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H0485...........................................................by BUSINESS
ENGINEERS AND LAND SURVEYORS - Amends and adds to existing law relating to
professional engineers and professional land surveyors to clarify
education, examination and graduate education requirements to meet
qualifications for licensure; to clarify that the Board of Professional
Engineers and Professional Land Surveyors may charge applicants for the
cost of administration of examinations; to clarify authority of the
executive director in disciplinary actions; to specify exclusive
jurisdiction of the state; and to prohibit requirements for additional
licenses and fees.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Bus
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 64-4-2
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Lake, Langford, Langhorst, Martinez, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Barrett, Kulczyk, McKague, Sali
Absent and excused -- Crow, McGeachin
Floor Sponsor - Douglas
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Com/HuRes
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor - Werk
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/19 Governor signed
Session Law Chapter 84
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 485
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS; AMENDING
3 SECTION 54-1212, IDAHO CODE, TO CLARIFY EDUCATION, EXAMINATION AND GRADU-
4 ATE EDUCATION REQUIREMENTS TO MEET QUALIFICATIONS FOR LICENSURE; AMENDING
5 SECTION 54-1212, IDAHO CODE, AS AMENDED BY SECTION 1, CHAPTER 125, LAWS OF
6 2002, AS AMENDED BY SECTION 2, CHAPTER 15, LAWS OF 2003, TO CLARIFY EDUCA-
7 TION, EXAMINATION AND GRADUATE EDUCATION REQUIREMENTS TO MEET QUALIFICA-
8 TIONS FOR LICENSURE; AMENDING SECTION 54-1213, IDAHO CODE, TO CLARIFY THAT
9 THE BOARD MAY CHARGE APPLICANTS FOR THE COST OF ADMINISTRATION OF EXAMINA-
10 TIONS; AMENDING SECTION 54-1220, IDAHO CODE, TO CLARIFY AUTHORITY OF THE
11 EXECUTIVE DIRECTOR IN DISCIPLINARY ACTIONS; AND AMENDING CHAPTER 12, TITLE
12 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1236, IDAHO CODE, TO
13 SPECIFY EXCLUSIVE JURISDICTION OF THE STATE AND TO PROHIBIT REQUIREMENTS
14 FOR ADDITIONAL LICENSES OR FEES.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 54-1212, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-1212. GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE. Except as
19 herein otherwise expressly provided, no license as a professional engineer or
20 professional land surveyor, or certification as an engineer-in-training or
21 land surveyor-in-training, shall be issued until an applicant has successfully
22 passed an examination given by or under the supervision of the board, nor
23 shall a license as a professional engineer or professional land surveyor, or
24 certification as an engineer-in-training or land surveyor-in-training, be
25 issued to an applicant having habits or character that would justify revoca-
26 tion or suspension of certificate, as provided in section 54-1220, Idaho Code.
27 The following shall be considered as minimum evidence satisfactory to the
28 board that the applicant is qualified for assignment to an examination:
29 (1) As a professional engineer:
30 (a) Graduation from an approved engineering curriculum of four (4) years
31 or more in a school or college approved by the board as being of satisfac-
32 tory standing, passage of an examination on the fundamentals of engineer-
33 ing acceptable to the board, and a specific record, after graduation, of
34 an additional four (4) years or more of progressive experience in engi-
35 neering work of a grade and character satisfactory to the board, and indi-
36 cating that the applicant is competent to practice professional engineer-
37 ing; or
38 (b) Graduation with a bachelor's degree in a related science from a
39 school or college approved by the board, and evidence satisfactory to the
40 board that the applicant possesses knowledge and skill approximating that
41 attained through graduation from an approved four (4) year engineering
42 curriculum, passage of an examination on the fundamentals of engineering
43 acceptable to the board, and a specific record, after graduation, of an
2
1 additional four (4) years or more of progressive experience in engineering
2 work of a grade and character satisfactory to the board and indicating
3 that the applicant is competent to practice professional engineering.
