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H0028aaS........................................................by BUSINESS
ENGINEERS - LAND SURVEYORS - Amends existing law relating to professional
engineers and land surveyors to revise definitions; to revise compensation
for members of the Idaho Board of Registration of Professional Engineers
and Professional Land Surveyors; to revise provisions applicable to the use
of seals, signature and dates on documents; to revise provisions relating
to disciplinary actions; and to provide an exemption for certain work
conducted by professional engineers.
01/18 House intro - 1st rdg - to printing
01/19 Rpt prt - to Bus
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 67-2-1
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Barrett, Harwood
Absent and excused -- Roberts
Floor Sponsor - Rusche
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Com/HuRes
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/08 3rd rdg - FAILED - 15-19-1
AYES -- Bastian, Broadsword, Cameron, Coiner, Corder, Darrington,
Gannon, Goedde, Hammond, McGee, McKenzie, Schroeder, Stegner,
Stennett, Werk
NAYS -- Bair, Bilyeu, Burkett, Davis, Fulcher, Geddes, Heinrich,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
McKague, Pearce, Richardson, Siddoway
Absent and excused -- Andreason
Floor Sponsor - Broadsword
Notice of possible reconsideration - Held at Desk
03/09 Unanimous consent to reconsider granted
Ref'd to 14th Ord
03/13 Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 34-0-1
AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bastian
Floor Sponsor - Broadsword
Title apvd - to House
03/15 House concurred in Senate amens - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 63-3-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27)
NAYS -- Barrett, Moyle, Wood(35)
Absent and excused -- Chavez, Henderson, LeFavour, Mr. Speaker
Floor Sponsor - Ruscshe
Title apvd - to enrol
03/21 Rpt enrol - Sp signed
03/22 Pres signed - To Governor
03/27 Governor signed
Session Law Chapter 219
Effective: 07/01/07 Sections 1, 3, 4 and 5;
07/01/08 Section 2
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 28
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS; AMENDING SECTION
3 54-1202, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORREC-
4 TIONS; AMENDING SECTION 54-1205, IDAHO CODE, TO REVISE COMPENSATION FOR
5 BOARD MEMBERS; AMENDING SECTION 54-1215, IDAHO CODE, TO REVISE PROVISIONS
6 APPLICABLE TO THE USE OF SEALS, SIGNATURE AND DATES ON DOCUMENTS; AMENDING
7 SECTION 54-1220, IDAHO CODE, TO REVISE PROVISIONS RELATING TO DISCIPLINARY
8 ACTIONS; AMENDING SECTION 54-1223, IDAHO CODE, TO PROVIDE AN EXEMPTION FOR
9 CERTAIN WORK CONDUCTED BY PROFESSIONAL ENGINEERS; AMENDING SECTION
10 54-1230, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO PROVIDE FOR A
11 RIGHT OF ENTRY FOR PRIVATE SURVEYING; AMENDING SECTIONS 54-1231, 54-1232
12 AND 54-1233, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE TO REFERENCE PRI-
13 VATE SURVEYING; AND PROVIDING EFFECTIVE DATES.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 54-1202, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 54-1202. DEFINITIONS. As used in this chapter, unless the context or sub-
18 ject matter requires otherwise:
19 (a1) Engineer. The term "engineer" means a person who is qualified to
20 practice engineering by reason of his special knowledge and use of mathemati-
21 cal, physical and engineering sciences, and the principles and methods of
22 engineering analysis and design, acquired by professional education and engi-
23 neering experience.
24 (b2) Professional Engineer. The term "professional engineer" means a per-
25 son who has been duly registered or licensed as a professional engineer by the
26 board under this chapter.
27 (c3) Professional Engineering and Practice of Professional Engineering.
28 The terms "professional engineering" and "practice of professional engineer-
29 ing" mean any service or creative work offered to or performed for the public
30 for any project physically located in this state, such as consultation, inves-
31 tigation, evaluation, planning, designing, teaching upper division engineering
32 design subjects, and responsible charge of observation of construction in con-
33 nection with any public or private utilities, structures, buildings, machines,
34 equipment, processes, works, or projects, wherein the public welfare or the
35 safeguarding of life, health, or property is concerned or involved, when such
36 service requires the application of engineering principles and data. A person
37 shall be construed to practice or offer to practice professional engineering
38 within the meaning and intent of this chapter who practices or offers to prac-
39 tice any of the branches of the profession of engineering for the public for
40 any project physically located in this state or who, by verbal claim, sign,
41 advertisement, letterhead, card, or in any other way represents himself to be
42 a professional engineer or through the use of some other title implies that he
43 is a professional engineer or that he is registered under this chapter, or
2
1 holds himself out as able to perform or who does perform for the public for
2 any project physically located in this state, any engineering service or work
3 or any other service designated by the practitioner which is the practice of
4 professional engineering.
