HOUSE BILL NO. 380

2008 Legislation

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HOUSE BILL NO. 380<br /> – Engineers/land surveyor law revised

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Bill Status


H0380aa,aa,aaS..................................................by BUSINESS
ENGINEERS AND LAND SURVEYORS - Amends existing law to provide for revised
monument requirements; to provide that a land surveyor must become duly
licensed; to provide the Board of Professional Engineers and Professional
Land Surveyors the power to adopt and amend administrative rules; to
provide that the certified minutes of the board's records be admissible in
evidence; to provide for the board to submit to the Governor a summary
yearly statement of its receipts and expenditures; to provide that any
person having the necessary qualifications be entitled to be eligible for
an examination for licensure or certification; to provide that applications
for licensure must show the applicant's technical experience; to provide
certain requirements that warrant assignment to a subsequent examination;
to provide for the removal of the engineer intern's or land surveyor
intern's name from the board's current list of certificate holders for
failure to timely meet certificate renewal requirements; to provide for the
waiving of certain licensure requirements for applicants; to revise an
administrative penalty; to provide for the enforcement of provisions
relating to unlicensed practice; to provide for magnetically detectable
monuments; to provide for penalties if any person prepares construction
documents which do not indicate the existence of such monuments and the
construction results in defacing, injury or removal of such monuments; and
to revise terminology.

01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Bus
02/22    Rpt out - to Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
02/29    3rd rdg as amen - Ret'd to Bus
03/06    Rpt out - to Gen Ord
03/11    Rpt out amen - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/13    2nd rdg - to 3rd rdg as amen
03/14    3rd rdg as amen - PASSED - 60-7-3
      AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hart, Henderson, Killen,
      King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott,
      Mathews, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart,
      Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(02), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wood(27),
      Mr. Speaker
      NAYS -- Andrus, Barrett, Harwood, Jaquet, Moyle, Shepherd(08),
      Wood(35)
      Absent and excused -- Hagedorn, Henbest, Wills
    Floor Sponsor - Rusche
    Title apvd - to Senate
03/17    Senate intro - 1st rdg - to Com/HuRes
03/24    Rpt out - to 14th Ord
03/26    Rpt out amen - to 1st rdg as amen
03/27    1st rdg - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
03/31    3rd rdg as amen - PASSED - 26-6-3
      AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Fulcher, Gannon(Gannon), Goedde, Hammond,
      Hill, Jorgenson, Kelly, Keough, Lodge, Malepeai(Sagness), McGee,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- Bair, Davis, Geddes, Heinrich, Little, McKague
      Absent and excused -- Langhorst, McKenzie, Pearce
    Floor Sponsor - Werk
    Title apvd - Held for reconsideration
04/01    No motion for reconsideration received - to House
04/01    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 60-5-5
      AYES -- Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock, Boe, Bolz,
      Bowers, Brackett, Bradford, Chavez, Chew, Clark, Collins, Crane,
      Durst, Eskridge, Hart, Harwood, Henderson, Jaquet, Killen, King,
      Kren, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Hagedorn, Labrador, Moyle, Shepherd(08)
      Absent and excused -- Anderson, Black, Chadderdon, Henbest, Ruchti
    Floor Sponsor - Rusche
    Title apvd - to enrol - Rpt enrol - Sp signed
04/02    Pres signed - To Governor
04/09    Governor signed
         Session Law Chapter 378
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 380

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND  SURVEYORS;  AMENDING
  3        SECTION  50-1303, IDAHO CODE, TO PROVIDE FOR REVISED MONUMENT REQUIREMENTS
  4        FOR CENTERLINE INTERSECTIONS, POINTS WHERE THE CENTERLINE  CHANGES  DIREC-
  5        TION,  POINTS,  WITNESS CORNERS, REFERENCE MONUMENTS AND BLOCK CORNERS, TO
  6        REVISE TERMINOLOGY AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
  7        54-1201,  IDAHO  CODE,  TO  PROVIDE THAT, UNLESS EXEMPTED BY IDAHO CODE, A
  8        LAND SURVEYOR MUST BECOME DULY LICENSED AS A PROFESSIONAL LAND SURVEYOR BY
  9        THE BOARD OF LICENSURE OF PROFESSIONAL  ENGINEERS  AND  PROFESSIONAL  LAND
 10        SURVEYORS  TO  BE  ALLOWED  TO PRACTICE PROFESSIONAL LAND SURVEYING AND TO
 11        REVISE TERMINOLOGY; AMENDING SECTION 54-1202, IDAHO CODE, TO REVISE  DEFI-
 12        NITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1203, IDAHO
 13        CODE,  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION 54-1204, IDAHO CODE, TO
 14        REVISE TERMINOLOGY; AMENDING SECTION 54-1208, IDAHO CODE,  TO  REMOVE  THE
 15        POWER  OF  THE  BOARD  TO ADOPT AND AMEND BYLAWS, TO PROVIDE THE BOARD THE
 16        POWER TO ADOPT AND AMEND ADMINISTRATIVE RULES, TO CLARIFY CONTINUING  EDU-
 17        CATION  REQUIREMENTS, TO PROVIDE THE CLASSIFICATION OF CERTAIN INDIVIDUALS
 18        AS EMPLOYEES UNDER CERTAIN CONDITIONS  FOR  PURPOSES  OF  THE  IDAHO  TORT
 19        CLAIMS  ACT,  TO  REVISE  TERMINOLOGY AND TO CLARIFY TERMINOLOGY; AMENDING
 20        SECTION 54-1210, IDAHO CODE, TO REMOVE  A  REQUIREMENT  THAT  A  CERTIFIED
 21        TRANSCRIPT  OF  THE  BOARD'S RECORDS BE ADMISSIBLE IN EVIDENCE, TO PROVIDE
 22        THAT THE CERTIFIED MINUTES OF THE BOARD'S RECORDS BE  ADMISSIBLE  IN  EVI-
 23        DENCE,  TO  REMOVE  A  REQUIREMENT THAT THE BOARD SUBMIT TO THE GOVERNOR A
 24        COMPLETE YEARLY STATEMENT OF ITS RECEIPTS AND  EXPENDITURES,  ATTESTED  BY
 25        AFFIDAVITS OF ITS CHAIRMAN AND SECRETARY, TO PROVIDE FOR THE BOARD TO SUB-
 26        MIT  TO THE GOVERNOR A SUMMARY YEARLY STATEMENT OF ITS RECEIPTS AND EXPEN-
 27        DITURES AND TO REVISE TERMINOLOGY; AMENDING SECTION 54-1211,  IDAHO  CODE,
 28        TO  REVISE  TERMINOLOGY; AMENDING SECTION 54-1212, IDAHO CODE, TO REMOVE A
 29        PROVISION PROVIDING THAT ANY PERSON HAVING THE NECESSARY QUALIFICATIONS BE
 30        ENTITLED TO BE ELIGIBLE FOR REGISTRATION, TO PROVIDE THAT ANY PERSON  HAV-
 31        ING  THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE TO ASSIGNMENT
 32        TO AN EXAMINATION FOR LICENSURE OR CERTIFICATION, TO  REVISE  TERMINOLOGY,
 33        TO  CLARIFY  TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 34        TION 54-1212, IDAHO CODE, AS AMENDED BY SECTION 1, CHAPTER  125,  LAWS  OF
 35        2002,  AS  AMENDED  BY  SECTION 2, CHAPTER 15, LAWS OF 2003, AS AMENDED BY
 36        SECTION 2, CHAPTER 84, LAWS OF 2004, TO REMOVE A PROVISION PROVIDING  THAT
 37        ANY  PERSON HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE
 38        FOR REGISTRATION, TO PROVIDE THAT ANY PERSON HAVING THE NECESSARY QUALIFI-
 39        CATIONS BE ENTITLED TO BE ELIGIBLE TO ASSIGNMENT  TO  AN  EXAMINATION  FOR
 40        LICENSURE OR CERTIFICATION, TO REVISE TERMINOLOGY AND TO CLARIFY TERMINOL-
 41        OGY;  AMENDING  SECTION  54-1213, IDAHO CODE, TO STRIKE LANGUAGE PROVIDING
 42        THAT APPLICATIONS FOR LICENSURE MUST SHOW THE APPLICANT'S TECHNICAL  EXPE-
 43        RIENCE, TO REMOVE A PROVISION REQUIRING SEPARATE APPLICATION FEES, TO PRO-
 44        VIDE THAT IF A CERTIFICATE OR LICENSE IS DENIED, THE BOARD WILL RETAIN THE
 45        FEE  PAID  AS A PROCESSING FEE AND TO REVISE TERMINOLOGY; AMENDING SECTION
 46        54-1214, IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS THAT WARRANT  ASSIGN-

                                       2

  1        MENT TO A SUBSEQUENT EXAMINATION IN THE EVENT AN EXAMINEE FAILS THE EXAMI-
  2        NATION FOR THE FIRST, SECOND, THIRD OR SUBSEQUENT TIME, TO REMOVE A PROVI-
  3        SION  ALLOWING  THE  BOARD TO PUBLISH A BROCHURE OF SPECIFICATIONS FOR THE
  4        WRITTEN EXAMINATION, TO REVISE TERMINOLOGY  AND  TO  CLARIFY  TERMINOLOGY;
  5        AMENDING  SECTION 54-1215, IDAHO CODE, TO REMOVE A PROVISION FOR THE ISSU-
  6        ANCE OF A  CARD  INDICATING  THAT  AN  ENGINEER-IN-TRAINING'S  OR  A  LAND
  7        SURVEYOR-IN-TRAINING'S  NAME  HAS  BEEN  RECORDED  AS  SUCH IN THE BOARD'S
  8        OFFICE, TO REVISE TERMINOLOGY, TO CLARIFY TERMINOLOGY AND TO MAKE  TECHNI-
  9        CAL  CORRECTIONS; AMENDING SECTION 54-1216, IDAHO CODE, TO REMOVE A PROVI-
 10        SION FOR A MAXIMUM FEE FOR DELAYED RENEWAL FOR EACH BIENNIUM  DELINQUENCY,
 11        TO PROVIDE A MAXIMUM FEE FOR DELAYED RENEWAL FOR EACH RENEWAL CYCLE DELIN-
 12        QUENCY, TO REMOVE A PROVISION FOR THE REMOVAL OF AN ENGINEER-IN-TRAINING'S
 13        OR  A  LAND  SURVEYOR-IN-TRAINING'S NAME FROM THE BOARD'S CURRENT LIST FOR
 14        FAILURE TO TIMELY MEET CERTIFICATE OF ENROLLMENT REQUIREMENTS, TO  PROVIDE
 15        FOR  THE  REMOVAL  OF  AN ENGINEER INTERN'S OR LAND SURVEYOR INTERN'S NAME
 16        FROM THE BOARD'S MAILING LIST FOR  FAILURE  TO  MEET  CERTIFICATE  RENEWAL
 17        REQUIREMENTS  AND  TO  REVISE TERMINOLOGY; AMENDING SECTION 54-1218, IDAHO
 18        CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 54-1219, IDAHO CODE, TO PRO-
 19        VIDE FOR THE WAIVING OF CERTAIN LICENSURE REQUIREMENTS FOR APPLICANTS  WHO
 20        ARE  LICENSED  IN OTHER JURISDICTIONS AND WHO MEET CERTAIN CRITERIA AND TO
 21        REVISE TERMINOLOGY; AMENDING SECTION 54-1220, IDAHO CODE, TO  REMOVE  CER-
 22        TAIN  PROCEDURAL  AND  NOTICE  REQUIREMENTS FOR A DISCIPLINARY HEARING, TO
 23        REVISE AN ADMINISTRATIVE PENALTY, TO REVISE  TERMINOLOGY  AND  TO  CLARIFY
 24        TERMINOLOGY;  AMENDING  SECTION 54-1221, IDAHO CODE, TO REMOVE A PROVISION
 25        FOR THE REPLACEMENT OF A CERTIFICATE SUBJECT TO THE  RULES  OF  THE  BOARD
 26        UPON  PAYMENT  OF THE ESTIMATED COST OF INVESTIGATION AND TO REVISE TERMI-
 27        NOLOGY; AMENDING SECTION 54-1222, IDAHO CODE, TO PROVIDE FOR THE  ENFORCE-
 28        MENT  BY THE ATTORNEY GENERAL OF CHAPTER PROVISIONS RELATING TO UNLICENSED
 29        PRACTICE AND FOR THE PROSECUTION OF ANY UNLICENSED PERSON WITH  REIMBURSE-
 30        MENT  BY  THE BOARD TO THE ATTORNEY GENERAL FOR FEES AND EXPENSES INCURRED
 31        IN THAT PROSECUTION AND TO REVISE TERMINOLOGY; AMENDING  SECTION  54-1223,
 32        IDAHO  CODE,  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1225, IDAHO CODE,
 33        TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION
 34        54-1227,  IDAHO  CODE, TO REVISE THE MINIMUM SIZE OF MONUMENTS, TO PROVIDE
 35        THAT SPECIFIED MONUMENTS MUST, IN THE ALTERNATIVE, BEAR A  METAL  CAP,  TO
 36        PERMIT LICENSED PROFESSIONAL ENGINEERS TO PERFORM CERTAIN NONBOUNDARY SUR-
 37        VEYS  AND  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1228, IDAHO CODE, TO
 38        REMOVE A PROVISION AUTHORIZING A PROFESSIONAL LAND SURVEYOR TO  ADMINISTER
 39        OATHS  TO  ASSISTANTS  FOR THE FAITHFUL PERFORMANCE OF DUTY AND TO CLARIFY
 40        TERMINOLOGY; AMENDING SECTION 54-1230, IDAHO  CODE,  TO  PROVIDE  FOR  THE
 41        RIGHT  OF  ENTRY FOR PRIVATE SURVEYING, TO PERMIT A PROPERLY LICENSED PRO-
 42        FESSIONAL LAND SURVEYOR AND HIS SUBORDINATES TO GO UPON OR ACROSS THE LAND
 43        OF OTHER PARTIES, WHEN NECESSARY TO CARRY OUT THE OBJECT OF EXISTING  LAWS
 44        RELATIVE TO SURVEYS, WITHOUT BEING GUILTY OF TRESPASS, TO PROVIDE FOR LIA-
 45        BILITY FOR DAMAGE DONE UPON SUCH ENTRY AND TO PROVIDE PROCEDURES FOR WRIT-
 46        TEN NOTICE OF SUCH ENTRY; AMENDING SECTION 54-1231, IDAHO CODE, TO PROVIDE
 47        FOR  THE  ASSESSMENT  OF  DAMAGES  FOR PRIVATE SURVEYING; AMENDING SECTION
 48        54-1232, IDAHO CODE, TO PROVIDE FOR THE TENDER OF DAMAGES FOR PRIVATE SUR-
 49        VEYING; AMENDING SECTION 54-1233, IDAHO CODE, TO PROVIDE FOR THE  COST  OF
 50        ASSESSMENT  OF  DAMAGES  FOR  PRIVATE SURVEYING; AMENDING SECTION 54-1234,
 51        IDAHO CODE, TO CORRECT A MISSPELLED WORD, TO REMOVE A PROVISION  DESIGNAT-
 52        ING  A  BUILDING AS A PERMANENT BOUNDARY MARKER AND TO REVISE TERMINOLOGY;
 53        AMENDING SECTION 54-1235, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC-
 54        TION 54-1236, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 55-1603,
 55        IDAHO CODE, TO REMOVE A DEFINITION, TO  REVISE  TERMINOLOGY  AND  TO  MAKE

                                       3

  1        TECHNICAL  CORRECTIONS;  AMENDING SECTION 55-1608, IDAHO CODE, TO REMOVE A
  2        PROVISION REQUIRING A PROFESSIONAL LAND SURVEYOR TO RECONSTRUCT  OR  REHA-
  3        BILITATE  A  CORNER RECORD MONUMENT AND ACCESSORIES TO SUCH CORNER TO MEET
  4        CERTAIN CRITERIA AND TO PROVIDE FOR A  CODE  REFERENCE;  AMENDING  SECTION
  5        55-1612,  IDAHO  CODE,  TO REMOVE PENALTIES FOR PROFESSIONAL ENGINEERS WHO
  6        PREPARE CERTAIN PLANS AND TO REMOVE CERTAIN PENALTIES FOR ANY  PERSON  WHO
  7        PREPARES  CERTAIN  PLANS  WITH SPECIFIED RESULTS OR FAILINGS; AND AMENDING
  8        SECTION 55-1613, IDAHO CODE, TO REVISE PROCEDURE AND REQUIREMENTS FOR MON-
  9        UMENTS WHICH MAY BE OR ARE DISTURBED BY CONSTRUCTION ACTIVITIES, TO REMOVE
 10        REFERENCE TO SUBDIVISION AND TRACT CORNERS AND TO CLARIFY TERMINOLOGY.

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION 1.  That Section 50-1303, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:

 14        50-1303.  SURVEY  --  STAKES  AND  MONUMENTS  --  ACCURACY. The centerline
 15    intersections and  points  where  the  centerline  changes  direction  on  all
 16    streets,  avenues,  and  public  highways, and all points, witness corners and
 17    reference monuments on the exterior boundary where the boundary  line  changes
 18    direction  shall  be marked with monuments either of concrete, galvanized iron
 19    pipe, aluminum pipe, iron or steel rods or other suitable monument approved by
 20    the county surveyor; if concrete be used they shall not be less than  six  (6)
 21    inches  by  six (6) inches by twenty-four (24) inches or in the case of public
 22    highways  the  size  of  a  state  standard  right-of-way  monument,  and   be
 23    magnetically  detectable;  if  galvanized  iron pipe be used they shall not be
 24    less than one (1) inch in diameter and thirty (30) inches  long;  if  aluminum
 25    pipe  be  used they shall not be less than one (1) inch in diameter and thirty
 26    (30) inches long, and be magnetically detectable; and if iron or steel rods be
 27    used they shall not be less than five-eighths (5/8) of an inch in least dimen-
 28    sion and thirty (30) inches long. Points  shall  be  plainly  and  permanently
 29    marked upon monuments so that measurements may be taken to them to within one-
 30    tenth  (1/10)  of a foot. and aAll lot and block corners, witness corners, and
 31    reference monuments for lot and block corners shall be marked  with  monuments
 32    of either galvanized iron pipe, not less than one-half (1/2) inch in diameter,
 33    or  iron  or  steel rods, not less than one-half (1/2) inch in least dimension
 34    and two (2) feet long or other suitable monument approved by the  county  sur-
 35    veyor.  All monuments set shall be magnetically detectable and shall be perma-
 36    nently marked with the registration number of the professional  land  surveyor
 37    in  responsible  charge conforming to the provisions of section 54-1227, Idaho
 38    Code. Monuments shall be plainly and permanently marked so  that  measurements
 39    may  be  taken to the marks within one-tenth (1/10) of a foot. All lot corners
 40    of a burial lot within a platted cemetery need not be marked with a  monument,
 41    but  the  block corners shall be placed within the cemetery in accordance with
 42    sound surveying principles and practice, and at locations that will monumented
 43    in order to permit the accurate identification of each burial lot  within  the
 44    cemetery.  The  monuments  shall  be of either galvanized iron pipe or iron or
 45    steel rods or bars not less than one-half (1/2) inch in  least  dimension  and
 46    two (2) feet long with marked cap; or caps not less than one (1) inch in diam-
 47    eter  conform  to the provisions of section 54-1227, Idaho Code. The locations
 48    and descriptions of all monuments within a platted cemetery shall be carefully
 49    recorded upon the plat, and the proper courses and distances of  all  boundary
 50    lines  shall  be shown, but may be shown by appropriate legend. The survey for
 51    any plat shall be conducted in such a manner as to produce an unadjusted math-
 52    ematical error of closure of not less than  one  (1)  part  in  five  thousand

                                       4

  1    (5,000).

  2        SECTION  2.  That  Section 54-1201, Idaho Code, be, and the same is hereby
  3    amended to read as follows:

  4        54-1201.  DECLARATION OF POLICY. To safeguard life, health  and  property,
  5    every  person  practicing  or offering to practice professional engineering or
  6    professional land surveying, as herein defined,  for  any  project  physically
  7    located in this state, shall submit evidence of his qualifications and be reg-
  8    istered  licensed  as  hereinafter  provided; and it shall be unlawful for any
  9    person to practice or offer to practice professional  engineering  or  profes-
 10    sional  land surveying for any project physically located in this state, or to
 11    use in connection with his name or otherwise  assume,  use  or  advertise  any
 12    title  or description tending to convey the impression that he is a registered
 13    or licensed professional engineer or professional land surveyor,  unless  such
 14    person  has  been duly registered licensed or is exempted under the provisions
 15    of this chapter. Except as exempted by section 54-1223, Idaho Code,  an  engi-
 16    neer  shall be allowed to practice professional engineering as defined in this
 17    chapter only when he has become duly registered or licensed as a  professional
 18    engineer  by  the  board  under  this  chapter.  Except as exempted by section
 19    54-1223, Idaho Code, a land surveyor shall be allowed to practice professional
 20    land surveying as defined in  this  chapter  only  when  he  has  become  duly
 21    licensed  as a professional land surveyor by the board under this chapter. The
 22    practice of professional engineering or professional land surveying  shall  be
 23    deemed  a  privilege  granted  by the Idaho board of registration licensure of
 24    professional engineers and professional  land  surveyors  through  the  board,
 25    based  on  qualifications of the individuals as evidenced by the person's cer-
 26    tificate of registration license, which shall not be transferable.

 27        SECTION 3.  That Section 54-1202, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:

 29        54-1202.  DEFINITIONS. As used in this chapter, unless the context or sub-
 30    ject matter requires otherwise:
 31        (1)  Engineer.  The  term  "engineer"  means  a person who is qualified to
 32    practice engineering by reason of his special knowledge and use of  mathemati-
 33    cal,  physical  and  engineering  sciences,  and the principles and methods of
 34    engineering analysis and design, acquired by professional education and  engi-
 35    neering experience.
 36        (2)  Professional  Engineer. The term "professional engineer" means a per-
 37    son who has been duly registered or licensed as a professional engineer by the
 38    board under this chapter.
 39        (3)  Professional Engineering and Practice  of  Professional  Engineering.
 40    The  terms  "professional engineering" and "practice of professional engineer-
 41    ing" mean any service or creative work offered to or performed for the  public
 42    for any project physically located in this state, such as consultation, inves-
 43    tigation, evaluation, planning, designing, teaching upper division engineering
 44    design subjects, and responsible charge of observation of construction in con-
 45    nection with any public or private utilities, structures, buildings, machines,
 46    equipment,  processes,  works,  or projects, wherein the public welfare or the
 47    safeguarding of life, health, or property is concerned or involved, when  such
 48    service  requires the application of engineering principles and data. A person
 49    shall be construed to practice or offer to practice  professional  engineering
 50    within the meaning and intent of this chapter who practices or offers to prac-
 51    tice  any  of the branches of the profession of engineering for the public for

                                       5

  1    any project physically located in this state or who, by  verbal  claim,  sign,
  2    advertisement,  letterhead, card, or in any other way represents himself to be
  3    a professional engineer or through the use of some other title implies that he
  4    is a professional engineer or that he is registered  under  this  chapter,  or
  5    holds  himself  out  as able to perform or who does perform for the public for
  6    any project physically located in this state, any engineering service or  work
  7    or  any  other service designated by the practitioner which is the practice of
  8    professional engineering.
  9        (4)  Consulting Engineer. The term "consulting engineer" means  a  profes-
 10    sional engineer whose principal occupation is the independent practice of pro-
 11    fessional  engineering;  whose  livelihood is obtained by offering engineering
 12    services to the public; who is devoid of public, commercial and product affil-
 13    iation that might tend to infer a conflict of interest; and who  is  cognizant
 14    of his public and legal responsibilities, and is capable of discharging them.
 15        (5)  Professional  Land  Surveyor.  The  term "professional land surveyor"
 16    means a person who is qualified by reason of his knowledge of  the  principles
 17    of  land surveying acquired by education and practical experience to engage in
 18    the practice of professional land surveying and who has been  duly  registered
 19    or licensed as a professional land surveyor by the board under this chapter.
 20        (6)  Professional Land Surveying and Practice of Professional Land Survey-
 21    ing. The terms "land surveying" and "professional land surveying" mean respon-
 22    sible  charge  of surveying of land to determine the correct boundary descrip-
 23    tion, to convey, to establish or reestablish land boundaries, or to plat lands
 24    and subdivisions thereof. Any person shall be construed to practice  or  offer
 25    to  practice professional land surveying who engages in professional land sur-
 26    veying, or who, by verbal claim, sign, advertisement, letterhead, card, or  in
 27    any  other  way  represents himself to be a professional land surveyor, or who
 28    represents himself as able to perform or who  does  perform  any  professional
 29    land  surveying service or work or any other service designated by the practi-
 30    tioner which is professional land surveying.
 31        (7)  Board. The term "board" means the Idaho board of registration of pro-
 32    fessional engineers and professional land surveyors, hereinafter  provided  by
 33    this chapter.
 34        (8)  Responsible  Charge.  The term "responsible charge" means the control
 35    and direction of engineering work, or the control and direction of  land  sur-
 36    veying  work,  requiring  initiative, professional skill, independent judgment
 37    and professional knowledge of the content of relevant documents  during  their
 38    preparation.  Except  as allowed under section 54-1223, Idaho Code, reviewing,
 39    or reviewing and correcting, documents after they have been prepared by others
 40    does not constitute the exercise of responsible charge.
 41        (9)  Engineer-in-Training. The term "engineer-in-training" means a  person
 42    who  has qualified for, taken and passed an examination in the fundamentals of
 43    engineering subjects as provided in this chapter.
 44        (10) Land Surveyor-in-Training. The term "land surveyor-in-training" means
 45    a person who has qualified for, taken and passed an examination in the  funda-
 46    mentals of land surveying subjects as provided in this chapter.
 47        (11) Rules of Professional Responsibility. The term "rules of professional
 48    responsibility" means those rules, if any, promulgated by the board, as autho-
 49    rized by the Idaho Code.
 50        (12) Public.  The term "public" means any person, firm, corporation, part-
 51    nership, company, government agency, institution or any  other  entity  recog-
 52    nized by law.
 53        (13) Business Entity. The term "business entity" means a corporation, pro-
 54    fessional corporation, limited liability company, professional limited liabil-
 55    ity company, general partnership, limited partnership, limited liability part-

                                       6

  1    nership, professional limited liability partnership or any other form of busi-
  2    ness except a sole proprietorship.
  3        (1)  "Board"  means the Idaho board of licensure of professional engineers
  4    and professional land surveyors, hereinafter provided by this chapter.
  5        (2)  "Business entity" means a corporation, professional corporation, lim-
  6    ited liability company, professional limited liability company, general  part-
  7    nership, limited partnership, limited liability partnership, professional lim-
  8    ited liability partnership or any other form of business except a sole propri-
  9    etorship.
 10        (3)  "Consulting  engineer"  means a professional engineer whose principal
 11    occupation is the independent  practice  of  professional  engineering;  whose
 12    livelihood  is obtained by offering engineering services to the public; who is
 13    devoid of public, commercial and product affiliation that might tend to  infer
 14    a conflict of interest; and who is cognizant of his public and legal responsi-
 15    bilities, and is capable of discharging them.
 16        (4)  "Engineer" means a person who is qualified to practice engineering by
 17    reason  of  his  special knowledge and use of mathematical, physical and engi-
 18    neering sciences, and the principles and methods of engineering  analysis  and
 19    design, acquired by professional education and engineering experience.
 20        (5)  "Engineer  intern"  means  a  person who has qualified for, taken and
 21    passed an examination in the fundamentals of engineering subjects as  provided
 22    in this chapter.
 23        (6)  "Land  surveyor  intern"  means a person who has qualified for, taken
 24    and passed an examination in the fundamentals of surveying  subjects  as  pro-
 25    vided in this chapter.
 26        (7)  "Professional  engineer" means a person who has been duly licensed as
 27    a professional engineer by the board under this chapter.
 28        (8)  "Professional engineering" and "practice of professional engineering"
 29    mean any service or creative work offered to or performed for the  public  for
 30    any project physically located in this state, such as consultation, investiga-
 31    tion,  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 licensed under this chapter, or holds
 44    himself  out  as  able  to  perform or who does perform for the public for any
 45    project physically located in this state, any engineering service or  work  or
 46    any other service designated by the practitioner which is the practice of pro-
 47    fessional engineering.
 48        (9)  "Professional land surveying" and "practice of professional land sur-
 49    veying"  mean responsible charge of surveying of land to determine the correct
 50    boundary description, to convey, to establish or reestablish land  boundaries,
 51    or  to  plat  lands and subdivisions thereof. Any person shall be construed to
 52    practice or offer to practice professional land surveying who engages in  pro-
 53    fessional  land  surveying, or who, by verbal claim, sign, advertisement, let-
 54    terhead, card, or in any other way represents himself  to  be  a  professional
 55    land  surveyor,  or who represents himself as able to perform or who does per-

                                       7

  1    form any professional land surveying service or work or any other service des-
  2    ignated by the practitioner which is professional land surveying.
  3        (10) "Professional land surveyor" means a person who is qualified by  rea-
  4    son of his knowledge of the principles of land surveying acquired by education
  5    and  practical  experience to engage in the practice of professional land sur-
  6    veying and who has been duly licensed as a professional land surveyor  by  the
  7    board under this chapter.
  8        (11) "Public"  means  any person, firm, corporation, partnership, company,
  9    government agency, institution or any other entity recognized by law.
 10        (12) "Responsible charge" means the control and direction  of  engineering
 11    work,  or  the control and direction of land surveying work, requiring initia-
 12    tive, professional skill, independent judgment and professional  knowledge  of
 13    the  content of relevant documents during their preparation. Except as allowed
 14    under section 54-1223, Idaho Code, reviewing,  or  reviewing  and  correcting,
 15    documents  after  they  have  been  prepared by others does not constitute the
 16    exercise of responsible charge.
 17        (13) "Rules of professional responsibility" means  those  rules,  if  any,
 18    promulgated by the board, as authorized by the Idaho Code.
 19        (14) Signature.  The  term  "sSignature"  shall  means either: an original
 20    handwritten message identification containing  the  name  of  the  person  who
 21    applied it; or a digital signature which is an electronic authentication proc-
 22    ess attached to or logically associated with an electronic document. The digi-
 23    tal  signature must be unique to the person using it; must be capable of veri-
 24    fication; must be under the sole control of the person using it; and  must  be
 25    linked  to  a  document in such a manner that the digital signature is invali-
 26    dated if any data in the document is changed.
 27        (15) Standard Design Plan. The term "sStandard design plan" shall means  a
 28    building, structure, equipment or facility which is intended to be constructed
 29    or  sited at multiple locations and for which some or all of the plans must be
 30    prepared by a professional engineer.

 31        SECTION 4.  That Section 54-1203, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:

 33        54-1203.  IDAHO  BOARD OF REGISTRATION LICENSURE OF PROFESSIONAL ENGINEERS
 34    AND PROFESSIONAL LAND SURVEYORS. A board to be known as the  "Idaho  board  of
 35    registration  licensure  of  professional engineers and professional land sur-
 36    veyors" is a division of the Idaho department of self-governing  agencies  and
 37    shall  administer the provisions of this chapter. It shall consist of five (5)
 38    persons duly registered licensed as provided by this chapter, appointed by the
 39    governor from among nominees recommended by any organized and generally recog-
 40    nized state engineering society in this state for  the  professional  engineer
 41    members or any organized and generally recognized state land surveying society
 42    in  this  state  for the professional land surveyor member. The board shall be
 43    comprised of four (4) persons registered licensed  as  professional  engineers
 44    and  one  (1)  person registered licensed as a professional land surveyor. The
 45    members of the  board  shall  have  the  qualifications  required  by  section
 46    54-1204,  Idaho Code. The members of the present board shall continue to serve
 47    for the balance of their respective terms of appointment. Each member  of  the
 48    board shall take, subscribe and file the oath required by chapter 4, title 59,
 49    Idaho  Code,  before entering upon the duties of the office. On the expiration
 50    of the term of any member, a successor shall be appointed in  like  manner  by
 51    the  governor for a term of five (5) years. Any appointment to complete a term
 52    that has not expired, because of resignation or inability of a member to serve
 53    for any reason, shall be for the unexpired portion of the term.  A  member  of

                                       8

  1    the board shall hold office until the expiration of the term for  which he was
  2    appointed  and  until his successor has been appointed and qualified. A member
  3    after serving two (2) consecutive full terms in addition to any unexpired por-
  4    tion of a term, shall not be reappointed for a period of two  (2)  years.  The
  5    board, on its own initiative, may appoint any former member as an member emer-
  6    itus  member  for special assignment to assist the board in the administration
  7    of this chapter.

  8        SECTION 5.  That Section 54-1204, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:

 10        54-1204.  QUALIFICATION OF MEMBERS OF BOARD. Members of the board shall be
 11    citizens of the United States and residents of this state, and they shall have
 12    been engaged for at least twelve (12) years in the practice of engineering for
 13    the  professional engineer members or land surveying for the professional land
 14    surveyor member, shall have been in responsible charge for at least  five  (5)
 15    years  of  important  professional  engineering or professional land surveying
 16    work, and shall be registered licensed under the provisions of  this  chapter.
 17    Responsible  charge of engineering or land surveying teaching may be construed
 18    as responsible charge of important professional  engineering  or  professional
 19    land surveying work.

 20        SECTION  6.  That  Section 54-1208, Idaho Code, be, and the same is hereby
 21    amended to read as follows:

 22        54-1208.  BOARD -- POWERS. (1) The board shall have the power to adopt and
 23    amend all bylaws administrative rules including, but not limited to, rules  of
 24    professional  responsibility, rules of continuing professional development for
 25    professional land surveyors not to exceed sixteen (16) hours annually for each
 26    profession for which the professional is licensed, and rules of procedure, not
 27    inconsistent with the constitution and laws of this state, which may  be  rea-
 28    sonably necessary for the proper performance of its duties and the administra-
 29    tion  of the chapter and the regulation of proceedings before the board. These
 30    actions by the board shall be binding upon persons registered  licensed  under
 31    this  chapter  and shall be applicable to business entities holding a certifi-
 32    cate of authorization as provided in section 54-1235,  Idaho  Code.  It  shall
 33    adopt  and  have  an  official seal which shall be affixed to each license and
 34    certificate issued. It shall have power to provide an office, office equipment
 35    and facilities and such books and records as may be reasonably  necessary  for
 36    the proper performance of its duties.
 37        (2)  In carrying into effect the provisions of this chapter, the board may
 38    subpoena  witnesses and compel their attendance, and also may require the sub-
 39    mission of books, papers, documents, or other pertinent data in any disciplin-
 40    ary matters or in any case wherever a violation of this  chapter  is  alleged.
 41    Upon  failure  or  refusal to comply with any such order of the board, or upon
 42    failure to honor its subpoena as herein provided, the board may apply  to  any
 43    court of any jurisdiction to enforce compliance with same.
 44        (3)  The  board is hereby authorized in the name of the state to apply for
 45    relief by injunction in the established manner provided in cases of civil pro-
 46    cedure, without bond, to enforce the provisions of this chapter or to restrain
 47    any violation thereof. Venue for all such actions shall  be  in  the  district
 48    court of the fourth judicial district, Ada county, Idaho.
 49        (4)  The board may subject an applicant for registration licensure or cer-
 50    tification  to  such examination as it deems necessary to determine qualifica-
 51    tions.

                                       9

  1        (5)  Any action, claim or demand to recover money damages from  the  board
  2    or  its employees which any person is legally entitled to recover as compensa-
  3    tion for the negligent or otherwise wrongful act or omission of the  board  or
  4    its  employees,  when  acting within the course and scope of their employment,
  5    shall be governed by the Idaho tort claims act,  chapter  9,  title  6,  Idaho
  6    Code.  For  purposes  of  this section, the term "employees" shall include, in
  7    addition to those persons listed in  section  6-902(4),  Idaho  Code,  special
  8    assignment  members,  emeritus  members  and other any independent contractors
  9    while acting within the course and scope of their board related work.
 10        (6)  The board may recommend arbitration of disputes between  professional
 11    engineers or disputes between professional land surveyors.

 12        SECTION  7.  That  Section 54-1210, Idaho Code, be, and the same is hereby
 13    amended to read as follows:

 14        54-1210.  RECORDS AND REPORTS. (1) The board shall keep a  record  of  its
 15    proceedings  and a register record of all applications for registration licen-
 16    sure  or certification, which register record shall show: the  name,  date  of
 17    birth  and  last known address of each applicant; the date of the application;
 18    the place of business of such applicant; his education, experience  and  other
 19    qualifications; type of examination required; whether or not the applicant was
 20    rejected; whether or not a certificate of registration or license was granted;
 21    the  dates  of  the  action  of the board; and any other information as may be
 22    deemed necessary by the board.
 23        (2)  The records of the board shall be prima facie evidence  of  the  pro-
 24    ceedings  of  the  board  set forth therein, and a transcript minutes thereof,
 25    duly certified by the secretary of the board under seal, shall  be  admissible
 26    in evidence with the same force and effect as if the original were produced.
 27        (3)  Annually  the  board  shall  submit  to  the governor a report of its
 28    transactions activities of the preceding year, and shall also transmit to  him
 29    a  complete  summary  statement of the receipts and expenditures of the board,
 30    attested by affidavits of its chairman and its secretary.
 31        (4)  Board records and papers are subject to disclosure according to chap-
 32    ter 3, title 9, Idaho Code.

 33        SECTION 8.  That Section 54-1211, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:

 35        54-1211.  ROSTER.  A  complete  roster  showing  the  names and last known
 36    addresses of all registered professional  engineers,  all  registered  profes-
 37    sional  land surveyors, all business entities holding certificates of authori-
 38    zation as required under section 54-1235, Idaho Code, and all who possess cur-
 39    rent certification as engineers-in-training interns and as land  surveyors-in-
 40    training  interns  shall  be  maintained  by the board in an electronic format
 41    available to the public.