4 (2) As a professional land surveyor:
5 (a) Graduation from an approved surveying curriculum of four (4) years or
6 more in a school or college approved by the board as being of satisfactory
7 standing, passage of an examination on the fundamentals of land surveying
8 acceptable to the board, and a specific record of an additional four (4)
9 years or more of progressive combined office and field experience in land
10 surveying work, of a grade and character satisfactory to the board and
11 indicating that the applicant is competent to practice professional land
12 surveying; or
13 (b) At least sixty (60) semester credit hours of college level academic
14 education beyond high school, with including a minimum of fifteen (15)
15 semester credits hours in land surveying, engineering, mathematics or
16 related science, passage of an examination on the fundamentals of land
17 surveying acceptable to the board, and a specific record of an additional
18 six (6) years of progressive combined office and field experience in land
19 surveying work of a grade and character satisfactory to the board and
20 indicating that the applicant is competent to practice land surveying; or
21 (c) Evidence that the applicant possesses knowledge and skill, satisfac-
22 tory to the board, similar to that attained upon completion of an approved
23 college level academic curriculum, passage of an examination on the funda-
24 mentals of land surveying acceptable to the board, and evidence of a spe-
25 cific record of an additional eight (8) years of progressive combined
26 office and field experience in land surveying work of a grade and charac-
27 ter satisfactory to the board and indicating that the applicant is compe-
28 tent to practice land surveying.
29 (3) As an engineer-in-training:
30 (a) Graduation from or in the last two (2) semesters of an approved engi-
31 neering curriculum of four (4) years or more in a school or college
32 approved by the board as being of satisfactory standing and indicating
33 that the applicant is competent to enroll as an engineer-in-training; or
34 (b) Graduation with a bachelor's degree in a related science from a
35 school or college approved by the board as being of satisfactory standing,
36 and evidence satisfactory to the board that the applicant possesses knowl-
37 edge and skill approximating that attained through graduation from an
38 approved four (4) year engineering curriculum, and indicating that the
39 applicant is competent to be enrolled as an engineer-in-training.
40 (c) In the event the applicant qualifies for assignment to the examina-
41 tion during the last two (2) semesters of college under the provisions of
42 section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
43 tificate will be issued only after the applicant graduates.
44 (4) As a land surveyor-in-training:
45 (a) Graduation from, or in the last two (2) semesters of, an approved
46 surveying curriculum of four (4) years or more in a school or college
47 approved by the board as being of satisfactory standing and indicating
48 that the applicant is competent to be enrolled as a land surveyor-in-
49 training; or
50 (b) At least sixty (60) semester credit hours of college level academic
51 education beyond high school, with including a minimum of fifteen (15)
52 semester credits hours in land surveying, engineering, mathematics or
53 related science, and in addition, a specific record of three (3) years or
54 more of progressive combined office and field experience in land surveying
55 work of a grade and character satisfactory to the board that the applicant
3
1 is competent to be enrolled as a land surveyor-in-training; or
2 (c) Possesses knowledge and skill, satisfactory to the board, similar to
3 that attained upon completion of an approved college level academic cur-
4 riculum and evidence of a specific record of at least four (4) years
5 experience of progressive combined office and field experience of a grade
6 and character satisfactory to the board that the applicant is competent to
7 be enrolled as a land surveyor-in-training.
8 In counting years of experience for assignment to the professional engi-
9 neer or professional land surveyor examination, the board may, at its discre-
10 tion, give credit, not in excess of one (1) year, for satisfactory graduate
11 study toward a master's degree and not in excess of an additional one (1) year
12 for satisfactory graduate study toward a doctorate degree. In the event an
13 applicant obtains a doctorate degree without first obtaining a master's
14 degree, the board may, at its discretion, give credit, not in excess of two
15 (2) years.
16 In considering the combined education and experience qualifications of
17 applicants, the board shall consider engineering teaching, land surveying
18 teaching, each year of satisfactory completion of undergraduate college educa-
19 tion, advanced degrees in engineering and advanced degrees in land surveying
20 in establishing the applicants' minimum composite knowledge and skill.
21 The mere execution, as a contractor, of work designed by a professional
22 engineer, or the supervision of the construction of such work as a foreman or
23 superintendent, shall not be deemed to be the practice of engineering, but if
24 such experience, in the opinion of the board, has involved responsible super-
25 vision of a character that will tend to expand the engineering knowledge and
26 skill of the applicant the board may in its discretion give such credit there-
27 for as it may deem proper.