5 (d4) Consulting Engineer. The term "consulting engineer" means a profes-
6 sional engineer whose principal occupation is the independent practice of pro-
7 fessional engineering; whose livelihood is obtained by offering engineering
8 services to the public; who is devoid of public, commercial and product
9 affiliation that might tend to infer a conflict of interest; and who is cogni-
10 zant of his public and legal responsibilities, and is capable of discharging
11 them.
12 (e5) Professional Land Surveyor. The term "professional land surveyor"
13 means a person who is qualified by reason of his knowledge of the principles
14 of land surveying acquired by education and practical experience to engage in
15 the practice of professional land surveying and who has been duly registered
16 or licensed as a professional land surveyor by the board under this chapter.
17 (f6) Professional Land Surveying and Practice of Professional Land Sur-
18 veying. The terms "land surveying" and "professional land surveying" mean
19 responsible charge of surveying of land to determine the correct boundary
20 description, to convey, to establish or reestablish land boundaries, or to
21 plat lands and subdivisions thereof. Any person shall be construed to practice
22 or offer to practice professional land surveying who engages in professional
23 land surveying, or who, by verbal claim, sign, advertisement, letterhead,
24 card, or in any other way represents himself to be a professional land sur-
25 veyor, or who represents himself as able to perform or who does perform any
26 professional land surveying service or work or any other service designated by
27 the practitioner which is professional land surveying.
28 (g7) Board. The term "board" means the Idaho board of registration of
29 professional engineers and professional land surveyors, hereinafter provided
30 by this chapter.
31 (h8) Responsible Charge. The term "responsible charge" means the control
32 and direction of the investigation, studies, design, construction or operation
33 of engineering work, or the control and direction of record research, field
34 retracement, office calculations, boundary determination and mapping of land
35 surveying work, requiring initiative, professional skill, and independent
36 judgment and professional knowledge of the content of relevant documents dur-
37 ing their preparation. Except as allowed under section 54-1223, Idaho Code,
38 reviewing, or reviewing and correcting, documents after they have been pre-
39 pared by others does not constitute the exercise of responsible charge.
40 (i9) Engineer-in-Training. The term "engineer-in-training" means a person
41 who has qualified for, taken and passed an examination in the fundamentals of
42 engineering subjects as provided in this chapter.
43 (j10) Land Surveyor-in-Training. The term "land surveyor-in-training"
44 means a person who has qualified for, taken and passed an examination in the
45 fundamentals of land surveying subjects as provided in this chapter.
46 (k11) Rules of Professional Responsibility. The term "rules of profes-
47 sional responsibility" means those rules, if any, promulgated by the board, as
48 authorized by the Idaho Code.
49 (l12) Public. The term "public" means any person, firm, corporation, part-
50 nership, company, government agency, institution or any other entity recog-
51 nized by law.
52 (m13) Business Entity. The term "business entity" means a corporation,
53 professional corporation, limited liability company, professional limited lia-
54 bility company, general partnership, limited partnership, limited liability
55 partnership, professional limited liability partnership or any other form of
3
1 business except a sole proprietorship.
2 (n14) Signature. The term "signature" shall mean either: an original hand-
3 written message identification containing the name of the person who applied
4 it; or a digital signature which is an electronic authentication process
5 attached to or logically associated with an electronic document. The digital
6 signature must be unique to the person using it; must be capable of verifica-
7 tion; must be under the sole control of the person using it; and must be
8 linked to a document in such a manner that the digital signature is invali-
9 dated if any data in the document is changed.
10 (15) Standard Design Plan. The term "standard design plan" shall mean a
11 building, structure, equipment or facility which is intended to be constructed
12 or sited at multiple locations and for which some or all of the plans must be
13 prepared by a professional engineer.
14 SECTION 2. That Section 54-1205, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 54-1205. COMPENSATION AND EXPENSES OF BOARD MEMBERS. Each member of the
17 board shall be compensated as provided by section 59-509(hi), Idaho Code, when
18 attending to the work of the board or any of its committees and for the time
19 spent in necessary travel; and, in addition thereto, shall be reimbursed for
20 all actual travel, per diem, incidentals and clerical expenses necessarily
21 incurred in carrying out the provisions of this chapter.
22 SECTION 3. That Section 54-1215, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate
25 of registration upon payment of the registration fee as provided for in this
26 chapter to any applicant who, in the opinion of the board, has satisfactorily
27 met all of the requirements of this chapter, and an enrollment certificate
28 shall be issued to those who qualify as engineers-in-training and land
29 surveyors-in-training. In the case of a registered professional engineer, the
30 certificate shall authorize the practice of "professional engineering," and in
31 the case of a registered professional land surveyor the certificate shall au-
32 thorize the practice of "professional land surveying." Certificates of regis-
33 tration shall show the full name of the registrant, shall give a serial regis-
34 tration number, and shall be signed by the chairman and the secretary of the
35 board under seal of the board.