 42        SECTION 9.  That Section 54-1212, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:

 44        54-1212.  GENERAL  REQUIREMENTS  FOR  EXAMINATION  AND  LICENSE. Except as
 45    herein otherwise expressly provided, no license as a professional engineer  or
 46    professional land surveyor, or certification as an engineer-in-training intern
 47    or  land  surveyor-in-training  intern, shall be issued until an applicant has
 48    successfully passed an examination given by or under the  supervision  of  the
 49    board,  nor  shall  a  license as a professional engineer or professional land

                                       10

  1    surveyor,  or  certification  as  an  engineer-in-training  intern   or   land
  2    surveyor-in-training  intern, be issued to an applicant having habits or char-
  3    acter that would justify revocation or suspension of his license  or  certifi-
  4    cate,  as provided in section 54-1220, Idaho Code. The following shall be con-
  5    sidered as minimum evidence satisfactory to the board that  the  applicant  is
  6    qualified for assignment to an examination:
  7        (1)  As a professional engineer:
  8        (a)  Graduation  from an approved engineering curriculum of four (4) years
  9        or more in a school or college approved by the board as being of satisfac-
 10        tory standing, passage of an examination on the fundamentals of  engineer-
 11        ing  acceptable  to the board, and a specific record, after graduation, of
 12        an additional four (4) years or more of progressive  experience  in  engi-
 13        neering work of a grade and character satisfactory to the board, and indi-
 14        cating  that the applicant is competent to practice professional engineer-
 15        ing; or
 16        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 17        school  or college approved by the board, and evidence satisfactory to the
 18        board that the applicant possesses knowledge and skill approximating  that
 19        attained  through  graduation  from  an approved four (4) year engineering
 20        curriculum, passage of an examination on the fundamentals  of  engineering
 21        acceptable  to  the  board, and a specific record, after graduation, of an
 22        additional four (4) years or more of progressive experience in engineering
 23        work of a grade and character satisfactory to  the  board  and  indicating
 24        that the applicant is competent to practice professional engineering.
 25        (2)  As a professional land surveyor:
 26        (a)  Graduation from an approved surveying curriculum of four (4) years or
 27        more in a school or college approved by the board as being of satisfactory
 28        standing,  passage of an examination on the fundamentals of land surveying
 29        acceptable to the board, and a specific record of an additional  four  (4)
 30        years  or more of progressive combined office and field experience in land
 31        surveying work, of a grade and character satisfactory  to  the  board  and
 32        indicating  that  the applicant is competent to practice professional land
 33        surveying; or
 34        (b)  At least sixty (60) semester credit hours of college  level  academic
 35        education beyond high school, including a minimum of fifteen (15) semester
 36        credit  hours  in surveying, passage of an examination on the fundamentals
 37        of land surveying acceptable to the board, and a  specific  record  of  an
 38        additional  six (6) years of progressive combined office and field experi-
 39        ence in land surveying work of a grade and character satisfactory  to  the
 40        board and indicating that the applicant is competent to practice land sur-
 41        veying; or
 42        (c)  Evidence  that the applicant possesses knowledge and skill, satisfac-
 43        tory to the board, similar to that attained upon completion of an approved
 44        college level academic curriculum, passage of an examination on the funda-
 45        mentals of land surveying acceptable to the board, and evidence of a  spe-
 46        cific  record  of  an  additional  eight (8) years of progressive combined
 47        office and field experience in land surveying work of a grade and  charac-
 48        ter  satisfactory to the board and indicating that the applicant is compe-
 49        tent to practice land surveying.
 50        (3)  As an engineer-in-training intern:
 51        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 52        neering  curriculum of four (4) years or  more  in  a  school  or  college
 53        approved  by  the  board  as being of satisfactory standing and indicating
 54        that the applicant is  competent  to  enroll  as  an  engineer-in-training
 55        intern; or

                                       11

  1        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
  2        school or college approved by the board as being of satisfactory standing,
  3        and evidence satisfactory to the board that the applicant possesses knowl-
  4        edge and skill approximating that  attained  through  graduation  from  an
  5        approved  four  (4)  year  engineering curriculum, and indicating that the
  6        applicant is competent to be enrolled as an engineer-in-training intern.
  7        (c)  In the event the applicant qualifies for assignment to  the  examina-
  8        tion  during the last two (2) semesters of college under the provisions of
  9        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
 10        tificate will be issued only after the applicant graduates.
 11        (4)  As a land surveyor-in-training intern:
 12        (a)  Graduation from, or in the last two (2)  semesters  of,  an  approved
 13        surveying  curriculum  of  four  (4)  years or more in a school or college
 14        approved by the board as being of  satisfactory  standing  and  indicating
 15        that   the   applicant   is   competent   to   be   enrolled   as  a  land
 16        surveyor-in-training intern; or
 17        (b)  At least sixty (60) semester credit hours of college  level  academic
 18        education beyond high school, including a minimum of fifteen (15) semester
 19        credit hours in surveying, and in addition, a specific record of three (3)
 20        years  or more of progressive combined office and field experience in land
 21        surveying work of a grade and character satisfactory to the board that the
 22        applicant is competent to  be  enrolled  as  a  land  surveyor-in-training
 23        intern; or
 24        (c)  Possesses  knowledge and skill, satisfactory to the board, similar to
 25        that attained upon completion of an approved college level  academic  cur-
 26        riculum  and  evidence  of  a  specific record of at least four (4) years'
 27        experience of progressive combined office and field experience of a  grade
 28        and character satisfactory to the board that the applicant is competent to
 29        be enrolled as a land surveyor-in-training intern.
 30        In  counting  years of experience for assignment to the professional engi-
 31    neer or professional land surveyor examination, the board may, at its  discre-
 32    tion,  give  credit,  not in excess of one (1) year, for satisfactory graduate
 33    study toward a master's degree and not in excess of an additional one (1) year
 34    for satisfactory graduate study toward a doctorate degree.  In  the  event  an
 35    applicant  obtains  a  doctorate  degree  without  first  obtaining a master's
 36    degree, the board may, at its discretion, give credit, not in  excess  of  two
 37    (2) years.
 38        In  considering  the  combined  education and experience qualifications of
 39    applicants, the board shall  consider  engineering  teaching,  land  surveying
 40    teaching, each year of satisfactory completion of undergraduate college educa-
 41    tion,  advanced  degrees in engineering and advanced degrees in land surveying
 42    in establishing the applicants' minimum composite knowledge and skill.
 43        The mere execution, as a contractor, of work designed  by  a  professional
 44    engineer,  or the supervision of the construction of such work as a foreman or
 45    superintendent, shall not be deemed to be the practice of engineering, but  if
 46    such  experience, in the opinion of the board, has involved responsible super-
 47    vision of a character that will tend to expand the engineering  knowledge  and
 48    skill of the applicant the board may in its discretion give such credit there-
 49    for as it may deem proper.
 50        Any  person having the necessary qualifications prescribed in this chapter
 51    to entitle him to registration assignment to an examination for  licensure  or
 52    certification  shall  be eligible for such registration assignment although he
 53    may not be practicing his profession at the time of making his application.

 54        SECTION 10.  That Section 54-1212, Idaho Code, as amended  by  Section  1,

                                       12

  1    Chapter  125, Laws of 2002, as amended by Section 2, Chapter 15, Laws of 2003,
  2    as amended by Section 2, Chapter 84, Laws of 2004, be, and the same is  hereby
  3    amended to read as follows:

  4        54-1212.  GENERAL  REQUIREMENTS  FOR  EXAMINATION  AND LICENSE.  Except as
  5    herein otherwise expressly provided, no license as a professional engineer  or
  6    professional land surveyor, or certification as an engineer-in-training intern
  7    or  land  surveyor-in-training  intern, shall be issued until an applicant has
  8    successfully passed an examination given by or under the  supervision  of  the
  9    board,  nor  shall  a  license as a professional engineer or professional land
 10    surveyor,  or  certification  as  an  engineer-in-training  intern   or   land
 11    surveyor-in-training  intern, be issued to an applicant having habits or char-
 12    acter that would justify revocation or suspension of his license  or  certifi-
 13    cate,  as provided in section 54-1220, Idaho Code. The following shall be con-
 14    sidered as minimum evidence satisfactory to the board that  the  applicant  is
 15    qualified for assignment to an examination:
 16        (1)  As a professional engineer:
 17        (a)  Graduation  from an approved engineering curriculum of four (4) years
 18        or more in a school or college approved by the board as being of satisfac-
 19        tory standing, passage of an examination on the fundamentals of  engineer-
 20        ing  acceptable  to the board, and a specific record, after graduation, of
 21        an additional four (4) years or more of progressive  experience  in  engi-
 22        neering work of a grade and character satisfactory to the board, and indi-
 23        cating  that the applicant is competent to practice professional engineer-
 24        ing; or
 25        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 26        school  or college approved by the board, and evidence satisfactory to the
 27        board that the applicant possesses knowledge and skill approximating  that
 28        attained  through  graduation  from  an approved four (4) year engineering
 29        curriculum, passage of an examination on the fundamentals  of  engineering
 30        acceptable  to the board, and a specific record, after graduation, of four
 31        (4) years or more of progressive experience in engineering work of a grade
 32        and character satisfactory to the board and indicating that the  applicant
 33        is competent to practice professional engineering.
 34        (2)  As a professional land surveyor:
 35        (a)  Graduation from an approved surveying curriculum of four (4) years or
 36        more in a school or college approved by the board as being of satisfactory
 37        standing,  passage of an examination on the fundamentals of land surveying
 38        acceptable to the board, and a specific record of an additional  four  (4)
 39        years  or more of progressive combined office and field experience in land
 40        surveying work of a grade and character  satisfactory  to  the  board  and
 41        indicating  that  the applicant is competent to practice professional land
 42        surveying; or
 43        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 44        school or college approved by the board as being of satisfactory standing,
 45        and evidence satisfactory to the board that the applicant possesses knowl-
 46        edge  and  skill  approximating  that  attained through graduation from an
 47        approved four (4) year surveying curriculum, passage  of an examination on
 48        the fundamentals of land surveying acceptable to the board, and a specific
 49        record of an additional four (4) years or  more  of  progressive  combined
 50        office  and field experience in land surveying work of a grade and charac-
 51        ter satisfactory to the board and indicating that the applicant is  compe-
 52        tent to practice land surveying.
 53        (3)  As an engineer-in-training intern:
 54        (a)  Graduation from or in the last two (2) semesters of an approved engi-

                                       13

  1        neering  curriculum  of  four  (4)  years  or  more in a school or college
  2        approved by the board as being of  satisfactory  standing  and  indicating
  3        that  the  applicant  is  competent  to  enroll as an engineer-in-training
  4        intern; or
  5        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
  6        school  or college approved by the board, and evidence satisfactory to the
  7        board that the applicant possesses knowledge and skill approximating  that
  8        attained  through  graduation  from  an approved four (4) year engineering
  9        curriculum, and indicating that the applicant is competent to be  enrolled
 10        as an engineer-in-training intern.
 11        (c)  In  the  event the applicant qualifies for assignment to the examina-
 12        tion during the last two (2) semesters of college under the provisions  of
 13        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
 14        tificate will be issued only after the applicant graduates.
 15        (4)  As a land surveyor-in-training intern:
 16        (a)  Graduation  from,  or  in  the last two (2) semesters of, an approved
 17        surveying curriculum of four (4) years or more  in  a  school  or  college
 18        approved  by  the  board  as being of satisfactory standing and indicating
 19        that  the  applicant   is   competent   to   be   enrolled   as   a   land
 20        surveyor-in-training intern; or
 21        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 22        school or college approved by the  board,  evidence  satisfactory  to  the
 23        board  that the applicant possesses knowledge and skill approximating that
 24        attained through graduation from an approved four (4) year surveying  cur-
 25        riculum,  and indicating that the applicant is competent to be enrolled as
 26        a land surveyor-in-training intern.
 27        (c)  In the event the applicant qualifies for assignment to  the  examina-
 28        tion  during the last two (2) semesters of college under the provisions of
 29        subsection (4)(a) of this section, and attains a passing grade, a certifi-
 30        cate shall be issued only after the applicant graduates.
 31        In counting years of experience for assignment to the  professional  engi-
 32    neer  or professional land surveyor examination, the board may, at its discre-
 33    tion, give credit, not in excess of one (1) year,  for  satisfactory  graduate
 34    study toward a master's degree and not in excess of an additional one (1) year
 35    for  satisfactory  graduate  study  toward a doctorate degree. In the event an
 36    applicant obtains a  doctorate  degree  without  first  obtaining  a  master's
 37    degree,  the  board  may, at its discretion, give credit, not in excess of two
 38    (2) years.
 39        In considering the combined education  and  experience  qualifications  of
 40    applicants,  the  board  shall  consider  engineering teaching, land surveying
 41    teaching, each year of satisfactory completion of undergraduate college educa-
 42    tion, advanced degrees in engineering and advanced degrees in  land  surveying
 43    in establishing the applicants' minimum composite knowledge and skill.
 44        The  mere  execution,  as a contractor, of work designed by a professional
 45    engineer, or the supervision of the construction of such work as a foreman  or
 46    superintendent,  shall not be deemed to be the practice of engineering, but if
 47    such experience, in the opinion of  the board, has involved responsible super-
 48    vision of a character that will tend to expand the engineering  knowledge  and
 49    skill of the applicant the board may in its discretion give such credit there-
 50    for as it may deem proper.
 51        Any  person having the necessary qualifications prescribed in this chapter
 52    to entitle him to registration assignment to an examination for  licensure  or
 53    certification  shall  be eligible for such registration assignment although he
 54    may not be practicing his profession at the time of making his application.

                                       14

  1        SECTION 11.  That Section 54-1213, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:

  3        54-1213.  APPLICATIONS  AND  REGISTRATION FEES. Applications for registra-
  4    tion licensure as a professional engineer or professional  land  surveyor,  or
  5    certification  as  an engineer-in-training intern or land surveyor-in-training
  6    intern, shall be on forms prescribed and furnished by the board. The  applica-
  7    tion  shall be made under oath, and shall show the applicant's education and a
  8    detailed summary of his technical and engineering or  land  surveying  experi-
  9    ence.  An  applicant  for registration licensure as a professional engineer or
 10    professional land surveyor shall furnish not less than five (5) references, of
 11    whom three (3) or more should be registered professional engineers or  profes-
 12    sional  land  surveyors,  as  applicable,  having  personal  knowledge  of the
 13    applicant's engineering or land surveying experience. An applicant for  certi-
 14    fication  as  an  engineer-in-training  intern  or  land  surveyor-in-training
 15    intern  shall  furnish not less than three (3) references of whom at least one
 16    (1) should be a registered professional engineer  or  professional  land  sur-
 17    veyor, as applicable, having personal knowledge of the applicant's engineering
 18    or  land  surveying experience. Applications for certificates of authorization
 19    shall be made in accordance with section 54-1235, Idaho Code.
 20        The maximum application fee for  professional  engineers  or  professional
 21    land  surveyors seeking to be licensed by an eight (8) hour or longer examina-
 22    tion shall be an amount equal to the amount charged the board  by  the  entity
 23    preparing and administering the examination, plus an administrative fee not to
 24    exceed  one  hundred dollars ($100). The total application fee shall accompany
 25    the application.
 26        The maximum application fee for an applicant who seeks a certificate as an
 27    engineer-in-training intern or land surveyor-in-training intern  shall  be  an
 28    amount  equal  to  the  amount  charged  the board by the entity preparing and
 29    administering the examination, plus an administrative fee not to exceed  fifty
 30    dollars ($50.00). The application fee shall accompany the application.
 31        The maximum application fee for business entities seeking a certificate of
 32    authorization  shall  be two hundred dollars ($200). The application fee shall
 33    accompany the application.
 34        Separate application fees shall accompany all applications for each of the
 35    four (4) classes of examinations:  professional  land  surveyor,  engineer-in-
 36    training, land surveyor-in-training and professional engineer.
 37        The  amount  of  the  registration license fee or certificate fee shall be
 38    fixed by the board prior to June 30th of any year and shall continue in  force
 39    until changed.
 40        Should  the  board  deny  the issuance of a certificate of registration or
 41    authorization license to any  applicant,  the  fee  deposited  paid  shall  be
 42    retained as an application a processing fee.

 43        SECTION  12.  That Section 54-1214, Idaho Code, be, and the same is hereby
 44    amended to read as follows:

 45        54-1214.  EXAMINATIONS. (1) Examinations will be held at  such  times  and
 46    places as the board directs. The board shall determine the acceptable grade on
 47    examinations.
 48        (2)  Written  examinations  will  be  given in two (2) sections and may be
 49    taken only after the applicant has met the other minimum requirements as given
 50    in section 54-1212, Idaho Code, and has been approved by the board for  admis-
 51    sion to the examinations as follows:
 52        (a)  Fundamentals  of Engineering -- The examination consists of  an eight

                                       15

  1        (8) hour test period on the  fundamentals  of  engineering.  Passing  this
  2        examination qualifies the examinee for an engineer-in-training intern cer-
  3        tificate,  provided  he  has  met  all other requirements of certification
  4        required by this chapter.
  5        (b)  Principles and Practice of Engineering -- The examination consists of
  6        a minimum of an eight (8) hour test period on applied engineering. Passing
  7        this examination qualifies the examinee for registration  licensure  as  a
  8        professional engineer, provided he has met the other requirements for reg-
  9        istration licensure required by this chapter.
 10        (c)  Fundamentals  of  Land  Surveying  --  The examination consists of an
 11        eight (8) hour test period on the fundamentals of land surveying.  Passing
 12        this  examination  qualifies  the examinee for a land surveyor-in-training
 13        intern certificate, provided he has met all other requirements for  certi-
 14        fication required by this chapter.
 15        (d)  Principles and Practice of Land Surveying -- The examination consists
 16        of  a  minimum of an eight (8) hour test period on applied land surveying.
 17        Passing this examination qualifies the examinee for registration licensure
 18        as a professional land surveyor, provided he has met  the  other  require-
 19        ments for registration licensure required by this chapter.
 20        (3)  A  candidate  failing all or part of the an examination for the first
 21    time may apply for reexamination, which may be granted upon payment of  a  fee
 22    equal  to the total application fee for the required examination. In the event
 23    of a second failure, the examinee shall be required to appear before the board
 24    or a member thereof to obtain a minimum of one (1) additional year of  experi-
 25    ence,  acceptable  to the board, from the date of the second examination fail-
 26    ure, and submit evidence of having completed an additional eight (8)  semester
 27    credits  of  college  level  academic  education  relating to the examination,
 28    before the board will consider that he has acquired the  necessary  additional
 29    knowledge  to  warrant  assignment  to  a third examination. In the event of a
 30    third or subsequent failure, the examinee shall be required to obtain a  mini-
 31    mum of three (3) additional years of experience, acceptable to the board, from
 32    the  date  of the third or subsequent examination failure, and submit evidence
 33    of having completed an additional twelve  (12)  semester  credits  of  college
 34    level  academic  education  relating to the examination, before the board will
 35    consider that he has acquired the necessary additional  knowledge  to  warrant
 36    assignment to a subsequent examination.
 37        (4)  The board may prepare and adopt specifications for the written exami-
 38    nations  in  engineering and land surveying. They may be published in brochure
 39    form and be available to any person interested in being registered as  a  pro-
 40    fessional engineer or as a professional land surveyor.

 41        SECTION  13.  That Section 54-1215, Idaho Code, be, and the same is hereby
 42    amended to read as follows:

 43        54-1215.  CERTIFICATES LICENSE -- SEALS -- INTERN  CERTIFICATES.  (1)  The
 44    board  shall  issue  a certificate of registration license upon payment of the
 45    registration fee as provided for in this chapter to any applicant who, in  the
 46    opinion  of  the board, has satisfactorily met all of the requirements of this
 47    chapter  for  licensure  as  a  professional  engineer  or  professional  land
 48    surveyor, and an enrollment certificate shall be issued to those  who  qualify
 49    as an engineers-in-training and intern or a land surveyors-in-training intern.
 50    In  the  case  of  a registered professional engineer, the certificate license
 51    shall authorize the practice of "professional engineering," and in the case of
 52    a registered professional land surveyor the certificate license shall  author-
 53    ize  the  practice of "professional land surveying." Certificates of registra-

                                       16

  1    tion Licenses shall show the full name of the registrant licensee, shall  give
  2    a  serial registration license number, and shall be signed by the chairman and
  3    the secretary of the board under seal of the board.
  4        (2)  The issuance of a certificate of registration license  by  the  board
  5    shall be prima facie evidence that the person named therein is entitled to all
  6    the  rights,  privileges and responsibilities of a registered licensed profes-
  7    sional engineer or of a registered licensed professional land  surveyor,  pro-
  8    vided that said certificate of registration license has not expired or has not
  9    been suspended or revoked.
 10        (3)  Each   registrant   licensee   hereunder   shall,  upon  registration
 11    licensure, obtain a seal, the use and design of which are described below.  It
 12    shall  be unlawful for any person to affix or to permit his seal and signature
 13    to be affixed to any documents after the certificate license of the registrant
 14    licensee named thereon has expired or has been suspended  or  revoked,  unless
 15    said  certificate license shall have been renewed, reinstated, or reissued, or
 16    for the purpose of aiding or abetting any other person to evade or attempt  to
 17    evade any portion of this chapter.
 18        (a)  The  seal  may  be  a rubber stamp, crimp or electronically generated
 19        image. Whenever the seal is applied, the registrant's licensee's signature
 20        and date shall also be included. If the signature is handwritten, it shall
 21        be adjacent to or  across  the  seal.  No  further  words  or  wording  is
 22        required.  A  facsimile  signature  generated  by  any  method will not be
 23        acceptable unless accompanied by a digital signature.
 24        (b)  The seal, signature and date shall be placed on all final  specifica-
 25        tions,  land  surveys, reports, plats, drawings, plans, design information
 26        and calculations, whenever presented to a client or any public or  govern-
 27        mental  agency.  Any such document presented to a client or public or gov-
 28        ernmental agency that is not final and does not contain a seal,  signature
 29        and  date  shall  be  clearly marked as "draft," "not for construction" or
 30        with similar words to distinguish the document from a final  document.  In
 31        the  event the final work product is preliminary in nature or contains the
 32        word "preliminary," such as a "preliminary engineering report," the  final
 33        work  product shall be sealed, signed and dated as a final document if the
 34        document is intended to be relied upon to make policy decisions  important
 35        to the life, health, property, or fiscal interest of the public.
 36        (c)  The  seal,  and signature of the licensee and date shall be placed on
 37        all original documents in such a manner that such seal, signature and date
 38        are reproduced when the original document is copied.  The  application  of
 39        the  registrant's  licensee's seal,  and signature and the date shall con-
 40        stitute certification that the work thereon was done by him or  under  his
 41        responsible  charge. Each plan or drawing sheet shall be sealed and signed
 42        and dated by the registrant licensee or registrants licensees  responsible
 43        for  each  sheet.  In  the case of a business entity, each plan or drawing
 44        sheet shall be sealed and signed and dated by the registrant  licensee  or
 45        registrants  licensees  involved.  Copies of electronically produced docu-
 46        ments, listed in paragraph (b) of this subsection, distributed for  infor-
 47        mational  uses  such  as  for  bidding  purposes or working copies, may be
 48        issued with the registrant's licensee's seal and a notice that the  origi-
 49        nal document is on file with the registrant's licensee's signature and the
 50        date. The words "Original Signed By:" and "Date Original Signed:" shall be
 51        placed  adjacent  to  or  across  the seal on the electronic original. The
 52        storage location of the original document shall also be provided. Only the
 53        title page of reports, specifications and like  documents  need  bear  the
 54        seal, and signature of the licensee and the date. of the registrant.
 55        (d)  The  seal  and  signature shall be used by registrants licensees only

                                       17

  1        when the work being stamped was under the registrant's licensee's  respon-
  2        sible charge.
  3        (e)  The design of the seal shall be as determined by the board.
  4        (4)  The  board  shall  issue  to any applicant who, in the opinion of the
  5    board, has met the requirements of this chapter, an enrollment certificate  or
  6    card  as  an  engineer-in-training  intern or land surveyor-in-training, which
  7    indicates that his name has been recorded as such in the board office  intern.
  8    The  engineer-in-training  intern or land surveyor-in-training enrollment card
  9    intern certificate does not authorize the certificate holder to practice as  a
 10    professional engineer or a professional land surveyor.

 11        SECTION  14.  That Section 54-1216, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        54-1216.  EXPIRATIONS AND RENEWALS -- FEES. Following issuance or  renewal
 14    of  certificates  of registration licenses for professional engineers and pro-
 15    fessional land surveyors, expiration shall be on the last  day  of  the  month
 16    during which the registrant licensee was born, in even-numbered state of Idaho
 17    fiscal  years  for  those born in even-numbered calendar years and in odd-num-
 18    bered state of Idaho fiscal years for  those  born  in  odd-numbered  calendar
 19    years,  and  shall become invalid on that date unless renewed. Certificates of
 20    authorization for business entities shall expire on the last day of the  month
 21    of  July  following  issuance or renewal and shall become invalid on that date
 22    unless renewed. It shall be the duty of the board to notify every person  reg-
 23    istered  licensed  and  every business entity certified under this chapter, of
 24    the date of the expiration of said certificate of registration license or cer-
 25    tificate of authorization and the amount of the fee that shall be required for
 26    its renewal. Such notice shall be mailed to the last known address of the reg-
 27    istrant licensee or business entity at least one (1) month in advance  of  the
 28    date  of  the  expiration of said license or certificate or of  authorization.
 29    Renewal may shall be effected effective at any time in  the  appropriate  year
 30    during the month in which the registrant licensee was born or during the month
 31    of  July  in the case of business entities, by the payment of a renewal fee to
 32    be fixed by the board at not more than one hundred fifty dollars  ($150).  The
 33    failure  on the part of any registrant licensee or certificate holder to renew
 34    his or its license or certificate biennially in the month in which  they  were
 35    born  or  in  the  month of July in the case of business entities, as required
 36    above shall not deprive such  person  or  business  entity  of  the  right  of
 37    renewal,  but  the  fee to be paid for the renewal of a license or certificate
 38    after the month  in which it is due shall be increased  twenty  percent  (20%)
 39    for each month or fraction of a month that payment of renewal is delayed; pro-
 40    vided,  however,  that  the  maximum  fee for delayed renewal shall not exceed
 41    twice the renewal fee for each biennium renewal cycle delinquent,  but  in  no
 42    event  more than three hundred dollars ($300). Any work performed after a reg-
 43    istration license or certificate of  authorization  has  expired,  but  before
 44    delayed  renewal has been effected, shall become valid upon delayed renewal as
 45    if the registration license or certificate of authorization had  not  expired,
 46    but the registrant licensee or certificate holder shall may be subject to dis-
 47    ciplinary action by the board for practice on an expired license or such other
 48    action as provided pursuant to this chapter.
 49        Following issuance or renewal of certificates of enrollment for engineers-
 50    in-training  interns  and land surveyors-in-training interns, expiration shall
 51    be on the last day of the month during which the certificate holder was  born,
 52    in  even-numbered  state of Idaho fiscal years for those born in even-numbered
 53    calendar years and in odd-numbered state of Idaho fiscal years for those  born

                                       18

  1    in odd-numbered calendar years. The notification to holders of certificates of
  2    enrollment  shall  be  processed as prescribed above for registrants licensees
  3    except that the biennial renewal fee shall not be  more  than  thirty  dollars
  4    ($30.00). The failure on the part of any holder of a certificate of enrollment
  5    to  effect  renewal shall not invalidate his status as an engineer-in-training
  6    intern or land surveyor-in-training intern, but his name shall,  after  ninety
  7    (90) days, be removed from the board's current mailing list.

  8        SECTION  15.  That Section 54-1218, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        54-1218.  PUBLIC WORK. It shall be unlawful for this  state,  or  for  any
 11    county, city, school district, irrigation district, drainage district, highway
 12    district,  or  other  subdivision  of the state, having power to levy taxes or
 13    assessments against property situated therein, to engage in  the  construction
 14    of  any  public  work  when the public health or safety is involved unless the
 15    plans and specifications and estimates have been prepared  by,  and  the  con-
 16    struction reviewed by a registered professional engineer.

 17        SECTION  16.  That Section 54-1219, Idaho Code, be, and the same is hereby
 18    amended to read as follows:

 19        54-1219.  COMITY CERTIFICATION LICENSURE -- FEE. The board, upon  applica-
 20    tion  therefor and the payment of a fee of not to exceed a maximum of one hun-
 21    dred fifty dollars ($150), may issue a certificate of registration license  as
 22    a  professional engineer or professional land surveyor to any person who holds
 23    a certificate of registration license issued to the applicant  by  the  proper
 24    authority of any state, territory or possession of the United States, the Dis-
 25    trict  of  Columbia, or of a foreign country, provided that, in the opinion of
 26    the board, the applicant possesses the education, experience  and  examination
 27    credentials,  or their equivalents, that were specified in the applicable reg-
 28    istration licensing chapter in effect in this state at the time such  certifi-
 29    cate  license was issued, provided that a professional land surveyor applicant
 30    must successfully pass a land surveying examination as prepared  and  adminis-
 31    tered  by the board, and provided such state, territory, possession or country
 32    will license, or issue certificates of registration, without  examination  and
 33    upon  substantially the same condition, to applicants holding licenses or cer-
 34    tificates of registration issued by the board under this chapter. In the event
 35    the applicant has been licensed and has practiced as a  professional  engineer
 36    or  professional  land surveyor in another jurisdiction for a minimum of eight
 37    (8) years, has no outstanding disciplinary action, and  is  in  good  standing
 38    under  a  licensing  system which, in the opinion of the board, maintains sub-
 39    stantially equivalent professional standards as required under  this  chapter,
 40    the  board  may,  in its discretion, waive the requirement for satisfaction of
 41    prescriptive credentials in education and examination.

 42        SECTION 17.  That Section 54-1220, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:

 44        54-1220.  DISCIPLINARY  ACTION  --  PROCEDURES. (1) Any affected party may
 45    prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
 46    violation of any provision of this chapter, or violation of any of  the  rules
 47    promulgated by the board against any individual registrant licensee or certif-
 48    icate  holder or against any business entity holding a certificate of authori-
 49    zation or against a person applying for a license or against a business entity

                                       19

  1    applying for a certificate of authorization. Repeated acts of  negligence  may
  2    be considered as a gross act for disciplinary action. Such charges shall be in
  3    writing,  and shall be sworn to by the person or persons making them and shall
  4    be filed with the executive director of the board. The executive  director  of
  5    the  board  shall be considered an affected party and may be the person making
  6    and filing the charges.
  7        (2)  All charges, unless dismissed by the board as unfounded  or  trivial,
  8    or  unless  settled  informally,  shall  be  heard by the board within six (6)
  9    months after the date they were received at the board office unless such  time
 10    is extended by the board for justifiable cause.
 11        (3)  The  time and place for said hHearing shall be fixed by the board and
 12    a copy of the charges, together with a notice of the time and place  of  hear-
 13    ing, shall be personally served on or mailed to the last known address of such
 14    individual  registrant  or business entity holding a certificate of authoriza-
 15    tion. The proceedings shall be governed by the provisions of chapter 52, title
 16    67, Idaho Code.
 17        (4)  If, after such hearing, the board votes in favor  of  sustaining  the
 18    charges,  the  board may, in its discretion, impose an administrative penalty,
 19    not to exceed two five thousand dollars ($25,000) for deposit in  the  general
 20    account fund of the state of Idaho. In addition, the board, in its discretion,
 21    may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or
 22    any  combination thereof, the individual's license or certificate of registra-
 23    tion or a business entity's certificate of authorization. The board may  also,
 24    in its discretion, require the individual to practice under the supervision of
 25    another  licensee, or require the individual to successfully complete continu-
 26    ing education courses as may be prescribed by the board.
 27        (5)  The board shall have jurisdiction over  registrants  licensees  whose
 28    licenses  are  not  current  provided the action relates to services performed
 29    when the license was current and valid.

 30        SECTION 18.  That Section 54-1221, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:

 32        54-1221.  REISSUANCE  OF  LICENSES AND CERTIFICATES. The board, upon peti-
 33    tion of an individual or a business entity, may reissue or reinstate a license
 34    or certificate of registration or certificate of authorization, provided three
 35    (3) or more members of  the board vote in favor of such  reissuance  or  rein-
 36    statement.  A  new  license  or  certificate of registration or certificate of
 37    authorization, to replace any license or certificate revoked, lost,  destroyed
 38    or  mutilated, may be issued, subject to the rules of the board, and upon pay-
 39    ment of such reasonable charge therefor as shall be  fixed  by  the  board  to
 40    cover the estimated cost of investigation and such reissuance, but not exceed-
 41    ing ten dollars ($10.00) in any case.

 42        SECTION  19.  That Section 54-1222, Idaho Code, be, and the same is hereby
 43    amended to read as follows:

 44        54-1222.  VIOLATIONS AND PENALTIES -- PROSECUTION OF OFFENSES. Any  person
 45    who  shall practice, or offer to practice, professional engineering or profes-
 46    sional land surveying in this  state  without  being  registered  licensed  in
 47    accordance  with  the  provisions of this chapter, or any person presenting or
 48    attempting to use as his own the certificate of registration  license  or  the
 49    seal  of another, or any person who shall give any false or forged evidence of
 50    any kind to the board or to any member thereof in obtaining a license or  cer-
 51    tificate,  of  registration,  or  any person who shall falsely impersonate any

                                       20

  1    other registrant licensee of like or different name, or any person  who  shall
  2    attempt  to  use  an expired or revoked certificate of registration license or
  3    practice at any time during a period the board has suspended  or  revoked  his
  4    certificate  of  registration  license, or any person who shall violate any of
  5    the provisions of this chapter, shall be guilty of a misdemeanor.
  6        Legal counsel selected by the board, or the attorney general of this state
  7    or anyone designated by him may act as legal advisor of the board. It shall be
  8    the duty of the attorney general of this state to enforce  the  provisions  of
  9    this  chapter  relating to unlicensed practice and to prosecute any unlicensed
 10    person violating the same. The attorney general shall  be  reimbursed  by  the
 11    board for any fees and expenses incurred by the attorney general in represent-
 12    ing the board or prosecuting unlicensed persons.

 13        SECTION  20.  That Section 54-1223, Idaho Code, be, and the same is hereby
 14    amended to read as follows:

 15        54-1223.  SAVING CLAUSE -- EXEMPTIONS. (1) This chapter shall not be  con-
 16    strued to affect:
 17        (a)  The  practice of any other profession or trade for which a license is
 18        required under any law of this state or the United States.
 19        (b)  The work of an employee or a subordinate of a person holding  a  cer-
 20        tificate  of  registration  license under this chapter, provided such work
 21        does not include final engineering design or land surveying decisions  and
 22        is done under the direct responsibility, checking, and supervision of, and
 23        verified  by, a person holding a certificate of registration license under
 24        this chapter.
 25        (c)  Any individual teaching upper division engineering subjects that  are
 26        classified  as  engineering  design  for any college or university in this
 27        state as of July 1, 1988, and any such individual employed after  July  1,
 28        1988,  for a period of five (5) years from the date of employment with any
 29        college or university in this state.
 30        (d)  An individual doing surveying work for himself, or through a business
 31        entity, on property owned or leased by the individual or business  entity,
 32        or  in  which the individual or business entity has an interest, estate or
 33        possessory right and which affects exclusively the property  or  interests
 34        of  the  individual or business entity; provided, that  all land surveying
 35        maps, plats or plans filed with any county recorder's office in the  state
 36        of  Idaho  for the purpose of illustrating or defining boundaries of prop-
 37        erty ownership, shall be made and certified by a registered, licensed pro-
 38        fessional land surveyor as provided in this chapter.
 39        (e)  An individual doing survey work for himself, or  through  a  business
 40        entity  with respect to the location, amendment, or relocation of a mining
 41        claim.
 42        (f)  The practice of engineering by employees of a business entity as long
 43        as the services provided by them are  for  internal  business  entity  use
 44        only.
 45        (2)  The  board,  at  its discretion, may exempt an exceptional individual
 46    who has twelve (12) or more years of  appropriate  experience  in  engineering
 47    from the requirement for satisfactory completion of an examination in the fun-
 48    damentals of engineering.
 49        (3)  An applicant for licensure as a professional engineer either by exam-
 50    ination  or  by comity who has earned a bachelor degree in engineering from an
 51    approved engineering program and has, in addition, earned a  doctorate  degree
 52    in  engineering  from  a college or university which offers an approved under-
 53    graduate program in the same discipline as the doctorate degree earned,  shall

                                       21

  1    be  exempt  from the requirement for satisfactory completion of an examination
  2    in the fundamentals of engineering. Honorary doctorate degrees are not consid-
  3    ered earned degrees for purposes of this subsection.
  4        (4)  In addition to, and notwithstanding other provisions of this chapter,
  5    in circumstances of emergency creating conditions of imminent and  substantial
  6    danger  to  the  public health, safety or environment through the provision of
  7    engineering services, the prosecuting attorney or  the  attorney  general  may
  8    institute  a civil action for an immediate injunction to halt the provision of
  9    engineering services.
 10        (5)  A professional engineer licensed in Idaho may review the  work  of  a
 11    professional  engineer  who  is licensed in another jurisdiction of the United
 12    States or a foreign country on a project that is a site adaptation of a  stan-
 13    dard design plan to determine that the standard design plan meets the standard
 14    of  care and is applicable to the intended circumstance, with or without modi-
 15    fication.  The  Idaho  professional  engineer  shall  demonstrate  responsible
 16    charge, as defined  in  this  chapter,  by  performing  professional  services
 17    related  to his assignment including developing or obtaining a complete design
 18    record with  design  criteria  and  calculations,  performing  necessary  code
 19    research  and developing any necessary and appropriate changes to the standard
 20    design plan necessary to properly apply the standard design  to  the  intended
 21    circumstance.  The  nonprofessional  services,  such  as drafting, need not be
 22    redone by the Idaho professional engineer, but  must  clearly  and  accurately
 23    reflect  the  Idaho  professional  engineer's work. The burden is on the Idaho
 24    professional engineer to show such compliance. The Idaho professional engineer
 25    shall have control of and responsibility for the entire  work  product,  shall
 26    seal, sign and date it as required in this chapter, and shall be in possession
 27    of all original documents or certified copies of documents related to the pro-
 28    fessional engineer's work for the project.

 29        SECTION  21.  That Section 54-1225, Idaho Code, be, and the same is hereby
 30    amended to read as follows:

 31        54-1225.  APPEALS. Any person or organization who shall feel aggrieved  by
 32    any  action  of the board in denying, suspending or revoking a license or cer-
 33    tificate of registration or certificate of authorization, as  is  appropriate,
 34    may  appeal  therefrom in accordance with the provisions of the administrative
 35    procedures act, chapter 52, title 67, chapter 52, Idaho Code.

 36        SECTION 22.  That Section 54-1227, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:

 38        54-1227.  SURVEYS  --  AUTHORITY AND DUTIES OF PROFESSIONAL LAND SURVEYORS
 39    AND PROFESSIONAL ENGINEERS. Every registered, licensed professional land  sur-
 40    veyor is hereby authorized to make land surveys relating to the sale or subdi-
 41    vision  of lands, the retracing or establishing of property or boundary lines,
 42    public roads, streets, alleys, or trails; and it shall be  the  duty  of  each
 43    registered  licensed professional land surveyor, whenever making any such land
 44    survey, to set permanent and reliable monuments, the  minimum  size  of  which
 45    shall be one-half (1/2) five-eighths (5/8) inch in least dimension and two (2)
 46    feet  long iron or steel rod unless special circumstances preclude use of such
 47    monument; and such monuments must be permanently marked or bear  a  metal  cap
 48    with the registration license number of the professional land surveyor respon-
 49    sible for placing the monument. Professional engineers qualified and duly reg-
 50    istered  licensed pursuant to title 54, Idaho Code, this chapter may also per-
 51    form those nonboundary surveys necessary and incidental to  the  work  custom-

                                       22

  1    arily performed by them.

  2        SECTION  23.  That Section 54-1228, Idaho Code, be, and the same is hereby
  3    amended to read as follows:

  4        54-1228.  ADMINISTERING AND CERTIFICATION OF OATHS -- AUTHORITY OF PROFES-
  5    SIONAL LAND SURVEYORS. Every registered, professional land surveyor is  autho-
  6    rized  to administer and certify oaths, when it becomes necessary to take tes-
  7    timony to identify or establish old or lost corners, or to perpetuate a corner
  8    that is in a perishable condition, or whenever the importance of the land sur-
  9    vey makes it desirable, and to administer oaths to assistants for the faithful
 10    performance of duty. A record of such oaths shall be kept as part of the field
 11    notes of the land survey.