28 Any person having the necessary qualifications prescribed in this chapter
29 to entitle him to registration shall be eligible for such registration
30 although he may not be practicing his profession at the time of making his
31 application.
32 SECTION 2. That Section 54-1212, Idaho Code, as amended by Section 1,
33 Chapter 125, Laws of 2002, as amended by Section 2, Chapter 15, Laws of 2003,
34 be, and the same is hereby amended to read as follows:
35 54-1212. GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE. Except as
36 herein otherwise expressly provided, no license as a professional engineer or
37 professional land surveyor, or certification as an engineer-in-training or
38 land surveyor-in-training, shall be issued until an applicant has successfully
39 passed an examination given by or under the supervision of the board, nor
40 shall a license as a professional engineer or professional land surveyor, or
41 certification as an engineer-in-training or land surveyor-in-training, be
42 issued to an applicant having habits or character that would justify revoca-
43 tion or suspension of certificate, as provided in section 54-1220, Idaho Code.
44 The following shall be considered as minimum evidence satisfactory to the
45 board that the applicant is qualified for assignment to an examination:
46 (1) As a professional engineer:
47 (a) Graduation from an approved engineering curriculum of four (4) years
48 or more in a school or college approved by the board as being of satisfac-
49 tory standing, passage of an examination on the fundamentals of engineer-
50 ing acceptable to the board, and a specific record, after graduation, of
51 an additional four (4) years or more of progressive experience in engi-
52 neering work of a grade and character satisfactory to the board, and indi-
53 cating that the applicant is competent to practice professional engineer-
4
1 ing; or
2 (b) Graduation with a bachelor's degree in a related science from a
3 school or college approved by the board, and evidence satisfactory to the
4 board that the applicant possesses knowledge and skill approximating that
5 attained through graduation from an approved four (4) year engineering
6 curriculum, passage of an examination on the fundamentals of engineering
7 acceptable to the board, and a specific record, after graduation, of four
8 (4) years or more of progressive experience in engineering work of a grade
9 and character satisfactory to the board and indicating that the applicant
10 is competent to practice professional engineering.
11 (2) As a professional land surveyor:
12 (a) Graduation from an approved surveying curriculum of four (4) years or
13 more in a school or college approved by the board as being of satisfactory
14 standing, passage of an examination on the fundamentals of land surveying
15 acceptable to the board, and a specific record of an additional four (4)
16 years or more of progressive combined office and field experience in land
17 surveying work of a grade and character satisfactory to the board and
18 indicating that the applicant is competent to practice professional land
19 surveying; or
20 (b) Graduation with a bachelor's degree in a related science from a
21 school or college approved by the board as being of satisfactory standing,
22 and evidence satisfactory to the board that the applicant possesses knowl-
23 edge and skill approximating that attained through graduation from an
24 approved four (4) year surveying curriculum, passage of an examination on
25 the fundamentals of land surveying acceptable to the board, and a specific
26 record of an additional four (4) years or more of progressive combined
27 office and field experience in land surveying work of a grade and charac-
28 ter satisfactory to the board and indicating that the applicant is compe-
29 tent to practice land surveying.
30 (3) As an engineer-in-training:
31 (a) Graduation from or in the last two (2) semesters of an approved engi-
32 neering curriculum of four (4) years or more in a school or college
33 approved by the board as being of satisfactory standing and indicating
34 that the applicant is competent to enroll as an engineer-in-training; or
35 (b) Graduation with a bachelor's degree in a related science from a
36 school or college approved by the board, and evidence satisfactory to the
37 board that the applicant possesses knowledge and skill approximating that
38 attained through graduation from an approved four (4) year engineering
39 curriculum, and indicating that the applicant is competent to be enrolled
40 as an engineer-in-training.
41 (c) In the event the applicant qualifies for assignment to the examina-
42 tion during the last two (2) semesters of college under the provisions of
43 section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
44 tificate will be issued only after the applicant graduates.