36 (2) The issuance of a certificate of registration by the board shall be
37 prima facie evidence that the person named therein is entitled to all the
38 rights, privileges and responsibilities of a registered professional engineer
39 or of a registered professional land surveyor, provided that said certificate
40 of registration has not expired or has not been suspended or revoked.
41 (3) Each registrant hereunder shall, upon registration, obtain a seal,
42 the use and design of which are described below. It shall be unlawful for any
43 person to affix or to permit his seal and signature to be affixed to any docu-
44 ments after the certificate of the registrant named thereon has expired or has
45 been suspended or revoked, unless said certificate shall have been renewed,
46 reinstated, or reissued, or for the purpose of aiding or abetting any other
47 person to evade or attempt to evade any portion of this chapter.
48 (a) The seal may be a rubber stamp, crimp or electronically generated
49 image. Whenever the seal is applied, the registrant's signature and date
50 shall also be included. If the signature is handwritten, it shall be adja-
51 cent to or across the seal. No further words or wording is required. A
4
1 facsimile signature generated by any method will not be acceptable unless
2 accompanied by a digital signature.
3 (b) The seal, signature and date shall be placed on all final specifica-
4 tions, land surveys, reports, plats, drawings, plans, design information
5 and calculations, whenever presented to a client or any public or govern-
6 mental agency. Any such document presented to a client or public or gov-
7 ernmental agency that is not final and does not contain a seal, signature
8 and date shall be clearly marked as "preliminary," "draft," "not for con-
9 struction" or with similar words to distinguish the document from a final
10 document. In the event the final work product is preliminary in nature or
11 contains the word "preliminary," such as a "preliminary engineering
12 report," the final work product shall be sealed, signed and dated as a
13 final document if the document is intended to be relied upon to make pol-
14 icy decisions important to the life, health, property, or fiscal interest
15 of the public.
16 (c) The seal, signature and date shall be placed on all original docu-
17 ments in such a manner that such seal, signature and date are reproduced
18 when the original document is copied. The application of the registrant's
19 seal, signature and date shall constitute certification that the work
20 thereon was done by him or under his responsible charge. Each plan or
21 drawing sheet shall be sealed and signed by the registrant or registrants
22 responsible for each sheet. In the case of a business entity, each plan or
23 drawing sheet shall be sealed and signed by the registrant or registrants
24 involved. The principal in responsible charge shall sign and seal the
25 title or first sheet. Copies of electronically produced documents, listed
26 in paragraph (b) of this subsection, distributed for informational uses
27 such as for bidding purposes or working copies, may be issued with the
28 registrant's seal and a notice that the original document is on file with
29 the registrant's signature and date. The words "Original Signed By:" and
30 "Date Original Signed:" shall be placed adjacent to or across the seal on
31 the electronic original. The storage location of the original document
32 shall also be provided. Only the title page of reports, specifications and
33 like documents need bear the seal, signature and date of the registrant.
34 (d) The seal and signature shall be used by registrants only when the
35 work being stamped was under the registrant's responsible charge.
36 (e) The design of the seal shall be as determined by the board.
37 (4) The board shall issue to any applicant who, in the opinion of the
38 board, has met the requirements of this chapter, an enrollment certificate or
39 card as an engineer-in-training or land surveyor-in-training, which indicates
40 that his name has been recorded as such in the board office. The engineer-in-
41 training or land surveyor-in-training enrollment card does not authorize the
42 holder to practice as a professional engineer or a professional land surveyor.
43 SECTION 4. That Section 54-1220, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any affected party may
46 prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
47 violation of any provision of this chapter, or violation of any of the rules
48 promulgated by the board against any individual registrant or against any
49 business entity holding a certificate of authorization or against a person
50 applying for a certificate of authorization. Repeated acts of negligence may
51 be considered as a gross act for disciplinary action. Such charges shall be in
52 writing, and shall be sworn to by the person or persons making them and shall
53 be filed with the executive director of the board. The executive director of
5
1 the board shall be considered an affected party and may be the person making
2 and filing the charges.
3 (2) All charges, unless dismissed by the board as unfounded or trivial,
4 or unless settled informally, shall be heard by the board within six (6)
5 months after the date they were received at the board office unless such time
6 is extended by the board for justifiable cause.