 12        SECTION 24.  That Section 54-1230, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:

 14        54-1230.  PUBLIC  OR  PRIVATE  SURVEYING -- RIGHT OF ENTRY. (1) Any person
 15    employed in the execution of any survey authorized  by  the  congress  of  the
 16    United  States  may  enter  upon  lands  within  this state for the purpose of
 17    exploring, triangulating, leveling, surveying, and of doing any work which may
 18    be necessary to carry out the objects of then existing laws relative  to  sur-
 19    veys,  and may establish permanent station marks, and erect the necessary sig-
 20    nals and temporary observatories, doing no unnecessary injury thereby.
 21        (2)  A professional land surveyor licensed pursuant to the  provisions  of
 22    this  chapter,  and  his subordinates, who, in the course of work which may be
 23    necessary to carry out the objects of existing laws relative to surveys,  find
 24    it  necessary  to  go upon or across the land of a party or parties other than
 25    the one for whom the survey is being made, and upon or across  such  land  lie
 26    land  survey  corners  or monuments,  the access to which is necessary to com-
 27    plete a survey, shall not be guilty of trespass but shall be  liable  for  any
 28    damage done to such land or property. If the person making a survey under this
 29    subsection  (2)  cannot  obtain  oral permission from the owner of the land to
 30    enter, then he shall give written notice via United States post office  certi-
 31    fied mailing, return receipt requested, of the survey to the owner of the land
 32    at  least  ten (10) days before going upon or across the land. If confirmation
 33    of delivery of notification is received by the surveyor within  the  ten  (10)
 34    days, the surveyor may go upon or across the land.

 35        SECTION  25.  That Section 54-1231, Idaho Code, be, and the same is hereby
 36    amended to read as follows:

 37        54-1231.  PUBLIC OR PRIVATE SURVEYING -- ASSESSMENT OF DAMAGES FOR  ENTRY.
 38    If  the parties interested cannot agree upon the amount to be paid for damages
 39    caused thereby, either of them may petition the district court in  the  county
 40    in  which the land is situated, which court shall appoint a time for a hearing
 41    as soon as may be, and order at least twenty (20) days' notice to be given  to
 42    all  parties  interested,  and, with or without a view of the premises, as the
 43    court may determine, hear the parties and their witnesses and assess damages.

 44        SECTION 26.  That Section 54-1232, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:

 46        54-1232.  PUBLIC  OR PRIVATE SURVEYING -- TENDER OF DAMAGES FOR ENTRY. The
 47    person so entering upon land may tender to the injured party damages therefor,

                                       23

  1    and if, in case of petition or complaint to the  court,  the  damages  finally
  2    assessed  do not exceed the amount tendered, the person entering shall recover
  3    costs; otherwise the prevailing party shall recover costs.

  4        SECTION 27.  That Section 54-1233, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:

  6        54-1233.  PUBLIC  OR  PRIVATE SURVEYING -- COSTS OF ASSESSMENT OF DAMAGES.
  7    The costs to be allowed in all such cases shall be the same as allowed accord-
  8    ing to the rules of the court, and provisions of law relating thereto.

  9        SECTION 28.  That Section 54-1234, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        54-1234.  MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any per-
 12    son  shall  wilfully  willfully deface, injure or remove any signal, monument,
 13    building or other object set as a permanent boundary survey marker by a regis-
 14    tered, professional land surveyor, he shall forfeit a sum not  exceeding  five
 15    hundred  dollars ($500) for each offense, and shall be liable for damages sus-
 16    tained by the affected parties in consequence  of  such  defacing,  injury  or
 17    removal, to be recovered in a civil action in any court of competent jurisdic-
 18    tion.

 19        SECTION  29.  That Section 54-1235, Idaho Code, be, and the same is hereby
 20    amended to read as follows:

 21        54-1235.  PRACTICE BY A BUSINESS ENTITY. (1) The practice of or  offer  to
 22    practice  professional  engineering or professional land surveying, as defined
 23    in this chapter, by professional engineers  or  professional  land  surveyors,
 24    through  a business entity, or by a business entity through professional engi-
 25    neers or professional land surveyors, as employees, or officers, is  permitted
 26    subject to the provisions of this chapter, provided that all personnel of such
 27    business  entity,  who  act in its behalf as professional engineers or profes-
 28    sional land surveyors in this state are registered  licensed  as  provided  by
 29    this  chapter, or are persons lawfully practicing under the exemptions enumer-
 30    ated in this chapter, and further provided that said business  entity,  except
 31    utilities  regulated by the Idaho public utilities commission, has been issued
 32    a certificate of authorization by the board as provided by  this  chapter.  No
 33    business entity shall be relieved of responsibility for the conduct or acts of
 34    its  employees  or officers by reason of its compliance with the provisions of
 35    this chapter, nor shall any individual practicing professional engineering  or
 36    professional land surveying as defined in this chapter, be relieved of respon-
 37    sibility for engineering or land surveying services performed by reason of his
 38    employment  or  relationship  with  such  business entity. All final drawings,
 39    specifications, plats, reports, or other engineering or land surveying  papers
 40    or  documents  involving  the  practice of professional engineering or profes-
 41    sional land surveying as defined in this chapter, which shall have  been  pre-
 42    pared  or  approved for the use of or for delivery to any person or for public
 43    record within this state shall be dated and bear the signature and seal of the
 44    professional engineer or professional land surveyor who prepared  or  approved
 45    them.
 46        (2)  A  business  entity organized pursuant to this section may provide or
 47    offer to provide allied professional services as defined in  section  30-1303,
 48    Idaho  Code, in connection with the providing of engineering or land surveying
 49    services, by persons licensed in allied professions  acting  as  employees  or

                                       24

  1    officers,  provided such persons are duly licensed or otherwise legally autho-
  2    rized to render such allied professional services within this state.
  3        (3)  A business entity desiring a certificate of authorization  for  engi-
  4    neering, for land surveying, or for both, shall file with the board a descrip-
  5    tion  of  the engineering or land surveying service to be offered or practiced
  6    in the state, an application upon a form to be prescribed by the board and the
  7    designation required by the following paragraph, accompanied by  the  applica-
  8    tion fee.
  9        (4)  Such  business  entity  shall file with the board a designation of an
 10    individual or individuals duly registered and certified licensed  to  practice
 11    professional  engineering  or  professional  land  surveying in this state who
 12    shall be in responsible charge of the practice of professional engineering  or
 13    land  surveying,  as applicable, by said business entity in this state. In the
 14    event there shall be a change in the individual or individuals in  responsible
 15    charge,  such  changes shall be designated in writing and filed with the board
 16    within thirty (30) days after the effective date of such change.
 17        If all requirements of this chapter are met, the board shall issue to such
 18    business entity a certificate of authorization for  professional  engineering,
 19    for  land  surveying,  or for both; provided, however, the board may refuse to
 20    issue a certificate if any facts exist which would entitle the board  to  sus-
 21    pend or revoke an existing certificate.
 22        A  professional  engineer  or professional land surveyor who renders occa-
 23    sional, part-time or consulting engineering or land surveying services  to  or
 24    for  a  business  entity  may  not  be designated as the person in responsible
 25    charge for the professional activities of the business entity.
 26        (5)  The secretary of state shall not accept for filing  from  any  person
 27    any  assumed  business  name  which  includes within its name any of the words
 28    "engineer," "engineering," "land surveyor," "land surveying," or any modifica-
 29    tion or derivation thereof, unless the board shall have issued a letter  indi-
 30    cating  that  the  person has a licensed professional in responsible charge of
 31    the professional activities of the sole proprietorship or business entity. The
 32    board may notify the secretary of state, in writing, that it waives any objec-
 33    tion to the name if the person is clearly not governed by  chapter  12,  title
 34    54, Idaho Code. The secretary of state shall not accept for filing the organi-
 35    zational  documents  of an Idaho business entity, or authorize the transaction
 36    of business by any foreign business entity which includes, among  objects  for
 37    which  it  is  established  or  within  its name, any of the words "engineer,"
 38    "engineering," "land surveyor," "land surveying," or any modification or deri-
 39    vation thereof, unless the board shall have issued for said applicant  a  cer-
 40    tificate  of  authorization  or  a  letter  indicating the eligibility of said
 41    applicant to receive such certificate. The board may notify the  secretary  of
 42    state,  in writing, that it waives any objection to the name or purpose of any
 43    business entity if it is clearly not governed by chapter 12, title  54,  Idaho
 44    Code.  The  business  entity applying shall include such certificate or letter
 45    from the board with any filings submitted to the secretary of state.

 46        SECTION 30.  That Section 54-1236, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:

 48        54-1236.  EXCLUSIVE  JURISDICTION  OF THE STATE -- RESTRICTION ON REQUIRE-
 49    MENT FOR ADDITIONAL LICENSES OR FEES.  (1)  Only  the  board  of  registration
 50    licensure  of  professional  engineers  and professional land surveyors of the
 51    state of Idaho is authorized and empowered to issue  licenses  to  persons  to
 52    practice the profession of engineering or land surveying.
 53        (2)  No  local jurisdiction shall have the authority to require additional

                                       25

  1    licensure or to require payment of any fees  in  order  for  any  professional
  2    engineer  or  professional land surveyor to engage in the practice of the pro-
  3    fession for which the board has issued a license.

  4        SECTION 31.  That Section 55-1603, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:

  6        55-1603.  DEFINITIONS.  Except  where  the  context  indicates a different
  7    meaning, terms used in this chapter shall be defined as follows:
  8        (1)  An "aAccessory to a corner" is  means  any  exclusively  identifiable
  9    physical object whose spatial relationship to the corner is recorded. Accesso-
 10    ries  may  be  bearing trees, bearing objects, monuments, reference monuments,
 11    line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes,  or
 12    other objects.
 13        (2)  "Adequate  evidence of the existence of a land survey monument" means
 14    the visual presence of the monument or existence of  a  federal  general  land
 15    office  or  bureau of land management plat on which the monument appears, or a
 16    recorded corner perpetuation and filing form as provided in this chapter, or a
 17    record of survey filed in accordance with chapter 19, title 55, Idaho Code, on
 18    which the monument appears, or a subdivision plat  filed  in  accordance  with
 19    chapter 13, title 50, Idaho Code, on which the monument appears.
 20        (3)  The  "bBoard" is means the board of registration licensure of profes-
 21    sional engineers and professional land surveyors.
 22        (43)  A "cCorner," unless otherwise defined, means a property corner, or a
 23    property controlling corner, or a public land survey corner, or  any  combina-
 24    tion of these.
 25        (54)  "Establish" means to determine the position of a corner either phys-
 26    ically or mathematically.
 27        (65)  A  "mMonument" is means a physical structure that occupies the exact
 28    position of a corner.
 29        (76)  A "pProfessional land surveyor" means any person who  is  authorized
 30    by the laws of this state to practice land surveying.
 31        (87)  A  "pProperty  controlling  corner" for a property is means a public
 32    land survey corner, or any property corner, which does not lie on  a  property
 33    line  of  the property in question, but which controls the location of one (1)
 34    or more of the property corners of the property in question.
 35        (98)  A "pProperty corner" is means a geographic point on the  surface  of
 36    the earth, and is on, a part of, and controls a property line.
 37        (109)  A  "pPublic  land survey corner" is means any point actually estab-
 38    lished and monumented in an original survey or resurvey  that  determines  the
 39    boundaries of remaining public lands, or public lands patented, represented on
 40    an  official  plat and in the field notes thereof, accepted and approved under
 41    authority delegated by congress to the U.S. general land office and  the  U.S.
 42    department of interior, bureau of land management.
 43        (110) A  "rReference  monument"  is means a special monument that does not
 44    occupy the same geographical position as the corner itself, but whose  spatial
 45    relationship  to  the corner is recorded, and which serves to witness the cor-
 46    ner.

 47        SECTION 32.  That Section 55-1608, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:

 49        55-1608.  PROFESSIONAL  LAND  SURVEYOR  TO RECONSTRUCT MONUMENTS. In every
 50    case where a corner record of a survey corner  is  required  to  be  filed  or
 51    recorded  under the provisions of this chapter, the professional land surveyor

                                       26

  1    must reconstruct or rehabilitate the monument of such corner, and  accessories
  2    to  such  corner,  so that it will be as permanent a monument as is reasonably
  3    possible to provide and so that it may be located with facility at any time in
  4    the future.
  5        Any monument set shall be permanently marked or tagged with  the  certifi-
  6    cate number of the professional land surveyor in responsible charge conform to
  7    the  provisions  of  section  54-1227, Idaho Code. If the monument is set by a
  8    public officer, it shall be marked by an appropriate official designation.

  9        SECTION 33.  That Section 55-1612, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        55-1612.  PENALTY.  Professional land surveyors failing to comply with the
 12    provisions hereof and professional engineers who prepare plans  which  do  not
 13    indicate  the  presence of corners for which adequate evidence exists shall be
 14    deemed to be within the purview of section 54-1220, Idaho Code, and  shall  be
 15    subject  to  disciplinary action as in said section provided. Any person shall
 16    be subject to the penalties prescribed in section 54-1234, Idaho Code, if they
 17    prepare plans for the construction of any facility and  construction  of  that
 18    facility  results  in  the  defacing,  injury or removal of a monument, if the
 19    plans they prepare do not indicate  the presence of a corner  or  corners  for
 20    which adequate evidence exists.

 21        SECTION  34.  That Section 55-1613, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 23        55-1613.  MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES --  PROCEDURE  --
 24    REQUIREMENTS.  When adequate evidence professional engineers prepare construc-
 25    tion documents for projects which may disturb land survey monuments,  a  field
 26    search  shall  be conducted by, or under the direction of, a professional land
 27    surveyor to determine whether monuments, reference monuments or accessories to
 28    corners physically exists as to at the location of, or referencing  the  loca-
 29    tion  of,  a public land survey corners, subdivision, tract, property control-
 30    ling corners or property, or other land corners,. Ssuch  monuments,  reference
 31    monuments  or  accessories  to  corners  shall be located and referenced by or
 32    under the direction of a professional land surveyor prior  to  the  time  when
 33    construction  or  other activities may disturb them. Such monuments, reference
 34    monuments or accessories to corners shall be  reestablished  and  remonumented
 35    by,  or under the direction of, a professional land surveyor at the expense of
 36    the agency or person causing the such loss or disturbance. of monuments.  Pro-
 37    fessional  engineers  who  prepare  plans  construction documents which do not
 38    indicate the presence existence of corners, for which adequate evidence exists
 39    monuments, reference monuments and accessories to corners shall be  deemed  to
 40    be  within the purview of section 54-1220, Idaho Code, and shall be subject to
 41    disciplinary action as provided in said section. Any person shall  be  subject
 42    to  the  penalties  prescribed in section 54-1234, Idaho Code, if they prepare
 43    plans construction documents for the construction of any facility which do not
 44    indicate the existence of monuments, reference monuments  and  accessories  to
 45    corners  and  construction of that facility results in the defacing, injury or
 46    removal of a monuments, if the plans they prepare do not indicate the presence
 47    of a corner or corners for which adequate evidence exists reference  monuments
 48    or accessories to corners.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Davis

                                                     Seconded by Goedde


                                       IN THE SENATE
                  SENATE AMENDMENT TO H.B. NO. 380, As Amended, As Amended

  1                                AMENDMENT TO THE BILL
  2        On page 22 of the engrossed bill, delete lines 12 through 47; and on  page
  3    23,  delete  lines  1 through 10; and renumber subsequent sections of the bill
  4    accordingly.

  5                                 CORRECTION TO TITLE
  6        On page 2, delete lines 39 through 50 and insert: "FAITHFUL PERFORMANCE OF
  7    DUTY AND TO CLARIFY TERMINOLOGY; AMENDING SECTION 54-1234, IDAHO CODE, TO COR-
  8    RECT A MIS-".

                                       2

                                                     Moved by    Rusche

                                                     Seconded by Smith(30)


                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO H.B. NO. 380, As Amended


  1                                AMENDMENT TO SECTION 1
  2        On page 3 of the engrossed bill,  delete lines 14 through 52, and on  page
  3    4, delete line 1 and insert:
  4        "50-1303.  SURVEY  --  STAKES  AND  MONUMENTS  -- ACCURACY. The centerline
  5    intersections and  points  where  the  centerline  changes  direction  on  all
  6    streets,  avenues,  and  public  highways, and all points, witness corners and
  7    reference monuments on the exterior boundary where the boundary  line  changes
  8    direction  shall  be  marked  with magnetically detectable monuments either of
  9    concrete, galvanized iron pipe, aluminum pipe, iron or  steel  rods  or  other
 10    suitable  monument  approved  by the county surveyor; if concrete be used they
 11    shall not be less than six (6) inches by six (6) inches  by  twenty-four  (24)
 12    inches  or  in the case of public highways the size of a state standard right-
 13    of-way monument, and be magnetically detectable; if galvanized  iron  pipe  be
 14    used  they  shall  not  be  less than one (1) inch in diameter and thirty (30)
 15    inches long; if aluminum pipe be used they shall not be less than one (1) inch
 16    in diameter and thirty (30) inches long, and be magnetically  detectable;  and
 17    if iron or steel rods be used they the minimum size of which shall not be less
 18    than  five-eighths (5/8) of an inch in least dimension  and thirty (30) inches
 19    two (2) feet long. Points shall be plainly and permanently marked  upon  monu-
 20    ments  so that measurements may be taken to them to within one-tenth (1/10) of
 21    a foot. A iron or steel rod unless special circumstances preclude use of  such
 22    monument  and  all lot and block corners, witness corners, and reference monu-
 23    ments for lot and block corners shall be marked with monuments of either  gal-
 24    vanized  iron  pipe, not less than one-half (1/2) inch in diameter, or iron or
 25    steel rods, not less than one-half (1/2) inch in least dimension and  two  (2)
 26    feet long or other suitable monument approved by the county surveyor. All mon-
 27    uments  set  shall  be magnetically detectable and shall be permanently marked
 28    with the registration number of the professional land surveyor in  responsible
 29    charge  conforming to the provisions of section 54-1227, Idaho Code. Monuments
 30    shall be plainly and permanently marked so that measurements may be  taken  to
 31    the  marks  within one-tenth (1/10) of a foot. All lot corners of a burial lot
 32    within a platted cemetery need not be marked with a monument,  but  the  block
 33    corners shall be placed within the cemetery in accordance with sound surveying
 34    principles  and  practice,  and  at locations that will monumented in order to
 35    permit the accurate identification of each burial lot within the cemetery. The
 36    monuments shall be of either galvanized iron pipe or iron  or  steel  rods  or
 37    bars  not  less  than  one-half (1/2) inch in least dimension and two (2) feet
 38    long with marked cap; or caps not less than one (1) inch in  diameter  conform
 39    to  the  provisions of section 54-1227, Idaho Code. The locations and descrip-
 40    tions of all monuments within a platted cemetery shall be  carefully  recorded
 41    upon  the  plat,  and  the  proper courses and distances of all boundary lines
 42    shall be shown, but may be shown by appropriate legend.  The  survey  for  any
 43    plat shall be conducted in such a manner as to produce an unadjusted mathemat-
 44    ical  error  of  closure  of  not  less  than  one  (1)  part in five thousand
 45    (5,000).".

                                       3

  1                               AMENDMENTS TO SECTION 22
  2        On page 21, delete lines 38 through 51, and on page 22, delete line 1  and
  3    insert:
  4        "54-1227.  SURVEYS  -- AUTHORITY AND DUTIES OF PROFESSIONAL LAND SURVEYORS
  5    AND PROFESSIONAL ENGINEERS. Every registered, licensed professional land  sur-
  6    veyor is hereby authorized to make land surveys relating to the sale or subdi-
  7    vision  of lands, the retracing or establishing of property or boundary lines,
  8    public roads, streets, alleys, or trails; and it shall be  the  duty  of  each
  9    registered  licensed professional land surveyor, whenever making any such land
 10    survey, to set permanent and reliable magnetically detectable  monuments,  the
 11    minimum  size of which shall be one-half (1/2) inch in least dimension and two
 12    (2) feet long iron or steel rod unless special circumstances preclude  use  of
 13    such  monument;  and such monuments must be permanently marked with the regis-
 14    tration license number of the professional land surveyor responsible for plac-
 15    ing  the  monument.  Professional  engineers  qualified  and  duly  registered
 16    licensed pursuant to title 54, Idaho Code, this chapter may also perform those
 17    nonboundary surveys necessary and incidental to the work customarily performed
 18    by them.".

 19                                 CORRECTIONS TO TITLE
 20        On page 1, in line 5, following "AND" insert: "LOT AND"; also in  line  5,
 21    following "BLOCK CORNERS," insert: "TO PROVIDE FOR AN EXCEPTION,".
 22        On  page  2,  delete lines 34 and 35, and insert: "54-1227, IDAHO CODE, TO
 23    PROVIDE FOR MAGNETICALLY DETECTABLE MONUMENTS, TO".

                                       4

                                                     Moved by    Rusche

                                                     Seconded by Snodgrass


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 380

  1                               AMENDMENTS TO SECTION 24
  2        On page 22 of the printed bill, delete lines 21 through 34 and insert:
  3        "(2)  A professional land surveyor licensed pursuant to the provisions  of
  4    this  chapter,  and  his subordinates, who, in the course of work which may be
  5    necessary to carry out the objects of existing laws relative to surveys,  find
  6    it  necessary  to go upon or across the lands of a party or parties other than
  7    the one for whom the survey is being made, and upon or across  such  land  lie
  8    land survey corners or monuments, the access to which is necessary to complete
  9    a  survey,  shall not be guilty of trespass but shall be liable for any damage
 10    done to such land or property, provided the following actions are taken:
 11        (a)  If oral permission cannot be obtained from the owner of the property,
 12        then the person making the survey shall give  written  notice  via  United
 13        States  post  office  certified  mailing, return receipt requested, of the
 14        survey to the owner of the land at least ten (10) days before  going  upon
 15        or across the land; and
 16        (b)  Upon receipt of delivery confirmation, or after ten (10) days follow-
 17        ing  the  date  of mailing of the written notice, whichever is sooner, the
 18        surveyor and his subordinates may enter upon the land.".

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




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

            HOUSE BILL NO. 380, As Amended, As Amended, As Amended in the Senate

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND  SURVEYORS;  AMENDING
  3        SECTION  50-1303, IDAHO CODE, TO PROVIDE FOR REVISED MONUMENT REQUIREMENTS
  4        FOR CENTERLINE INTERSECTIONS, POINTS WHERE THE CENTERLINE  CHANGES  DIREC-
  5        TION,  POINTS, WITNESS CORNERS, REFERENCE MONUMENTS AND LOT AND BLOCK COR-
  6        NERS, TO PROVIDE FOR AN EXCEPTION, TO REVISE TERMINOLOGY AND TO MAKE TECH-
  7        NICAL CORRECTIONS; AMENDING SECTION 54-1201, IDAHO CODE, TO PROVIDE  THAT,
  8        UNLESS  EXEMPTED  BY IDAHO CODE, A LAND SURVEYOR MUST BECOME DULY LICENSED
  9        AS A PROFESSIONAL LAND SURVEYOR BY THE BOARD OF LICENSURE OF  PROFESSIONAL
 10        ENGINEERS  AND  PROFESSIONAL LAND SURVEYORS TO BE ALLOWED TO PRACTICE PRO-
 11        FESSIONAL LAND SURVEYING  AND  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION
 12        54-1202,  IDAHO  CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORREC-
 13        TIONS; AMENDING SECTION 54-1203, IDAHO CODE, TO REVISE TERMINOLOGY; AMEND-
 14        ING SECTION 54-1204, IDAHO CODE, TO REVISE TERMINOLOGY;  AMENDING  SECTION
 15        54-1208,  IDAHO  CODE, TO REMOVE THE POWER OF THE BOARD TO ADOPT AND AMEND
 16        BYLAWS, TO PROVIDE THE BOARD THE POWER TO ADOPT AND  AMEND  ADMINISTRATIVE
 17        RULES,  TO CLARIFY CONTINUING EDUCATION REQUIREMENTS, TO PROVIDE THE CLAS-
 18        SIFICATION OF CERTAIN INDIVIDUALS AS EMPLOYEES  UNDER  CERTAIN  CONDITIONS
 19        FOR  PURPOSES  OF  THE IDAHO TORT CLAIMS ACT, TO REVISE TERMINOLOGY AND TO
 20        CLARIFY TERMINOLOGY; AMENDING SECTION 54-1210, IDAHO  CODE,  TO  REMOVE  A
 21        REQUIREMENT THAT A CERTIFIED TRANSCRIPT OF THE BOARD'S RECORDS BE ADMISSI-
 22        BLE  IN  EVIDENCE,  TO  PROVIDE  THAT THE CERTIFIED MINUTES OF THE BOARD'S
 23        RECORDS BE ADMISSIBLE IN EVIDENCE, TO REMOVE A REQUIREMENT THAT THE  BOARD
 24        SUBMIT  TO  THE  GOVERNOR  A COMPLETE YEARLY STATEMENT OF ITS RECEIPTS AND
 25        EXPENDITURES, ATTESTED BY AFFIDAVITS OF ITS  CHAIRMAN  AND  SECRETARY,  TO
 26        PROVIDE FOR THE BOARD TO SUBMIT TO THE GOVERNOR A SUMMARY YEARLY STATEMENT
 27        OF  ITS RECEIPTS AND EXPENDITURES AND TO REVISE TERMINOLOGY; AMENDING SEC-
 28        TION 54-1211, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 54-1212,
 29        IDAHO CODE, TO REMOVE A PROVISION PROVIDING THAT  ANY  PERSON  HAVING  THE
 30        NECESSARY  QUALIFICATIONS  BE ENTITLED TO BE ELIGIBLE FOR REGISTRATION, TO
 31        PROVIDE THAT ANY PERSON HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO
 32        BE ELIGIBLE TO ASSIGNMENT TO AN EXAMINATION FOR  LICENSURE  OR  CERTIFICA-
 33        TION,  TO REVISE TERMINOLOGY, TO CLARIFY TERMINOLOGY AND TO MAKE A TECHNI-
 34        CAL CORRECTION; AMENDING SECTION 54-1212, IDAHO CODE, AS AMENDED  BY  SEC-
 35        TION  1,  CHAPTER  125, LAWS OF 2002, AS AMENDED BY SECTION 2, CHAPTER 15,
 36        LAWS OF 2003, AS AMENDED BY SECTION 2, CHAPTER 84, LAWS OF 2004, TO REMOVE
 37        A PROVISION PROVIDING THAT ANY PERSON HAVING THE NECESSARY  QUALIFICATIONS
 38        BE  ENTITLED  TO  BE ELIGIBLE FOR REGISTRATION, TO PROVIDE THAT ANY PERSON
 39        HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE TO  ASSIGN-
 40        MENT TO AN EXAMINATION FOR LICENSURE OR CERTIFICATION, TO REVISE TERMINOL-
 41        OGY  AND  TO CLARIFY TERMINOLOGY; AMENDING SECTION 54-1213, IDAHO CODE, TO
 42        STRIKE LANGUAGE PROVIDING THAT APPLICATIONS FOR LICENSURE  MUST  SHOW  THE
 43        APPLICANT'S TECHNICAL EXPERIENCE, TO REMOVE A PROVISION REQUIRING SEPARATE
 44        APPLICATION  FEES,  TO PROVIDE THAT IF A CERTIFICATE OR LICENSE IS DENIED,
 45        THE BOARD WILL RETAIN THE FEE PAID AS A PROCESSING FEE AND TO REVISE  TER-
 46        MINOLOGY;  AMENDING  SECTION  54-1214,  IDAHO  CODE,  TO  PROVIDE  CERTAIN

                                       2

  1        REQUIREMENTS  THAT  WARRANT  ASSIGNMENT TO A SUBSEQUENT EXAMINATION IN THE
  2        EVENT AN EXAMINEE FAILS THE EXAMINATION FOR THE FIRST,  SECOND,  THIRD  OR
  3        SUBSEQUENT  TIME,  TO  REMOVE  A PROVISION ALLOWING THE BOARD TO PUBLISH A
  4        BROCHURE OF SPECIFICATIONS FOR THE WRITTEN EXAMINATION, TO  REVISE  TERMI-
  5        NOLOGY  AND  TO CLARIFY TERMINOLOGY; AMENDING SECTION 54-1215, IDAHO CODE,
  6        TO REMOVE A PROVISION FOR THE  ISSUANCE  OF  A  CARD  INDICATING  THAT  AN
  7        ENGINEER-IN-TRAINING'S  OR  A  LAND  SURVEYOR-IN-TRAINING'S  NAME HAS BEEN
  8        RECORDED AS SUCH IN THE BOARD'S OFFICE, TO REVISE TERMINOLOGY, TO  CLARIFY
  9        TERMINOLOGY  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1216,
 10        IDAHO CODE, TO REMOVE A PROVISION FOR A MAXIMUM FEE  FOR  DELAYED  RENEWAL
 11        FOR  EACH  BIENNIUM  DELINQUENCY,  TO  PROVIDE  A  MAXIMUM FEE FOR DELAYED
 12        RENEWAL FOR EACH RENEWAL CYCLE DELINQUENCY, TO REMOVE A PROVISION FOR  THE
 13        REMOVAL OF AN ENGINEER-IN-TRAINING'S OR A LAND SURVEYOR-IN-TRAINING'S NAME
 14        FROM  THE  BOARD'S  CURRENT LIST FOR FAILURE TO TIMELY MEET CERTIFICATE OF
 15        ENROLLMENT REQUIREMENTS,  TO  PROVIDE  FOR  THE  REMOVAL  OF  AN  ENGINEER
 16        INTERN'S  OR LAND SURVEYOR INTERN'S NAME FROM THE BOARD'S MAILING LIST FOR
 17        FAILURE TO MEET CERTIFICATE RENEWAL REQUIREMENTS AND TO  REVISE  TERMINOL-
 18        OGY; AMENDING SECTION 54-1218, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING
 19        SECTION  54-1219, IDAHO CODE, TO PROVIDE FOR THE WAIVING OF CERTAIN LICEN-
 20        SURE REQUIREMENTS FOR APPLICANTS WHO ARE LICENSED IN  OTHER  JURISDICTIONS
 21        AND  WHO MEET CERTAIN CRITERIA AND TO REVISE TERMINOLOGY; AMENDING SECTION
 22        54-1220, IDAHO CODE, TO REMOVE CERTAIN PROCEDURAL AND NOTICE  REQUIREMENTS
 23        FOR A DISCIPLINARY HEARING, TO REVISE AN ADMINISTRATIVE PENALTY, TO REVISE
 24        TERMINOLOGY  AND  TO  CLARIFY TERMINOLOGY; AMENDING SECTION 54-1221, IDAHO
 25        CODE, TO REMOVE A PROVISION FOR THE REPLACEMENT OF A  CERTIFICATE  SUBJECT
 26        TO THE RULES OF THE BOARD UPON PAYMENT OF THE ESTIMATED COST OF INVESTIGA-
 27        TION  AND  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1222, IDAHO CODE, TO
 28        PROVIDE FOR THE ENFORCEMENT BY THE ATTORNEY GENERAL OF CHAPTER  PROVISIONS
 29        RELATING  TO UNLICENSED PRACTICE AND FOR THE PROSECUTION OF ANY UNLICENSED
 30        PERSON WITH REIMBURSEMENT BY THE BOARD TO THE ATTORNEY  GENERAL  FOR  FEES
 31        AND  EXPENSES  INCURRED  IN  THAT  PROSECUTION  AND TO REVISE TERMINOLOGY;
 32        AMENDING SECTION 54-1223, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC-
 33        TION 54-1225, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL COR-
 34        RECTIONS;  AMENDING  SECTION  54-1227,  IDAHO   CODE,   TO   PROVIDE   FOR
 35        MAGNETICALLY  DETECTABLE  MONUMENTS, TO PERMIT LICENSED PROFESSIONAL ENGI-
 36        NEERS TO PERFORM CERTAIN NONBOUNDARY SURVEYS AND  TO  REVISE  TERMINOLOGY;
 37        AMENDING  SECTION 54-1228, IDAHO CODE, TO REMOVE A PROVISION AUTHORIZING A
 38        PROFESSIONAL LAND SURVEYOR TO  ADMINISTER  OATHS  TO  ASSISTANTS  FOR  THE
 39        FAITHFUL  PERFORMANCE OF DUTY AND TO CLARIFY TERMINOLOGY; AMENDING SECTION
 40        54-1234, IDAHO CODE, TO CORRECT A MISSPELLED WORD, TO REMOVE  A  PROVISION
 41        DESIGNATING A BUILDING AS A PERMANENT BOUNDARY MARKER AND TO REVISE TERMI-
 42        NOLOGY;  AMENDING  SECTION  54-1235,  IDAHO  CODE,  TO REVISE TERMINOLOGY;
 43        AMENDING SECTION 54-1236, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC-
 44        TION 55-1603, IDAHO CODE, TO REMOVE A DEFINITION,  TO  REVISE  TERMINOLOGY
 45        AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 55-1608, IDAHO CODE,
 46        TO REMOVE A PROVISION REQUIRING A PROFESSIONAL  LAND  SURVEYOR  TO  RECON-
 47        STRUCT  OR  REHABILITATE  A CORNER RECORD MONUMENT AND ACCESSORIES TO SUCH
 48        CORNER TO MEET CERTAIN CRITERIA AND  TO  PROVIDE  FOR  A  CODE  REFERENCE;
 49        AMENDING SECTION 55-1612, IDAHO CODE, TO REMOVE PENALTIES FOR PROFESSIONAL
 50        ENGINEERS  WHO  PREPARE  CERTAIN PLANS AND TO REMOVE CERTAIN PENALTIES FOR
 51        ANY PERSON WHO PREPARES CERTAIN PLANS WITH SPECIFIED RESULTS OR  FAILINGS;
 52        AND AMENDING SECTION 55-1613, IDAHO CODE, TO REVISE PROCEDURE AND REQUIRE-
 53        MENTS  FOR MONUMENTS WHICH MAY BE OR ARE DISTURBED BY CONSTRUCTION ACTIVI-
 54        TIES, TO REMOVE REFERENCE TO SUBDIVISION AND TRACT CORNERS AND TO  CLARIFY
 55        TERMINOLOGY.

                                       3

  1    Be It Enacted by the Legislature of the State of Idaho:

  2        SECTION  1.  That  Section 50-1303, Idaho Code, be, and the same is hereby
  3    amended to read as follows:

  4        50-1303.  SURVEY -- STAKES  AND  MONUMENTS  --  ACCURACY.  The  centerline
  5    intersections  and  points  where  the  centerline  changes  direction  on all
  6    streets, avenues, and public highways, and all  points,  witness  corners  and
  7    reference  monuments  on the exterior boundary where the boundary line changes
  8    direction shall be marked with magnetically  detectable  monuments  either  of
  9    concrete,  galvanized  iron  pipe,  aluminum pipe, iron or steel rods or other
 10    suitable monument approved by the county surveyor; if concrete  be  used  they
 11    shall  not  be  less than six (6) inches by six (6) inches by twenty-four (24)
 12    inches or in the case of public highways the size of a state  standard  right-
 13    of-way  monument,  and  be magnetically detectable; if galvanized iron pipe be
 14    used they shall not be less than one (1) inch  in  diameter  and  thirty  (30)
 15    inches long; if aluminum pipe be used they shall not be less than one (1) inch
 16    in  diameter  and thirty (30) inches long, and be magnetically detectable; and
 17    if iron or steel rods be used they the minimum size of which shall not be less
 18    than five-eighths (5/8) of an inch in least dimension  and thirty (30)  inches
 19    two  (2)  feet long. Points shall be plainly and permanently marked upon monu-
 20    ments so that measurements may be taken to them to within one-tenth (1/10)  of
 21    a  foot. A iron or steel rod unless special circumstances preclude use of such
 22    monument and all lot and block corners, witness corners, and  reference  monu-
 23    ments  for lot and block corners shall be marked with monuments of either gal-
 24    vanized iron pipe, not less than one-half (1/2) inch in diameter, or  iron  or
 25    steel  rods,  not less than one-half (1/2) inch in least dimension and two (2)
 26    feet long or other suitable monument approved by the county surveyor. All mon-
 27    uments set shall be magnetically detectable and shall  be  permanently  marked
 28    with  the registration number of the professional land surveyor in responsible
 29    charge conforming to the provisions of section 54-1227, Idaho Code.  Monuments
 30    shall  be  plainly and permanently marked so that measurements may be taken to
 31    the marks within one-tenth (1/10) of a foot. All lot corners of a  burial  lot
 32    within  a  platted  cemetery need not be marked with a monument, but the block
 33    corners shall be placed within the cemetery in accordance with sound surveying
 34    principles and practice, and at locations that will  monumented  in  order  to
 35    permit the accurate identification of each burial lot within the cemetery. The
 36    monuments  shall  be  of  either galvanized iron pipe or iron or steel rods or
 37    bars not less than one-half (1/2) inch in least dimension  and  two  (2)  feet
 38    long  with  marked cap; or caps not less than one (1) inch in diameter conform
 39    to the provisions of section 54-1227, Idaho Code. The locations  and  descrip-
 40    tions  of  all monuments within a platted cemetery shall be carefully recorded
 41    upon the plat, and the proper courses and  distances  of  all  boundary  lines
 42    shall  be  shown,  but  may be shown by appropriate legend. The survey for any
 43    plat shall be conducted in such a manner as to produce an unadjusted mathemat-
 44    ical error of closure of not less than one (1) part in five thousand (5,000).

 45        SECTION 2.  That Section 54-1201, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:

 47        54-1201.  DECLARATION  OF  POLICY. To safeguard life, health and property,
 48    every person practicing or offering to practice  professional  engineering  or
 49    professional  land  surveying,  as  herein defined, for any project physically
 50    located in this state, shall submit evidence of his qualifications and be reg-
 51    istered licensed as hereinafter provided; and it shall  be  unlawful  for  any

                                       4

  1    person  to  practice  or offer to practice professional engineering or profes-
  2    sional land surveying for any project physically located in this state, or  to
  3    use  in  connection  with  his  name or otherwise assume, use or advertise any
  4    title or description tending to convey the impression that he is a  registered
  5    or  licensed  professional engineer or professional land surveyor, unless such
  6    person has been duly registered licensed or is exempted under  the  provisions
  7    of  this  chapter. Except as exempted by section 54-1223, Idaho Code, an engi-
  8    neer shall be allowed to practice professional engineering as defined in  this
  9    chapter  only when he has become duly registered or licensed as a professional
 10    engineer by the board under  this  chapter.  Except  as  exempted  by  section
 11    54-1223, Idaho Code, a land surveyor shall be allowed to practice professional
 12    land  surveying  as  defined  in  this  chapter  only  when he has become duly
 13    licensed as a professional land surveyor by the board under this chapter.  The
 14    practice  of  professional engineering or professional land surveying shall be
 15    deemed a privilege granted by the Idaho board  of  registration  licensure  of
 16    professional  engineers  and  professional  land  surveyors through the board,
 17    based on qualifications of the individuals as evidenced by the  person's  cer-
 18    tificate of registration license, which shall not be transferable.