45 (4) As a land surveyor-in-training:
46 (a) Graduation from, or in the last two (2) semesters of, an approved
47 surveying curriculum of four (4) years or more in a school or college
48 approved by the board as being of satisfactory standing and indicating
49 that the applicant is competent to be enrolled as a land surveyor-in-
50 training; or
51 (b) Graduation with a bachelor's degree in a related science from a
52 school or college approved by the board, evidence satisfactory to the
53 board that the applicant possesses knowledge and skill approximating that
54 attained through graduation from an approved four (4) year surveying cur-
55 riculum, and indicating that the applicant is competent to be enrolled as
5
1 a land surveyor-in-training.
2 (c) In the event the applicant qualifies for assignment to the examina-
3 tion during the last two (2) semesters of college under the provisions of
4 subsection (4)(a) of this section, and attains a passing grade, a certifi-
5 cate shall be issued only after the applicant graduates.
6 In counting years of experience for assignment to the professional engi-
7 neer or professional land surveyor examination, the board may, at its discre-
8 tion, give credit, not in excess of one (1) year, for satisfactory graduate
9 study toward a master's degree and not in excess of an additional one (1) year
10 for satisfactory graduate study toward a doctorate degree. In the event an
11 applicant obtains a doctorate degree without first obtaining a master's
12 degree, the board may, at its discretion, give credit, not in excess of two
13 (2) years.
14 In considering the combined education and experience qualifications of
15 applicants, the board shall consider engineering teaching, land surveying
16 teaching, each year of satisfactory completion of undergraduate college educa-
17 tion, advanced degrees in engineering and advanced degrees in land surveying
18 in establishing the applicants' minimum composite knowledge and skill.
19 The mere execution, as a contractor, of work designed by a professional
20 engineer, or the supervision of the construction of such work as a foreman or
21 superintendent, shall not be deemed to be the practice of engineering, but if
22 such experience, in the opinion of the board, has involved responsible super-
23 vision of a character that will tend to expand the engineering knowledge and
24 skill of the applicant the board may in its discretion give such credit there-
25 for as it may deem proper.
26 Any person having the necessary qualifications prescribed in this chapter
27 to entitle him to registration shall be eligible for such registration
28 although he may not be practicing his profession at the time of making his
29 application.
30 SECTION 3. That Section 54-1213, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 54-1213. APPLICATIONS AND REGISTRATION FEES. Applications for registra-
33 tion as a professional engineer or professional land surveyor, or certifica-
34 tion as an engineer-in-training or land surveyor-in-training, shall be on
35 forms prescribed and furnished by the board. The application shall be made
36 under oath, and shall show the applicant's education and a detailed summary of
37 his technical and engineering or land surveying experience. An applicant for
38 registration as a professional engineer or professional land surveyor shall
39 furnish not less than five (5) references, of whom three (3) or more should be
40 registered professional engineers or professional land surveyors, as applica-
41 ble, having personal knowledge of the applicant's engineering or land survey-
42 ing experience. An applicant for certification as an engineer-in-training or
43 land surveyor-in-training shall furnish not less than three (3) references of
44 whom at least one (1) should be a registered professional engineer or profes-
45 sional land surveyor, as applicable, having personal knowledge of the
46 applicant's engineering or land surveying experience. Applications for certif-
47 icates of authorization shall be made in accordance with section 54-1235,
48 Idaho Code.
49 The maximum application fee for professional engineers or professional
50 land surveyors seeking to be licensed by an eight (8) hour or longer examina-
51 tion shall be an amount equal to the amount charged the board by the entity
52 preparing and administering the examination, plus an administrative fee not to
53 exceed one hundred dollars ($100). The total application fee shall accompany
6
1 the application.
2 The maximum application fee for an applicant who seeks a certificate as an
3 engineer-in-training or land surveyor-in-training shall be an amount equal to
4 the amount charged the board by the entity preparing and administering the
5 examination, plus an administrative fee not to exceed fifty dollars ($50.00).
6 The application fee shall accompany the application.
7 The maximum application fee for business entities seeking a certificate of
8 authorization shall be two hundred dollars ($200). The application fee shall
9 accompany the application.
