View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2004IN 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,withincluding a minimum of fifteen (15) 15 semester creditshours inlandsurveying,engineering, mathematics or16related 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,withincluding a minimum of fifteen (15) 52 semester creditshours inlandsurveying,engineering, mathematics or53related 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 boardmayshall 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