 19        SECTION  3.  That  Section 54-1202, Idaho Code, be, and the same is hereby
 20    amended to read as follows:

 21        54-1202.  DEFINITIONS. As used in this chapter, unless the context or sub-
 22    ject matter requires otherwise:
 23        (1)  Engineer. The term "engineer" means a  person  who  is  qualified  to
 24    practice  engineering by reason of his special knowledge and use of mathemati-
 25    cal, physical and engineering sciences, and  the  principles  and  methods  of
 26    engineering  analysis and design, acquired by professional education and engi-
 27    neering experience.
 28        (2)  Professional Engineer. The term "professional engineer" means a  per-
 29    son who has been duly registered or licensed as a professional engineer by the
 30    board under this chapter.
 31        (3)  Professional  Engineering  and  Practice of Professional Engineering.
 32    The terms "professional engineering" and "practice of  professional  engineer-
 33    ing"  mean any service or creative work offered to or performed for the public
 34    for any project physically located in this state, such as consultation, inves-
 35    tigation, evaluation, planning, designing, teaching upper division engineering
 36    design subjects, and responsible charge of observation of construction in con-
 37    nection with any public or private utilities, structures, buildings, machines,
 38    equipment, processes, works, or projects, wherein the public  welfare  or  the
 39    safeguarding  of life, health, or property is concerned or involved, when such
 40    service requires the application of engineering principles and data. A  person
 41    shall  be  construed to practice or offer to practice professional engineering
 42    within the meaning and intent of this chapter who practices or offers to prac-
 43    tice any of the branches of the profession of engineering for the  public  for
 44    any  project  physically  located in this state or who, by verbal claim, sign,
 45    advertisement, letterhead, card, or in any other way represents himself to  be
 46    a professional engineer or through the use of some other title implies that he
 47    is  a  professional  engineer  or that he is registered under this chapter, or
 48    holds himself out  as able to perform or who does perform for the  public  for
 49    any  project physically located in this state, any engineering service or work
 50    or any other service designated by the practitioner which is the  practice  of
 51    professional engineering.
 52        (4)  Consulting  Engineer.  The term "consulting engineer" means a profes-
 53    sional engineer whose principal occupation is the independent practice of pro-

                                       5

  1    fessional engineering; whose livelihood is obtained  by  offering  engineering
  2    services to the public; who is devoid of public, commercial and product affil-
  3    iation  that  might tend to infer a conflict of interest; and who is cognizant
  4    of his public and legal responsibilities, and is capable of discharging them.
  5        (5)  Professional Land Surveyor. The  term  "professional  land  surveyor"
  6    means  a  person who is qualified by reason of his knowledge of the principles
  7    of land surveying acquired by education and practical experience to engage  in
  8    the  practice  of professional land surveying and who has been duly registered
  9    or licensed as a professional land surveyor by the board under this chapter.
 10        (6)  Professional Land Surveying and Practice of Professional Land Survey-
 11    ing. The terms "land surveying" and "professional land surveying" mean respon-
 12    sible charge of surveying of land to determine the correct  boundary  descrip-
 13    tion, to convey, to establish or reestablish land boundaries, or to plat lands
 14    and  subdivisions  thereof. Any person shall be construed to practice or offer
 15    to practice professional land surveying who engages in professional land  sur-
 16    veying,  or who, by verbal claim, sign, advertisement, letterhead, card, or in
 17    any other way represents himself to be a professional land  surveyor,  or  who
 18    represents  himself  as  able  to perform or who does perform any professional
 19    land surveying service or work or any other service designated by the  practi-
 20    tioner which is professional land surveying.
 21        (7)  Board. The term "board" means the Idaho board of registration of pro-
 22    fessional  engineers  and professional land surveyors, hereinafter provided by
 23    this chapter.
 24        (8)  Responsible Charge. The term "responsible charge" means  the  control
 25    and  direction  of engineering work, or the control and direction of land sur-
 26    veying work, requiring initiative, professional  skill,  independent  judgment
 27    and  professional  knowledge of the content of relevant documents during their
 28    preparation. Except as allowed under section 54-1223, Idaho  Code,  reviewing,
 29    or reviewing and correcting, documents after they have been prepared by others
 30    does not constitute the exercise of responsible charge.
 31        (9)  Engineer-in-Training.  The term "engineer-in-training" means a person
 32    who has qualified for, taken and passed an examination in the fundamentals  of
 33    engineering subjects as provided in this chapter.
 34        (10) Land Surveyor-in-Training. The term "land surveyor-in-training" means
 35    a  person who has qualified for, taken and passed an examination in the funda-
 36    mentals of land surveying subjects as provided in this chapter.
 37        (11) Rules of Professional Responsibility. The term "rules of professional
 38    responsibility" means those rules,  if  any,  promulgated  by  the  board,  as
 39    authorized by the Idaho Code.
 40        (12) Public.  The term "public" means any person, firm, corporation, part-
 41    nership, company, government agency, institution or any  other  entity  recog-
 42    nized by law.
 43        (13) Business Entity. The term "business entity" means a corporation, pro-
 44    fessional corporation, limited liability company, professional limited liabil-
 45    ity company, general partnership, limited partnership, limited liability part-
 46    nership, professional limited liability partnership or any other form of busi-
 47    ness except a sole proprietorship.
 48        (1)  "Board"  means the Idaho board of licensure of professional engineers
 49    and professional land surveyors, hereinafter provided by this chapter.
 50        (2)  "Business entity" means a corporation, professional corporation, lim-
 51    ited liability company, professional limited liability company, general  part-
 52    nership, limited partnership, limited liability partnership, professional lim-
 53    ited liability partnership or any other form of business except a sole propri-
 54    etorship.
 55        (3)  "Consulting  engineer"  means a professional engineer whose principal

                                       6

  1    occupation is the independent  practice  of  professional  engineering;  whose
  2    livelihood  is obtained by offering engineering services to the public; who is
  3    devoid of public, commercial and product affiliation that might tend to  infer
  4    a conflict of interest; and who is cognizant of his public and legal responsi-
  5    bilities, and is capable of discharging them.
  6        (4)  "Engineer" means a person who is qualified to practice engineering by
  7    reason  of  his  special knowledge and use of mathematical, physical and engi-
  8    neering sciences, and the principles and methods of engineering  analysis  and
  9    design, acquired by professional education and engineering experience.
 10        (5)  "Engineer  intern"  means  a  person who has qualified for, taken and
 11    passed an examination in the fundamentals of engineering subjects as  provided
 12    in this chapter.
 13        (6)  "Land  surveyor  intern"  means a person who has qualified for, taken
 14    and passed an examination in the fundamentals of surveying  subjects  as  pro-
 15    vided in this chapter.
 16        (7)  "Professional  engineer" means a person who has been duly licensed as
 17    a professional engineer by the board under this chapter.
 18        (8)  "Professional engineering" and "practice of professional engineering"
 19    mean any service or creative work offered to or performed for the  public  for
 20    any project physically located in this state, such as consultation, investiga-
 21    tion,  evaluation,  planning,  designing,  teaching upper division engineering
 22    design subjects, and responsible charge of observation of construction in con-
 23    nection with any public or private utilities, structures, buildings, machines,
 24    equipment, processes, works, or projects, wherein the public  welfare  or  the
 25    safeguarding  of life, health, or property is concerned or involved, when such
 26    service requires the application of engineering principles and data. A  person
 27    shall  be  construed to practice or offer to practice professional engineering
 28    within the meaning and intent of this chapter who practices or offers to prac-
 29    tice any of the branches of the profession of engineering for the  public  for
 30    any  project  physically  located in this state or who, by verbal claim, sign,
 31    advertisement, letterhead, card, or in any other way represents himself to  be
 32    a professional engineer or through the use of some other title implies that he
 33    is a professional engineer or that he is licensed under this chapter, or holds
 34    himself  out  as  able  to  perform or who does perform for the public for any
 35    project physically located in this state, any engineering service or  work  or
 36    any other service designated by the practitioner which is the practice of pro-
 37    fessional engineering.
 38        (9)  "Professional land surveying" and "practice of professional land sur-
 39    veying"  mean responsible charge of surveying of land to determine the correct
 40    boundary description, to convey, to establish or reestablish land  boundaries,
 41    or  to  plat  lands and subdivisions thereof. Any person shall be construed to
 42    practice or offer to practice professional land surveying who engages in  pro-
 43    fessional  land  surveying, or who, by verbal claim, sign, advertisement, let-
 44    terhead, card, or in any other way represents himself  to  be  a  professional
 45    land  surveyor,  or who represents himself as able to perform or who does per-
 46    form any professional land surveying service or work or any other service des-
 47    ignated by the practitioner which is professional land surveying.
 48        (10) "Professional land surveyor" means a person who is qualified by  rea-
 49    son of his knowledge of the principles of land surveying acquired by education
 50    and  practical  experience to engage in the practice of professional land sur-
 51    veying and who has been duly licensed as a professional land surveyor  by  the
 52    board under this chapter.
 53        (11) "Public"  means  any person, firm, corporation, partnership, company,
 54    government agency, institution or any other entity recognized by law.
 55        (12) "Responsible charge" means the control and direction  of  engineering

                                       7

  1    work,  or  the control and direction of land surveying work, requiring initia-
  2    tive, professional skill, independent judgment and professional  knowledge  of
  3    the  content of relevant documents during their preparation. Except as allowed
  4    under section 54-1223, Idaho Code, reviewing,  or  reviewing  and  correcting,
  5    documents  after  they  have  been  prepared by others does not constitute the
  6    exercise of responsible charge.
  7        (13) "Rules of professional responsibility" means  those  rules,  if  any,
  8    promulgated by the board, as authorized by the Idaho Code.
  9        (14) Signature.  The  term  "sSignature"  shall  means either: an original
 10    handwritten message identification containing  the  name  of  the  person  who
 11    applied it; or a digital signature which is an electronic authentication proc-
 12    ess attached to or logically associated with an electronic document. The digi-
 13    tal  signature must be unique to the person using it; must be capable of veri-
 14    fication; must be under the sole control of the person using it; and  must  be
 15    linked  to  a  document in such a manner that the digital signature is invali-
 16    dated if any data in the document is changed.
 17        (15) Standard Design Plan. The term "sStandard design plan" shall means  a
 18    building, structure, equipment or facility which is intended to be constructed
 19    or  sited at multiple locations and for which some or all of the plans must be
 20    prepared by a professional engineer.

 21        SECTION 4.  That Section 54-1203, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:

 23        54-1203.  IDAHO  BOARD OF REGISTRATION LICENSURE OF PROFESSIONAL ENGINEERS
 24    AND PROFESSIONAL LAND SURVEYORS. A board to be known as the  "Idaho  board  of
 25    registration  licensure  of  professional engineers and professional land sur-
 26    veyors" is a division of the Idaho department of self-governing  agencies  and
 27    shall  administer the provisions of this chapter. It shall consist of five (5)
 28    persons duly registered licensed as provided by this chapter, appointed by the
 29    governor from among nominees recommended by any organized and generally recog-
 30    nized state engineering society in this state for  the  professional  engineer
 31    members or any organized and generally recognized state land surveying society
 32    in  this  state  for the professional land surveyor member. The board shall be
 33    comprised of four (4) persons registered licensed  as  professional  engineers
 34    and  one  (1)  person registered licensed as a professional land surveyor. The
 35    members of the  board  shall  have  the  qualifications  required  by  section
 36    54-1204,  Idaho Code. The members of the present board shall continue to serve
 37    for the balance of their respective terms of appointment. Each member  of  the
 38    board shall take, subscribe and file the oath required by chapter 4, title 59,
 39    Idaho  Code,  before entering upon the duties of the office. On the expiration
 40    of the term of any member, a successor shall be appointed in  like  manner  by
 41    the  governor for a term of five (5) years. Any appointment to complete a term
 42    that has not expired, because of resignation or inability of a member to serve
 43    for any reason, shall be for the unexpired portion of the term.  A  member  of
 44    the board shall hold office until the expiration of the term for  which he was
 45    appointed  and  until his successor has been appointed and qualified. A member
 46    after serving two (2) consecutive full terms in addition to any unexpired por-
 47    tion of a term, shall not be reappointed for a period of two  (2)  years.  The
 48    board, on its own initiative, may appoint any former member as an member emer-
 49    itus  member  for special assignment to assist the board in the administration
 50    of this chapter.

 51        SECTION 5.  That Section 54-1204, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:

                                       8

  1        54-1204.  QUALIFICATION OF MEMBERS OF BOARD. Members of the board shall be
  2    citizens of the United States and residents of this state, and they shall have
  3    been engaged for at least twelve (12) years in the practice of engineering for
  4    the  professional engineer members or land surveying for the professional land
  5    surveyor member, shall have been in responsible charge for at least  five  (5)
  6    years  of  important  professional  engineering or professional land surveying
  7    work, and shall be registered licensed under the provisions of  this  chapter.
  8    Responsible  charge of engineering or land surveying teaching may be construed
  9    as responsible charge of important professional  engineering  or  professional
 10    land surveying work.

 11        SECTION  6.  That  Section 54-1208, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        54-1208.  BOARD -- POWERS. (1) The board shall have the power to adopt and
 14    amend all bylaws administrative rules including, but not limited to, rules  of
 15    professional  responsibility, rules of continuing professional development for
 16    professional land surveyors not to exceed sixteen (16) hours annually for each
 17    profession for which the professional is licensed, and rules of procedure, not
 18    inconsistent with the constitution and laws of this state, which may  be  rea-
 19    sonably necessary for the proper performance of its duties and the administra-
 20    tion  of the chapter and the regulation of proceedings before the board. These
 21    actions by the board shall be binding upon persons registered  licensed  under
 22    this  chapter  and shall be applicable to business entities holding a certifi-
 23    cate of authorization as provided in section 54-1235,  Idaho  Code.  It  shall
 24    adopt  and  have  an  official seal which shall be affixed to each license and
 25    certificate issued. It shall have power to provide an office, office equipment
 26    and facilities and such books and records as may be reasonably  necessary  for
 27    the proper performance of its duties.
 28        (2)  In carrying into effect the provisions of this chapter, the board may
 29    subpoena  witnesses and compel their attendance, and also may require the sub-
 30    mission of books, papers, documents, or other pertinent data in any disciplin-
 31    ary matters or in any case wherever a violation of this  chapter  is  alleged.
 32    Upon  failure  or  refusal to comply with any such order of the board, or upon
 33    failure to honor its subpoena as herein provided, the board may apply  to  any
 34    court of any jurisdiction to enforce compliance with same.
 35        (3)  The  board is hereby authorized in the name of the state to apply for
 36    relief by injunction in the established manner provided in cases of civil pro-
 37    cedure, without bond, to enforce the provisions of this chapter or to restrain
 38    any violation thereof. Venue for all such actions shall  be  in  the  district
 39    court of the fourth judicial district, Ada county, Idaho.
 40        (4)  The board may subject an applicant for registration licensure or cer-
 41    tification  to  such examination as it deems necessary to determine qualifica-
 42    tions.
 43        (5)  Any action, claim or demand to recover money damages from  the  board
 44    or  its employees which any person is legally entitled to recover as compensa-
 45    tion for the negligent or otherwise wrongful act or omission of the  board  or
 46    its  employees,  when  acting within the course and scope of their employment,
 47    shall be governed by the Idaho tort claims act,  chapter  9,  title  6,  Idaho
 48    Code.  For  purposes  of  this section, the term "employees" shall include, in
 49    addition to those persons listed in  section  6-902(4),  Idaho  Code,  special
 50    assignment  members,  emeritus  members  and other any independent contractors
 51    while acting within the course and scope of their board related work.
 52        (6)  The board may recommend arbitration of disputes between  professional
 53    engineers or disputes between professional land surveyors.

                                       9

  1        SECTION  7.  That  Section 54-1210, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-1210.  RECORDS AND REPORTS. (1) The board shall keep a  record  of  its
  4    proceedings  and a register record of all applications for registration licen-
  5    sure  or certification, which register record shall show: the  name,  date  of
  6    birth  and  last known address of each applicant; the date of the application;
  7    the place of business of such applicant; his education, experience  and  other
  8    qualifications; type of examination required; whether or not the applicant was
  9    rejected; whether or not a certificate of registration or license was granted;
 10    the  dates  of  the  action  of the board; and any other information as may be
 11    deemed necessary by the board.
 12        (2)  The records of the board shall be prima facie evidence  of  the  pro-
 13    ceedings  of  the  board  set forth therein, and a transcript minutes thereof,
 14    duly certified by the secretary of the board under seal, shall  be  admissible
 15    in evidence with the same force and effect as if the original were produced.
 16        (3)  Annually  the  board  shall  submit  to  the governor a report of its
 17    transactions activities of the preceding year, and shall also transmit to  him
 18    a  complete  summary  statement of the receipts and expenditures of the board,
 19    attested by affidavits of its chairman and its secretary.
 20        (4)  Board records and papers are subject to disclosure according to chap-
 21    ter 3, title 9, Idaho Code.

 22        SECTION 8.  That Section 54-1211, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:

 24        54-1211.  ROSTER.  A  complete  roster  showing  the  names and last known
 25    addresses of all registered professional  engineers,  all  registered  profes-
 26    sional  land surveyors, all business entities holding certificates of authori-
 27    zation as required under section 54-1235, Idaho Code, and all who possess cur-
 28    rent certification as engineers-in-training interns and as land  surveyors-in-
 29    training  interns  shall  be  maintained  by the board in an electronic format
 30    available to the public.

 31        SECTION 9.  That Section 54-1212, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:

 33        54-1212.  GENERAL  REQUIREMENTS  FOR  EXAMINATION  AND  LICENSE. Except as
 34    herein otherwise expressly provided, no license as a professional engineer  or
 35    professional land surveyor, or certification as an engineer-in-training intern
 36    or  land  surveyor-in-training  intern, shall be issued until an applicant has
 37    successfully passed an examination given by or under the  supervision  of  the
 38    board,  nor  shall  a  license as a professional engineer or professional land
 39    surveyor,  or  certification  as  an  engineer-in-training  intern   or   land
 40    surveyor-in-training  intern, be issued to an applicant having habits or char-
 41    acter that would justify revocation or suspension of his license  or  certifi-
 42    cate,  as provided in section 54-1220, Idaho Code. The following shall be con-
 43    sidered as minimum evidence satisfactory to the board that  the  applicant  is
 44    qualified for assignment to an examination:
 45        (1)  As a professional engineer:
 46        (a)  Graduation  from an approved engineering curriculum of four (4) years
 47        or more in a school or college approved by the board as being of satisfac-
 48        tory standing, passage of an examination on the fundamentals of  engineer-
 49        ing  acceptable  to the board, and a specific record, after graduation, of
 50        an additional four (4) years or more of progressive  experience  in  engi-

                                       10

  1        neering work of a grade and character satisfactory to the board, and indi-
  2        cating  that the applicant is competent to practice professional engineer-
  3        ing; or
  4        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
  5        school  or college approved by the board, and evidence satisfactory to the
  6        board that the applicant possesses knowledge and skill approximating  that
  7        attained  through  graduation  from  an approved four (4) year engineering
  8        curriculum, passage of an examination on the fundamentals  of  engineering
  9        acceptable  to  the  board, and a specific record, after graduation, of an
 10        additional four (4) years or more of progressive experience in engineering
 11        work of a grade and character satisfactory to  the  board  and  indicating
 12        that the applicant is competent to practice professional engineering.
 13        (2)  As a professional land surveyor:
 14        (a)  Graduation from an approved surveying curriculum of four (4) years or
 15        more in a school or college approved by the board as being of satisfactory
 16        standing,  passage of an examination on the fundamentals of land surveying
 17        acceptable to the board, and a specific record of an additional  four  (4)
 18        years  or more 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 professional land
 21        surveying; or
 22        (b)  At least sixty (60) semester credit hours of college  level  academic
 23        education beyond high school, including a minimum of fifteen (15) semester
 24        credit  hours  in surveying, passage of an examination on the fundamentals
 25        of land surveying acceptable to the board, and a  specific  record  of  an
 26        additional  six (6) years of progressive combined office and field experi-
 27        ence in land surveying work of a grade and character satisfactory  to  the
 28        board and indicating that the applicant is competent to practice land sur-
 29        veying; or
 30        (c)  Evidence  that the applicant possesses knowledge and skill, satisfac-
 31        tory to the board, similar to that attained upon completion of an approved
 32        college level academic curriculum, passage of an examination on the funda-
 33        mentals of land surveying acceptable to the board, and evidence of a  spe-
 34        cific  record  of  an  additional  eight (8) years of progressive combined
 35        office and field experience in land surveying work of a grade and  charac-
 36        ter  satisfactory to the board and indicating that the applicant is compe-
 37        tent to practice land surveying.
 38        (3)  As an engineer-in-training intern:
 39        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 40        neering  curriculum of four (4) years or  more  in  a  school  or  college
 41        approved  by  the  board  as being of satisfactory standing and indicating
 42        that the applicant is  competent  to  enroll  as  an  engineer-in-training
 43        intern; or
 44        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 45        school or college approved by the board as being of satisfactory standing,
 46        and evidence satisfactory to the board that the applicant possesses knowl-
 47        edge and skill approximating that  attained  through  graduation  from  an
 48        approved  four  (4)  year  engineering curriculum, and indicating that the
 49        applicant is competent to be enrolled as an engineer-in-training intern.
 50        (c)  In the event the applicant qualifies for assignment to  the  examina-
 51        tion  during the last two (2) semesters of college under the provisions of
 52        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
 53        tificate will be issued only after the applicant graduates.
 54        (4)  As a land surveyor-in-training intern:
 55        (a)  Graduation from, or in the last two (2)  semesters  of,  an  approved

                                       11

  1        surveying  curriculum  of  four  (4)  years or more in a school or college
  2        approved by the board as being of  satisfactory  standing  and  indicating
  3        that   the   applicant   is   competent   to   be   enrolled   as  a  land
  4        surveyor-in-training intern; or
  5        (b)  At least sixty (60) semester credit hours of college  level  academic
  6        education beyond high school, including a minimum of fifteen (15) semester
  7        credit hours in surveying, and in addition, a specific record of three (3)
  8        years  or more of progressive combined office and field experience in land
  9        surveying work of a grade and character satisfactory to the board that the
 10        applicant is competent to  be  enrolled  as  a  land  surveyor-in-training
 11        intern; or
 12        (c)  Possesses  knowledge and skill, satisfactory to the board, similar to
 13        that attained upon completion of an approved college level  academic  cur-
 14        riculum  and  evidence  of  a  specific record of at least four (4) years'
 15        experience of progressive combined office and field experience of a  grade
 16        and character satisfactory to the board that the applicant is competent to
 17        be enrolled as a land surveyor-in-training intern.
 18        In  counting  years of experience for assignment to the professional engi-
 19    neer or professional land surveyor examination, the board may, at its  discre-
 20    tion,  give  credit,  not in excess of one (1) year, for satisfactory graduate
 21    study toward a master's degree and not in excess of an additional one (1) year
 22    for satisfactory graduate study toward a doctorate degree.  In  the  event  an
 23    applicant  obtains  a  doctorate  degree  without  first  obtaining a master's
 24    degree, the board may, at its discretion, give credit, not in  excess  of  two
 25    (2) years.
 26        In  considering  the  combined  education and experience qualifications of
 27    applicants, the board shall  consider  engineering  teaching,  land  surveying
 28    teaching, each year of satisfactory completion of undergraduate college educa-
 29    tion,  advanced  degrees in engineering and advanced degrees in land surveying
 30    in establishing the applicants' minimum composite knowledge and skill.
 31        The mere execution, as a contractor, of work designed  by  a  professional
 32    engineer,  or the supervision of the construction of such work as a foreman or
 33    superintendent, shall not be deemed to be the practice of engineering, but  if
 34    such  experience, in the opinion of the board, has involved responsible super-
 35    vision of a character that will tend to expand the engineering  knowledge  and
 36    skill of the applicant the board may in its discretion give such credit there-
 37    for as it may deem proper.
 38        Any  person having the necessary qualifications prescribed in this chapter
 39    to entitle him to registration assignment to an examination for  licensure  or
 40    certification  shall  be eligible for such registration assignment although he
 41    may not be practicing his profession at the time of making his application.

 42        SECTION 10.  That Section 54-1212, Idaho Code, as amended  by  Section  1,
 43    Chapter  125, Laws of 2002, as amended by Section 2, Chapter 15, Laws of 2003,
 44    as amended by Section 2, Chapter 84, Laws of 2004, be, and the same is  hereby
 45    amended to read as follows:

 46        54-1212.  GENERAL  REQUIREMENTS  FOR  EXAMINATION  AND LICENSE.  Except as
 47    herein otherwise expressly provided, no license as a professional engineer  or
 48    professional land surveyor, or certification as an engineer-in-training intern
 49    or  land  surveyor-in-training  intern, shall be issued until an applicant has
 50    successfully passed an examination given by or under the  supervision  of  the
 51    board,  nor  shall  a  license as a professional engineer or professional land
 52    surveyor,  or  certification  as  an  engineer-in-training  intern   or   land
 53    surveyor-in-training  intern, be issued to an applicant having habits or char-

                                       12

  1    acter that would justify revocation or suspension of his license  or  certifi-
  2    cate,  as provided in section 54-1220, Idaho Code. The following shall be con-
  3    sidered as minimum evidence satisfactory to the board that  the  applicant  is
  4    qualified for assignment to an examination:
  5        (1)  As a professional engineer:
  6        (a)  Graduation  from an approved engineering curriculum of four (4) years
  7        or more in a school or college approved by the board as being of satisfac-
  8        tory standing, passage of an examination on the fundamentals of  engineer-
  9        ing  acceptable  to the board, and a specific record, after graduation, of
 10        an additional four (4) years or more of progressive  experience  in  engi-
 11        neering work of a grade and character satisfactory to the board, and indi-
 12        cating  that the applicant is competent to practice professional engineer-
 13        ing; or
 14        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 15        school  or college approved by the board, and evidence satisfactory to the
 16        board that the applicant possesses knowledge and skill approximating  that
 17        attained  through  graduation  from  an approved four (4) year engineering
 18        curriculum, passage of an examination on the fundamentals  of  engineering
 19        acceptable  to the board, and a specific record, after graduation, of four
 20        (4) years or more of progressive experience in engineering work of a grade
 21        and character satisfactory to the board and indicating that the  applicant
 22        is competent to practice professional engineering.
 23        (2)  As a professional land surveyor:
 24        (a)  Graduation from an approved surveying curriculum of four (4) years or
 25        more in a school or college approved by the board as being of satisfactory
 26        standing,  passage of an examination on the fundamentals of land surveying
 27        acceptable to the board, and a specific record of an additional  four  (4)
 28        years  or more of progressive combined office and field experience in land
 29        surveying work of a grade and character  satisfactory  to  the  board  and
 30        indicating  that  the applicant is competent to practice professional land
 31        surveying; or
 32        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 33        school or college approved by the board as being of satisfactory standing,
 34        and evidence satisfactory to the board that the applicant possesses knowl-
 35        edge  and  skill  approximating  that  attained through graduation from an
 36        approved four (4) year surveying curriculum, passage  of an examination on
 37        the fundamentals of land surveying acceptable to the board, and a specific
 38        record of an additional four (4) years or  more  of  progressive  combined
 39        office  and field experience in land surveying work of a grade and charac-
 40        ter satisfactory to the board and indicating that the applicant is  compe-
 41        tent to practice land surveying.
 42        (3)  As an engineer-in-training intern:
 43        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 44        neering  curriculum  of  four  (4)  years  or  more in a school or college
 45        approved by the board as being of  satisfactory  standing  and  indicating
 46        that  the  applicant  is  competent  to  enroll as an engineer-in-training
 47        intern; or
 48        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 49        school  or college approved by the board, and evidence satisfactory to the
 50        board that the applicant possesses knowledge and skill approximating  that
 51        attained  through  graduation  from  an approved four (4) year engineering
 52        curriculum, and indicating that the applicant is competent to be  enrolled
 53        as an engineer-in-training intern.
 54        (c)  In  the  event the applicant qualifies for assignment to the examina-
 55        tion during the last two (2) semesters of college under the provisions  of

                                       13

  1        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
  2        tificate will be issued only after the applicant graduates.
  3        (4)  As a land surveyor-in-training intern:
  4        (a)  Graduation  from,  or  in  the last two (2) semesters of, an approved
  5        surveying curriculum of four (4) years or more  in  a  school  or  college
  6        approved  by  the  board  as being of satisfactory standing and indicating
  7        that  the  applicant   is   competent   to   be   enrolled   as   a   land
  8        surveyor-in-training intern; or
  9        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 10        school or college approved by the  board,  evidence  satisfactory  to  the
 11        board  that the applicant possesses knowledge and skill approximating that
 12        attained through graduation from an approved four (4) year surveying  cur-
 13        riculum,  and indicating that the applicant is competent to be enrolled as
 14        a land surveyor-in-training intern.
 15        (c)  In the event the applicant qualifies for assignment to  the  examina-
 16        tion  during the last two (2) semesters of college under the provisions of
 17        subsection (4)(a) of this section, and attains a passing grade, a certifi-
 18        cate shall be issued only after the applicant graduates.
 19        In counting years of experience for assignment to the  professional  engi-
 20    neer  or professional land surveyor examination, the board may, at its discre-
 21    tion, give credit, not in excess of one (1) year,  for  satisfactory  graduate
 22    study toward a master's degree and not in excess of an additional one (1) year
 23    for  satisfactory  graduate  study  toward a doctorate degree. In the event an
 24    applicant obtains a  doctorate  degree  without  first  obtaining  a  master's
 25    degree,  the  board  may, at its discretion, give credit, not in excess of two
 26    (2) years.
 27        In considering the combined education  and  experience  qualifications  of
 28    applicants,  the  board  shall  consider  engineering teaching, land surveying
 29    teaching, each year of satisfactory completion of undergraduate college educa-
 30    tion, advanced degrees in engineering and advanced degrees in  land  surveying
 31    in establishing the applicants' minimum composite knowledge and skill.
 32        The  mere  execution,  as a contractor, of work designed by a professional
 33    engineer, or the supervision of the construction of such work as a foreman  or
 34    superintendent,  shall not be deemed to be the practice of engineering, but if
 35    such experience, in the opinion of  the board, has involved responsible super-
 36    vision of a character that will tend to expand the engineering  knowledge  and
 37    skill of the applicant the board may in its discretion give such credit there-
 38    for as it may deem proper.
 39        Any  person having the necessary qualifications prescribed in this chapter
 40    to entitle him to registration assignment to an examination for  licensure  or
 41    certification  shall  be eligible for such registration assignment although he
 42    may not be practicing his profession at the time of making his application.

 43        SECTION 11.  That Section 54-1213, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:

 45        54-1213.  APPLICATIONS  AND  REGISTRATION FEES. Applications for registra-
 46    tion licensure as a professional engineer or professional  land  surveyor,  or
 47    certification  as  an engineer-in-training intern or land surveyor-in-training
 48    intern, shall be on forms prescribed and furnished by the board. The  applica-
 49    tion  shall be made under oath, and shall show the applicant's education and a
 50    detailed summary of his technical and engineering or  land  surveying  experi-
 51    ence.  An  applicant  for registration licensure as a professional engineer or
 52    professional land surveyor shall furnish not less than five (5) references, of
 53    whom three (3) or more should be registered professional engineers or  profes-

                                       14

  1    sional  land  surveyors,  as  applicable,  having  personal  knowledge  of the
  2    applicant's engineering or land surveying experience. An applicant for  certi-
  3    fication  as  an  engineer-in-training  intern  or  land  surveyor-in-training
  4    intern  shall  furnish not less than three (3) references of whom at least one
  5    (1) should be a registered professional engineer  or  professional  land  sur-
  6    veyor, as applicable, having personal knowledge of the applicant's engineering
  7    or  land  surveying experience. Applications for certificates of authorization
  8    shall be made in accordance with section 54-1235, Idaho Code.
  9        The maximum application fee for  professional  engineers  or  professional
 10    land  surveyors seeking to be licensed by an eight (8) hour or longer examina-
 11    tion shall be an amount equal to the amount charged the board  by  the  entity
 12    preparing and administering the examination, plus an administrative fee not to
 13    exceed  one  hundred dollars ($100). The total application fee shall accompany
 14    the application.
 15        The maximum application fee for an applicant who seeks a certificate as an
 16    engineer-in-training intern or land surveyor-in-training intern  shall  be  an
 17    amount  equal  to  the  amount  charged  the board by the entity preparing and
 18    administering the examination, plus an administrative fee not to exceed  fifty
 19    dollars ($50.00). The application fee shall accompany the application.
 20        The maximum application fee for business entities seeking a certificate of
 21    authorization  shall  be two hundred dollars ($200). The application fee shall
 22    accompany the application.
 23        Separate application fees shall accompany all applications for each of the
 24    four (4) classes of examinations:  professional  land  surveyor,  engineer-in-
 25    training, land surveyor-in-training and professional engineer.
 26        The  amount  of  the  registration license fee or certificate fee shall be
 27    fixed by the board prior to June 30th of any year and shall continue in  force
 28    until changed.
 29        Should  the  board  deny  the issuance of a certificate of registration or
 30    authorization license to any  applicant,  the  fee  deposited  paid  shall  be
 31    retained as an application a processing fee.

 32        SECTION  12.  That Section 54-1214, Idaho Code, be, and the same is hereby
 33    amended to read as follows:

 34        54-1214.  EXAMINATIONS. (1) Examinations will be held at  such  times  and
 35    places as the board directs. The board shall determine the acceptable grade on
 36    examinations.
 37        (2)  Written  examinations  will  be  given in two (2) sections and may be
 38    taken only after the applicant has met the other minimum requirements as given
 39    in section 54-1212, Idaho Code, and has been approved by the board for  admis-
 40    sion to the examinations as follows:
 41        (a)  Fundamentals  of Engineering -- The examination consists of  an eight
 42        (8) hour test period on the  fundamentals  of  engineering.  Passing  this
 43        examination qualifies the examinee for an engineer-in-training intern cer-
 44        tificate,  provided  he  has  met  all other requirements of certification
 45        required by this chapter.
 46        (b)  Principles and Practice of Engineering -- The examination consists of
 47        a minimum of an eight (8) hour test period on applied engineering. Passing
 48        this examination qualifies the examinee for registration  licensure  as  a
 49        professional engineer, provided he has met the other requirements for reg-
 50        istration licensure required by this chapter.
 51        (c)  Fundamentals  of  Land  Surveying  --  The examination consists of an
 52        eight (8) hour test period on the fundamentals of land surveying.  Passing
 53        this  examination  qualifies  the examinee for a land surveyor-in-training

                                       15

  1        intern certificate, provided he has met all other requirements for  certi-
  2        fication required by this chapter.
  3        (d)  Principles and Practice of Land Surveying -- The examination consists
  4        of  a  minimum of an eight (8) hour test period on applied land surveying.
  5        Passing this examination qualifies the examinee for registration licensure
  6        as a professional land surveyor, provided he has met  the  other  require-
  7        ments for registration licensure required by this chapter.
  8        (3)  A  candidate  failing all or part of the an examination for the first
  9    time may apply for reexamination, which may be granted upon payment of  a  fee
 10    equal  to the total application fee for the required examination. In the event
 11    of a second failure, the examinee shall be required to appear before the board
 12    or a member thereof to obtain a minimum of one (1) additional year of  experi-
 13    ence,  acceptable  to the board, from the date of the second examination fail-
 14    ure, and submit evidence of having completed an additional eight (8)  semester
 15    credits  of  college  level  academic  education  relating to the examination,
 16    before the board will consider that he has acquired the  necessary  additional
 17    knowledge  to  warrant  assignment  to  a third examination. In the event of a
 18    third or subsequent failure, the examinee shall be required to obtain a  mini-
 19    mum of three (3) additional years of experience, acceptable to the board, from
 20    the  date  of the third or subsequent examination failure, and submit evidence
 21    of having completed an additional twelve  (12)  semester  credits  of  college
 22    level  academic  education  relating to the examination, before the board will
 23    consider that he has acquired the necessary additional  knowledge  to  warrant
 24    assignment to a subsequent examination.
 25        (4)  The board may prepare and adopt specifications for the written exami-
 26    nations  in  engineering and land surveying. They may be published in brochure
 27    form and be available to any person interested in being registered as  a  pro-
 28    fessional engineer or as a professional land surveyor.

 29        SECTION  13.  That Section 54-1215, Idaho Code, be, and the same is hereby
 30    amended to read as follows:

 31        54-1215.  CERTIFICATES LICENSE -- SEALS -- INTERN  CERTIFICATES.  (1)  The
 32    board  shall  issue  a certificate of registration license upon payment of the
 33    registration fee as provided for in this chapter to any applicant who, in  the
 34    opinion  of  the board, has satisfactorily met all of the requirements of this
 35    chapter  for  licensure  as  a  professional  engineer  or  professional  land
 36    surveyor, and an enrollment certificate shall be issued to those  who  qualify
 37    as an engineers-in-training and intern or a land surveyors-in-training intern.
 38    In  the  case  of  a registered professional engineer, the certificate license
 39    shall authorize the practice of "professional engineering," and in the case of
 40    a registered professional land surveyor the certificate license shall  author-
 41    ize  the  practice of "professional land surveying." Certificates of registra-
 42    tion Licenses shall show the full name of the registrant licensee, shall  give
 43    a  serial registration license number, and shall be signed by the chairman and
 44    the secretary of the board under seal of the board.
 45        (2)  The issuance of a certificate of registration license  by  the  board
 46    shall be prima facie evidence that the person named therein is entitled to all
 47    the  rights,  privileges and responsibilities of a registered licensed profes-
 48    sional engineer or of a registered licensed professional land  surveyor,  pro-
 49    vided that said certificate of registration license has not expired or has not
 50    been suspended or revoked.
 51        (3)  Each   registrant   licensee   hereunder   shall,  upon  registration
 52    licensure, obtain a seal, the use and design of which are described below.  It
 53    shall  be unlawful for any person to affix or to permit his seal and signature

                                       16

  1    to be affixed to any documents after the certificate license of the registrant
  2    licensee named thereon has expired or has been suspended  or  revoked,  unless
  3    said  certificate license shall have been renewed, reinstated, or reissued, or
  4    for the purpose of aiding or abetting any other person to evade or attempt  to
  5    evade any portion of this chapter.
  6        (a)  The  seal  may  be  a rubber stamp, crimp or electronically generated
  7        image. Whenever the seal is applied, the registrant's licensee's signature
  8        and date shall also be included. If the signature is handwritten, it shall
  9        be adjacent to or  across  the  seal.  No  further  words  or  wording  is
 10        required.  A  facsimile  signature  generated  by  any  method will not be
 11        acceptable unless accompanied by a digital signature.
 12        (b)  The seal, signature and date shall be placed on all final  specifica-
 13        tions,  land  surveys, reports, plats, drawings, plans, design information
 14        and calculations, whenever presented to a client or any public or  govern-
 15        mental  agency.  Any such document presented to a client or public or gov-
 16        ernmental agency that is not final and does not contain a seal,  signature
 17        and  date  shall  be  clearly marked as "draft," "not for construction" or
 18        with similar words to distinguish the document from a final  document.  In
 19        the  event the final work product is preliminary in nature or contains the
 20        word "preliminary," such as a "preliminary engineering report," the  final
 21        work  product shall be sealed, signed and dated as a final document if the
 22        document is intended to be relied upon to make policy decisions  important
 23        to the life, health, property, or fiscal interest of the public.
 24        (c)  The  seal,  and signature of the licensee and date shall be placed on
 25        all original documents in such a manner that such seal, signature and date
 26        are reproduced when the original document is copied.  The  application  of
 27        the  registrant's  licensee's seal,  and signature and the date shall con-
 28        stitute certification that the work thereon was done by him or  under  his
 29        responsible  charge. Each plan or drawing sheet shall be sealed and signed
 30        and dated by the registrant licensee or registrants licensees  responsible
 31        for  each  sheet.  In  the case of a business entity, each plan or drawing
 32        sheet shall be sealed and signed and dated by the registrant  licensee  or
 33        registrants  licensees  involved.  Copies of electronically produced docu-
 34        ments, listed in paragraph (b) of this subsection, distributed for  infor-
 35        mational  uses  such  as  for  bidding  purposes or working copies, may be
 36        issued with the registrant's licensee's seal and a notice that the  origi-
 37        nal document is on file with the registrant's licensee's signature and the
 38        date. The words "Original Signed By:" and "Date Original Signed:" shall be
 39        placed  adjacent  to  or  across  the seal on the electronic original. The
 40        storage location of the original document shall also be provided. Only the
 41        title page of reports, specifications and like  documents  need  bear  the
 42        seal, and signature of the licensee and the date. of the registrant.
 43        (d)  The  seal  and  signature shall be used by registrants licensees only
 44        when the work being stamped was under the registrant's licensee's  respon-
 45        sible charge.
 46        (e)  The design of the seal shall be as determined by the board.
 47        (4)  The  board  shall  issue  to any applicant who, in the opinion of the
 48    board, has met the requirements of this chapter, an enrollment certificate  or
 49    card  as  an  engineer-in-training  intern or land surveyor-in-training, which
 50    indicates that his name has been recorded as such in the board office  intern.
 51    The  engineer-in-training  intern or land surveyor-in-training enrollment card
 52    intern certificate does not authorize the certificate holder to practice as  a
 53    professional engineer or a professional land surveyor.

