or abetting any other
 26    person to evade or attempt to evade any portion of this chapter.
 27        (a)  The seal may be a rubber stamp,  crimp  or  electronically  generated
 28        image.  Whenever  the  seal is applied, the registrant's written signature
 29        and date shall also be included. If the signature is handwritten, it shall
 30        be adjacent to or  across  the  seal.  No  further  words  or  wording  is
 31        required.  A  facsimile  signature  generated  by  any  method will not be
 32        acceptable unless accompanied by a digital signature.
 33        (b)  The seal, signature and date shall be placed on all final  specifica-
 34        tions,  land  surveys, reports, plats, drawings, plans, design information
 35        and calculations, whenever presented to a client or any public or  govern-
 36        mental  agency.  Any such document presented to a client or public or gov-
 37        ernmental agency that is not final and does not contain a seal,  signature
 38        and  date shall be clearly marked as "preliminary," "draft," "not for con-
 39        struction" or with similar words to distinguish the document from a  final
 40        document.
 41        (c)  The  seal,  signature  and date shall be placed on all original docu-
 42        ments. The application of the registrant's seal, signature and date  shall
 43        constitute  certification  that  the work thereon was done by him or under
 44        his responsible charge. Each plan or drawing sheet  shall  be  sealed  and
 45        signed by the registrant or registrants responsible for each sheet. In the
 46        case  of a business entity, each plan or drawing sheet shall be sealed and
 47        signed by the registrant or registrants involved. The principal in respon-
 48        sible charge shall sign and seal the  title  or  first  sheet.  Copies  of
 49        electronically produced documents, listed in paragraph (b) of this subsec-
 50        tion,  distributed  for informational uses such as for bidding purposes or
 51        working copies, may be issued with the registrant's seal and a notice that
 52        the original document is on file with the registrant's signature and date.
 53        The words "Original Signed By:"  and  "Date  Original  Signed:"  shall  be
 54        placed  adjacent  to  or  across  the seal on the electronic original. The
                                                                        
                                           4
                                                                        
  1        storage location of the original document shall also be provided. Only the
  2        title page of reports, specifications and like  documents  need  bear  the
  3        seal, signature and date of the registrant.
  4        (d)  The  seal  and  signature  shall be used by registrants only when the
  5        work being stamped was under the registrant's responsible charge.
  6        (e)  The design of the seal shall be as determined by the board.
  7        (4)  The board shall issue to any applicant who, in  the  opinion  of  the
  8    board,  has met the requirements of this chapter, an enrollment certificate or
  9    card as an engineer-in-training or land surveyor-in-training, which  indicates
 10    that  his name has been recorded as such in the board office. The engineer-in-
 11    training or land surveyor-in-training enrollment card does not  authorize  the
 12    holder to practice as a professional engineer or a professional land surveyor.
                                                                        
 13        SECTION  3.  That  Section 54-1223, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        54-1223.  SAVING CLAUSE -- EXEMPTIONS. A. This chapter shall not  be  con-
 16    strued to affect:
 17        (1)  The  practice of any other profession or trade for which a license is
 18        required under any law of this state or the United States.
 19        (2)  The work of an employee or a subordinate of a person holding  a  cer-
 20        tificate  of  registration under this chapter, provided such work does not
 21        include final engineering design or land surveying decisions and  is  done
 22        under  the  direct responsibility, checking, and supervision of, and veri-
 23        fied by, a person holding a certificate of registration under  this  chap-
 24        ter.
 25        (3)  Any  individual teaching upper division engineering subjects that are
 26        classified as engineering design for any college  or  university  in  this
 27        state  as  of July 1, 1988, and any such individual employed after July 1,
 28        1988, for a period of three (3) years from the date of employment with any
 29        college or university in this state.
 30        (4)  An individual doing surveying work for himself, or through a business
 31        entity, on property owned or leased by the individual or business  entity,
 32        or  in  which the individual or business entity has an interest, estate or
 33        possessory right and which affects exclusively the property  or  interests
 34        of  the  individual  or business entity; provided, that all land surveying
 35        maps, plats or plans filed with any county recorder's office in the  state
 36        of  Idaho  for the purpose of illustrating or defining boundaries of prop-
 37        erty ownership, shall be made and certified by a registered,  professional
 38        land surveyor as provided in this chapter.
 39        (5)  An  individual  doing  survey work for himself, or through a business
 40        entity with respect to the location, amendment, or relocation of a  mining
 41        claim.
 42        (6)  The practice of engineering by employees of a business entity as long
 43        as  the  services  provided  by  them are for internal business entity use
 44        only.
 45        B.  The board, at its discretion, may exempt an exceptional individual who
 46    has twenty-five twelve (125) or more years of appropriate experience in  engi-
 47    neering  from the requirement for satisfactory completion of an examination in
 48    the fundamentals of engineering.
 49        C.  In addition to, and notwithstanding other provisions of this  chapter,
 50    in  circumstances of emergency creating conditions of imminent and substantial
 51    danger to the public health, safety or environment through  the  provision  of
 52    engineering  services,  the  prosecuting  attorney or the attorney general may
 53    institute a civil action for an immediate injunction to halt the provision  of
                                                                        
                                           5
                                                                        
  1    engineering services.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 11444

The purpose of this amendment is to define "signature" as used in
conjunction with the professional seals used to identify the engineer 
or land surveyor who has been in responsi ble charge of a work product
and to allow that signature to be either a handwritten message or a 
digital identification which meets certain security parameters.  
Approval of the amendment would allow the electronic exchange of 
documents with the assurance that the documents are unaltered. 
This legislation also allows the Board of Professional Engineers and 
Professional Land Surveyors to waive the requirement for passage of 
an examination in the fundamentals of engineering for exceptional 
persons with a minimum of 12 years of appropriate experience in 
engineering.  The current requirement of 25 years is excessive, and 
the Board believes that the public will remain protected if persons 
with 12 years of experience are not required to take and pass the 
exam.

                         FISCAL IMPACT

There is no impact to the General Fund or any Dedicated Fund, 
including that of the Board of Professional Engineers and Professional
Land Surveyors.  Computer software would have to be purchased by 
practitioners who chose to take advantage of the digital aspect of 
the amendment, but it's use is optional.  The amendment would allow 
for quick and secure exchange of the work product of professional 
engineers and professional land surveyors, thus expediting commerce.



Contact:  David L. Curtis, P.E.
Agency:   Board of Engineers & Land Surveyors
Phone:    (208) 334-3860

STATEMENT OF PURPOSE/FISCAL NOTE                  H0410