7 (3) The time and place for said hearing shall be fixed by the board and a
8 copy of the charges, together with a notice of the time and place of hearing,
9 shall be personally served on or mailed to the last known address of such
10 individual registrant or business entity holding a certificate of authoriza-
11 tion. at least thirty (30) days before the date fixed for the hearing. The
12 proceedings shall be governed by the provisions of chapter 52, title 67, Idaho
13 Code.
14 (4) If, after such hearing, the board votes in favor of sustaining the
15 charges, the board may, in its discretion, impose an administrative penalty,
16 not to exceed two thousand dollars ($2,000) for deposit in the general account
17 of the state of Idaho. In addition, the board, in its discretion, may admon-
18 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com-
19 bination thereof, the individual's certificate of registration or a business
20 entity's certificate of authorization. The board may also, in its discretion,
21 require the individual to practice under the supervision of another licensee,
22 or require the individual to successfully complete continuing education
23 courses as may be prescribed by the board.
24 (5) The board shall have jurisdiction over registrants whose licenses are
25 not current provided the action relates to services performed when the license
26 was current and valid.
27 SECTION 5. That Section 54-1223, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 54-1223. SAVING CLAUSE -- EXEMPTIONS. (1) This chapter shall not be con-
30 strued to affect:
31 (a) The practice of any other profession or trade for which a license is
32 required under any law of this state or the United States.
33 (b) The work of an employee or a subordinate of a person holding a cer-
34 tificate of registration under this chapter, provided such work does not
35 include final engineering design or land surveying decisions and is done
36 under the direct responsibility, checking, and supervision of, and veri-
37 fied by, a person holding a certificate of registration under this chap-
38 ter.
39 (c) Any individual teaching upper division engineering subjects that are
40 classified as engineering design for any college or university in this
41 state as of July 1, 1988, and any such individual employed after July 1,
42 1988, for a period of five (5) years from the date of employment with any
43 college or university in this state.
44 (d) An individual doing surveying work for himself, or through a business
45 entity, on property owned or leased by the individual or business entity,
46 or in which the individual or business entity has an interest, estate or
47 possessory right and which affects exclusively the property or interests
48 of the individual or business entity; provided, that all land surveying
49 maps, plats or plans filed with any county recorder's office in the state
50 of Idaho for the purpose of illustrating or defining boundaries of prop-
51 erty ownership, shall be made and certified by a registered, professional
52 land surveyor as provided in this chapter.
53 (e) An individual doing survey work for himself, or through a business
6
1 entity with respect to the location, amendment, or relocation of a mining
2 claim.
3 (f) The practice of engineering by employees of a business entity as long
4 as the services provided by them are for internal business entity use
5 only.
6 (2) The board, at its discretion, may exempt an exceptional individual
7 who has twelve (12) or more years of appropriate experience in engineering
8 from the requirement for satisfactory completion of an examination in the
9 fundamentals of engineering.
10 (3) An applicant for licensure as a professional engineer either by exam-
11 ination or by comity who has earned a bachelor degree in engineering from an
12 approved engineering program and has, in addition, earned a doctorate degree
13 in engineering from a college or university which offers an approved under-
14 graduate program in the same discipline as the doctorate degree earned, shall
15 be exempt from the requirement for satisfactory completion of an examination
16 in the fundamentals of engineering. Honorary doctorate degrees are not consid-
17 ered earned degrees for purposes of this subsection.
18 (4) 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 (5) A professional engineer licensed in Idaho may review the work of a
25 professional engineer who is licensed in another jurisdiction of the United
26 States or a foreign country on a project that is a site adaptation of a stan-
27 dard design plan to determine that the standard design plan meets the standard
28 of care and is applicable to the intended circumstance, with or without modi-
29 fication. The Idaho professional engineer shall demonstrate responsible
30 charge, as defined in this chapter, by performing professional services
31 related to his assignment including developing or obtaining a complete design
32 record with design criteria and calculations, performing necessary code
33 research and developing any necessary and appropriate changes to the standard
34 design plan necessary to properly apply the standard design to the intended
35 circumstance. The nonprofessional services, such as drafting, need not be
36 redone by the Idaho professional engineer, but must clearly and accurately
37 reflect the Idaho professional engineer's work. The burden is on the Idaho
38 professional engineer to show such compliance. The Idaho professional engineer
39 shall have control of and responsibility for the entire work product, shall
40 seal, sign and date it as required in this chapter, and shall be in possession
41 of all original documents or certified copies of documents related to the pro-
42 fessional engineer's work for the project.
43 SECTION 6. That Section 54-1230, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-1230. PUBLIC OR PRIVATE SURVEYING -- RIGHT OF ENTRY. (1) Any person
46 employed in the execution of any survey authorized by the congress of the
47 United States may enter upon lands within this state for the purpose of
48 exploring, triangulating, leveling, surveying, and of doing any work which may
49 be necessary to carry out the objects of then existing laws relative to sur-
50 veys, and may establish permanent station marks, and erect the necessary sig-
51 nals and temporary observatories, doing no unnecessary injury thereby.