 54        SECTION  14.  That Section 54-1216, Idaho Code, be, and the same is hereby

                                       17

  1    amended to read as follows:

  2        54-1216.  EXPIRATIONS AND RENEWALS -- FEES. Following issuance or  renewal
  3    of  certificates  of registration licenses for professional engineers and pro-
  4    fessional land surveyors, expiration shall be on the last  day  of  the  month
  5    during which the registrant licensee was born, in even-numbered state of Idaho
  6    fiscal  years  for  those born in even-numbered calendar years and in odd-num-
  7    bered state of Idaho fiscal years for  those  born  in  odd-numbered  calendar
  8    years,  and  shall become invalid on that date unless renewed. Certificates of
  9    authorization for business entities shall expire on the last day of the  month
 10    of  July  following  issuance or renewal and shall become invalid on that date
 11    unless renewed. It shall be the duty of the board to notify every person  reg-
 12    istered  licensed  and  every business entity certified under this chapter, of
 13    the date of the expiration of said certificate of registration license or cer-
 14    tificate of authorization and the amount of the fee that shall be required for
 15    its renewal. Such notice shall be mailed to the last known address of the reg-
 16    istrant licensee or business entity at least one (1) month in advance  of  the
 17    date  of  the  expiration of said license or certificate or of  authorization.
 18    Renewal may shall be effected effective at any time in  the  appropriate  year
 19    during the month in which the registrant licensee was born or during the month
 20    of  July  in the case of business entities, by the payment of a renewal fee to
 21    be fixed by the board at not more than one hundred fifty dollars  ($150).  The
 22    failure  on the part of any registrant licensee or certificate holder to renew
 23    his or its license or certificate biennially in the month in which  they  were
 24    born  or  in  the  month of July in the case of business entities, as required
 25    above shall not deprive such  person  or  business  entity  of  the  right  of
 26    renewal,  but  the  fee to be paid for the renewal of a license or certificate
 27    after the month  in which it is due shall be increased  twenty  percent  (20%)
 28    for each month or fraction of a month that payment of renewal is delayed; pro-
 29    vided,  however,  that  the  maximum  fee for delayed renewal shall not exceed
 30    twice the renewal fee for each biennium renewal cycle delinquent,  but  in  no
 31    event  more than three hundred dollars ($300). Any work performed after a reg-
 32    istration license or certificate of  authorization  has  expired,  but  before
 33    delayed  renewal has been effected, shall become valid upon delayed renewal as
 34    if the registration license or certificate of authorization had  not  expired,
 35    but the registrant licensee or certificate holder shall may be subject to dis-
 36    ciplinary action by the board for practice on an expired license or such other
 37    action as provided pursuant to this chapter.
 38        Following issuance or renewal of certificates of enrollment for engineers-
 39    in-training  interns  and land surveyors-in-training interns, expiration shall
 40    be on the last day of the month during which the certificate holder was  born,
 41    in  even-numbered  state of Idaho fiscal years for those born in even-numbered
 42    calendar years and in odd-numbered state of Idaho fiscal years for those  born
 43    in odd-numbered calendar years. The notification to holders of certificates of
 44    enrollment  shall  be  processed as prescribed above for registrants licensees
 45    except that the biennial renewal fee shall not be  more  than  thirty  dollars
 46    ($30.00). The failure on the part of any holder of a certificate of enrollment
 47    to  effect  renewal shall not invalidate his status as an engineer-in-training
 48    intern or land surveyor-in-training intern, but his name shall,  after  ninety
 49    (90) days, be removed from the board's current mailing list.

 50        SECTION  15.  That Section 54-1218, Idaho Code, be, and the same is hereby
 51    amended to read as follows:

 52        54-1218.  PUBLIC WORK. It shall be unlawful for this  state,  or  for  any

                                       18

  1    county, city, school district, irrigation district, drainage district, highway
  2    district,  or  other  subdivision  of the state, having power to levy taxes or
  3    assessments against property situated therein, to engage in  the  construction
  4    of  any  public  work  when the public health or safety is involved unless the
  5    plans and specifications and estimates have been prepared  by,  and  the  con-
  6    struction reviewed by a registered professional engineer.

  7        SECTION  16.  That Section 54-1219, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        54-1219.  COMITY CERTIFICATION LICENSURE -- FEE. The board, upon  applica-
 10    tion  therefor and the payment of a fee of not to exceed a maximum of one hun-
 11    dred fifty dollars ($150), may issue a certificate of registration license  as
 12    a  professional engineer or professional land surveyor to any person who holds
 13    a certificate of registration license issued to the applicant  by  the  proper
 14    authority of any state, territory or possession of the United States, the Dis-
 15    trict  of  Columbia, or of a foreign country, provided that, in the opinion of
 16    the board, the applicant possesses the education, experience  and  examination
 17    credentials,  or their equivalents, that were specified in the applicable reg-
 18    istration licensing chapter in effect in this state at the time such  certifi-
 19    cate  license was issued, provided that a professional land surveyor applicant
 20    must successfully pass a land surveying examination as prepared  and  adminis-
 21    tered  by the board, and provided such state, territory, possession or country
 22    will license, or issue certificates of registration, without  examination  and
 23    upon  substantially the same condition, to applicants holding licenses or cer-
 24    tificates of registration issued by the board under this chapter. In the event
 25    the applicant has been licensed and has practiced as a  professional  engineer
 26    or  professional  land surveyor in another jurisdiction for a minimum of eight
 27    (8) years, has no outstanding disciplinary action, and  is  in  good  standing
 28    under  a  licensing  system which, in the opinion of the board, maintains sub-
 29    stantially equivalent professional standards as required under  this  chapter,
 30    the  board  may,  in its discretion, waive the requirement for satisfaction of
 31    prescriptive credentials in education and examination.

 32        SECTION 17.  That Section 54-1220, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:

 34        54-1220.  DISCIPLINARY  ACTION  --  PROCEDURES. (1) Any affected party may
 35    prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
 36    violation of any provision of this chapter, or violation of any of  the  rules
 37    promulgated by the board against any individual registrant licensee or certif-
 38    icate  holder or against any business entity holding a certificate of authori-
 39    zation or against a person applying for a license or against a business entity
 40    applying for a certificate of authorization. Repeated acts of  negligence  may
 41    be considered as a gross act for disciplinary action. Such charges shall be in
 42    writing,  and shall be sworn to by the person or persons making them and shall
 43    be filed with the executive director of the board. The executive  director  of
 44    the  board  shall be considered an affected party and may be the person making
 45    and filing the charges.
 46        (2)  All charges, unless dismissed by the board as unfounded  or  trivial,
 47    or  unless  settled  informally,  shall  be  heard by the board within six (6)
 48    months after the date they were received at the board office unless such  time
 49    is extended by the board for justifiable cause.
 50        (3)  The  time and place for said hHearing shall be fixed by the board and
 51    a copy of the charges, together with a notice of the time and place  of  hear-

                                       19

  1    ing, shall be personally served on or mailed to the last known address of such
  2    individual  registrant  or business entity holding a certificate of authoriza-
  3    tion. The proceedings shall be governed by the provisions of chapter 52, title
  4    67, Idaho Code.
  5        (4)  If, after such hearing, the board votes in favor  of  sustaining  the
  6    charges,  the  board may, in its discretion, impose an administrative penalty,
  7    not to exceed two five thousand dollars ($25,000) for deposit in  the  general
  8    account fund of the state of Idaho. In addition, the board, in its discretion,
  9    may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or
 10    any  combination thereof, the individual's license or certificate of registra-
 11    tion or a business entity's certificate of authorization. The board may  also,
 12    in its discretion, require the individual to practice under the supervision of
 13    another  licensee, or require the individual to successfully complete continu-
 14    ing education courses as may be prescribed by the board.
 15        (5)  The board shall have jurisdiction over  registrants  licensees  whose
 16    licenses  are  not  current  provided the action relates to services performed
 17    when the license was current and valid.

 18        SECTION 18.  That Section 54-1221, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:

 20        54-1221.  REISSUANCE  OF  LICENSES AND CERTIFICATES. The board, upon peti-
 21    tion of an individual or a business entity, may reissue or reinstate a license
 22    or certificate of registration or certificate of authorization, provided three
 23    (3) or more members of  the board vote in favor of such  reissuance  or  rein-
 24    statement.  A  new  license  or  certificate of registration or certificate of
 25    authorization, to replace any license or certificate revoked, lost,  destroyed
 26    or  mutilated, may be issued, subject to the rules of the board, and upon pay-
 27    ment of such reasonable charge therefor as shall be  fixed  by  the  board  to
 28    cover the estimated cost of investigation and such reissuance, but not exceed-
 29    ing ten dollars ($10.00) in any case.

 30        SECTION  19.  That Section 54-1222, Idaho Code, be, and the same is hereby
 31    amended to read as follows:

 32        54-1222.  VIOLATIONS AND PENALTIES -- PROSECUTION OF OFFENSES. Any  person
 33    who  shall practice, or offer to practice, professional engineering or profes-
 34    sional land surveying in this  state  without  being  registered  licensed  in
 35    accordance  with  the  provisions of this chapter, or any person presenting or
 36    attempting to use as his own the certificate of registration  license  or  the
 37    seal  of another, or any person who shall give any false or forged evidence of
 38    any kind to the board or to any member thereof in obtaining a license or  cer-
 39    tificate,  of  registration,  or  any person who shall falsely impersonate any
 40    other registrant licensee of like or different name, or any person  who  shall
 41    attempt  to  use  an expired or revoked certificate of registration license or
 42    practice at any time during a period the board has suspended  or  revoked  his
 43    certificate  of  registration  license, or any person who shall violate any of
 44    the provisions of this chapter, shall be guilty of a misdemeanor.
 45        Legal counsel selected by the board, or the attorney general of this state
 46    or anyone designated by him may act as legal advisor of the board. It shall be
 47    the duty of the attorney general of this state to enforce  the  provisions  of
 48    this  chapter  relating to unlicensed practice and to prosecute any unlicensed
 49    person violating the same. The attorney general shall  be  reimbursed  by  the
 50    board for any fees and expenses incurred by the attorney general in represent-
 51    ing the board or prosecuting unlicensed persons.

                                       20

  1        SECTION  20.  That Section 54-1223, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-1223.  SAVING CLAUSE -- EXEMPTIONS. (1) This chapter shall not be  con-
  4    strued to affect:
  5        (a)  The  practice of any other profession or trade for which a license is
  6        required under any law of this state or the United States.
  7        (b)  The work of an employee or a subordinate of a person holding  a  cer-
  8        tificate  of  registration  license under this chapter, provided such work
  9        does not include final engineering design or land surveying decisions  and
 10        is done under the direct responsibility, checking, and supervision of, and
 11        verified  by, a person holding a certificate of registration license under
 12        this chapter.
 13        (c)  Any individual teaching upper division engineering subjects that  are
 14        classified  as  engineering  design  for any college or university in this
 15        state as of July 1, 1988, and any such individual employed after  July  1,
 16        1988,  for a period of five (5) years from the date of employment with any
 17        college or university in this state.
 18        (d)  An individual doing surveying work for himself, or through a business
 19        entity, on property owned or leased by the individual or business  entity,
 20        or  in  which the individual or business entity has an interest, estate or
 21        possessory right and which affects exclusively the property  or  interests
 22        of  the  individual or business entity; provided, that  all land surveying
 23        maps, plats or plans filed with any county recorder's office in the  state
 24        of  Idaho  for the purpose of illustrating or defining boundaries of prop-
 25        erty ownership, shall be made and certified by a registered, licensed pro-
 26        fessional land surveyor as provided in this chapter.
 27        (e)  An individual doing survey work for himself, or  through  a  business
 28        entity  with respect to the location, amendment, or relocation of a mining
 29        claim.
 30        (f)  The practice of engineering by employees of a business entity as long
 31        as the services provided by them are  for  internal  business  entity  use
 32        only.
 33        (2)  The  board,  at  its discretion, may exempt an exceptional individual
 34    who has twelve (12) or more years of  appropriate  experience  in  engineering
 35    from the requirement for satisfactory completion of an examination in the fun-
 36    damentals of engineering.
 37        (3)  An applicant for licensure as a professional engineer either by exam-
 38    ination  or  by comity who has earned a bachelor degree in engineering from an
 39    approved engineering program and has, in addition, earned a  doctorate  degree
 40    in  engineering  from  a college or university which offers an approved under-
 41    graduate program in the same discipline as the doctorate degree earned,  shall
 42    be  exempt  from the requirement for satisfactory completion of an examination
 43    in the fundamentals of engineering. Honorary doctorate degrees are not consid-
 44    ered earned degrees for purposes of this subsection.
 45        (4)  In addition to, and notwithstanding other provisions of this chapter,
 46    in circumstances of emergency creating conditions of imminent and  substantial
 47    danger  to  the  public health, safety or environment through the provision of
 48    engineering services, the prosecuting attorney or  the  attorney  general  may
 49    institute  a civil action for an immediate injunction to halt the provision of
 50    engineering services.
 51        (5)  A professional engineer licensed in Idaho may review the  work  of  a
 52    professional  engineer  who  is licensed in another jurisdiction of the United
 53    States or a foreign country on a project that is a site adaptation of a  stan-
 54    dard design plan to determine that the standard design plan meets the standard

                                       21

  1    of  care and is applicable to the intended circumstance, with or without modi-
  2    fication.  The  Idaho  professional  engineer  shall  demonstrate  responsible
  3    charge, as defined  in  this  chapter,  by  performing  professional  services
  4    related  to his assignment including developing or obtaining a complete design
  5    record with  design  criteria  and  calculations,  performing  necessary  code
  6    research  and developing any necessary and appropriate changes to the standard
  7    design plan necessary to properly apply the standard design  to  the  intended
  8    circumstance.  The  nonprofessional  services,  such  as drafting, need not be
  9    redone by the Idaho professional engineer, but  must  clearly  and  accurately
 10    reflect  the  Idaho  professional  engineer's work. The burden is on the Idaho
 11    professional engineer to show such compliance. The Idaho professional engineer
 12    shall have control of and responsibility for the entire  work  product,  shall
 13    seal, sign and date it as required in this chapter, and shall be in possession
 14    of all original documents or certified copies of documents related to the pro-
 15    fessional engineer's work for the project.

 16        SECTION  21.  That Section 54-1225, Idaho Code, be, and the same is hereby
 17    amended to read as follows:

 18        54-1225.  APPEALS. Any person or organization who shall feel aggrieved  by
 19    any  action  of the board in denying, suspending or revoking a license or cer-
 20    tificate of registration or certificate of authorization, as  is  appropriate,
 21    may  appeal  therefrom in accordance with the provisions of the administrative
 22    procedures act, chapter 52, title 67, chapter 52, Idaho Code.

 23        SECTION 22.  That Section 54-1227, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:

 25        54-1227.  SURVEYS  --  AUTHORITY AND DUTIES OF PROFESSIONAL LAND SURVEYORS
 26    AND PROFESSIONAL ENGINEERS. Every registered, licensed professional land  sur-
 27    veyor is hereby authorized to make land surveys relating to the sale or subdi-
 28    vision  of lands, the retracing or establishing of property or boundary lines,
 29    public roads, streets, alleys, or trails; and it shall be  the  duty  of  each
 30    registered  licensed professional land surveyor, whenever making any such land
 31    survey, to set permanent and reliable magnetically detectable  monuments,  the
 32    minimum  size of which shall be one-half (1/2) inch in least dimension and two
 33    (2) feet long iron or steel rod unless special circumstances preclude  use  of
 34    such  monument;  and such monuments must be permanently marked with the regis-
 35    tration license number of the professional land surveyor responsible for plac-
 36    ing  the  monument.  Professional  engineers  qualified  and  duly  registered
 37    licensed pursuant to title 54, Idaho Code, this chapter may also perform those
 38    nonboundary surveys necessary and incidental to the work customarily performed
 39    by them.

 40        SECTION 23.  That Section 54-1228, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:

 42        54-1228.  ADMINISTERING AND CERTIFICATION OF OATHS -- AUTHORITY OF PROFES-
 43    SIONAL LAND SURVEYORS. Every registered, professional land surveyor is author-
 44    ized to administer and certify oaths, when it becomes necessary to take testi-
 45    mony  to  identify or establish old or lost corners, or to perpetuate a corner
 46    that is in a perishable condition, or whenever the importance of the land sur-
 47    vey makes it desirable, and to administer oaths to assistants for the faithful
 48    performance of duty. A record of such oaths shall be kept as part of the field
 49    notes of the land survey.

                                       22

  1        SECTION 24.  That Section 54-1234, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:

  3        54-1234.  MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any per-
  4    son  shall  wilfully  willfully deface, injure or remove any signal, monument,
  5    building or other object set as a permanent boundary survey marker by a regis-
  6    tered, professional land surveyor, he shall forfeit a sum not  exceeding  five
  7    hundred  dollars ($500) for each offense, and shall be liable for damages sus-
  8    tained by the affected parties in consequence  of  such  defacing,  injury  or
  9    removal, to be recovered in a civil action in any court of competent jurisdic-
 10    tion.

 11        SECTION  25.  That Section 54-1235, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        54-1235.  PRACTICE BY A BUSINESS ENTITY. (1) The practice of or  offer  to
 14    practice  professional  engineering or professional land surveying, as defined
 15    in this chapter, by professional engineers  or  professional  land  surveyors,
 16    through  a business entity, or by a business entity through professional engi-
 17    neers or professional land surveyors, as employees, or officers, is  permitted
 18    subject to the provisions of this chapter, provided that all personnel of such
 19    business  entity,  who  act in its behalf as professional engineers or profes-
 20    sional land surveyors in this state are registered  licensed  as  provided  by
 21    this  chapter, or are persons lawfully practicing under the exemptions enumer-
 22    ated in this chapter, and further provided that said business  entity,  except
 23    utilities  regulated by the Idaho public utilities commission, has been issued
 24    a certificate of authorization by the board as provided by  this  chapter.  No
 25    business entity shall be relieved of responsibility for the conduct or acts of
 26    its  employees  or officers by reason of its compliance with the provisions of
 27    this chapter, nor shall any individual practicing professional engineering  or
 28    professional land surveying as defined in this chapter, be relieved of respon-
 29    sibility for engineering or land surveying services performed by reason of his
 30    employment  or  relationship  with  such  business entity. All final drawings,
 31    specifications, plats, reports, or other engineering or land surveying  papers
 32    or  documents  involving  the  practice of professional engineering or profes-
 33    sional land surveying as defined in this chapter, which shall have  been  pre-
 34    pared  or  approved for the use of or for delivery to any person or for public
 35    record within this state shall be dated and bear the signature and seal of the
 36    professional engineer or professional land surveyor who prepared  or  approved
 37    them.
 38        (2)  A  business  entity organized pursuant to this section may provide or
 39    offer to provide allied professional services as defined in  section  30-1303,
 40    Idaho  Code, in connection with the providing of engineering or land surveying
 41    services, by persons licensed in allied professions  acting  as  employees  or
 42    officers, provided such persons are duly licensed or otherwise legally author-
 43    ized to render such allied professional services within this state.
 44        (3)  A  business  entity desiring a certificate of authorization for engi-
 45    neering, for land surveying, or for both, shall file with the board a descrip-
 46    tion of the engineering or land surveying service to be offered  or  practiced
 47    in the state, an application upon a form to be prescribed by the board and the
 48    designation  required  by the following paragraph, accompanied by the applica-
 49    tion fee.
 50        (4)  Such business entity shall file with the board a  designation  of  an
 51    individual  or  individuals duly registered and certified licensed to practice
 52    professional engineering or professional land  surveying  in  this  state  who

                                       23

  1    shall  be in responsible charge of the practice of professional engineering or
  2    land surveying, as applicable, by said business entity in this state.  In  the
  3    event  there shall be a change in the individual or individuals in responsible
  4    charge, such changes shall be designated in writing and filed with  the  board
  5    within thirty (30) days after the effective date of such change.
  6        If all requirements of this chapter are met, the board shall issue to such
  7    business  entity  a certificate of authorization for professional engineering,
  8    for land surveying, or for both; provided, however, the board  may  refuse  to
  9    issue  a  certificate if any facts exist which would entitle the board to sus-
 10    pend or revoke an existing certificate.
 11        A professional engineer or professional land surveyor  who  renders  occa-
 12    sional,  part-time  or consulting engineering or land surveying services to or
 13    for a business entity may not be  designated  as  the  person  in  responsible
 14    charge for the professional activities of the business entity.
 15        (5)  The  secretary  of  state shall not accept for filing from any person
 16    any assumed business name which includes within its  name  any  of  the  words
 17    "engineer," "engineering," "land surveyor," "land surveying," or any modifica-
 18    tion  or derivation thereof, unless the board shall have issued a letter indi-
 19    cating that the person has a licensed professional in  responsible  charge  of
 20    the professional activities of the sole proprietorship or business entity. The
 21    board may notify the secretary of state, in writing, that it waives any objec-
 22    tion  to  the  name if the person is clearly not governed by chapter 12, title
 23    54, Idaho Code. The secretary of state shall not accept for filing the organi-
 24    zational documents of an Idaho business entity, or authorize  the  transaction
 25    of  business  by any foreign business entity which includes, among objects for
 26    which it is established or within its  name,  any  of  the  words  "engineer,"
 27    "engineering," "land surveyor," "land surveying," or any modification or deri-
 28    vation  thereof,  unless the board shall have issued for said applicant a cer-
 29    tificate of authorization or a  letter  indicating  the  eligibility  of  said
 30    applicant  to  receive such certificate. The board may notify the secretary of
 31    state, in writing, that it waives any objection to the name or purpose of  any
 32    business  entity  if it is clearly not governed by chapter 12, title 54, Idaho
 33    Code. The business entity applying shall include such  certificate  or  letter
 34    from the board with any filings submitted to the secretary of state.

 35        SECTION  26.  That Section 54-1236, Idaho Code, be, and the same is hereby
 36    amended to read as follows:

 37        54-1236.  EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION  ON  REQUIRE-
 38    MENT  FOR  ADDITIONAL  LICENSES  OR  FEES.  (1) Only the board of registration
 39    licensure of professional engineers and professional  land  surveyors  of  the
 40    state  of  Idaho  is  authorized and empowered to issue licenses to persons to
 41    practice the profession of engineering or land surveying.
 42        (2)  No local jurisdiction shall have the authority to require  additional
 43    licensure  or  to  require  payment  of any fees in order for any professional
 44    engineer or professional land surveyor to engage in the practice of  the  pro-
 45    fession for which the board has issued a license.

 46        SECTION  27.  That Section 55-1603, Idaho Code, be, and the same is hereby
 47    amended to read as follows:

 48        55-1603.  DEFINITIONS. Except where  the  context  indicates  a  different
 49    meaning, terms used in this chapter shall be defined as follows:
 50        (1)  An  "aAccessory  to  a  corner" is means any exclusively identifiable
 51    physical object whose spatial relationship to the corner is recorded. Accesso-

                                       24

  1    ries may be bearing trees, bearing objects,  monuments,  reference  monuments,
  2    line  trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or
  3    other objects.
  4        (2)  "Adequate evidence of the existence of a land survey monument"  means
  5    the  visual  presence  of  the monument or existence of a federal general land
  6    office or bureau of land management plat on which the monument appears,  or  a
  7    recorded corner perpetuation and filing form as provided in this chapter, or a
  8    record of survey filed in accordance with chapter 19, title 55, Idaho Code, on
  9    which  the  monument  appears,  or a subdivision plat filed in accordance with
 10    chapter 13, title 50, Idaho Code, on which the monument appears.
 11        (3)  The "bBoard" is means the board of registration licensure of  profes-
 12    sional engineers and professional land surveyors.
 13        (43)  A "cCorner," unless otherwise defined, means a property corner, or a
 14    property  controlling  corner, or a public land survey corner, or any combina-
 15    tion of these.
 16        (54)  "Establish" means to determine the position of a corner either phys-
 17    ically or mathematically.
 18        (65)  A "mMonument" is means a physical structure that occupies the  exact
 19    position of a corner.
 20        (76)  A  "pProfessional  land surveyor" means any person who is authorized
 21    by the laws of this state to practice land surveying.
 22        (87)  A "pProperty controlling corner" for a property is  means  a  public
 23    land  survey  corner, or any property corner, which does not lie on a property
 24    line of the property in question, but which controls the location of  one  (1)
 25    or more of the property corners of the property in question.
 26        (98)  A  "pProperty  corner" is means a geographic point on the surface of
 27    the earth, and is on, a part of, and controls a property line.
 28        (109)  A "pPublic land survey corner" is means any point  actually  estab-
 29    lished  and  monumented  in an original survey or resurvey that determines the
 30    boundaries of remaining public lands, or public lands patented, represented on
 31    an official plat and in the field notes thereof, accepted and  approved  under
 32    authority  delegated  by congress to the U.S. general land office and the U.S.
 33    department of interior, bureau of land management.
 34        (110) A "rReference monument" is means a special monument  that  does  not
 35    occupy  the same geographical position as the corner itself, but whose spatial
 36    relationship to the corner is recorded, and which serves to witness  the  cor-
 37    ner.

 38        SECTION  28.  That Section 55-1608, Idaho Code, be, and the same is hereby
 39    amended to read as follows:

 40        55-1608.  PROFESSIONAL LAND SURVEYOR TO RECONSTRUCT  MONUMENTS.  In  every
 41    case  where  a  corner  record  of  a survey corner is required to be filed or
 42    recorded under the provisions of this chapter, the professional land  surveyor
 43    must  reconstruct or rehabilitate the monument of such corner, and accessories
 44    to such corner, so that it will be as permanent a monument  as  is  reasonably
 45    possible to provide and so that it may be located with facility at any time in
 46    the future.
 47        Any  monument  set shall be permanently marked or tagged with the certifi-
 48    cate number of the professional land surveyor in responsible charge conform to
 49    the provisions of section 54-1227, Idaho Code. If the monument  is  set  by  a
 50    public officer, it shall be marked by an appropriate official designation.

 51        SECTION  29.  That Section 55-1612, Idaho Code, be, and the same is hereby
 52    amended to read as follows:

                                       25

  1        55-1612.  PENALTY. Professional land surveyors failing to comply with  the
  2    provisions  hereof  and  professional engineers who prepare plans which do not
  3    indicate the presence of corners for which adequate evidence exists  shall  be
  4    deemed  to  be within the purview of section 54-1220, Idaho Code, and shall be
  5    subject to disciplinary action as in said section provided. Any  person  shall
  6    be subject to the penalties prescribed in section 54-1234, Idaho Code, if they
  7    prepare  plans  for  the construction of any facility and construction of that
  8    facility results in the defacing, injury or removal  of  a  monument,  if  the
  9    plans  they  prepare  do not indicate  the presence of a corner or corners for
 10    which adequate evidence exists.

 11        SECTION 30.  That Section 55-1613, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:

 13        55-1613.  MONUMENTS  DISTURBED  BY CONSTRUCTION ACTIVITIES -- PROCEDURE --
 14    REQUIREMENTS. When adequate evidence professional engineers prepare  construc-
 15    tion  documents  for projects which may disturb land survey monuments, a field
 16    search shall be conducted by, or under the direction of, a  professional  land
 17    surveyor to determine whether monuments, reference monuments or accessories to
 18    corners  physically  exists as to at the location of, or referencing the loca-
 19    tion of, a public land survey corners, subdivision, tract,  property  control-
 20    ling  corners  or property, or other land corners,. Ssuch monuments, reference
 21    monuments or accessories to corners shall be  located  and  referenced  by  or
 22    under  the  direction  of  a professional land surveyor prior to the time when
 23    construction or other activities may disturb them. Such  monuments,  reference
 24    monuments  or  accessories  to corners shall be reestablished and remonumented
 25    by, or under the direction of, a professional land surveyor at the expense  of
 26    the  agency or person causing the such loss or disturbance. of monuments. Pro-
 27    fessional engineers who prepare plans  construction  documents  which  do  not
 28    indicate the presence existence of corners, for which adequate evidence exists
 29    monuments,  reference  monuments and accessories to corners shall be deemed to
 30    be within the purview of section 54-1220, Idaho Code, and shall be subject  to
 31    disciplinary  action  as provided in said section. Any person shall be subject
 32    to the penalties prescribed in section 54-1234, Idaho Code,  if  they  prepare
 33    plans construction documents for the construction of any facility which do not
 34    indicate  the  existence  of monuments, reference monuments and accessories to
 35    corners and construction of that facility results in the defacing,  injury  or
 36    removal of a monuments, if the plans they prepare do not indicate the presence
 37    of  a corner or corners for which adequate evidence exists reference monuments
 38    or accessories to corners.

                                       26

                              IN THE HOUSE OF REPRESENTATIVES

                         HOUSE BILL NO. 380, As Amended, As Amended

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND  SURVEYORS;  AMENDING
  3        SECTION  50-1303, IDAHO CODE, TO PROVIDE FOR REVISED MONUMENT REQUIREMENTS
  4        FOR CENTERLINE INTERSECTIONS, POINTS WHERE THE CENTERLINE  CHANGES  DIREC-
  5        TION,  POINTS, WITNESS CORNERS, REFERENCE MONUMENTS AND LOT AND BLOCK COR-
  6        NERS, TO PROVIDE FOR AN EXCEPTION, TO REVISE TERMINOLOGY AND TO MAKE TECH-
  7        NICAL CORRECTIONS; AMENDING SECTION 54-1201, IDAHO CODE, TO PROVIDE  THAT,
  8        UNLESS  EXEMPTED  BY IDAHO CODE, A LAND SURVEYOR MUST BECOME DULY LICENSED
  9        AS A PROFESSIONAL LAND SURVEYOR BY THE BOARD OF LICENSURE OF  PROFESSIONAL
 10        ENGINEERS  AND  PROFESSIONAL LAND SURVEYORS TO BE ALLOWED TO PRACTICE PRO-
 11        FESSIONAL LAND SURVEYING  AND  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION
 12        54-1202,  IDAHO  CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORREC-
 13        TIONS; AMENDING SECTION 54-1203, IDAHO CODE, TO REVISE TERMINOLOGY; AMEND-
 14        ING SECTION 54-1204, IDAHO CODE, TO REVISE TERMINOLOGY;  AMENDING  SECTION
 15        54-1208,  IDAHO  CODE, TO REMOVE THE POWER OF THE BOARD TO ADOPT AND AMEND
 16        BYLAWS, TO PROVIDE THE BOARD THE POWER TO ADOPT AND  AMEND  ADMINISTRATIVE
 17        RULES,  TO CLARIFY CONTINUING EDUCATION REQUIREMENTS, TO PROVIDE THE CLAS-
 18        SIFICATION OF CERTAIN INDIVIDUALS AS EMPLOYEES  UNDER  CERTAIN  CONDITIONS
 19        FOR  PURPOSES  OF  THE IDAHO TORT CLAIMS ACT, TO REVISE TERMINOLOGY AND TO
 20        CLARIFY TERMINOLOGY; AMENDING SECTION 54-1210, IDAHO  CODE,  TO  REMOVE  A
 21        REQUIREMENT THAT A CERTIFIED TRANSCRIPT OF THE BOARD'S RECORDS BE ADMISSI-
 22        BLE  IN  EVIDENCE,  TO  PROVIDE  THAT THE CERTIFIED MINUTES OF THE BOARD'S
 23        RECORDS BE ADMISSIBLE IN EVIDENCE, TO REMOVE A REQUIREMENT THAT THE  BOARD
 24        SUBMIT  TO  THE  GOVERNOR  A COMPLETE YEARLY STATEMENT OF ITS RECEIPTS AND
 25        EXPENDITURES, ATTESTED BY AFFIDAVITS OF ITS  CHAIRMAN  AND  SECRETARY,  TO
 26        PROVIDE FOR THE BOARD TO SUBMIT TO THE GOVERNOR A SUMMARY YEARLY STATEMENT
 27        OF  ITS RECEIPTS AND EXPENDITURES AND TO REVISE TERMINOLOGY; AMENDING SEC-
 28        TION 54-1211, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 54-1212,
 29        IDAHO CODE, TO REMOVE A PROVISION PROVIDING THAT  ANY  PERSON  HAVING  THE
 30        NECESSARY  QUALIFICATIONS  BE ENTITLED TO BE ELIGIBLE FOR REGISTRATION, TO
 31        PROVIDE THAT ANY PERSON HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO
 32        BE ELIGIBLE TO ASSIGNMENT TO AN EXAMINATION FOR  LICENSURE  OR  CERTIFICA-
 33        TION,  TO REVISE TERMINOLOGY, TO CLARIFY TERMINOLOGY AND TO MAKE A TECHNI-
 34        CAL CORRECTION; AMENDING SECTION 54-1212, IDAHO CODE, AS AMENDED  BY  SEC-
 35        TION  1,  CHAPTER  125, LAWS OF 2002, AS AMENDED BY SECTION 2, CHAPTER 15,
 36        LAWS OF 2003, AS AMENDED BY SECTION 2, CHAPTER 84, LAWS OF 2004, TO REMOVE
 37        A PROVISION PROVIDING THAT ANY PERSON HAVING THE NECESSARY  QUALIFICATIONS
 38        BE  ENTITLED  TO  BE ELIGIBLE FOR REGISTRATION, TO PROVIDE THAT ANY PERSON
 39        HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE TO  ASSIGN-
 40        MENT TO AN EXAMINATION FOR LICENSURE OR CERTIFICATION, TO REVISE TERMINOL-
 41        OGY  AND  TO CLARIFY TERMINOLOGY; AMENDING SECTION 54-1213, IDAHO CODE, TO
 42        STRIKE LANGUAGE PROVIDING THAT APPLICATIONS FOR LICENSURE  MUST  SHOW  THE
 43        APPLICANT'S TECHNICAL EXPERIENCE, TO REMOVE A PROVISION REQUIRING SEPARATE
 44        APPLICATION  FEES,  TO PROVIDE THAT IF A CERTIFICATE OR LICENSE IS DENIED,
 45        THE BOARD WILL RETAIN THE FEE PAID AS A PROCESSING FEE AND TO REVISE  TER-
 46        MINOLOGY;  AMENDING  SECTION  54-1214,  IDAHO  CODE,  TO  PROVIDE  CERTAIN
 47        REQUIREMENTS  THAT  WARRANT  ASSIGNMENT TO A SUBSEQUENT EXAMINATION IN THE
 48        EVENT AN EXAMINEE FAILS THE EXAMINATION FOR THE FIRST,  SECOND,  THIRD  OR
 49        SUBSEQUENT  TIME,  TO  REMOVE  A PROVISION ALLOWING THE BOARD TO PUBLISH A

                                       27

  1        BROCHURE OF SPECIFICATIONS FOR THE WRITTEN EXAMINATION, TO  REVISE  TERMI-
  2        NOLOGY  AND  TO CLARIFY TERMINOLOGY; AMENDING SECTION 54-1215, IDAHO CODE,
  3        TO REMOVE A PROVISION FOR THE  ISSUANCE  OF  A  CARD  INDICATING  THAT  AN
  4        ENGINEER-IN-TRAINING'S  OR  A  LAND  SURVEYOR-IN-TRAINING'S  NAME HAS BEEN
  5        RECORDED AS SUCH IN THE BOARD'S OFFICE, TO REVISE TERMINOLOGY, TO  CLARIFY
  6        TERMINOLOGY  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1216,
  7        IDAHO CODE, TO REMOVE A PROVISION FOR A MAXIMUM FEE  FOR  DELAYED  RENEWAL
  8        FOR  EACH  BIENNIUM  DELINQUENCY,  TO  PROVIDE  A  MAXIMUM FEE FOR DELAYED
  9        RENEWAL FOR EACH RENEWAL CYCLE DELINQUENCY, TO REMOVE A PROVISION FOR  THE
 10        REMOVAL OF AN ENGINEER-IN-TRAINING'S OR A LAND SURVEYOR-IN-TRAINING'S NAME
 11        FROM  THE  BOARD'S  CURRENT LIST FOR FAILURE TO TIMELY MEET CERTIFICATE OF
 12        ENROLLMENT REQUIREMENTS,  TO  PROVIDE  FOR  THE  REMOVAL  OF  AN  ENGINEER
 13        INTERN'S  OR LAND SURVEYOR INTERN'S NAME FROM THE BOARD'S MAILING LIST FOR
 14        FAILURE TO MEET CERTIFICATE RENEWAL REQUIREMENTS AND TO  REVISE  TERMINOL-
 15        OGY; AMENDING SECTION 54-1218, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING
 16        SECTION  54-1219, IDAHO CODE, TO PROVIDE FOR THE WAIVING OF CERTAIN LICEN-
 17        SURE REQUIREMENTS FOR APPLICANTS WHO ARE LICENSED IN  OTHER  JURISDICTIONS
 18        AND  WHO MEET CERTAIN CRITERIA AND TO REVISE TERMINOLOGY; AMENDING SECTION
 19        54-1220, IDAHO CODE, TO REMOVE CERTAIN PROCEDURAL AND NOTICE  REQUIREMENTS
 20        FOR A DISCIPLINARY HEARING, TO REVISE AN ADMINISTRATIVE PENALTY, TO REVISE
 21        TERMINOLOGY  AND  TO  CLARIFY TERMINOLOGY; AMENDING SECTION 54-1221, IDAHO
 22        CODE, TO REMOVE A PROVISION FOR THE REPLACEMENT OF A  CERTIFICATE  SUBJECT
 23        TO THE RULES OF THE BOARD UPON PAYMENT OF THE ESTIMATED COST OF INVESTIGA-
 24        TION  AND  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1222, IDAHO CODE, TO
 25        PROVIDE FOR THE ENFORCEMENT BY THE ATTORNEY GENERAL OF CHAPTER  PROVISIONS
 26        RELATING  TO UNLICENSED PRACTICE AND FOR THE PROSECUTION OF ANY UNLICENSED
 27        PERSON WITH REIMBURSEMENT BY THE BOARD TO THE ATTORNEY  GENERAL  FOR  FEES
 28        AND  EXPENSES  INCURRED  IN  THAT  PROSECUTION  AND TO REVISE TERMINOLOGY;
 29        AMENDING SECTION 54-1223, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC-
 30        TION 54-1225, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL COR-
 31        RECTIONS;  AMENDING  SECTION  54-1227,  IDAHO   CODE,   TO   PROVIDE   FOR
 32        MAGNETICALLY  DETECTABLE  MONUMENTS, TO PERMIT LICENSED PROFESSIONAL ENGI-
 33        NEERS TO PERFORM CERTAIN NONBOUNDARY SURVEYS AND  TO  REVISE  TERMINOLOGY;
 34        AMENDING  SECTION 54-1228, IDAHO CODE, TO REMOVE A PROVISION AUTHORIZING A
 35        PROFESSIONAL LAND SURVEYOR TO  ADMINISTER  OATHS  TO  ASSISTANTS  FOR  THE
 36        FAITHFUL  PERFORMANCE OF DUTY AND TO CLARIFY TERMINOLOGY; AMENDING SECTION
 37        54-1230, IDAHO CODE, TO PROVIDE FOR THE RIGHT OF ENTRY FOR PRIVATE SURVEY-
 38        ING, TO PERMIT A PROPERLY LICENSED PROFESSIONAL LAND SURVEYOR AND HIS SUB-
 39        ORDINATES TO GO UPON OR ACROSS THE LAND OF OTHER PARTIES,  WHEN  NECESSARY
 40        TO  CARRY  OUT  THE  OBJECT  OF EXISTING LAWS RELATIVE TO SURVEYS, WITHOUT
 41        BEING GUILTY OF TRESPASS, TO PROVIDE FOR LIABILITY FOR  DAMAGE  DONE  UPON
 42        SUCH  ENTRY  AND  TO  PROVIDE PROCEDURES FOR WRITTEN NOTICE OF SUCH ENTRY;
 43        AMENDING SECTION 54-1231, IDAHO CODE, TO PROVIDE  FOR  THE  ASSESSMENT  OF
 44        DAMAGES  FOR  PRIVATE  SURVEYING; AMENDING SECTION 54-1232, IDAHO CODE, TO
 45        PROVIDE FOR THE TENDER OF DAMAGES FOR PRIVATE SURVEYING; AMENDING  SECTION
 46        54-1233,  IDAHO CODE, TO PROVIDE FOR THE COST OF ASSESSMENT OF DAMAGES FOR
 47        PRIVATE SURVEYING; AMENDING SECTION 54-1234, IDAHO CODE, TO CORRECT A MIS-
 48        SPELLED WORD, TO REMOVE A PROVISION DESIGNATING A BUILDING AS A  PERMANENT
 49        BOUNDARY MARKER AND TO REVISE TERMINOLOGY; AMENDING SECTION 54-1235, IDAHO
 50        CODE,  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION 54-1236, IDAHO CODE, TO
 51        REVISE TERMINOLOGY; AMENDING SECTION 55-1603, IDAHO CODE, TO REMOVE A DEF-
 52        INITION, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 53        SECTION 55-1608, IDAHO CODE, TO REMOVE A  PROVISION  REQUIRING  A  PROFES-
 54        SIONAL  LAND SURVEYOR TO RECONSTRUCT OR REHABILITATE A CORNER RECORD MONU-
 55        MENT AND ACCESSORIES TO SUCH CORNER TO MEET CERTAIN CRITERIA AND  TO  PRO-