10 Separate application fees shall accompany all applications for each of the
11 four (4) classes of examinations: professional land surveyor, engineer-in-
12 training, land surveyor-in-training and professional engineer.
13 The amount of the registration fee or certificate fee shall be fixed by
14 the board prior to June 30th of any year and shall continue in force until
15 changed.
16 Should the board deny the issuance of a certificate of registration or
17 authorization to any applicant, the fee deposited shall be retained as an
18 application fee.
19 SECTION 4. That Section 54-1220, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any affected party may
22 prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
23 violation of any provision of this chapter, or violation of any of the rules
24 promulgated by the board against any individual registrant or against any
25 business entity holding a certificate of authorization or against a person
26 applying for a certificate of authorization. Repeated acts of negligence may
27 be considered as a gross act for disciplinary action. Such charges shall be in
28 writing, and shall be sworn to by the person or persons making them and shall
29 be filed with the executive director of the board. The executive director of
30 the board may shall be considered an affected party and may be the person mak-
31 ing and filing the charges.
32 (2) All charges, unless dismissed by the board as unfounded or trivial,
33 shall be heard by the board within six (6) months after the date they were
34 received at the board office unless such time is extended by the board for
35 justifiable cause.
36 (3) The time and place for said hearing shall be fixed by the board and a
37 copy of the charges, together with a notice of the time and place of hearing,
38 shall be personally served on or mailed to the last known address of such
39 individual registrant or business entity holding a certificate of authoriza-
40 tion at least thirty (30) days before the date fixed for the hearing. The pro-
41 ceedings shall be governed by the provisions of chapter 52, title 67, Idaho
42 Code.
43 (4) If, after such hearing, the board votes in favor of sustaining the
44 charges, the board may, in its discretion, impose an administrative penalty,
45 not to exceed two thousand dollars ($2,000) for deposit in the general account
46 of the state of Idaho. In addition, the board, in its discretion, may admon-
47 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com-
48 bination thereof, the individual's certificate of registration or a business
49 entity's certificate of authorization. The board may also, in its discretion,
50 require the individual to practice under the supervision of another licensee,
51 or require the individual to successfully complete continuing education
52 courses as may be prescribed by the board.
53 (5) The board shall have jurisdiction over registrants whose licenses are
7
1 not current provided the action relates to services performed when the license
2 was current and valid.
3 SECTION 5. That Chapter 12, Title 54, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 54-1236, Idaho Code, and to read as follows:
6 54-1236. EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION ON REQUIRE-
7 MENT FOR ADDITIONAL LICENSES OR FEES. (1) Only the board of registration of
8 professional engineers and professional land surveyors of the state of Idaho
9 is authorized and empowered to issue licenses to persons to practice the pro-
10 fession of engineering or land surveying.
11 (2) No local jurisdiction shall have the authority to require additional
12 licensure or to require payment of any fees in order for any professional
13 engineer or professional land surveyor to engage in the practice of the pro-
14 fession for which the board has issued a license.
STATEMENT OF PURPOSE
RS 13457C1
The purpose of this legislation is to clarify that engineering
experience must be gained after graduation in order to be
considered; to require that a person seeking assignment to the
examination for certification as a land surveyor-in-training or
licensing as a professional land surveyor must have a minimum of
fifteen (15) semester credit hours of surveying courses; to allow
up to two (2) years of experience for graduate education; to
clarify that the Board may charge applicants for the cost of having
the examinations administered by an outside party; to clarify that
the Executive Director is an affected party in disciplinary
matters; and to add a section clarifying that only the Board can
issue licenses for the practice of engineering or land surveying
and prohibiting local jurisdictions from requiring licenses or fees
to engage in the professions of engineering or land surveying.
FISCAL IMPACT
The passage of this legislation will result in allowing the Board
to charge applicants for the cost of having the examinations
administered by an outside party, currently amounting to ninety
dollars ($90) per candidate. There are approximately 315
candidates for license or certificate by examination each year for
a total of approximately $28,315.
CONTACT
Name: Dave Curtis
Agency: Engineering and Land Surveyors
Phone: 334-3860
Statement of Purpose/Fiscal Impact H 485