52 (2) A professional land surveyor licensed pursuant to the provisions of
53 this chapter, and his subordinates, who in the course of work find it neces-
7
1 sary to go upon the land of a party or parties other than the one for whom the
2 survey is being made, shall not be guilty of trespass but shall be liable for
3 any damage done to such land or property. The person making a survey under
4 this subsection (2) shall make every reasonable effort to give oral or written
5 notice of the survey to the owner of the land before entering the land.
6 SECTION 7. That Section 54-1231, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-1231. PUBLIC OR PRIVATE SURVEYING -- ASSESSMENT OF DAMAGES FOR ENTRY.
9 If the parties interested cannot agree upon the amount to be paid for damages
10 caused thereby, either of them may petition the district court in the county
11 in which the land is situated, which court shall appoint a time for a hearing
12 as soon as may be, and order at least twenty (20) days' notice to be given to
13 all parties interested, and, with or without a view of the premises, as the
14 court may determine, hear the parties and their witnesses and assess damages.
15 SECTION 8. That Section 54-1232, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 54-1232. PUBLIC OR PRIVATE SURVEYING -- TENDER OF DAMAGES FOR ENTRY. The
18 person so entering upon land may tender to the injured party damages therefor,
19 and if, in case of petition or complaint to the court, the damages finally
20 assessed do not exceed the amount tendered, the person entering shall recover
21 costs; otherwise the prevailing party shall recover costs.
22 SECTION 9. That Section 54-1233, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 54-1233. PUBLIC OR PRIVATE SURVEYING -- COSTS OF ASSESSMENT OF DAMAGES.
25 The costs to be allowed in all such cases shall be the same as allowed accord-
26 ing to the rules of the court, and provisions of law relating thereto.
27 SECTION 10. Sections 1, 3, 4, 5, 6, 7, 8 and 9 of this act shall be in
28 full force and effect on and after July 1, 2007. Section 2 of this act shall
29 be in full force and effect on and after July 1, 2008.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Broadsword
Seconded by Werk
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 28
1 AMENDMENTS TO THE BILL
2 On page 6 of the printed bill, delete lines 42 through 53; and delete all
3 of page 7 and insert:
4 "SECTION 6. Sections 1, 3, 4 and 5 of this act shall be in full force and
5 effect on and after July 1, 2007. Section 2 of this act shall be in full force
6 and effect on and after July 1, 2008.".
7 CORRECTION TO TITLE
8 On page 1, delete lines 9 through 13 and insert: "CERTAIN WORK CONDUCTED
9 BY PROFESSIONAL ENGINEERS; AND PROVIDING EFFECTIVE DATES.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 28, As Amended in the Senate
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS; AMENDING SECTION
3 54-1202, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORREC-
4 TIONS; AMENDING SECTION 54-1205, IDAHO CODE, TO REVISE COMPENSATION FOR
5 BOARD MEMBERS; AMENDING SECTION 54-1215, IDAHO CODE, TO REVISE PROVISIONS
6 APPLICABLE TO THE USE OF SEALS, SIGNATURE AND DATES ON DOCUMENTS; AMENDING
7 SECTION 54-1220, IDAHO CODE, TO REVISE PROVISIONS RELATING TO DISCIPLINARY
8 ACTIONS; AMENDING SECTION 54-1223, IDAHO CODE, TO PROVIDE AN EXEMPTION FOR
9 CERTAIN WORK CONDUCTED BY PROFESSIONAL ENGINEERS; AND PROVIDING EFFECTIVE
10 DATES.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. 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 (a1) 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 (b2) 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 (c3) 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
2
1 professional engineering.
2 (d4) Consulting Engineer. The term "consulting engineer" means a profes-
3 sional engineer whose principal occupation is the independent practice of pro-
4 fessional engineering; whose livelihood is obtained by offering engineering
5 services to the public; who is devoid of public, commercial and product
6 affiliation that might tend to infer a conflict of interest; and who is cogni-
7 zant of his public and legal responsibilities, and is capable of discharging
8 them.
9 (e5) Professional Land Surveyor. The term "professional land surveyor"
10 means a person who is qualified by reason of his knowledge of the principles
11 of land surveying acquired by education and practical experience to engage in
12 the practice of professional land surveying and who has been duly registered
13 or licensed as a professional land surveyor by the board under this chapter.
14 (f6) Professional Land Surveying and Practice of Professional Land Sur-
15 veying. The terms "land surveying" and "professional land surveying" mean
16 responsible charge of surveying of land to determine the correct boundary
17 description, to convey, to establish or reestablish land boundaries, or to
18 plat lands and subdivisions thereof. Any person shall be construed to practice
19 or offer to practice professional land surveying who engages in professional
20 land surveying, or who, by verbal claim, sign, advertisement, letterhead,
21 card, or in any other way represents himself to be a professional land sur-
22 veyor, or who represents himself as able to perform or who does perform any
23 professional land surveying service or work or any other service designated by
24 the practitioner which is professional land surveying.