                                       28

  1        VIDE FOR A CODE REFERENCE; AMENDING SECTION 55-1612, IDAHO CODE, TO REMOVE
  2        PENALTIES  FOR  PROFESSIONAL  ENGINEERS  WHO  PREPARE CERTAIN PLANS AND TO
  3        REMOVE CERTAIN PENALTIES FOR ANY PERSON WHO PREPARES  CERTAIN  PLANS  WITH
  4        SPECIFIED  RESULTS  OR FAILINGS; AND AMENDING SECTION 55-1613, IDAHO CODE,
  5        TO REVISE PROCEDURE AND REQUIREMENTS FOR MONUMENTS WHICH  MAY  BE  OR  ARE
  6        DISTURBED  BY  CONSTRUCTION ACTIVITIES, TO REMOVE REFERENCE TO SUBDIVISION
  7        AND TRACT CORNERS AND TO CLARIFY TERMINOLOGY.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 31.  That Section 50-1303, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        50-1303.  SURVEY  --  STAKES  AND  MONUMENTS  --  ACCURACY. The centerline
 12    intersections and  points  where  the  centerline  changes  direction  on  all
 13    streets,  avenues,  and  public  highways, and all points, witness corners and
 14    reference monuments on the exterior boundary where the boundary  line  changes
 15    direction  shall  be  marked  with magnetically detectable monuments either of
 16    concrete, galvanized iron pipe, aluminum pipe, iron or  steel  rods  or  other
 17    suitable  monument  approved  by the county surveyor; if concrete be used they
 18    shall not be less than six (6) inches by six (6) inches  by  twenty-four  (24)
 19    inches  or  in the case of public highways the size of a state standard right-
 20    of-way monument, and be magnetically detectable; if galvanized  iron  pipe  be
 21    used  they  shall  not  be  less than one (1) inch in diameter and thirty (30)
 22    inches long; if aluminum pipe be used they shall not be less than one (1) inch
 23    in diameter and thirty (30) inches long, and be magnetically  detectable;  and
 24    if iron or steel rods be used they the minimum size of which shall not be less
 25    than  five-eighths (5/8) of an inch in least dimension  and thirty (30) inches
 26    two (2) feet long. Points shall be plainly and permanently marked  upon  monu-
 27    ments  so that measurements may be taken to them to within one-tenth (1/10) of
 28    a foot. A iron or steel rod unless special circumstances preclude use of  such
 29    monument  and  all lot and block corners, witness corners, and reference monu-
 30    ments for lot and block corners shall be marked with monuments of either  gal-
 31    vanized  iron  pipe, not less than one-half (1/2) inch in diameter, or iron or
 32    steel rods, not less than one-half (1/2) inch in least dimension and  two  (2)
 33    feet long or other suitable monument approved by the county surveyor. All mon-
 34    uments  set  shall  be magnetically detectable and shall be permanently marked
 35    with the registration number of the professional land surveyor in  responsible
 36    charge  conforming to the provisions of section 54-1227, Idaho Code. Monuments
 37    shall be plainly and permanently marked so that measurements may be  taken  to
 38    the  marks  within one-tenth (1/10) of a foot. All lot corners of a burial lot
 39    within a platted cemetery need not be marked with a monument,  but  the  block
 40    corners shall be placed within the cemetery in accordance with sound surveying
 41    principles  and  practice,  and  at locations that will monumented in order to
 42    permit the accurate identification of each burial lot within the cemetery. The
 43    monuments shall be of either galvanized iron pipe or iron  or  steel  rods  or
 44    bars  not  less  than  one-half (1/2) inch in least dimension and two (2) feet
 45    long with marked cap; or caps not less than one (1) inch in  diameter  conform
 46    to  the  provisions of section 54-1227, Idaho Code. The locations and descrip-
 47    tions of all monuments within a platted cemetery shall be  carefully  recorded
 48    upon  the  plat,  and  the  proper courses and distances of all boundary lines
 49    shall be shown, but may be shown by appropriate legend.  The  survey  for  any
 50    plat shall be conducted in such a manner as to produce an unadjusted mathemat-
 51    ical error of closure of not less than one (1) part in five thousand (5,000).

                                       29

  1        SECTION  32.  That Section 54-1201, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-1201.  DECLARATION OF POLICY. To safeguard life, health  and  property,
  4    every  person  practicing  or offering to practice professional engineering or
  5    professional land surveying, as herein defined,  for  any  project  physically
  6    located in this state, shall submit evidence of his qualifications and be reg-
  7    istered  licensed  as  hereinafter  provided; and it shall be unlawful for any
  8    person to practice or offer to practice professional  engineering  or  profes-
  9    sional  land surveying for any project physically located in this state, or to
 10    use in connection with his name or otherwise  assume,  use  or  advertise  any
 11    title  or description tending to convey the impression that he is a registered
 12    or licensed professional engineer or professional land surveyor,  unless  such
 13    person  has  been duly registered licensed or is exempted under the provisions
 14    of this chapter. Except as exempted by section 54-1223, Idaho Code,  an  engi-
 15    neer  shall be allowed to practice professional engineering as defined in this
 16    chapter only when he has become duly registered or licensed as a  professional
 17    engineer  by  the  board  under  this  chapter.  Except as exempted by section
 18    54-1223, Idaho Code, a land surveyor shall be allowed to practice professional
 19    land surveying as defined in  this  chapter  only  when  he  has  become  duly
 20    licensed  as a professional land surveyor by the board under this chapter. The
 21    practice of professional engineering or professional land surveying  shall  be
 22    deemed  a  privilege  granted  by the Idaho board of registration licensure of
 23    professional engineers and professional  land  surveyors  through  the  board,
 24    based  on  qualifications of the individuals as evidenced by the person's cer-
 25    tificate of registration license, which shall not be transferable.

 26        SECTION 33.  That Section 54-1202, Idaho Code, be, and the same is  hereby
 27    amended to read as follows:

 28        54-1202.  DEFINITIONS. As used in this chapter, unless the context or sub-
 29    ject matter requires otherwise:
 30        (1)  Engineer.  The  term  "engineer"  means  a person who is qualified to
 31    practice engineering by reason of his special knowledge and use of  mathemati-
 32    cal,  physical  and  engineering  sciences,  and the principles and methods of
 33    engineering analysis and design, acquired by professional education and  engi-
 34    neering experience.
 35        (2)  Professional  Engineer. The term "professional engineer" means a per-
 36    son who has been duly registered or licensed as a professional engineer by the
 37    board under this chapter.
 38        (3)  Professional Engineering and Practice  of  Professional  Engineering.
 39    The  terms  "professional engineering" and "practice of professional engineer-
 40    ing" mean any service or creative work offered to or performed for the  public
 41    for any project physically located in this state, such as consultation, inves-
 42    tigation, evaluation, planning, designing, teaching upper division engineering
 43    design subjects, and responsible charge of observation of construction in con-
 44    nection with any public or private utilities, structures, buildings, machines,
 45    equipment,  processes,  works,  or projects, wherein the public welfare or the
 46    safeguarding of life, health, or property is concerned or involved, when  such
 47    service  requires the application of engineering principles and data. A person
 48    shall be construed to practice or offer to practice  professional  engineering
 49    within the meaning and intent of this chapter who practices or offers to prac-
 50    tice  any  of the branches of the profession of engineering for the public for
 51    any project physically located in this state or who, by  verbal  claim,  sign,
 52    advertisement,  letterhead, card, or in any other way represents himself to be

                                       30

  1    a professional engineer or through the use of some other title implies that he
  2    is a professional engineer or that he is registered  under  this  chapter,  or
  3    holds  himself  out  as able to perform or who does perform for the public for
  4    any project physically located in this state, any engineering service or  work
  5    or  any  other service designated by the practitioner which is the practice of
  6    professional engineering.
  7        (4)  Consulting Engineer. The term "consulting engineer" means  a  profes-
  8    sional engineer whose principal occupation is the independent practice of pro-
  9    fessional  engineering;  whose  livelihood is obtained by offering engineering
 10    services to the public; who is devoid of public, commercial and product affil-
 11    iation that might tend to infer a conflict of interest; and who  is  cognizant
 12    of his public and legal responsibilities, and is capable of discharging them.
 13        (5)  Professional  Land  Surveyor.  The  term "professional land surveyor"
 14    means a person who is qualified by reason of his knowledge of  the  principles
 15    of  land surveying acquired by education and practical experience to engage in
 16    the practice of professional land surveying and who has been  duly  registered
 17    or licensed as a professional land surveyor by the board under this chapter.
 18        (6)  Professional Land Surveying and Practice of Professional Land Survey-
 19    ing. The terms "land surveying" and "professional land surveying" mean respon-
 20    sible  charge  of surveying of land to determine the correct boundary descrip-
 21    tion, to convey, to establish or reestablish land boundaries, or to plat lands
 22    and subdivisions thereof. Any person shall be construed to practice  or  offer
 23    to  practice professional land surveying who engages in professional land sur-
 24    veying, or who, by verbal claim, sign, advertisement, letterhead, card, or  in
 25    any  other  way  represents himself to be a professional land surveyor, or who
 26    represents himself as able to perform or who  does  perform  any  professional
 27    land  surveying service or work or any other service designated by the practi-
 28    tioner which is professional land surveying.
 29        (7)  Board. The term "board" means the Idaho board of registration of pro-
 30    fessional engineers and professional land surveyors, hereinafter  provided  by
 31    this chapter.
 32        (8)  Responsible  Charge.  The term "responsible charge" means the control
 33    and direction of engineering work, or the control and direction of  land  sur-
 34    veying  work,  requiring  initiative, professional skill, independent judgment
 35    and professional knowledge of the content of relevant documents  during  their
 36    preparation.  Except  as allowed under section 54-1223, Idaho Code, reviewing,
 37    or reviewing and correcting, documents after they have been prepared by others
 38    does not constitute the exercise of responsible charge.
 39        (9)  Engineer-in-Training. The term "engineer-in-training" means a  person
 40    who  has qualified for, taken and passed an examination in the fundamentals of
 41    engineering subjects as provided in this chapter.
 42        (10) Land Surveyor-in-Training. The term "land surveyor-in-training" means
 43    a person who has qualified for, taken and passed an examination in the  funda-
 44    mentals of land surveying subjects as provided in this chapter.
 45        (11) Rules of Professional Responsibility. The term "rules of professional
 46    responsibility"  means  those  rules,  if  any,  promulgated  by the board, as
 47    authorized by the Idaho Code.
 48        (12) Public. The term "public" means any person, firm, corporation,  part-
 49    nership,  company,  government  agency, institution or any other entity recog-
 50    nized by law.
 51        (13) Business Entity. The term "business entity" means a corporation, pro-
 52    fessional corporation, limited liability company, professional limited liabil-
 53    ity company, general partnership, limited partnership, limited liability part-
 54    nership, professional limited liability partnership or any other form of busi-
 55    ness except a sole proprietorship.

                                       31

  1        (1)  "Board" means the Idaho board of licensure of professional  engineers
  2    and professional land surveyors, hereinafter provided by this chapter.
  3        (2)  "Business entity" means a corporation, professional corporation, lim-
  4    ited  liability company, professional limited liability company, general part-
  5    nership, limited partnership, limited liability partnership, professional lim-
  6    ited liability partnership or any other form of business except a sole propri-
  7    etorship.
  8        (3)  "Consulting engineer" means a professional engineer  whose  principal
  9    occupation  is  the  independent  practice  of professional engineering; whose
 10    livelihood is obtained by offering engineering services to the public; who  is
 11    devoid  of public, commercial and product affiliation that might tend to infer
 12    a conflict of interest; and who is cognizant of his public and legal responsi-
 13    bilities, and is capable of discharging them.
 14        (4)  "Engineer" means a person who is qualified to practice engineering by
 15    reason of his special knowledge and use of mathematical,  physical  and  engi-
 16    neering  sciences,  and the principles and methods of engineering analysis and
 17    design, acquired by professional education and engineering experience.
 18        (5)  "Engineer intern" means a person who has  qualified  for,  taken  and
 19    passed  an examination in the fundamentals of engineering subjects as provided
 20    in this chapter.
 21        (6)  "Land surveyor intern" means a person who has  qualified  for,  taken
 22    and  passed  an  examination in the fundamentals of surveying subjects as pro-
 23    vided in this chapter.
 24        (7)  "Professional engineer" means a person who has been duly licensed  as
 25    a professional engineer by the board under this chapter.
 26        (8)  "Professional engineering" and "practice of professional engineering"
 27    mean  any  service or creative work offered to or performed for the public for
 28    any project physically located in this state, such as consultation, investiga-
 29    tion, evaluation, planning, designing,  teaching  upper  division  engineering
 30    design subjects, and responsible charge of observation of construction in con-
 31    nection with any public or private utilities, structures, buildings, machines,
 32    equipment,  processes,  works,  or projects, wherein the public welfare or the
 33    safeguarding of life, health, or property is concerned or involved, when  such
 34    service  requires the application of engineering principles and data. A person
 35    shall be construed to practice or offer to practice  professional  engineering
 36    within the meaning and intent of this chapter who practices or offers to prac-
 37    tice  any  of the branches of the profession of engineering for the public for
 38    any project physically located in this state or who, by  verbal  claim,  sign,
 39    advertisement,  letterhead, card, or in any other way represents himself to be
 40    a professional engineer or through the use of some other title implies that he
 41    is a professional engineer or that he is licensed under this chapter, or holds
 42    himself out as able to perform or who does perform  for  the  public  for  any
 43    project  physically  located in this state, any engineering service or work or
 44    any other service designated by the practitioner which is the practice of pro-
 45    fessional engineering.
 46        (9)  "Professional land surveying" and "practice of professional land sur-
 47    veying" mean responsible charge of surveying of land to determine the  correct
 48    boundary  description, to convey, to establish or reestablish land boundaries,
 49    or to plat lands and subdivisions thereof. Any person shall  be  construed  to
 50    practice  or offer to practice professional land surveying who engages in pro-
 51    fessional land surveying, or who, by verbal claim, sign,  advertisement,  let-
 52    terhead,  card,  or  in  any other way represents himself to be a professional
 53    land surveyor, or who represents himself as able to perform or who  does  per-
 54    form any professional land surveying service or work or any other service des-
 55    ignated by the practitioner which is professional land surveying.

                                       32

  1        (10) "Professional  land surveyor" means a person who is qualified by rea-
  2    son of his knowledge of the principles of land surveying acquired by education
  3    and practical experience to engage in the practice of professional  land  sur-
  4    veying  and  who has been duly licensed as a professional land surveyor by the
  5    board under this chapter.
  6        (11) "Public" means any person, firm, corporation,  partnership,  company,
  7    government agency, institution or any other entity recognized by law.
  8        (12) "Responsible  charge"  means the control and direction of engineering
  9    work, or the control and direction of land surveying work,  requiring  initia-
 10    tive,  professional  skill, independent judgment and professional knowledge of
 11    the content of relevant documents during their preparation. Except as  allowed
 12    under  section  54-1223,  Idaho  Code, reviewing, or reviewing and correcting,
 13    documents after they have been prepared by  others  does  not  constitute  the
 14    exercise of responsible charge.
 15        (13) "Rules  of  professional  responsibility"  means those rules, if any,
 16    promulgated by the board, as authorized by the Idaho Code.
 17        (14) Signature. The term "sSignature"  shall  means  either:  an  original
 18    handwritten  message  identification  containing  the  name  of the person who
 19    applied it; or a digital signature which is an electronic authentication proc-
 20    ess attached to or logically associated with an electronic document. The digi-
 21    tal signature must be unique to the person using it; must be capable of  veri-
 22    fication;  must  be under the sole control of the person using it; and must be
 23    linked to a document in such a manner that the digital  signature  is  invali-
 24    dated if any data in the document is changed.
 25        (15) Standard  Design Plan. The term "sStandard design plan" shall means a
 26    building, structure, equipment or facility which is intended to be constructed
 27    or sited at multiple locations and for which some or all of the plans must  be
 28    prepared by a professional engineer.

 29        SECTION  34.  That Section 54-1203, Idaho Code, be, and the same is hereby
 30    amended to read as follows:

 31        54-1203.  IDAHO BOARD OF REGISTRATION LICENSURE OF PROFESSIONAL  ENGINEERS
 32    AND  PROFESSIONAL  LAND  SURVEYORS. A board to be known as the "Idaho board of
 33    registration licensure of professional engineers and  professional  land  sur-
 34    veyors"  is  a division of the Idaho department of self-governing agencies and
 35    shall administer the provisions of this chapter. It shall consist of five  (5)
 36    persons duly registered licensed as provided by this chapter, appointed by the
 37    governor from among nominees recommended by any organized and generally recog-
 38    nized  state  engineering  society in this state for the professional engineer
 39    members or any organized and generally recognized state land surveying society
 40    in this state for the professional land surveyor member. The  board  shall  be
 41    comprised  of  four  (4) persons registered licensed as professional engineers
 42    and one (1) person registered licensed as a professional  land  surveyor.  The
 43    members  of  the  board  shall  have  the  qualifications  required by section
 44    54-1204, Idaho Code. The members of the present board shall continue to  serve
 45    for  the  balance of their respective terms of appointment. Each member of the
 46    board shall take, subscribe and file the oath required by chapter 4, title 59,
 47    Idaho Code, before entering upon the duties of the office. On  the  expiration
 48    of  the  term  of any member, a successor shall be appointed in like manner by
 49    the governor for a term of five (5) years. Any appointment to complete a  term
 50    that has not expired, because of resignation or inability of a member to serve
 51    for  any  reason,  shall be for the unexpired portion of the term. A member of
 52    the board shall hold office until the expiration of the term for  which he was
 53    appointed and until his successor has been appointed and qualified.  A  member

                                       33

  1    after serving two (2) consecutive full terms in addition to any unexpired por-
  2    tion  of  a  term, shall not be reappointed for a period of two (2) years. The
  3    board, on its own initiative, may appoint any former member as an member emer-
  4    itus member for special assignment to assist the board in  the  administration
  5    of this chapter.

  6        SECTION  35.  That Section 54-1204, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        54-1204.  QUALIFICATION OF MEMBERS OF BOARD. Members of the board shall be
  9    citizens of the United States and residents of this state, and they shall have
 10    been engaged for at least twelve (12) years in the practice of engineering for
 11    the professional engineer members or land surveying for the professional  land
 12    surveyor  member,  shall have been in responsible charge for at least five (5)
 13    years of important professional engineering  or  professional  land  surveying
 14    work,  and  shall be registered licensed under the provisions of this chapter.
 15    Responsible charge of engineering or land surveying teaching may be  construed
 16    as  responsible  charge  of important professional engineering or professional
 17    land surveying work.

 18        SECTION 36.  That Section 54-1208, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:

 20        54-1208.  BOARD -- POWERS. (1) The board shall have the power to adopt and
 21    amend  all bylaws administrative rules including, but not limited to, rules of
 22    professional responsibility, rules of continuing professional development  for
 23    professional land surveyors not to exceed sixteen (16) hours annually for each
 24    profession for which the professional is licensed, and rules of procedure, not
 25    inconsistent  with  the constitution and laws of this state, which may be rea-
 26    sonably necessary for the proper performance of its duties and the administra-
 27    tion of the chapter and the regulation of proceedings before the board.  These
 28    actions  by  the board shall be binding upon persons registered licensed under
 29    this chapter and shall be applicable to business entities holding  a  certifi-
 30    cate  of  authorization  as  provided in section 54-1235, Idaho Code. It shall
 31    adopt and have an official seal which shall be affixed  to  each  license  and
 32    certificate issued. It shall have power to provide an office, office equipment
 33    and  facilities  and such books and records as may be reasonably necessary for
 34    the proper performance of its duties.
 35        (2)  In carrying into effect the provisions of this chapter, the board may
 36    subpoena witnesses and compel their attendance, and also may require the  sub-
 37    mission of books, papers, documents, or other pertinent data in any disciplin-
 38    ary  matters  or  in any case wherever a violation of this chapter is alleged.
 39    Upon failure or refusal to comply with any such order of the  board,  or  upon
 40    failure  to  honor its subpoena as herein provided, the board may apply to any
 41    court of any jurisdiction to enforce compliance with same.
 42        (3)  The board is hereby authorized in the name of the state to apply  for
 43    relief by injunction in the established manner provided in cases of civil pro-
 44    cedure, without bond, to enforce the provisions of this chapter or to restrain
 45    any  violation  thereof.  Venue  for all such actions shall be in the district
 46    court of the fourth judicial district, Ada county, Idaho.
 47        (4)  The board may subject an applicant for registration licensure or cer-
 48    tification to such examination as it deems necessary to  determine  qualifica-
 49    tions.
 50        (5)  Any  action,  claim or demand to recover money damages from the board
 51    or its employees which any person is legally entitled to recover as  compensa-

                                       34

  1    tion  for  the negligent or otherwise wrongful act or omission of the board or
  2    its employees, when acting within the course and scope  of  their  employment,
  3    shall  be  governed  by  the  Idaho tort claims act, chapter 9, title 6, Idaho
  4    Code. For purposes of this section, the term  "employees"  shall  include,  in
  5    addition  to  those  persons  listed  in section 6-902(4), Idaho Code, special
  6    assignment members, emeritus members and  other  any  independent  contractors
  7    while acting within the course and scope of their board related work.
  8        (6)  The  board may recommend arbitration of disputes between professional
  9    engineers or disputes between professional land surveyors.

 10        SECTION 37.  That Section 54-1210, Idaho Code, be, and the same is  hereby
 11    amended to read as follows:

 12        54-1210.  RECORDS  AND  REPORTS.  (1) The board shall keep a record of its
 13    proceedings and a register record of all applications for registration  licen-
 14    sure    or  certification, which register record shall show: the name, date of
 15    birth and last known address of each applicant; the date of  the  application;
 16    the  place  of business of such applicant; his education, experience and other
 17    qualifications; type of examination required; whether or not the applicant was
 18    rejected; whether or not a certificate of registration or license was granted;
 19    the dates of the action of the board; and any  other  information  as  may  be
 20    deemed necessary by the board.
 21        (2)  The  records  of  the board shall be prima facie evidence of the pro-
 22    ceedings of the board set forth therein, and  a  transcript  minutes  thereof,
 23    duly  certified  by the secretary of the board under seal, shall be admissible
 24    in evidence with the same force and effect as if the original were produced.
 25        (3)  Annually the board shall submit to  the  governor  a  report  of  its
 26    transactions  activities of the preceding year, and shall also transmit to him
 27    a complete summary statement of the receipts and expenditures  of  the  board,
 28    attested by affidavits of its chairman and its secretary.
 29        (4)  Board records and papers are subject to disclosure according to chap-
 30    ter 3, title 9, Idaho Code.

 31        SECTION  38.  That Section 54-1211, Idaho Code, be, and the same is hereby
 32    amended to read as follows:

 33        54-1211.  ROSTER. A complete roster  showing  the  names  and  last  known
 34    addresses  of  all  registered  professional engineers, all registered profes-
 35    sional land surveyors, all business entities holding certificates of  authori-
 36    zation as required under section 54-1235, Idaho Code, and all who possess cur-
 37    rent  certification as engineers-in-training interns and as land surveyors-in-
 38    training interns shall be maintained by the  board  in  an  electronic  format
 39    available to the public.

 40        SECTION  39.  That Section 54-1212, Idaho Code, be, and the same is hereby
 41    amended to read as follows:

 42        54-1212.  GENERAL REQUIREMENTS FOR  EXAMINATION  AND  LICENSE.  Except  as
 43    herein  otherwise expressly provided, no license as a professional engineer or
 44    professional land surveyor, or certification as an engineer-in-training intern
 45    or land surveyor-in-training intern, shall be issued until  an  applicant  has
 46    successfully  passed  an  examination given by or under the supervision of the
 47    board, nor shall a license as a professional  engineer  or  professional  land
 48    surveyor,   or   certification  as  an  engineer-in-training  intern  or  land
 49    surveyor-in-training intern, be issued to an applicant having habits or  char-

                                       35

  1    acter  that  would justify revocation or suspension of his license or certifi-
  2    cate, as provided in section 54-1220, Idaho Code. The following shall be  con-
  3    sidered  as  minimum  evidence satisfactory to the board that the applicant is
  4    qualified for assignment to an examination:
  5        (1)  As a professional engineer:
  6        (a)  Graduation from an approved engineering curriculum of four (4)  years
  7        or more in a school or college approved by the board as being of satisfac-
  8        tory  standing, passage of an examination on the fundamentals of engineer-
  9        ing acceptable to the board, and a specific record, after  graduation,  of
 10        an  additional  four  (4) years or more of progressive experience in engi-
 11        neering work of a grade and character satisfactory to the board, and indi-
 12        cating that the applicant is competent to practice professional  engineer-
 13        ing; or
 14        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 15        school or college approved by the board, and evidence satisfactory to  the
 16        board  that the applicant possesses knowledge and skill approximating that
 17        attained through graduation from an approved  four  (4)  year  engineering
 18        curriculum,  passage  of an examination on the fundamentals of engineering
 19        acceptable to the board, and a specific record, after  graduation,  of  an
 20        additional four (4) years or more of progressive experience in engineering
 21        work  of  a  grade  and character satisfactory to the board and indicating
 22        that the applicant is competent to practice professional engineering.
 23        (2)  As a professional land surveyor:
 24        (a)  Graduation from an approved surveying curriculum of four (4) years or
 25        more in a school or college approved by the board as being of satisfactory
 26        standing, passage of an examination on the fundamentals of land  surveying
 27        acceptable  to  the board, and a specific record of an additional four (4)
 28        years or more of progressive combined office and field experience in  land
 29        surveying  work,  of  a  grade and character satisfactory to the board and
 30        indicating that the applicant is competent to practice  professional  land
 31        surveying; or
 32        (b)  At  least  sixty (60) semester credit hours of college level academic
 33        education beyond high school, including a minimum of fifteen (15) semester
 34        credit hours in surveying, passage of an examination on  the  fundamentals
 35        of  land  surveying  acceptable  to the board, and a specific record of an
 36        additional six (6) years of progressive combined office and field  experi-
 37        ence  in  land surveying work of a grade and character satisfactory to the
 38        board and indicating that the applicant is competent to practice land sur-
 39        veying; or
 40        (c)  Evidence that the applicant possesses knowledge and skill,  satisfac-
 41        tory to the board, similar to that attained upon completion of an approved
 42        college level academic curriculum, passage of an examination on the funda-
 43        mentals  of land surveying acceptable to the board, and evidence of a spe-
 44        cific record of an additional eight  (8)  years  of  progressive  combined
 45        office  and field experience in land surveying work of a grade and charac-
 46        ter satisfactory to the board and indicating that the applicant is  compe-
 47        tent to practice land surveying.
 48        (3)  As an engineer-in-training intern:
 49        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 50        neering    curriculum  of  four  (4)  years or more in a school or college
 51        approved by the board as being of  satisfactory  standing  and  indicating
 52        that  the  applicant  is  competent  to  enroll as an engineer-in-training
 53        intern; or
 54        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 55        school or college approved by the board as being of satisfactory standing,

                                       36

  1        and evidence satisfactory to the board that the applicant possesses knowl-
  2        edge  and  skill  approximating  that  attained through graduation from an
  3        approved four (4) year engineering curriculum,  and  indicating  that  the
  4        applicant is competent to be enrolled as an engineer-in-training intern.
  5        (c)  In  the  event the applicant qualifies for assignment to the examina-
  6        tion during the last two (2) semesters of college under the provisions  of
  7        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
  8        tificate will be issued only after the applicant graduates.
  9        (4)  As a land surveyor-in-training intern:
 10        (a)  Graduation  from,  or  in  the last two (2) semesters of, an approved
 11        surveying curriculum of four (4) years or more  in  a  school  or  college
 12        approved  by  the  board  as being of satisfactory standing and indicating
 13        that  the  applicant   is   competent   to   be   enrolled   as   a   land
 14        surveyor-in-training intern; or
 15        (b)  At  least  sixty (60) semester credit hours of college level academic
 16        education beyond high school, including a minimum of fifteen (15) semester
 17        credit hours in surveying, and in addition, a specific record of three (3)
 18        years or more of progressive combined office and field experience in  land
 19        surveying work of a grade and character satisfactory to the board that the
 20        applicant  is  competent  to  be  enrolled  as a land surveyor-in-training
 21        intern; or
 22        (c)  Possesses knowledge and skill, satisfactory to the board, similar  to
 23        that  attained  upon completion of an approved college level academic cur-
 24        riculum and evidence of a specific record of  at  least  four  (4)  years'
 25        experience  of progressive combined office and field experience of a grade
 26        and character satisfactory to the board that the applicant is competent to
 27        be enrolled as a land surveyor-in-training intern.
 28        In counting years of experience for assignment to the  professional  engi-
 29    neer  or professional land surveyor examination, the board may, at its discre-
 30    tion, give credit, not in excess of one (1) year,  for  satisfactory  graduate
 31    study toward a master's degree and not in excess of an additional one (1) year
 32    for  satisfactory  graduate  study  toward a doctorate degree. In the event an
 33    applicant obtains a  doctorate  degree  without  first  obtaining  a  master's
 34    degree,  the  board  may, at its discretion, give credit, not in excess of two
 35    (2) years.
 36        In considering the combined education  and  experience  qualifications  of
 37    applicants,  the  board  shall  consider  engineering teaching, land surveying
 38    teaching, each year of satisfactory completion of undergraduate college educa-
 39    tion, advanced degrees in engineering and advanced degrees in  land  surveying
 40    in establishing the applicants' minimum composite knowledge and skill.
 41        The  mere  execution,  as a contractor, of work designed by a professional
 42    engineer, or the supervision of the construction of such work as a foreman  or
 43    superintendent,  shall not be deemed to be the practice of engineering, but if
 44    such experience, in the opinion of the board, has involved responsible  super-
 45    vision  of  a character that will tend to expand the engineering knowledge and
 46    skill of the applicant the board may in its discretion give such credit there-
 47    for as it may deem proper.
 48        Any person having the necessary qualifications prescribed in this  chapter
 49    to  entitle  him to registration assignment to an examination for licensure or
 50    certification shall be eligible for such registration assignment  although  he
 51    may not be practicing his profession at the time of making his application.

 52        SECTION  40.  That  Section  54-1212, Idaho Code, as amended by Section 1,
 53    Chapter 125, Laws of 2002, as amended by Section 2, Chapter 15, Laws of  2003,
 54    as  amended by Section 2, Chapter 84, Laws of 2004, be, and the same is hereby

                                       37

  1    amended to read as follows:

  2        54-1212.  GENERAL REQUIREMENTS FOR EXAMINATION AND  LICENSE.    Except  as
  3    herein  otherwise expressly provided, no license as a professional engineer or
  4    professional land surveyor, or certification as an engineer-in-training intern
  5    or land surveyor-in-training intern, shall be issued until  an  applicant  has
  6    successfully  passed  an  examination given by or under the supervision of the
  7    board, nor shall a license as a professional  engineer  or  professional  land
  8    surveyor,   or   certification  as  an  engineer-in-training  intern  or  land
  9    surveyor-in-training intern, be issued to an applicant having habits or  char-
 10    acter  that  would justify revocation or suspension of his license or certifi-
 11    cate, as provided in section 54-1220, Idaho Code. The following shall be  con-
 12    sidered  as  minimum  evidence satisfactory to the board that the applicant is
 13    qualified for assignment to an examination:
 14        (1)  As a professional engineer:
 15        (a)  Graduation from an approved engineering curriculum of four (4)  years
 16        or more in a school or college approved by the board as being of satisfac-
 17        tory  standing, passage of an examination on the fundamentals of engineer-
 18        ing acceptable to the board, and a specific record, after  graduation,  of
 19        an  additional  four  (4) years or more of progressive experience in engi-
 20        neering work of a grade and character satisfactory to the board, and indi-
 21        cating that the applicant is competent to practice professional  engineer-
 22        ing; or
 23        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 24        school or college approved by the board, and evidence satisfactory to  the
 25        board  that the applicant possesses knowledge and skill approximating that
 26        attained through graduation from an approved  four  (4)  year  engineering
 27        curriculum,  passage  of an examination on the fundamentals of engineering
 28        acceptable to the board, and a specific record, after graduation, of  four
 29        (4) years or more of progressive experience in engineering work of a grade
 30        and  character satisfactory to the board and indicating that the applicant
 31        is competent to practice professional engineering.
 32        (2)  As a professional land surveyor:
 33        (a)  Graduation from an approved surveying curriculum of four (4) years or
 34        more in a school or college approved by the board as being of satisfactory
 35        standing, passage of an examination on the fundamentals of land  surveying
 36        acceptable  to  the board, and a specific record of an additional four (4)
 37        years or more of progressive combined office and field experience in  land
 38        surveying  work  of  a  grade  and character satisfactory to the board and
 39        indicating that the applicant is competent to practice  professional  land
 40        surveying; or
 41        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 42        school or college approved by the board as being of satisfactory standing,
 43        and evidence satisfactory to the board that the applicant possesses knowl-
 44        edge and skill approximating that  attained  through  graduation  from  an
 45        approved four (4) year surveying curriculum, passage  of an examination on
 46        the fundamentals of land surveying acceptable to the board, and a specific
 47        record  of  an  additional  four (4) years or more of progressive combined
 48        office and field experience in land surveying work of a grade and  charac-
 49        ter  satisfactory to the board and indicating that the applicant is compe-
 50        tent to practice land surveying.
 51        (3)  As an engineer-in-training intern:
 52        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 53        neering curriculum of four (4) years  or  more  in  a  school  or  college
 54        approved  by  the  board  as being of satisfactory standing and indicating

                                       38

  1        that the applicant is  competent  to  enroll  as  an  engineer-in-training
  2        intern; or
  3        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
  4        school or college approved by the board, and evidence satisfactory to  the
  5        board  that the applicant possesses knowledge and skill approximating that
  6        attained through graduation from an approved  four  (4)  year  engineering
  7        curriculum,  and indicating that the applicant is competent to be enrolled
  8        as an engineer-in-training intern.
  9        (c)  In the event the applicant qualifies for assignment to  the  examina-
 10        tion  during the last two (2) semesters of college under the provisions of
 11        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
 12        tificate will be issued only after the applicant graduates.
 13        (4)  As a land surveyor-in-training intern:
 14        (a)  Graduation from, or in the last two (2)  semesters  of,  an  approved
 15        surveying  curriculum  of  four  (4)  years or more in a school or college
 16        approved by the board as being of  satisfactory  standing  and  indicating
 17        that   the   applicant   is   competent   to   be   enrolled   as  a  land
 18        surveyor-in-training intern; or
 19        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 20        school  or  college  approved  by  the board, evidence satisfactory to the
 21        board that the applicant possesses knowledge and skill approximating  that
 22        attained  through graduation from an approved four (4) year surveying cur-
 23        riculum, and indicating that the applicant is competent to be enrolled  as
 24        a land surveyor-in-training intern.
 25        (c)  In  the  event the applicant qualifies for assignment to the examina-
 26        tion during the last two (2) semesters of college under the provisions  of
 27        subsection (4)(a) of this section, and attains a passing grade, a certifi-
 28        cate shall be issued only after the applicant graduates.
 29        In  counting  years of experience for assignment to the professional engi-
 30    neer or professional land surveyor examination, the board may, at its  discre-
 31    tion,  give  credit,  not in excess of one (1) year, for satisfactory graduate
 32    study toward a master's degree and not in excess of an additional one (1) year
 33    for satisfactory graduate study toward a doctorate degree.  In  the  event  an
 34    applicant  obtains  a  doctorate  degree  without  first  obtaining a master's
 35    degree, the board may, at its discretion, give credit, not in  excess  of  two
 36    (2) years.
 37        In  considering  the  combined  education and experience qualifications of
 38    applicants, the board shall  consider  engineering  teaching,  land  surveying
 39    teaching, each year of satisfactory completion of undergraduate college educa-
 40    tion,  advanced  degrees in engineering and advanced degrees in land surveying
 41    in establishing the applicants' minimum composite knowledge and skill.
 42        The mere execution, as a contractor, of work designed  by  a  professional
 43    engineer,  or the supervision of the construction of such work as a foreman or
 44    superintendent, shall not be deemed to be the practice of engineering, but  if
 45    such experience, in the opinion of  the board, has involved responsible super-
 46    vision  of  a character that will tend to expand the engineering knowledge and
 47    skill of the applicant the board may in its discretion give such credit there-
 48    for as it may deem proper.
 49        Any person having the necessary qualifications prescribed in this  chapter
 50    to  entitle  him to registration assignment to an examination for licensure or
 51    certification shall be eligible for such registration assignment  although  he
 52    may not be practicing his profession at the time of making his application.