25 (g7) Board. The term "board" means the Idaho board of registration of
26 professional engineers and professional land surveyors, hereinafter provided
27 by this chapter.
28 (h8) Responsible Charge. The term "responsible charge" means the control
29 and direction of the investigation, studies, design, construction or operation
30 of engineering work, or the control and direction of record research, field
31 retracement, office calculations, boundary determination and mapping of land
32 surveying work, requiring initiative, professional skill, and independent
33 judgment and professional knowledge of the content of relevant documents dur-
34 ing their preparation. Except as allowed under section 54-1223, Idaho Code,
35 reviewing, or reviewing and correcting, documents after they have been pre-
36 pared by others does not constitute the exercise of responsible charge.
37 (i9) Engineer-in-Training. The term "engineer-in-training" means a person
38 who has qualified for, taken and passed an examination in the fundamentals of
39 engineering subjects as provided in this chapter.
40 (j10) Land Surveyor-in-Training. The term "land surveyor-in-training"
41 means a person who has qualified for, taken and passed an examination in the
42 fundamentals of land surveying subjects as provided in this chapter.
43 (k11) Rules of Professional Responsibility. The term "rules of profes-
44 sional responsibility" means those rules, if any, promulgated by the board, as
45 authorized by the Idaho Code.
46 (l12) Public. The term "public" means any person, firm, corporation, part-
47 nership, company, government agency, institution or any other entity recog-
48 nized by law.
49 (m13) Business Entity. The term "business entity" means a corporation,
50 professional corporation, limited liability company, professional limited lia-
51 bility company, general partnership, limited partnership, limited liability
52 partnership, professional limited liability partnership or any other form of
53 business except a sole proprietorship.
54 (n14) Signature. The term "signature" shall mean either: an original hand-
55 written message identification containing the name of the person who applied
3
1 it; or a digital signature which is an electronic authentication process
2 attached to or logically associated with an electronic document. The digital
3 signature must be unique to the person using it; must be capable of verifica-
4 tion; must be under the sole control of the person using it; and must be
5 linked to a document in such a manner that the digital signature is invali-
6 dated if any data in the document is changed.
7 (15) Standard Design Plan. The term "standard design plan" shall mean a
8 building, structure, equipment or facility which is intended to be constructed
9 or sited at multiple locations and for which some or all of the plans must be
10 prepared by a professional engineer.
11 SECTION 2. That Section 54-1205, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 54-1205. COMPENSATION AND EXPENSES OF BOARD MEMBERS. Each member of the
14 board shall be compensated as provided by section 59-509(hi), Idaho Code, when
15 attending to the work of the board or any of its committees and for the time
16 spent in necessary travel; and, in addition thereto, shall be reimbursed for
17 all actual travel, per diem, incidentals and clerical expenses necessarily
18 incurred in carrying out the provisions of this chapter.
19 SECTION 3. That Section 54-1215, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate
22 of registration upon payment of the registration fee as provided for in this
23 chapter to any applicant who, in the opinion of the board, has satisfactorily
24 met all of the requirements of this chapter, and an enrollment certificate
25 shall be issued to those who qualify as engineers-in-training and land
26 surveyors-in-training. In the case of a registered professional engineer, the
27 certificate shall authorize the practice of "professional engineering," and in
28 the case of a registered professional land surveyor the certificate shall au-
29 thorize the practice of "professional land surveying." Certificates of regis-
30 tration shall show the full name of the registrant, shall give a serial regis-
31 tration number, and shall be signed by the chairman and the secretary of the
32 board under seal of the board.
33 (2) The issuance of a certificate of registration by the board shall be
34 prima facie evidence that the person named therein is entitled to all the
35 rights, privileges and responsibilities of a registered professional engineer
36 or of a registered professional land surveyor, provided that said certificate
37 of registration has not expired or has not been suspended or revoked.
38 (3) Each registrant hereunder shall, upon registration, obtain a seal,
39 the use and design of which are described below. It shall be unlawful for any
40 person to affix or to permit his seal and signature to be affixed to any docu-
41 ments after the certificate of the registrant named thereon has expired or has
42 been suspended or revoked, unless said certificate shall have been renewed,
43 reinstated, or reissued, or for the purpose of aiding or abetting any other
44 person to evade or attempt to evade any portion of this chapter.
45 (a) The seal may be a rubber stamp, crimp or electronically generated
46 image. Whenever the seal is applied, the registrant's signature and date
47 shall also be included. If the signature is handwritten, it shall be adja-
48 cent to or across the seal. No further words or wording is required. A
49 facsimile signature generated by any method will not be acceptable unless
50 accompanied by a digital signature.
51 (b) The seal, signature and date shall be placed on all final specifica-
4
1 tions, land surveys, reports, plats, drawings, plans, design information
2 and calculations, whenever presented to a client or any public or govern-
3 mental agency. Any such document presented to a client or public or gov-
4 ernmental agency that is not final and does not contain a seal, signature
5 and date shall be clearly marked as "preliminary," "draft," "not for con-
6 struction" or with similar words to distinguish the document from a final
7 document. In the event the final work product is preliminary in nature or
8 contains the word "preliminary," such as a "preliminary engineering
9 report," the final work product shall be sealed, signed and dated as a
10 final document if the document is intended to be relied upon to make pol-
11 icy decisions important to the life, health, property, or fiscal interest
12 of the public.
13 (c) The seal, signature and date shall be placed on all original docu-
14 ments in such a manner that such seal, signature and date are reproduced
15 when the original document is copied. The application of the registrant's
16 seal, signature and date shall constitute certification that the work
17 thereon was done by him or under his responsible charge. Each plan or
18 drawing sheet shall be sealed and signed by the registrant or registrants
19 responsible for each sheet. In the case of a business entity, each plan or
20 drawing sheet shall be sealed and signed by the registrant or registrants
21 involved. The principal in responsible charge shall sign and seal the
22 title or first sheet. Copies of electronically produced documents, listed
23 in paragraph (b) of this subsection, distributed for informational uses
24 such as for bidding purposes or working copies, may be issued with the
25 registrant's seal and a notice that the original document is on file with
26 the registrant's signature and date. The words "Original Signed By:" and
27 "Date Original Signed:" shall be placed adjacent to or across the seal on
28 the electronic original. The storage location of the original document
29 shall also be provided. Only the title page of reports, specifications and
30 like documents need bear the seal, signature and date of the registrant.
31 (d) The seal and signature shall be used by registrants only when the
32 work being stamped was under the registrant's responsible charge.
33 (e) The design of the seal shall be as determined by the board.
34 (4) The board shall issue to any applicant who, in the opinion of the
35 board, has met the requirements of this chapter, an enrollment certificate or
36 card as an engineer-in-training or land surveyor-in-training, which indicates
37 that his name has been recorded as such in the board office. The engineer-in-
38 training or land surveyor-in-training enrollment card does not authorize the
39 holder to practice as a professional engineer or a professional land surveyor.
40 SECTION 4. That Section 54-1220, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any affected party may
43 prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
44 violation of any provision of this chapter, or violation of any of the rules
45 promulgated by the board against any individual registrant or against any
46 business entity holding a certificate of authorization or against a person
47 applying for a certificate of authorization. Repeated acts of negligence may
48 be considered as a gross act for disciplinary action. Such charges shall be in
49 writing, and shall be sworn to by the person or persons making them and shall
50 be filed with the executive director of the board. The executive director of
51 the board shall be considered an affected party and may be the person making
52 and filing the charges.
53 (2) All charges, unless dismissed by the board as unfounded or trivial,
5
1 or unless settled informally, shall be heard by the board within six (6)
2 months after the date they were received at the board office unless such time
3 is extended by the board for justifiable cause.
4 (3) The time and place for said hearing shall be fixed by the board and a
5 copy of the charges, together with a notice of the time and place of hearing,
6 shall be personally served on or mailed to the last known address of such
7 individual registrant or business entity holding a certificate of authoriza-
8 tion. at least thirty (30) days before the date fixed for the hearing. The
9 proceedings shall be governed by the provisions of chapter 52, title 67, Idaho
10 Code.
11 (4) If, after such hearing, the board votes in favor of sustaining the
12 charges, the board may, in its discretion, impose an administrative penalty,
13 not to exceed two thousand dollars ($2,000) for deposit in the general account
14 of the state of Idaho. In addition, the board, in its discretion, may admon-
15 ish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any com-
16 bination thereof, the individual's certificate of registration or a business
17 entity's certificate of authorization. The board may also, in its discretion,
18 require the individual to practice under the supervision of another licensee,
19 or require the individual to successfully complete continuing education
20 courses as may be prescribed by the board.
21 (5) The board shall have jurisdiction over registrants whose licenses are
22 not current provided the action relates to services performed when the license
23 was current and valid.
24 SECTION 5. That Section 54-1223, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-1223. SAVING CLAUSE -- EXEMPTIONS. (1) This chapter shall not be con-
27 strued to affect:
28 (a) 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 (b) The work of an employee or a subordinate of a person holding a cer-
31 tificate of registration under this chapter, provided such work does not
32 include final engineering design or land surveying decisions and is done
33 under the direct responsibility, checking, and supervision of, and veri-
34 fied by, a person holding a certificate of registration under this chap-
35 ter.