 53        SECTION  41.  That Section 54-1213, Idaho Code, be, and the same is hereby
 54    amended to read as follows:

                                       39

  1        54-1213.  APPLICATIONS AND REGISTRATION FEES. Applications  for  registra-
  2    tion  licensure  as  a professional engineer or professional land surveyor, or
  3    certification as an engineer-in-training intern or  land  surveyor-in-training
  4    intern,  shall be on forms prescribed and furnished by the board. The applica-
  5    tion shall be made under oath, and shall show the applicant's education and  a
  6    detailed  summary  of  his technical and engineering or land surveying experi-
  7    ence. An applicant for registration licensure as a  professional  engineer  or
  8    professional land surveyor shall furnish not less than five (5) references, of
  9    whom  three (3) or more should be registered professional engineers or profes-
 10    sional land  surveyors,  as  applicable,  having  personal  knowledge  of  the
 11    applicant's  engineering or land surveying experience. An applicant for certi-
 12    fication  as  an  engineer-in-training  intern  or  land  surveyor-in-training
 13    intern shall furnish not less than three (3) references of whom at  least  one
 14    (1)  should  be  a  registered professional engineer or professional land sur-
 15    veyor, as applicable, having personal knowledge of the applicant's engineering
 16    or land surveying experience. Applications for certificates  of  authorization
 17    shall be made in accordance with section 54-1235, Idaho Code.
 18        The  maximum  application  fee  for professional engineers or professional
 19    land surveyors seeking to be licensed by an eight (8) hour or longer  examina-
 20    tion  shall  be  an amount equal to the amount charged the board by the entity
 21    preparing and administering the examination, plus an administrative fee not to
 22    exceed one hundred dollars ($100). The total application fee  shall  accompany
 23    the application.
 24        The maximum application fee for an applicant who seeks a certificate as an
 25    engineer-in-training  intern  or  land surveyor-in-training intern shall be an
 26    amount equal to the amount charged the  board  by  the  entity  preparing  and
 27    administering  the examination, plus an administrative fee not to exceed fifty
 28    dollars ($50.00). The application fee shall accompany the application.
 29        The maximum application fee for business entities seeking a certificate of
 30    authorization shall be two hundred dollars ($200). The application  fee  shall
 31    accompany the application.
 32        Separate application fees shall accompany all applications for each of the
 33    four  (4)  classes  of  examinations: professional land surveyor, engineer-in-
 34    training, land surveyor-in-training and professional engineer.
 35        The amount of the registration license fee or  certificate  fee  shall  be
 36    fixed  by the board prior to June 30th of any year and shall continue in force
 37    until changed.
 38        Should the board deny the issuance of a  certificate  of  registration  or
 39    authorization  license  to  any  applicant,  the  fee  deposited paid shall be
 40    retained as an application a processing fee.

 41        SECTION 42.  That Section 54-1214, Idaho Code, be, and the same is  hereby
 42    amended to read as follows:

 43        54-1214.  EXAMINATIONS.  (1)  Examinations  will be held at such times and
 44    places as the board directs. The board shall determine the acceptable grade on
 45    examinations.
 46        (2)  Written examinations will be given in two (2)  sections  and  may  be
 47    taken only after the applicant has met the other minimum requirements as given
 48    in  section 54-1212, Idaho Code, and has been approved by the board for admis-
 49    sion to the examinations as follows:
 50        (a)  Fundamentals of Engineering -- The examination consists of  an  eight
 51        (8)  hour  test  period  on  the fundamentals of engineering. Passing this
 52        examination qualifies the examinee for an engineer-in-training intern cer-
 53        tificate, provided he has met  all  other  requirements  of  certification

                                       40

  1        required by this chapter.
  2        (b)  Principles and Practice of Engineering -- The examination consists of
  3        a minimum of an eight (8) hour test period on applied engineering. Passing
  4        this  examination  qualifies  the examinee for registration licensure as a
  5        professional engineer, provided he has met the other requirements for reg-
  6        istration licensure required by this chapter.
  7        (c)  Fundamentals of Land Surveying --  The  examination  consists  of  an
  8        eight  (8) hour test period on the fundamentals of land surveying. Passing
  9        this examination qualifies the examinee for  a  land  surveyor-in-training
 10        intern  certificate, provided he has met all other requirements for certi-
 11        fication required by this chapter.
 12        (d)  Principles and Practice of Land Surveying -- The examination consists
 13        of a minimum of an eight (8) hour test period on applied  land  surveying.
 14        Passing this examination qualifies the examinee for registration licensure
 15        as  a  professional  land surveyor, provided he has met the other require-
 16        ments for registration licensure required by this chapter.
 17        (3)  A candidate failing all or part of the an examination for  the  first
 18    time  may  apply for reexamination, which may be granted upon payment of a fee
 19    equal to the total application fee for the required examination. In the  event
 20    of a second failure, the examinee shall be required to appear before the board
 21    or  a member thereof to obtain a minimum of one (1) additional year of experi-
 22    ence, acceptable to the board, from the date of the second  examination  fail-
 23    ure,  and submit evidence of having completed an additional eight (8) semester
 24    credits of college level  academic  education  relating  to  the  examination,
 25    before  the  board will consider that he has acquired the necessary additional
 26    knowledge to warrant assignment to a third examination.  In  the  event  of  a
 27    third  or subsequent failure, the examinee shall be required to obtain a mini-
 28    mum of three (3) additional years of experience, acceptable to the board, from
 29    the date of the third or subsequent examination failure, and  submit  evidence
 30    of  having  completed  an  additional  twelve (12) semester credits of college
 31    level academic education relating to the examination, before  the  board  will
 32    consider  that  he  has acquired the necessary additional knowledge to warrant
 33    assignment to a subsequent examination.
 34        (4)  The board may prepare and adopt specifications for the written exami-
 35    nations in engineering and land surveying. They may be published  in  brochure
 36    form  and  be available to any person interested in being registered as a pro-
 37    fessional engineer or as a professional land surveyor.

 38        SECTION 43.  That Section 54-1215, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:

 40        54-1215.  CERTIFICATES  LICENSE  --  SEALS -- INTERN CERTIFICATES. (1) The
 41    board shall issue a certificate of registration license upon  payment  of  the
 42    registration  fee as provided for in this chapter to any applicant who, in the
 43    opinion of the board, has satisfactorily met all of the requirements  of  this
 44    chapter  for  licensure  as  a  professional  engineer  or  professional  land
 45    surveyor,  and  an enrollment certificate shall be issued to those who qualify
 46    as an engineers-in-training and intern or a land surveyors-in-training intern.
 47    In the case of a registered professional  engineer,  the  certificate  license
 48    shall authorize the practice of "professional engineering," and in the case of
 49    a  registered professional land surveyor the certificate license shall author-
 50    ize the practice of "professional land surveying." Certificates  of  registra-
 51    tion  Licenses shall show the full name of the registrant licensee, shall give
 52    a serial registration license number, and shall be signed by the chairman  and
 53    the secretary of the board under seal of the board.

                                       41

  1        (2)  The  issuance  of  a certificate of registration license by the board
  2    shall be prima facie evidence that the person named therein is entitled to all
  3    the rights, privileges and responsibilities of a registered  licensed  profes-
  4    sional  engineer  or of a registered licensed professional land surveyor, pro-
  5    vided that said certificate of registration license has not expired or has not
  6    been suspended or revoked.
  7        (3)  Each  registrant  licensee   hereunder   shall,   upon   registration
  8    licensure,  obtain a seal, the use and design of which are described below. It
  9    shall be unlawful for any person to affix or to permit his seal and  signature
 10    to be affixed to any documents after the certificate license of the registrant
 11    licensee  named  thereon  has expired or has been suspended or revoked, unless
 12    said certificate license shall have been renewed, reinstated, or reissued,  or
 13    for  the purpose of aiding or abetting any other person to evade or attempt to
 14    evade any portion of this chapter.
 15        (a)  The seal may be a rubber stamp,  crimp  or  electronically  generated
 16        image. Whenever the seal is applied, the registrant's licensee's signature
 17        and date shall also be included. If the signature is handwritten, it shall
 18        be  adjacent  to  or  across  the  seal.  No  further  words or wording is
 19        required. A facsimile signature  generated  by  any  method  will  not  be
 20        acceptable unless accompanied by a digital signature.
 21        (b)  The  seal, signature and date shall be placed on all final specifica-
 22        tions, land surveys, reports, plats, drawings, plans,  design  information
 23        and  calculations, whenever presented to a client or any public or govern-
 24        mental agency. Any such document presented to a client or public  or  gov-
 25        ernmental  agency that is not final and does not contain a seal, signature
 26        and date shall be clearly marked as "draft,"  "not  for  construction"  or
 27        with  similar  words to distinguish the document from a final document. In
 28        the event the final work product is preliminary in nature or contains  the
 29        word  "preliminary," such as a "preliminary engineering report," the final
 30        work product shall be sealed, signed and dated as a final document if  the
 31        document  is intended to be relied upon to make policy decisions important
 32        to the life, health, property, or fiscal interest of the public.
 33        (c)  The seal, and signature of the licensee and date shall be  placed  on
 34        all original documents in such a manner that such seal, signature and date
 35        are  reproduced  when  the original document is copied. The application of
 36        the registrant's licensee's seal,  and signature and the date  shall  con-
 37        stitute  certification  that the work thereon was done by him or under his
 38        responsible charge. Each plan or drawing sheet shall be sealed and  signed
 39        and  dated by the registrant licensee or registrants licensees responsible
 40        for each sheet. In the case of a business entity,  each  plan  or  drawing
 41        sheet  shall  be sealed and signed and dated by the registrant licensee or
 42        registrants licensees involved. Copies of  electronically  produced  docu-
 43        ments,  listed in paragraph (b) of this subsection, distributed for infor-
 44        mational uses such as for bidding  purposes  or  working  copies,  may  be
 45        issued  with the registrant's licensee's seal and a notice that the origi-
 46        nal document is on file with the registrant's licensee's signature and the
 47        date. The words "Original Signed By:" and "Date Original Signed:" shall be
 48        placed adjacent to or across the seal  on  the  electronic  original.  The
 49        storage location of the original document shall also be provided. Only the
 50        title  page  of  reports,  specifications and like documents need bear the
 51        seal, and signature of the licensee and the date. of the registrant.
 52        (d)  The seal and signature shall be used by  registrants  licensees  only
 53        when  the work being stamped was under the registrant's licensee's respon-
 54        sible charge.
 55        (e)  The design of the seal shall be as determined by the board.

                                       42

  1        (4)  The board shall issue to any applicant who, in  the  opinion  of  the
  2    board,  has met the requirements of this chapter, an enrollment certificate or
  3    card as an engineer-in-training intern  or  land  surveyor-in-training,  which
  4    indicates  that his name has been recorded as such in the board office intern.
  5    The engineer-in-training intern or land surveyor-in-training  enrollment  card
  6    intern  certificate does not authorize the certificate holder to practice as a
  7    professional engineer or a professional land surveyor.

  8        SECTION 44.  That Section 54-1216, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:

 10        54-1216.  EXPIRATIONS  AND RENEWALS -- FEES. Following issuance or renewal
 11    of certificates of registration licenses for professional engineers  and  pro-
 12    fessional  land  surveyors,  expiration  shall be on the last day of the month
 13    during which the registrant licensee was born, in even-numbered state of Idaho
 14    fiscal years for those born in even-numbered calendar years  and  in  odd-num-
 15    bered  state  of  Idaho  fiscal  years for those born in odd-numbered calendar
 16    years, and shall become invalid on that date unless renewed.  Certificates  of
 17    authorization  for business entities shall expire on the last day of the month
 18    of July following issuance or renewal and shall become invalid  on  that  date
 19    unless  renewed. It shall be the duty of the board to notify every person reg-
 20    istered licensed and every business entity certified under  this  chapter,  of
 21    the date of the expiration of said certificate of registration license or cer-
 22    tificate of authorization and the amount of the fee that shall be required for
 23    its renewal. Such notice shall be mailed to the last known address of the reg-
 24    istrant  licensee  or business entity at least one (1) month in advance of the
 25    date of the expiration of said license or certificate or  of    authorization.
 26    Renewal  may  shall  be effected effective at any time in the appropriate year
 27    during the month in which the registrant licensee was born or during the month
 28    of July in the case of business entities, by the payment of a renewal  fee  to
 29    be  fixed  by the board at not more than one hundred fifty dollars ($150). The
 30    failure on the part of any registrant licensee or certificate holder to  renew
 31    his  or  its license or certificate biennially in the month in which they were
 32    born or in the month of July in the case of  business  entities,  as  required
 33    above  shall  not  deprive  such  person  or  business  entity of the right of
 34    renewal, but the fee to be paid for the renewal of a  license  or  certificate
 35    after  the  month   in which it is due shall be increased twenty percent (20%)
 36    for each month or fraction of a month that payment of renewal is delayed; pro-
 37    vided, however, that the maximum fee for  delayed  renewal  shall  not  exceed
 38    twice  the  renewal  fee for each biennium renewal cycle delinquent, but in no
 39    event more than three hundred dollars ($300). Any work performed after a  reg-
 40    istration  license  or  certificate  of  authorization has expired, but before
 41    delayed renewal has been effected, shall become valid upon delayed renewal  as
 42    if  the  registration license or certificate of authorization had not expired,
 43    but the registrant licensee or certificate holder shall may be subject to dis-
 44    ciplinary action by the board for practice on an expired license or such other
 45    action as provided pursuant to this chapter.
 46        Following issuance or renewal of certificates of enrollment for engineers-
 47    in-training interns and land surveyors-in-training interns,  expiration  shall
 48    be  on the last day of the month during which the certificate holder was born,
 49    in even-numbered state of Idaho fiscal years for those born  in  even-numbered
 50    calendar  years and in odd-numbered state of Idaho fiscal years for those born
 51    in odd-numbered calendar years. The notification to holders of certificates of
 52    enrollment shall be processed as prescribed above  for  registrants  licensees
 53    except  that  the  biennial  renewal fee shall not be more than thirty dollars

                                       43

  1    ($30.00). The failure on the part of any holder of a certificate of enrollment
  2    to effect renewal shall not invalidate his status as  an  engineer-in-training
  3    intern  or  land surveyor-in-training intern, but his name shall, after ninety
  4    (90) days, be removed from the board's current mailing list.

  5        SECTION 45.  That Section 54-1218, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:

  7        54-1218.  PUBLIC  WORK.  It  shall  be unlawful for this state, or for any
  8    county, city, school district, irrigation district, drainage district, highway
  9    district, or other subdivision of the state, having power  to  levy  taxes  or
 10    assessments  against  property situated therein, to engage in the construction
 11    of any public work when the public health or safety  is  involved  unless  the
 12    plans  and  specifications  and  estimates have been prepared by, and the con-
 13    struction reviewed by a registered professional engineer.

 14        SECTION 46.  That Section 54-1219, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:

 16        54-1219.  COMITY  CERTIFICATION LICENSURE -- FEE. The board, upon applica-
 17    tion therefor and the payment of a fee of not to exceed a maximum of one  hun-
 18    dred  fifty dollars ($150), may issue a certificate of registration license as
 19    a professional engineer or professional land surveyor to any person who  holds
 20    a  certificate  of  registration license issued to the applicant by the proper
 21    authority of any state, territory or possession of the United States, the Dis-
 22    trict of Columbia, or of a foreign country, provided that, in the  opinion  of
 23    the  board,  the applicant possesses the education, experience and examination
 24    credentials, or their equivalents, that were specified in the applicable  reg-
 25    istration  licensing chapter in effect in this state at the time such certifi-
 26    cate license was issued, provided that a professional land surveyor  applicant
 27    must  successfully  pass a land surveying examination as prepared and adminis-
 28    tered by the board, and provided such state, territory, possession or  country
 29    will  license,  or issue certificates of registration, without examination and
 30    upon substantially the same condition, to applicants holding licenses or  cer-
 31    tificates of registration issued by the board under this chapter. In the event
 32    the  applicant  has been licensed and has practiced as a professional engineer
 33    or professional land surveyor in another jurisdiction for a minimum  of  eight
 34    (8)  years,  has  no  outstanding disciplinary action, and is in good standing
 35    under a licensing system which, in the opinion of the  board,  maintains  sub-
 36    stantially  equivalent  professional standards as required under this chapter,
 37    the board may, in its discretion, waive the requirement  for  satisfaction  of
 38    prescriptive credentials in education and examination.

 39        SECTION  47.  That Section 54-1220, Idaho Code, be, and the same is hereby
 40    amended to read as follows:

 41        54-1220.  DISCIPLINARY ACTION -- PROCEDURES. (1) Any  affected  party  may
 42    prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
 43    violation  of  any provision of this chapter, or violation of any of the rules
 44    promulgated by the board against any individual registrant licensee or certif-
 45    icate holder or against any business entity holding a certificate of  authori-
 46    zation or against a person applying for a license or against a business entity
 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

                                       44

  1    be  filed  with the executive director of the board. The executive director of
  2    the board shall be considered an affected party and may be the  person  making
  3    and filing the charges.
  4        (2)  All  charges,  unless dismissed by the board as unfounded or trivial,
  5    or unless settled informally, shall be heard  by  the  board  within  six  (6)
  6    months  after the date they were received at the board office unless such time
  7    is extended by the board for justifiable cause.
  8        (3)  The time and place for said hHearing shall be fixed by the board  and
  9    a  copy  of the charges, together with a notice of the time and place of hear-
 10    ing, shall be personally served on or mailed to the last known address of such
 11    individual registrant or business entity holding a certificate  of  authoriza-
 12    tion. The proceedings shall be governed by the provisions of chapter 52, title
 13    67, Idaho 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 five thousand dollars ($25,000) for deposit in the general
 17    account fund of the state of Idaho. In addition, the board, in its discretion,
 18    may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or
 19    any combination thereof, the individual's license or certificate of  registra-
 20    tion  or a business entity's certificate of authorization. The board may also,
 21    in its discretion, require the individual to practice under the supervision of
 22    another licensee, or require the individual to successfully complete  continu-
 23    ing education courses as may be prescribed by the board.
 24        (5)  The  board  shall  have jurisdiction over registrants licensees whose
 25    licenses are not current provided the action  relates  to  services  performed
 26    when the license was current and valid.

 27        SECTION  48.  That Section 54-1221, Idaho Code, be, and the same is hereby
 28    amended to read as follows:

 29        54-1221.  REISSUANCE OF LICENSES AND CERTIFICATES. The board,  upon  peti-
 30    tion of an individual or a business entity, may reissue or reinstate a license
 31    or certificate of registration or certificate of authorization, provided three
 32    (3)  or  more  members of  the board vote in favor of such reissuance or rein-
 33    statement. A new license or certificate  of  registration  or  certificate  of
 34    authorization,  to replace any license or certificate revoked, lost, destroyed
 35    or mutilated, may be issued, subject to the rules of the board, and upon  pay-
 36    ment  of  such  reasonable  charge  therefor as shall be fixed by the board to
 37    cover the estimated cost of investigation and such reissuance, but not exceed-
 38    ing ten dollars ($10.00) in any case.

 39        SECTION 49.  That Section 54-1222, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:

 41        54-1222.  VIOLATIONS  AND PENALTIES -- PROSECUTION OF OFFENSES. Any person
 42    who shall practice, or offer to practice, professional engineering or  profes-
 43    sional  land  surveying  in  this  state  without being registered licensed in
 44    accordance with the provisions of this chapter, or any  person  presenting  or
 45    attempting  to  use  as his own the certificate of registration license or the
 46    seal of another, or any person who shall give any false or forged evidence  of
 47    any  kind to the board or to any member thereof in obtaining a license or cer-
 48    tificate, of registration, or any person who  shall  falsely  impersonate  any
 49    other  registrant  licensee of like or different name, or any person who shall
 50    attempt to use an expired or revoked certificate of  registration  license  or
 51    practice  at  any  time during a period the board has suspended or revoked his

                                       45

  1    certificate of registration license, or any person who shall  violate  any  of
  2    the provisions of this chapter, shall be guilty of a misdemeanor.
  3        Legal counsel selected by the board, or the attorney general of this state
  4    or anyone designated by him may act as legal advisor of the board. It shall be
  5    the  duty  of  the attorney general of this state to enforce the provisions of
  6    this chapter relating to unlicensed practice and to prosecute  any  unlicensed
  7    person  violating  the  same.  The attorney general shall be reimbursed by the
  8    board for any fees and expenses incurred by the attorney general in represent-
  9    ing the board or prosecuting unlicensed persons.

 10        SECTION 50.  That Section 54-1223, Idaho Code, be, and the same is  hereby
 11    amended to read as follows:

 12        54-1223.  SAVING  CLAUSE -- EXEMPTIONS. (1) This chapter shall not be con-
 13    strued to affect:
 14        (a)  The practice of any other profession or trade for which a license  is
 15        required under any law of this state or the United States.
 16        (b)  The  work  of an employee or a subordinate of a person holding a cer-
 17        tificate of registration license under this chapter,  provided  such  work
 18        does  not include final engineering design or land surveying decisions and
 19        is done under the direct responsibility, checking, and supervision of, and
 20        verified by, a person holding a certificate of registration license  under
 21        this chapter.
 22        (c)  Any  individual teaching upper division engineering subjects that are
 23        classified as engineering design for any college  or  university  in  this
 24        state  as  of July 1, 1988, and any such individual employed after July 1,
 25        1988, for a period of five (5) years from the date of employment with  any
 26        college or university in this state.
 27        (d)  An individual doing surveying work for himself, or through a business
 28        entity,  on property owned or leased by the individual or business entity,
 29        or in which the individual or business entity has an interest,  estate  or
 30        possessory  right  and which affects exclusively the property or interests
 31        of the individual or business entity; provided, that  all  land  surveying
 32        maps,  plats or plans filed with any county recorder's office in the state
 33        of Idaho for the purpose of illustrating or defining boundaries  of  prop-
 34        erty ownership, shall be made and certified by a registered, licensed pro-
 35        fessional land surveyor as provided in this chapter.
 36        (e)  An  individual  doing  survey work for himself, or through a business
 37        entity with respect to the location, amendment, or relocation of a  mining
 38        claim.
 39        (f)  The practice of engineering by employees of a business entity as long
 40        as  the  services  provided  by  them are for internal business entity use
 41        only.
 42        (2)  The board, at its discretion, may exempt  an  exceptional  individual
 43    who  has  twelve  (12)  or more years of appropriate experience in engineering
 44    from the requirement for satisfactory completion of an examination in the fun-
 45    damentals of engineering.
 46        (3)  An applicant for licensure as a professional engineer either by exam-
 47    ination or by comity who has earned a bachelor degree in engineering  from  an
 48    approved  engineering  program and has, in addition, earned a doctorate degree
 49    in engineering from a college or university which offers  an  approved  under-
 50    graduate  program in the same discipline as the doctorate degree earned, shall
 51    be exempt from the requirement for satisfactory completion of  an  examination
 52    in the fundamentals of engineering. Honorary doctorate degrees are not consid-
 53    ered earned degrees for purposes of this subsection.

                                       46

  1        (4)  In addition to, and notwithstanding other provisions of this chapter,
  2    in  circumstances of emergency creating conditions of imminent and substantial
  3    danger to the public health, safety or environment through  the  provision  of
  4    engineering  services,  the  prosecuting  attorney or the attorney general may
  5    institute a civil action for an immediate injunction to halt the provision  of
  6    engineering services.
  7        (5)  A  professional  engineer  licensed in Idaho may review the work of a
  8    professional engineer who is licensed in another jurisdiction  of  the  United
  9    States  or a foreign country on a project that is a site adaptation of a stan-
 10    dard design plan to determine that the standard design plan meets the standard
 11    of care and is applicable to the intended circumstance, with or without  modi-
 12    fication.  The  Idaho  professional  engineer  shall  demonstrate  responsible
 13    charge,  as  defined  in  this  chapter,  by  performing professional services
 14    related to his assignment including developing or obtaining a complete  design
 15    record  with  design  criteria  and  calculations,  performing  necessary code
 16    research and developing any necessary and appropriate changes to the  standard
 17    design  plan  necessary  to properly apply the standard design to the intended
 18    circumstance. The nonprofessional services, such  as  drafting,  need  not  be
 19    redone  by  the  Idaho  professional engineer, but must clearly and accurately
 20    reflect the Idaho professional engineer's work. The burden  is  on  the  Idaho
 21    professional engineer to show such compliance. The Idaho professional engineer
 22    shall  have  control  of and responsibility for the entire work product, shall
 23    seal, sign and date it as required in this chapter, and shall be in possession
 24    of all original documents or certified copies of documents related to the pro-
 25    fessional engineer's work for the project.

 26        SECTION 51.  That Section 54-1225, Idaho Code, be, and the same is  hereby
 27    amended to read as follows:

 28        54-1225.  APPEALS.  Any person or organization who shall feel aggrieved by
 29    any action of the board in denying, suspending or revoking a license  or  cer-
 30    tificate  of  registration or certificate of authorization, as is appropriate,
 31    may appeal therefrom in accordance with the provisions of  the  administrative
 32    procedures act, chapter 52, title 67, chapter 52, Idaho Code.

 33        SECTION  52.  That Section 54-1227, Idaho Code, be, and the same is hereby
 34    amended to read as follows:

 35        54-1227.  SURVEYS -- AUTHORITY AND DUTIES OF PROFESSIONAL  LAND  SURVEYORS
 36    AND  PROFESSIONAL ENGINEERS. Every registered, licensed professional land sur-
 37    veyor is hereby authorized to make land surveys relating to the sale or subdi-
 38    vision of lands, the retracing or establishing of property or boundary  lines,
 39    public  roads,  streets,  alleys,  or trails; and it shall be the duty of each
 40    registered licensed professional land surveyor, whenever making any such  land
 41    survey,  to  set permanent and reliable magnetically detectable monuments, the
 42    minimum size of which shall be one-half (1/2) inch in least dimension and  two
 43    (2)  feet  long iron or steel rod unless special circumstances preclude use of
 44    such monument; and such monuments must be permanently marked with  the  regis-
 45    tration license number of the professional land surveyor responsible for plac-
 46    ing  the  monument.  Professional  engineers  qualified  and  duly  registered
 47    licensed pursuant to title 54, Idaho Code, this chapter may also perform those
 48    nonboundary surveys necessary and incidental to the work customarily performed
 49    by them.

 50        SECTION  53.  That Section 54-1228, Idaho Code, be, and the same is hereby

                                       47

  1    amended to read as follows:

  2        54-1228.  ADMINISTERING AND CERTIFICATION OF OATHS -- AUTHORITY OF PROFES-
  3    SIONAL LAND SURVEYORS. Every registered, professional land surveyor is author-
  4    ized to administer and certify oaths, when it becomes necessary to take testi-
  5    mony to identify or establish old or lost corners, or to perpetuate  a  corner
  6    that is in a perishable condition, or whenever the importance of the land sur-
  7    vey makes it desirable, and to administer oaths to assistants for the faithful
  8    performance of duty. A record of such oaths shall be kept as part of the field
  9    notes of the land survey.

 10        SECTION  54.  That Section 54-1230, Idaho Code, be, and the same is hereby
 11    amended to read as follows:

 12        54-1230.  PUBLIC OR PRIVATE SURVEYING -- RIGHT OF ENTRY.  (1)  Any  person
 13    employed  in  the  execution  of  any survey authorized by the congress of the
 14    United States may enter upon lands  within  this  state  for  the  purpose  of
 15    exploring, triangulating, leveling, surveying, and of doing any work which may
 16    be  necessary  to carry out the objects of then existing laws relative to sur-
 17    veys, and may establish permanent station marks, and erect the necessary  sig-
 18    nals and temporary observatories, doing no unnecessary injury thereby.
 19        (2)  A  professional  land surveyor licensed pursuant to the provisions of
 20    this chapter, and his subordinates, who, in the course of work  which  may  be
 21    necessary  to carry out the objects of existing laws relative to surveys, find
 22    it necessary to go upon or across the lands of a party or parties  other  than
 23    the  one  for  whom the survey is being made, and upon or across such land lie
 24    land survey corners or monuments, the access to which is necessary to complete
 25    a survey, shall not be guilty of trespass but shall be liable for  any  damage
 26    done to such land or property, provided the following actions are taken:
 27        (a)  If oral permission cannot be obtained from the owner of the property,
 28        then  the  person  making  the survey shall give written notice via United
 29        States post office certified mailing, return  receipt  requested,  of  the
 30        survey  to  the owner of the land at least ten (10) days before going upon
 31        or across the land; and
 32        (b)  Upon receipt of delivery confirmation, or after ten (10) days follow-
 33        ing the date of mailing of the written notice, whichever  is  sooner,  the
 34        surveyor and his subordinates may enter upon the land.

 35        SECTION  55.  That Section 54-1231, Idaho Code, be, and the same is hereby
 36    amended to read as follows:

 37        54-1231.  PUBLIC OR PRIVATE SURVEYING -- ASSESSMENT OF DAMAGES FOR  ENTRY.
 38    If  the parties interested cannot agree upon the amount to be paid for damages
 39    caused thereby, either of them may petition the district court in  the  county
 40    in  which the land is situated, which court shall appoint a time for a hearing
 41    as soon as may be, and order at least twenty (20) days' notice to be given  to
 42    all  parties  interested,  and, with or without a view of the premises, as the
 43    court may determine, hear the parties and their witnesses and assess damages.

 44        SECTION 56.  That Section 54-1232, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:

 46        54-1232.  PUBLIC  OR PRIVATE SURVEYING -- TENDER OF DAMAGES FOR ENTRY. The
 47    person so entering upon land may tender to the injured party damages therefor,
 48    and if, in case of petition or complaint to the  court,  the  damages  finally

                                       48

  1    assessed  do not exceed the amount tendered, the person entering shall recover
  2    costs; otherwise the prevailing party shall recover costs.

  3        SECTION 57.  That Section 54-1233, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:

  5        54-1233.  PUBLIC  OR  PRIVATE SURVEYING -- COSTS OF ASSESSMENT OF DAMAGES.
  6    The costs to be allowed in all such cases shall be the same as allowed accord-
  7    ing to the rules of the court, and provisions of law relating thereto.

  8        SECTION 58.  That Section 54-1234, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:

 10        54-1234.  MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any per-
 11    son  shall  wilfully  willfully deface, injure or remove any signal, monument,
 12    building or other object set as a permanent boundary survey marker by a regis-
 13    tered, professional land surveyor, he shall forfeit a sum not  exceeding  five
 14    hundred  dollars ($500) for each offense, and shall be liable for damages sus-
 15    tained by the affected parties in consequence  of  such  defacing,  injury  or
 16    removal, to be recovered in a civil action in any court of competent jurisdic-
 17    tion.

 18        SECTION  59.  That Section 54-1235, Idaho Code, be, and the same is hereby
 19    amended to read as follows:

 20        54-1235.  PRACTICE BY A BUSINESS ENTITY. (1) The practice of or  offer  to
 21    practice  professional  engineering or professional land surveying, as defined
 22    in this chapter, by professional engineers  or  professional  land  surveyors,
 23    through  a business entity, or by a business entity through professional engi-
 24    neers or professional land surveyors, as employees, or officers, is  permitted
 25    subject to the provisions of this chapter, provided that all personnel of such
 26    business  entity,  who  act in its behalf as professional engineers or profes-
 27    sional land surveyors in this state are registered  licensed  as  provided  by
 28    this  chapter, or are persons lawfully practicing under the exemptions enumer-
 29    ated in this chapter, and further provided that said business  entity,  except
 30    utilities  regulated by the Idaho public utilities commission, has been issued
 31    a certificate of authorization by the board as provided by  this  chapter.  No
 32    business entity shall be relieved of responsibility for the conduct or acts of
 33    its  employees  or officers by reason of its compliance with the provisions of
 34    this chapter, nor shall any individual practicing professional engineering  or
 35    professional land surveying as defined in this chapter, be relieved of respon-
 36    sibility for engineering or land surveying services performed by reason of his
 37    employment  or  relationship  with  such  business entity. All final drawings,
 38    specifications, plats, reports, or other engineering or land surveying  papers
 39    or  documents  involving  the  practice of professional engineering or profes-
 40    sional land surveying as defined in this chapter, which shall have  been  pre-
 41    pared  or  approved for the use of or for delivery to any person or for public
 42    record within this state shall be dated and bear the signature and seal of the
 43    professional engineer or professional land surveyor who prepared  or  approved
 44    them.
 45        (2)  A  business  entity organized pursuant to this section may provide or
 46    offer to provide allied professional services as defined in  section  30-1303,
 47    Idaho  Code, in connection with the providing of engineering or land surveying
 48    services, by persons licensed in allied professions  acting  as  employees  or
 49    officers, provided such persons are duly licensed or otherwise legally author-

                                       49

  1    ized to render such allied professional services within this state.
  2        (3)  A  business  entity desiring a certificate of authorization for engi-
  3    neering, for land surveying, or for both, shall file with the board a descrip-
  4    tion of the engineering or land surveying service to be offered  or  practiced
  5    in the state, an application upon a form to be prescribed by the board and the
  6    designation  required  by the following paragraph, accompanied by the applica-
  7    tion fee.
  8        (4)  Such business entity shall file with the board a  designation  of  an
  9    individual  or  individuals duly registered and certified licensed to practice
 10    professional engineering or professional land  surveying  in  this  state  who
 11    shall  be in responsible charge of the practice of professional engineering or
 12    land surveying, as applicable, by said business entity in this state.  In  the
 13    event  there shall be a change in the individual or individuals in responsible
 14    charge, such changes shall be designated in writing and filed with  the  board
 15    within thirty (30) days after the effective date of such change.
 16        If all requirements of this chapter are met, the board shall issue to such
 17    business  entity  a certificate of authorization for professional engineering,
 18    for land surveying, or for both; provided, however, the board  may  refuse  to
 19    issue  a  certificate if any facts exist which would entitle the board to sus-
 20    pend or revoke an existing certificate.
 21        A professional engineer or professional land surveyor  who  renders  occa-
 22    sional,  part-time  or consulting engineering or land surveying services to or
 23    for a business entity may not be  designated  as  the  person  in  responsible
 24    charge for the professional activities of the business entity.
 25        (5)  The  secretary  of  state shall not accept for filing from any person
 26    any assumed business name which includes within its  name  any  of  the  words
 27    "engineer," "engineering," "land surveyor," "land surveying," or any modifica-
 28    tion  or derivation thereof, unless the board shall have issued a letter indi-
 29    cating that the person has a licensed professional in  responsible  charge  of
 30    the professional activities of the sole proprietorship or business entity. The
 31    board may notify the secretary of state, in writing, that it waives any objec-
 32    tion  to  the  name if the person is clearly not governed by chapter 12, title
 33    54, Idaho Code. The secretary of state shall not accept for filing the organi-
 34    zational documents of an Idaho business entity, or authorize  the  transaction
 35    of  business  by any foreign business entity which includes, among objects for
 36    which it is established or within its  name,  any  of  the  words  "engineer,"
 37    "engineering," "land surveyor," "land surveying," or any modification or deri-
 38    vation  thereof,  unless the board shall have issued for said applicant a cer-
 39    tificate of authorization or a  letter  indicating  the  eligibility  of  said
 40    applicant  to  receive such certificate. The board may notify the secretary of
 41    state, in writing, that it waives any objection to the name or purpose of  any
 42    business  entity  if it is clearly not governed by chapter 12, title 54, Idaho
 43    Code. The business entity applying shall include such  certificate  or  letter
 44    from the board with any filings submitted to the secretary of state.

 45        SECTION  60.  That Section 54-1236, Idaho Code, be, and the same is hereby
 46    amended to read as follows:

 47        54-1236.  EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION  ON  REQUIRE-
 48    MENT  FOR  ADDITIONAL  LICENSES  OR  FEES.  (1) Only the board of registration
 49    licensure of professional engineers and professional  land  surveyors  of  the
 50    state  of  Idaho  is  authorized and empowered to issue licenses to persons to
 51    practice the profession of engineering or land surveying.
 52        (2)  No local jurisdiction shall have the authority to require  additional
 53    licensure  or  to  require  payment  of any fees in order for any professional

                                       50

  1    engineer or professional land surveyor to engage in the practice of  the  pro-
  2    fession for which the board has issued a license.

  3        SECTION  61.  That Section 55-1603, Idaho Code, be, and the same is hereby
  4    amended to read as follows:

  5        55-1603.  DEFINITIONS. Except where  the  context  indicates  a  different
  6    meaning, terms used in this chapter shall be defined as follows:
  7        (1)  An  "aAccessory  to  a  corner" is means any exclusively identifiable
  8    physical object whose spatial relationship to the corner is recorded. Accesso-
  9    ries may be bearing trees, bearing objects,  monuments,  reference  monuments,
 10    line  trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or
 11    other objects.
 12        (2)  "Adequate evidence of the existence of a land survey monument"  means
 13    the  visual  presence  of  the monument or existence of a federal general land
 14    office or bureau of land management plat on which the monument appears,  or  a
 15    recorded corner perpetuation and filing form as provided in this chapter, or a
 16    record of survey filed in accordance with chapter 19, title 55, Idaho Code, on
 17    which  the  monument  appears,  or a subdivision plat filed in accordance with
 18    chapter 13, title 50, Idaho Code, on which the monument appears.
 19        (3)  The "bBoard" is means the board of registration licensure of  profes-
 20    sional engineers and professional land surveyors.
 21        (43)  A "cCorner," unless otherwise defined, means a property corner, or a
 22    property  controlling  corner, or a public land survey corner, or any combina-
 23    tion of these.
 24        (54)  "Establish" means to determine the position of a corner either phys-
 25    ically or mathematically.
 26        (65)  A "mMonument" is means a physical structure that occupies the  exact
 27    position of a corner.
 28        (76)  A  "pProfessional  land surveyor" means any person who is authorized
 29    by the laws of this state to practice land surveying.
 30        (87)  A "pProperty controlling corner" for a property is  means  a  public
 31    land  survey  corner, or any property corner, which does not lie on a property
 32    line of the property in question, but which controls the location of  one  (1)
 33    or more of the property corners of the property in question.
 34        (98)  A  "pProperty  corner" is means a geographic point on the surface of
 35    the earth, and is on, a part of, and controls a property line.
 36        (109)  A "pPublic land survey corner" is means any point  actually  estab-
 37    lished  and  monumented  in an original survey or resurvey that determines the
 38    boundaries of remaining public lands, or public lands patented, represented on
 39    an official plat and in the field notes thereof, accepted and  approved  under
 40    authority  delegated  by congress to the U.S. general land office and the U.S.
 41    department of interior, bureau of land management.
 42        (110) A "rReference monument" is means a special monument  that  does  not
 43    occupy  the same geographical position as the corner itself, but whose spatial
 44    relationship to the corner is recorded, and which serves to witness  the  cor-
 45    ner.

 46        SECTION  62.  That Section 55-1608, Idaho Code, be, and the same is hereby
 47    amended to read as follows:

 48        55-1608.  PROFESSIONAL LAND SURVEYOR TO RECONSTRUCT  MONUMENTS.  In  every
 49    case  where  a  corner  record  of  a survey corner is required to be filed or
 50    recorded under the provisions of this chapter, the professional land  surveyor
 51    must  reconstruct or rehabilitate the monument of such corner, and accessories

                                       51

  1    to such corner, so that it will be as permanent a monument  as  is  reasonably
  2    possible to provide and so that it may be located with facility at any time in
  3    the future.
  4        Any  monument  set shall be permanently marked or tagged with the certifi-
  5    cate number of the professional land surveyor in responsible charge conform to
  6    the provisions of section 54-1227, Idaho Code. If the monument  is  set  by  a
  7    public officer, it shall be marked by an appropriate official designation.

  8        SECTION  63.  That Section 55-1612, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        55-1612.  PENALTY. Professional land surveyors failing to comply with  the
 11    provisions  hereof  and  professional engineers who prepare plans which do not
 12    indicate the presence of corners for which adequate evidence exists  shall  be
 13    deemed  to  be within the purview of section 54-1220, Idaho Code, and shall be
 14    subject to disciplinary action as in said section provided. Any  person  shall
 15    be subject to the penalties prescribed in section 54-1234, Idaho Code, if they
 16    prepare  plans  for  the construction of any facility and construction of that
 17    facility results in the defacing, injury or removal  of  a  monument,  if  the
 18    plans  they  prepare  do not indicate  the presence of a corner or corners for
 19    which adequate evidence exists.