36 (c) Any individual teaching upper division engineering subjects that are
37 classified as engineering design for any college or university in this
38 state as of July 1, 1988, and any such individual employed after July 1,
39 1988, for a period of five (5) years from the date of employment with any
40 college or university in this state.
41 (d) An individual doing surveying work for himself, or through a business
42 entity, on property owned or leased by the individual or business entity,
43 or in which the individual or business entity has an interest, estate or
44 possessory right and which affects exclusively the property or interests
45 of the individual or business entity; provided, that all land surveying
46 maps, plats or plans filed with any county recorder's office in the state
47 of Idaho for the purpose of illustrating or defining boundaries of prop-
48 erty ownership, shall be made and certified by a registered, professional
49 land surveyor as provided in this chapter.
50 (e) An individual doing survey work for himself, or through a business
51 entity with respect to the location, amendment, or relocation of a mining
52 claim.
53 (f) The practice of engineering by employees of a business entity as long
6
1 as the services provided by them are for internal business entity use
2 only.
3 (2) The board, at its discretion, may exempt an exceptional individual
4 who has twelve (12) or more years of appropriate experience in engineering
5 from the requirement for satisfactory completion of an examination in the
6 fundamentals of engineering.
7 (3) An applicant for licensure as a professional engineer either by exam-
8 ination or by comity who has earned a bachelor degree in engineering from an
9 approved engineering program and has, in addition, earned a doctorate degree
10 in engineering from a college or university which offers an approved under-
11 graduate program in the same discipline as the doctorate degree earned, shall
12 be exempt from the requirement for satisfactory completion of an examination
13 in the fundamentals of engineering. Honorary doctorate degrees are not consid-
14 ered earned degrees for purposes of this subsection.
15 (4) In addition to, and notwithstanding other provisions of this chapter,
16 in circumstances of emergency creating conditions of imminent and substantial
17 danger to the public health, safety or environment through the provision of
18 engineering services, the prosecuting attorney or the attorney general may
19 institute a civil action for an immediate injunction to halt the provision of
20 engineering services.
21 (5) A professional engineer licensed in Idaho may review the work of a
22 professional engineer who is licensed in another jurisdiction of the United
23 States or a foreign country on a project that is a site adaptation of a stan-
24 dard design plan to determine that the standard design plan meets the standard
25 of care and is applicable to the intended circumstance, with or without modi-
26 fication. The Idaho professional engineer shall demonstrate responsible
27 charge, as defined in this chapter, by performing professional services
28 related to his assignment including developing or obtaining a complete design
29 record with design criteria and calculations, performing necessary code
30 research and developing any necessary and appropriate changes to the standard
31 design plan necessary to properly apply the standard design to the intended
32 circumstance. The nonprofessional services, such as drafting, need not be
33 redone by the Idaho professional engineer, but must clearly and accurately
34 reflect the Idaho professional engineer's work. The burden is on the Idaho
35 professional engineer to show such compliance. The Idaho professional engineer
36 shall have control of and responsibility for the entire work product, shall
37 seal, sign and date it as required in this chapter, and shall be in possession
38 of all original documents or certified copies of documents related to the pro-
39 fessional engineer's work for the project.
40 SECTION 6. Sections 1, 3, 4 and 5 of this act shall be in full force and
41 effect on and after July 1, 2007. Section 2 of this act shall be in full force
42 and effect on and after July 1, 2008.
STATEMENT OF PURPOSE
RS 16495C2
This legislation will modify the definition of “responsible
charge” to reduce the practice of aiding and abetting unlicensed
persons, and it will define “standard design plan” as used in
the act. It will increase the honorarium for Board Members from
$50 per day to $75 per day. It will clarify that a professional
seal, signature and date are required on final work products
which are labeled “preliminary” if they are intended to be
relied upon to make policy decisions important to life, health,
property or fiscal interest of the public. It will clarify that
documents should be sealed, signed and dated in such a manner
that the seal, signature and date are reproduced when the
original document is copied. It will delete conflicting
language regarding a principal sealing the title sheet. It will
delete language that is in conflict with the Administrative
Procedures Act. It will provide an exemption from the
“responsible charge” definition in circumstances where a
“standard design plan” will be used. It will exempt private
practice professional land surveyors from trespass violations
when conducting surveys necessitating access to property, but
will hold them accountable for any damages they might cause.
FISCAL NOTE
This legislation will require an additional personnel
appropriation for FY 2009 of approximately $7500 in order to pay
the additional honorarium to the Board Members. The money would
come from the agency’s dedicated funds.
CONTACT
Name: David Curtis
Agency: Board of Engineers & Land Surveyors
Phone: 373-7210
STATEMENT OF PURPOSE/FISCAL NOTE H 28