 20        SECTION 64.  That Section 55-1613, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:

 22        55-1613.  MONUMENTS  DISTURBED  BY CONSTRUCTION ACTIVITIES -- PROCEDURE --
 23    REQUIREMENTS. When adequate evidence professional engineers prepare  construc-
 24    tion  documents  for projects which may disturb land survey monuments, a field
 25    search shall be conducted by, or under the direction of, a  professional  land
 26    surveyor to determine whether monuments, reference monuments or accessories to
 27    corners  physically  exists as to at the location of, or referencing the loca-
 28    tion of, a public land survey corners, subdivision, tract,  property  control-
 29    ling  corners  or property, or other land corners,. Ssuch monuments, reference
 30    monuments or accessories to corners shall be  located  and  referenced  by  or
 31    under  the  direction  of  a professional land surveyor prior to the time when
 32    construction or other activities may disturb them. Such  monuments,  reference
 33    monuments  or  accessories  to corners shall be reestablished and remonumented
 34    by, or under the direction of, a professional land surveyor at the expense  of
 35    the  agency or person causing the such loss or disturbance. of monuments. Pro-
 36    fessional engineers who prepare plans  construction  documents  which  do  not
 37    indicate the presence existence of corners, for which adequate evidence exists
 38    monuments,  reference  monuments and accessories to corners shall be deemed to
 39    be within the purview of section 54-1220, Idaho Code, and shall be subject  to
 40    disciplinary  action  as provided in said section. Any person shall be subject
 41    to the penalties prescribed in section 54-1234, Idaho Code,  if  they  prepare
 42    plans construction documents for the construction of any facility which do not
 43    indicate  the  existence  of monuments, reference monuments and accessories to
 44    corners and construction of that facility results in the defacing,  injury  or
 45    removal of a monuments, if the plans they prepare do not indicate the presence
 46    of  a corner or corners for which adequate evidence exists reference monuments
 47    or accessories to corners.

                                       52

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 380, As Amended

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND  SURVEYORS;  AMENDING
  3        SECTION  50-1303, IDAHO CODE, TO PROVIDE FOR REVISED MONUMENT REQUIREMENTS
  4        FOR CENTERLINE INTERSECTIONS, POINTS WHERE THE CENTERLINE  CHANGES  DIREC-
  5        TION,  POINTS,  WITNESS CORNERS, REFERENCE MONUMENTS AND BLOCK CORNERS, TO
  6        REVISE TERMINOLOGY AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
  7        54-1201,  IDAHO  CODE,  TO  PROVIDE THAT, UNLESS EXEMPTED BY IDAHO CODE, A
  8        LAND SURVEYOR MUST BECOME DULY LICENSED AS A PROFESSIONAL LAND SURVEYOR BY
  9        THE BOARD OF LICENSURE OF PROFESSIONAL  ENGINEERS  AND  PROFESSIONAL  LAND
 10        SURVEYORS  TO  BE  ALLOWED  TO PRACTICE PROFESSIONAL LAND SURVEYING AND TO
 11        REVISE TERMINOLOGY; AMENDING SECTION 54-1202, IDAHO CODE, TO REVISE  DEFI-
 12        NITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1203, IDAHO
 13        CODE,  TO  REVISE  TERMINOLOGY;  AMENDING  SECTION 54-1204, IDAHO CODE, TO
 14        REVISE TERMINOLOGY; AMENDING SECTION 54-1208, IDAHO CODE,  TO  REMOVE  THE
 15        POWER  OF  THE  BOARD  TO ADOPT AND AMEND BYLAWS, TO PROVIDE THE BOARD THE
 16        POWER TO ADOPT AND AMEND ADMINISTRATIVE RULES, TO CLARIFY CONTINUING  EDU-
 17        CATION  REQUIREMENTS, TO PROVIDE THE CLASSIFICATION OF CERTAIN INDIVIDUALS
 18        AS EMPLOYEES UNDER CERTAIN CONDITIONS  FOR  PURPOSES  OF  THE  IDAHO  TORT
 19        CLAIMS  ACT,  TO  REVISE  TERMINOLOGY AND TO CLARIFY TERMINOLOGY; AMENDING
 20        SECTION 54-1210, IDAHO CODE, TO REMOVE  A  REQUIREMENT  THAT  A  CERTIFIED
 21        TRANSCRIPT  OF  THE  BOARD'S RECORDS BE ADMISSIBLE IN EVIDENCE, TO PROVIDE
 22        THAT THE CERTIFIED MINUTES OF THE BOARD'S RECORDS BE  ADMISSIBLE  IN  EVI-
 23        DENCE,  TO  REMOVE  A  REQUIREMENT THAT THE BOARD SUBMIT TO THE GOVERNOR A
 24        COMPLETE YEARLY STATEMENT OF ITS RECEIPTS AND  EXPENDITURES,  ATTESTED  BY
 25        AFFIDAVITS OF ITS CHAIRMAN AND SECRETARY, TO PROVIDE FOR THE BOARD TO SUB-
 26        MIT  TO THE GOVERNOR A SUMMARY YEARLY STATEMENT OF ITS RECEIPTS AND EXPEN-
 27        DITURES AND TO REVISE TERMINOLOGY; AMENDING SECTION 54-1211,  IDAHO  CODE,
 28        TO  REVISE  TERMINOLOGY; AMENDING SECTION 54-1212, IDAHO CODE, TO REMOVE A
 29        PROVISION PROVIDING THAT ANY PERSON HAVING THE NECESSARY QUALIFICATIONS BE
 30        ENTITLED TO BE ELIGIBLE FOR REGISTRATION, TO PROVIDE THAT ANY PERSON  HAV-
 31        ING  THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE TO ASSIGNMENT
 32        TO AN EXAMINATION FOR LICENSURE OR CERTIFICATION, TO  REVISE  TERMINOLOGY,
 33        TO  CLARIFY  TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 34        TION 54-1212, IDAHO CODE, AS AMENDED BY SECTION 1, CHAPTER  125,  LAWS  OF
 35        2002,  AS  AMENDED  BY  SECTION 2, CHAPTER 15, LAWS OF 2003, AS AMENDED BY
 36        SECTION 2, CHAPTER 84, LAWS OF 2004, TO REMOVE A PROVISION PROVIDING  THAT
 37        ANY  PERSON HAVING THE NECESSARY QUALIFICATIONS BE ENTITLED TO BE ELIGIBLE
 38        FOR REGISTRATION, TO PROVIDE THAT ANY PERSON HAVING THE NECESSARY QUALIFI-
 39        CATIONS BE ENTITLED TO BE ELIGIBLE TO ASSIGNMENT  TO  AN  EXAMINATION  FOR
 40        LICENSURE OR CERTIFICATION, TO REVISE TERMINOLOGY AND TO CLARIFY TERMINOL-
 41        OGY;  AMENDING  SECTION  54-1213, IDAHO CODE, TO STRIKE LANGUAGE PROVIDING
 42        THAT APPLICATIONS FOR LICENSURE MUST SHOW THE APPLICANT'S TECHNICAL  EXPE-
 43        RIENCE, TO REMOVE A PROVISION REQUIRING SEPARATE APPLICATION FEES, TO PRO-
 44        VIDE THAT IF A CERTIFICATE OR LICENSE IS DENIED, THE BOARD WILL RETAIN THE
 45        FEE  PAID  AS A PROCESSING FEE AND TO REVISE TERMINOLOGY; AMENDING SECTION
 46        54-1214, IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS THAT WARRANT  ASSIGN-
 47        MENT TO A SUBSEQUENT EXAMINATION IN THE EVENT AN EXAMINEE FAILS THE EXAMI-
 48        NATION FOR THE FIRST, SECOND, THIRD OR SUBSEQUENT TIME, TO REMOVE A PROVI-
 49        SION  ALLOWING  THE  BOARD TO PUBLISH A BROCHURE OF SPECIFICATIONS FOR THE

                                       53

  1        WRITTEN EXAMINATION, TO REVISE TERMINOLOGY  AND  TO  CLARIFY  TERMINOLOGY;
  2        AMENDING  SECTION 54-1215, IDAHO CODE, TO REMOVE A PROVISION FOR THE ISSU-
  3        ANCE OF A  CARD  INDICATING  THAT  AN  ENGINEER-IN-TRAINING'S  OR  A  LAND
  4        SURVEYOR-IN-TRAINING'S  NAME  HAS  BEEN  RECORDED  AS  SUCH IN THE BOARD'S
  5        OFFICE, TO REVISE TERMINOLOGY, TO CLARIFY TERMINOLOGY AND TO MAKE  TECHNI-
  6        CAL  CORRECTIONS; AMENDING SECTION 54-1216, IDAHO CODE, TO REMOVE A PROVI-
  7        SION FOR A MAXIMUM FEE FOR DELAYED RENEWAL FOR EACH BIENNIUM  DELINQUENCY,
  8        TO PROVIDE A MAXIMUM FEE FOR DELAYED RENEWAL FOR EACH RENEWAL CYCLE DELIN-
  9        QUENCY, TO REMOVE A PROVISION FOR THE REMOVAL OF AN ENGINEER-IN-TRAINING'S
 10        OR  A  LAND  SURVEYOR-IN-TRAINING'S NAME FROM THE BOARD'S CURRENT LIST FOR
 11        FAILURE TO TIMELY MEET CERTIFICATE OF ENROLLMENT REQUIREMENTS, TO  PROVIDE
 12        FOR  THE  REMOVAL  OF  AN ENGINEER INTERN'S OR LAND SURVEYOR INTERN'S NAME
 13        FROM THE BOARD'S MAILING LIST FOR  FAILURE  TO  MEET  CERTIFICATE  RENEWAL
 14        REQUIREMENTS  AND  TO  REVISE TERMINOLOGY; AMENDING SECTION 54-1218, IDAHO
 15        CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 54-1219, IDAHO CODE, TO PRO-
 16        VIDE FOR THE WAIVING OF CERTAIN LICENSURE REQUIREMENTS FOR APPLICANTS  WHO
 17        ARE  LICENSED  IN OTHER JURISDICTIONS AND WHO MEET CERTAIN CRITERIA AND TO
 18        REVISE TERMINOLOGY; AMENDING SECTION 54-1220, IDAHO CODE, TO  REMOVE  CER-
 19        TAIN  PROCEDURAL  AND  NOTICE  REQUIREMENTS FOR A DISCIPLINARY HEARING, TO
 20        REVISE AN ADMINISTRATIVE PENALTY, TO REVISE  TERMINOLOGY  AND  TO  CLARIFY
 21        TERMINOLOGY;  AMENDING  SECTION 54-1221, IDAHO CODE, TO REMOVE A PROVISION
 22        FOR THE REPLACEMENT OF A CERTIFICATE SUBJECT TO THE  RULES  OF  THE  BOARD
 23        UPON  PAYMENT  OF THE ESTIMATED COST OF INVESTIGATION AND TO REVISE TERMI-
 24        NOLOGY; AMENDING SECTION 54-1222, IDAHO CODE, TO PROVIDE FOR THE  ENFORCE-
 25        MENT  BY THE ATTORNEY GENERAL OF CHAPTER PROVISIONS RELATING TO UNLICENSED
 26        PRACTICE AND FOR THE PROSECUTION OF ANY UNLICENSED PERSON WITH  REIMBURSE-
 27        MENT  BY  THE BOARD TO THE ATTORNEY GENERAL FOR FEES AND EXPENSES INCURRED
 28        IN THAT PROSECUTION AND TO REVISE TERMINOLOGY; AMENDING  SECTION  54-1223,
 29        IDAHO  CODE,  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1225, IDAHO CODE,
 30        TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION
 31        54-1227,  IDAHO  CODE, TO REVISE THE MINIMUM SIZE OF MONUMENTS, TO PROVIDE
 32        THAT SPECIFIED MONUMENTS MUST, IN THE ALTERNATIVE, BEAR A  METAL  CAP,  TO
 33        PERMIT LICENSED PROFESSIONAL ENGINEERS TO PERFORM CERTAIN NONBOUNDARY SUR-
 34        VEYS  AND  TO REVISE TERMINOLOGY; AMENDING SECTION 54-1228, IDAHO CODE, TO
 35        REMOVE A PROVISION AUTHORIZING A PROFESSIONAL LAND SURVEYOR TO  ADMINISTER
 36        OATHS  TO  ASSISTANTS  FOR THE FAITHFUL PERFORMANCE OF DUTY AND TO CLARIFY
 37        TERMINOLOGY; AMENDING SECTION 54-1230, IDAHO  CODE,  TO  PROVIDE  FOR  THE
 38        RIGHT  OF  ENTRY FOR PRIVATE SURVEYING, TO PERMIT A PROPERLY LICENSED PRO-
 39        FESSIONAL LAND SURVEYOR AND HIS SUBORDINATES TO GO UPON OR ACROSS THE LAND
 40        OF OTHER PARTIES, WHEN NECESSARY TO CARRY OUT THE OBJECT OF EXISTING  LAWS
 41        RELATIVE TO SURVEYS, WITHOUT BEING GUILTY OF TRESPASS, TO PROVIDE FOR LIA-
 42        BILITY FOR DAMAGE DONE UPON SUCH ENTRY AND TO PROVIDE PROCEDURES FOR WRIT-
 43        TEN NOTICE OF SUCH ENTRY; AMENDING SECTION 54-1231, IDAHO CODE, TO PROVIDE
 44        FOR  THE  ASSESSMENT  OF  DAMAGES  FOR PRIVATE SURVEYING; AMENDING SECTION
 45        54-1232, IDAHO CODE, TO PROVIDE FOR THE TENDER OF DAMAGES FOR PRIVATE SUR-
 46        VEYING; AMENDING SECTION 54-1233, IDAHO CODE, TO PROVIDE FOR THE  COST  OF
 47        ASSESSMENT  OF  DAMAGES  FOR  PRIVATE SURVEYING; AMENDING SECTION 54-1234,
 48        IDAHO CODE, TO CORRECT A MISSPELLED WORD, TO REMOVE A PROVISION  DESIGNAT-
 49        ING  A  BUILDING AS A PERMANENT BOUNDARY MARKER AND TO REVISE TERMINOLOGY;
 50        AMENDING SECTION 54-1235, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC-
 51        TION 54-1236, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 55-1603,
 52        IDAHO CODE, TO REMOVE A DEFINITION, TO  REVISE  TERMINOLOGY  AND  TO  MAKE
 53        TECHNICAL  CORRECTIONS;  AMENDING SECTION 55-1608, IDAHO CODE, TO REMOVE A
 54        PROVISION REQUIRING A PROFESSIONAL LAND SURVEYOR TO RECONSTRUCT  OR  REHA-
 55        BILITATE  A  CORNER RECORD MONUMENT AND ACCESSORIES TO SUCH CORNER TO MEET

                                       54

  1        CERTAIN CRITERIA AND TO PROVIDE FOR A  CODE  REFERENCE;  AMENDING  SECTION
  2        55-1612,  IDAHO  CODE,  TO REMOVE PENALTIES FOR PROFESSIONAL ENGINEERS WHO
  3        PREPARE CERTAIN PLANS AND TO REMOVE CERTAIN PENALTIES FOR ANY  PERSON  WHO
  4        PREPARES  CERTAIN  PLANS  WITH SPECIFIED RESULTS OR FAILINGS; AND AMENDING
  5        SECTION 55-1613, IDAHO CODE, TO REVISE PROCEDURE AND REQUIREMENTS FOR MON-
  6        UMENTS WHICH MAY BE OR ARE DISTURBED BY CONSTRUCTION ACTIVITIES, TO REMOVE
  7        REFERENCE TO SUBDIVISION AND TRACT CORNERS AND TO CLARIFY TERMINOLOGY.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 65.  That Section 50-1303, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        50-1303.  SURVEY  --  STAKES  AND  MONUMENTS  --  ACCURACY. The centerline
 12    intersections and  points  where  the  centerline  changes  direction  on  all
 13    streets,  avenues,  and  public  highways, and all points, witness corners and
 14    reference monuments on the exterior boundary where the boundary  line  changes
 15    direction  shall  be marked with monuments either of concrete, galvanized iron
 16    pipe, aluminum pipe, iron or steel rods or other suitable monument approved by
 17    the county surveyor; if concrete be used they shall not be less than  six  (6)
 18    inches  by  six (6) inches by twenty-four (24) inches or in the case of public
 19    highways  the  size  of  a  state  standard  right-of-way  monument,  and   be
 20    magnetically  detectable;  if  galvanized  iron pipe be used they shall not be
 21    less than one (1) inch in diameter and thirty (30) inches  long;  if  aluminum
 22    pipe  be  used they shall not be less than one (1) inch in diameter and thirty
 23    (30) inches long, and be magnetically detectable; and if iron or steel rods be
 24    used they shall not be less than five-eighths (5/8) of an inch in least dimen-
 25    sion and thirty (30) inches long. Points  shall  be  plainly  and  permanently
 26    marked upon monuments so that measurements may be taken to them to within one-
 27    tenth  (1/10)  of a foot. and aAll lot and block corners, witness corners, and
 28    reference monuments for lot and block corners shall be marked  with  monuments
 29    of either galvanized iron pipe, not less than one-half (1/2) inch in diameter,
 30    or  iron  or  steel rods, not less than one-half (1/2) inch in least dimension
 31    and two (2) feet long or other suitable monument approved by the  county  sur-
 32    veyor.  All monuments set shall be magnetically detectable and shall be perma-
 33    nently marked with the registration number of the professional  land  surveyor
 34    in  responsible  charge conforming to the provisions of section 54-1227, Idaho
 35    Code. Monuments shall be plainly and permanently marked so  that  measurements
 36    may  be  taken to the marks within one-tenth (1/10) of a foot. All lot corners
 37    of a burial lot within a platted cemetery need not be marked with a  monument,
 38    but  the  block corners shall be placed within the cemetery in accordance with
 39    sound surveying principles and practice, and at locations that will monumented
 40    in order to permit the accurate identification of each burial lot  within  the
 41    cemetery.  The  monuments  shall  be of either galvanized iron pipe or iron or
 42    steel rods or bars not less than one-half (1/2) inch in  least  dimension  and
 43    two (2) feet long with marked cap; or caps not less than one (1) inch in diam-
 44    eter  conform  to the provisions of section 54-1227, Idaho Code. The locations
 45    and descriptions of all monuments within a platted cemetery shall be carefully
 46    recorded upon the plat, and the proper courses and distances of  all  boundary
 47    lines  shall  be shown, but may be shown by appropriate legend. The survey for
 48    any plat shall be conducted in such a manner as to produce an unadjusted math-
 49    ematical error of closure of not less than  one  (1)  part  in  five  thousand
 50    (5,000).

 51        SECTION  66.  That Section 54-1201, Idaho Code, be, and the same is hereby

                                       55

  1    amended to read as follows:

  2        54-1201.  DECLARATION OF POLICY. To safeguard life, health  and  property,
  3    every  person  practicing  or offering to practice professional engineering or
  4    professional land surveying, as herein defined,  for  any  project  physically
  5    located in this state, shall submit evidence of his qualifications and be reg-
  6    istered  licensed  as  hereinafter  provided; and it shall be unlawful for any
  7    person to practice or offer to practice professional  engineering  or  profes-
  8    sional  land surveying for any project physically located in this state, or to
  9    use in connection with his name or otherwise  assume,  use  or  advertise  any
 10    title  or description tending to convey the impression that he is a registered
 11    or licensed professional engineer or professional land surveyor,  unless  such
 12    person  has  been duly registered licensed or is exempted under the provisions
 13    of this chapter. Except as exempted by section 54-1223, Idaho Code,  an  engi-
 14    neer  shall be allowed to practice professional engineering as defined in this
 15    chapter only when he has become duly registered or licensed as a  professional
 16    engineer  by  the  board  under  this  chapter.  Except as exempted by section
 17    54-1223, Idaho Code, a land surveyor shall be allowed to practice professional
 18    land surveying as defined in  this  chapter  only  when  he  has  become  duly
 19    licensed  as a professional land surveyor by the board under this chapter. The
 20    practice of professional engineering or professional land surveying  shall  be
 21    deemed  a  privilege  granted  by the Idaho board of registration licensure of
 22    professional engineers and professional  land  surveyors  through  the  board,
 23    based  on  qualifications of the individuals as evidenced by the person's cer-
 24    tificate of registration license, which shall not be transferable.

 25        SECTION 67.  That Section 54-1202, Idaho Code, be, and the same is  hereby
 26    amended to read as follows:

 27        54-1202.  DEFINITIONS. As used in this chapter, unless the context or sub-
 28    ject matter requires otherwise:
 29        (1)  Engineer.  The  term  "engineer"  means  a person who is qualified to
 30    practice engineering by reason of his special knowledge and use of  mathemati-
 31    cal,  physical  and  engineering  sciences,  and the principles and methods of
 32    engineering analysis and design, acquired by professional education and  engi-
 33    neering experience.
 34        (2)  Professional  Engineer. The term "professional engineer" means a per-
 35    son who has been duly registered or licensed as a professional engineer by the
 36    board under this chapter.
 37        (3)  Professional Engineering and Practice  of  Professional  Engineering.
 38    The  terms  "professional engineering" and "practice of professional engineer-
 39    ing" mean any service or creative work offered to or performed for the  public
 40    for any project physically located in this state, such as consultation, inves-
 41    tigation, evaluation, planning, designing, teaching upper division engineering
 42    design subjects, and responsible charge of observation of construction in con-
 43    nection with any public or private utilities, structures, buildings, machines,
 44    equipment,  processes,  works,  or projects, wherein the public welfare or the
 45    safeguarding of life, health, or property is concerned or involved, when  such
 46    service  requires the application of engineering principles and data. A person
 47    shall be construed to practice or offer to practice  professional  engineering
 48    within the meaning and intent of this chapter who practices or offers to prac-
 49    tice  any  of the branches of the profession of engineering for the public for
 50    any project physically located in this state or who, by  verbal  claim,  sign,
 51    advertisement,  letterhead, card, or in any other way represents himself to be
 52    a professional engineer or through the use of some other title implies that he

                                       56

  1    is a professional engineer or that he is registered  under  this  chapter,  or
  2    holds  himself  out  as able to perform or who does perform for the public for
  3    any project physically located in this state, any engineering service or  work
  4    or  any  other service designated by the practitioner which is the practice of
  5    professional engineering.
  6        (4)  Consulting Engineer. The term "consulting engineer" means  a  profes-
  7    sional engineer whose principal occupation is the independent practice of pro-
  8    fessional  engineering;  whose  livelihood is obtained by offering engineering
  9    services to the public; who is devoid of public, commercial and product affil-
 10    iation that might tend to infer a conflict of interest; and who  is  cognizant
 11    of his public and legal responsibilities, and is capable of discharging them.
 12        (5)  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        (6)  Professional Land Surveying and Practice of Professional Land Survey-
 18    ing. The terms "land surveying" and "professional land surveying" mean respon-
 19    sible  charge  of surveying of land to determine the correct boundary descrip-
 20    tion, to convey, to establish or reestablish land boundaries, or to plat lands
 21    and subdivisions thereof. Any person shall be construed to practice  or  offer
 22    to  practice professional land surveying who engages in professional land sur-
 23    veying, or who, by verbal claim, sign, advertisement, letterhead, card, or  in
 24    any  other  way  represents himself to be a professional land surveyor, or who
 25    represents himself as able to perform or who  does  perform  any  professional
 26    land  surveying service or work or any other service designated by the practi-
 27    tioner which is professional land surveying.
 28        (7)  Board. The term "board" means the Idaho board of registration of pro-
 29    fessional engineers and professional land surveyors, hereinafter  provided  by
 30    this chapter.
 31        (8)  Responsible  Charge.  The term "responsible charge" means the control
 32    and direction of engineering work, or the control and direction of  land  sur-
 33    veying  work,  requiring  initiative, professional skill, independent judgment
 34    and professional knowledge of the content of relevant documents  during  their
 35    preparation.  Except  as allowed under section 54-1223, Idaho Code, reviewing,
 36    or reviewing and correcting, documents after they have been prepared by others
 37    does not constitute the exercise of responsible charge.
 38        (9)  Engineer-in-Training. The term "engineer-in-training" means a  person
 39    who  has qualified for, taken and passed an examination in the fundamentals of
 40    engineering subjects as provided in this chapter.
 41        (10) Land Surveyor-in-Training. The term "land surveyor-in-training" means
 42    a person who has qualified for, taken and passed an examination in the  funda-
 43    mentals of land surveying subjects as provided in this chapter.
 44        (11) Rules of Professional Responsibility. The term "rules of professional
 45    responsibility"  means  those  rules,  if  any,  promulgated  by the board, as
 46    authorized by the Idaho Code.
 47        (12) Public. The term "public" means any person, firm, corporation,  part-
 48    nership,  company,  government  agency, institution or any other entity recog-
 49    nized by law.
 50        (13) Business Entity. The term "business entity" means a corporation, pro-
 51    fessional corporation, limited liability company, professional limited liabil-
 52    ity company, general partnership, limited partnership, limited liability part-
 53    nership, professional limited liability partnership or any other form of busi-
 54    ness except a sole proprietorship.
 55        (1)  "Board" means the Idaho board of licensure of professional  engineers

                                       57

  1    and professional land surveyors, hereinafter provided by this chapter.
  2        (2)  "Business entity" means a corporation, professional corporation, lim-
  3    ited  liability company, professional limited liability company, general part-
  4    nership, limited partnership, limited liability partnership, professional lim-
  5    ited liability partnership or any other form of business except a sole propri-
  6    etorship.
  7        (3)  "Consulting engineer" means a professional engineer  whose  principal
  8    occupation  is  the  independent  practice  of professional engineering; whose
  9    livelihood is obtained by offering engineering services to the public; who  is
 10    devoid  of public, commercial and product affiliation that might tend to infer
 11    a conflict of interest; and who is cognizant of his public and legal responsi-
 12    bilities, and is capable of discharging them.
 13        (4)  "Engineer" means a person who is qualified to practice engineering by
 14    reason of his special knowledge and use of mathematical,  physical  and  engi-
 15    neering  sciences,  and the principles and methods of engineering analysis and
 16    design, acquired by professional education and engineering experience.
 17        (5)  "Engineer intern" means a person who has  qualified  for,  taken  and
 18    passed  an examination in the fundamentals of engineering subjects as provided
 19    in this chapter.
 20        (6)  "Land surveyor intern" means a person who has  qualified  for,  taken
 21    and  passed  an  examination in the fundamentals of surveying subjects as pro-
 22    vided in this chapter.
 23        (7)  "Professional engineer" means a person who has been duly licensed  as
 24    a professional engineer by the board under this chapter.
 25        (8)  "Professional engineering" and "practice of professional engineering"
 26    mean  any  service or creative work offered to or performed for the public for
 27    any project physically located in this state, such as consultation, investiga-
 28    tion, 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 licensed under this chapter, or holds
 41    himself out as able to perform or who does perform  for  the  public  for  any
 42    project  physically  located in this state, any engineering service or work or
 43    any other service designated by the practitioner which is the practice of pro-
 44    fessional engineering.
 45        (9)  "Professional land surveying" and "practice of professional land sur-
 46    veying" mean responsible charge of surveying of land to determine the  correct
 47    boundary  description, to convey, to establish or reestablish land boundaries,
 48    or to plat lands and subdivisions thereof. Any person shall  be  construed  to
 49    practice  or offer to practice professional land surveying who engages in pro-
 50    fessional land surveying, or who, by verbal claim, sign,  advertisement,  let-
 51    terhead,  card,  or  in  any other way represents himself to be a professional
 52    land surveyor, or who represents himself as able to perform or who  does  per-
 53    form any professional land surveying service or work or any other service des-
 54    ignated by the practitioner which is professional land surveying.
 55        (10) "Professional  land surveyor" means a person who is qualified by rea-

                                       58

  1    son of his knowledge of the principles of land surveying acquired by education
  2    and practical experience to engage in the practice of professional  land  sur-
  3    veying  and  who has been duly licensed as a professional land surveyor by the
  4    board under this chapter.
  5        (11) "Public" means any person, firm, corporation,  partnership,  company,
  6    government agency, institution or any other entity recognized by law.
  7        (12) "Responsible  charge"  means the control and direction of engineering
  8    work, or the control and direction of land surveying work,  requiring  initia-
  9    tive,  professional  skill, independent judgment and professional knowledge of
 10    the content of relevant documents during their preparation. Except as  allowed
 11    under  section  54-1223,  Idaho  Code, reviewing, or reviewing and correcting,
 12    documents after they have been prepared by  others  does  not  constitute  the
 13    exercise of responsible charge.
 14        (13) "Rules  of  professional  responsibility"  means those rules, if any,
 15    promulgated by the board, as authorized by the Idaho Code.
 16        (14) Signature. The term "sSignature"  shall  means  either:  an  original
 17    handwritten  message  identification  containing  the  name  of the person who
 18    applied it; or a digital signature which is an electronic authentication proc-
 19    ess attached to or logically associated with an electronic document. The digi-
 20    tal signature must be unique to the person using it; must be capable of  veri-
 21    fication;  must  be under the sole control of the person using it; and must be
 22    linked to a document in such a manner that the digital  signature  is  invali-
 23    dated if any data in the document is changed.
 24        (15) Standard  Design Plan. The term "sStandard design plan" shall means a
 25    building, structure, equipment or facility which is intended to be constructed
 26    or sited at multiple locations and for which some or all of the plans must  be
 27    prepared by a professional engineer.

 28        SECTION  68.  That Section 54-1203, Idaho Code, be, and the same is hereby
 29    amended to read as follows:

 30        54-1203.  IDAHO BOARD OF REGISTRATION LICENSURE OF PROFESSIONAL  ENGINEERS
 31    AND  PROFESSIONAL  LAND  SURVEYORS. A board to be known as the "Idaho board of
 32    registration licensure of professional engineers and  professional  land  sur-
 33    veyors"  is  a division of the Idaho department of self-governing agencies and
 34    shall administer the provisions of this chapter. It shall consist of five  (5)
 35    persons duly registered licensed as provided by this chapter, appointed by the
 36    governor from among nominees recommended by any organized and generally recog-
 37    nized  state  engineering  society in this state for the professional engineer
 38    members or any organized and generally recognized state land surveying society
 39    in this state for the professional land surveyor member. The  board  shall  be
 40    comprised  of  four  (4) persons registered licensed as professional engineers
 41    and one (1) person registered licensed as a professional  land  surveyor.  The
 42    members  of  the  board  shall  have  the  qualifications  required by section
 43    54-1204, Idaho Code. The members of the present board shall continue to  serve
 44    for  the  balance of their respective terms of appointment. Each member of the
 45    board shall take, subscribe and file the oath required by chapter 4, title 59,
 46    Idaho Code, before entering upon the duties of the office. On  the  expiration
 47    of  the  term  of any member, a successor shall be appointed in like manner by
 48    the governor for a term of five (5) years. Any appointment to complete a  term
 49    that has not expired, because of resignation or inability of a member to serve
 50    for  any  reason,  shall be for the unexpired portion of the term. A member of
 51    the board shall hold office until the expiration of the term for  which he was
 52    appointed and until his successor has been appointed and qualified.  A  member
 53    after serving two (2) consecutive full terms in addition to any unexpired por-

                                       59

  1    tion  of  a  term, shall not be reappointed for a period of two (2) years. The
  2    board, on its own initiative, may appoint any former member as an member emer-
  3    itus member for special assignment to assist the board in  the  administration
  4    of this chapter.

  5        SECTION  69.  That Section 54-1204, Idaho Code, be, and the same is hereby
  6    amended to read as follows:

  7        54-1204.  QUALIFICATION OF MEMBERS OF BOARD. Members of the board shall be
  8    citizens of the United States and residents of this state, and they shall have
  9    been engaged for at least twelve (12) years in the practice of engineering for
 10    the professional engineer members or land surveying for the professional  land
 11    surveyor  member,  shall have been in responsible charge for at least five (5)
 12    years of important professional engineering  or  professional  land  surveying
 13    work,  and  shall be registered licensed under the provisions of this chapter.
 14    Responsible charge of engineering or land surveying teaching may be  construed
 15    as  responsible  charge  of important professional engineering or professional
 16    land surveying work.

 17        SECTION 70.  That Section 54-1208, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:

 19        54-1208.  BOARD -- POWERS. (1) The board shall have the power to adopt and
 20    amend  all bylaws administrative rules including, but not limited to, rules of
 21    professional responsibility, rules of continuing professional development  for
 22    professional land surveyors not to exceed sixteen (16) hours annually for each
 23    profession for which the professional is licensed, and rules of procedure, not
 24    inconsistent  with  the constitution and laws of this state, which may be rea-
 25    sonably necessary for the proper performance of its duties and the administra-
 26    tion of the chapter and the regulation of proceedings before the board.  These
 27    actions  by  the board shall be binding upon persons registered licensed under
 28    this chapter and shall be applicable to business entities holding  a  certifi-
 29    cate  of  authorization  as  provided in section 54-1235, Idaho Code. It shall
 30    adopt and have an official seal which shall be affixed  to  each  license  and
 31    certificate issued. It shall have power to provide an office, office equipment
 32    and  facilities  and such books and records as may be reasonably necessary for
 33    the proper performance of its duties.
 34        (2)  In carrying into effect the provisions of this chapter, the board may
 35    subpoena witnesses and compel their attendance, and also may require the  sub-
 36    mission of books, papers, documents, or other pertinent data in any disciplin-
 37    ary  matters  or  in any case wherever a violation of this chapter is alleged.
 38    Upon failure or refusal to comply with any such order of the  board,  or  upon
 39    failure  to  honor its subpoena as herein provided, the board may apply to any
 40    court of any jurisdiction to enforce compliance with same.
 41        (3)  The board is hereby authorized in the name of the state to apply  for
 42    relief by injunction in the established manner provided in cases of civil pro-
 43    cedure, without bond, to enforce the provisions of this chapter or to restrain
 44    any  violation  thereof.  Venue  for all such actions shall be in the district
 45    court of the fourth judicial district, Ada county, Idaho.
 46        (4)  The board may subject an applicant for registration licensure or cer-
 47    tification to such examination as it deems necessary to  determine  qualifica-
 48    tions.
 49        (5)  Any  action,  claim or demand to recover money damages from the board
 50    or its employees which any person is legally entitled to recover as  compensa-
 51    tion  for  the negligent or otherwise wrongful act or omission of the board or

                                       60

  1    its employees, when acting within the course and scope  of  their  employment,
  2    shall  be  governed  by  the  Idaho tort claims act, chapter 9, title 6, Idaho
  3    Code. For purposes of this section, the term  "employees"  shall  include,  in
  4    addition  to  those  persons  listed  in section 6-902(4), Idaho Code, special
  5    assignment members, emeritus members and  other  any  independent  contractors
  6    while acting within the course and scope of their board related work.
  7        (6)  The  board may recommend arbitration of disputes between professional
  8    engineers or disputes between professional land surveyors.

  9        SECTION 71.  That Section 54-1210, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        54-1210.  RECORDS  AND  REPORTS.  (1) The board shall keep a record of its
 12    proceedings and a register record of all applications for registration  licen-
 13    sure    or  certification, which register record shall show: the name, date of
 14    birth and last known address of each applicant; the date of  the  application;
 15    the  place  of business of such applicant; his education, experience and other
 16    qualifications; type of examination required; whether or not the applicant was
 17    rejected; whether or not a certificate of registration or license was granted;
 18    the dates of the action of the board; and any  other  information  as  may  be
 19    deemed necessary by the board.
 20        (2)  The  records  of  the board shall be prima facie evidence of the pro-
 21    ceedings of the board set forth therein, and  a  transcript  minutes  thereof,
 22    duly  certified  by the secretary of the board under seal, shall be admissible
 23    in evidence with the same force and effect as if the original were produced.
 24        (3)  Annually the board shall submit to  the  governor  a  report  of  its
 25    transactions  activities of the preceding year, and shall also transmit to him
 26    a complete summary statement of the receipts and expenditures  of  the  board,
 27    attested by affidavits of its chairman and its secretary.
 28        (4)  Board records and papers are subject to disclosure according to chap-
 29    ter 3, title 9, Idaho Code.

 30        SECTION  72.  That Section 54-1211, Idaho Code, be, and the same is hereby
 31    amended to read as follows:

 32        54-1211.  ROSTER. A complete roster  showing  the  names  and  last  known
 33    addresses  of  all  registered  professional engineers, all registered profes-
 34    sional land surveyors, all business entities holding certificates of  authori-
 35    zation as required under section 54-1235, Idaho Code, and all who possess cur-
 36    rent  certification as engineers-in-training interns and as land surveyors-in-
 37    training interns shall be maintained by the  board  in  an  electronic  format
 38    available to the public.

 39        SECTION  73.  That Section 54-1212, Idaho Code, be, and the same is hereby
 40    amended to read as follows:

 41        54-1212.  GENERAL REQUIREMENTS FOR  EXAMINATION  AND  LICENSE.  Except  as
 42    herein  otherwise expressly provided, no license as a professional engineer or
 43    professional land surveyor, or certification as an engineer-in-training intern
 44    or land surveyor-in-training intern, shall be issued until  an  applicant  has
 45    successfully  passed  an  examination given by or under the supervision of the
 46    board, nor shall a license as a professional  engineer  or  professional  land
 47    surveyor,   or   certification  as  an  engineer-in-training  intern  or  land
 48    surveyor-in-training intern, be issued to an applicant having habits or  char-
 49    acter  that  would justify revocation or suspension of his license or certifi-

                                       61

  1    cate, as provided in section 54-1220, Idaho Code. The following shall be  con-
  2    sidered  as  minimum  evidence satisfactory to the board that the applicant is
  3    qualified for assignment to an examination:
  4        (1)  As a professional engineer:
  5        (a)  Graduation from an approved engineering curriculum of four (4)  years
  6        or more in a school or college approved by the board as being of satisfac-
  7        tory  standing, passage of an examination on the fundamentals of engineer-
  8        ing acceptable to the board, and a specific record, after  graduation,  of
  9        an  additional  four  (4) years or more of progressive experience in engi-
 10        neering work of a grade and character satisfactory to the board, and indi-
 11        cating that the applicant is competent to practice professional  engineer-
 12        ing; or
 13        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 14        school or college approved by the board, and evidence satisfactory to  the
 15        board  that the applicant possesses knowledge and skill approximating that
 16        attained through graduation from an approved  four  (4)  year  engineering
 17        curriculum,  passage  of an examination on the fundamentals of engineering
 18        acceptable to the board, and a specific record, after  graduation,  of  an
 19        additional four (4) years or more of progressive experience in engineering
 20        work  of  a  grade  and character satisfactory to the board and indicating
 21        that the applicant is competent to practice professional engineering.
 22        (2)  As a professional land surveyor:
 23        (a)  Graduation from an approved surveying curriculum of four (4) years or
 24        more in a school or college approved by the board as being of satisfactory
 25        standing, passage of an examination on the fundamentals of land  surveying
 26        acceptable  to  the board, and a specific record of an additional four (4)
 27        years or more of progressive combined office and field experience in  land
 28        surveying  work,  of  a  grade and character satisfactory to the board and
 29        indicating that the applicant is competent to practice  professional  land
 30        surveying; or
 31        (b)  At  least  sixty (60) semester credit hours of college level academic
 32        education beyond high school, including a minimum of fifteen (15) semester
 33        credit hours in surveying, passage of an examination on  the  fundamentals
 34        of  land  surveying  acceptable  to the board, and a specific record of an
 35        additional six (6) years of progressive combined office and field  experi-
 36        ence  in  land surveying work of a grade and character satisfactory to the
 37        board and indicating that the applicant is competent to practice land sur-
 38        veying; or
 39        (c)  Evidence that the applicant possesses knowledge and skill,  satisfac-
 40        tory to the board, similar to that attained upon completion of an approved
 41        college level academic curriculum, passage of an examination on the funda-
 42        mentals  of land surveying acceptable to the board, and evidence of a spe-
 43        cific record of an additional eight  (8)  years  of  progressive  combined
 44        office  and field experience in land surveying work of a grade and charac-
 45        ter satisfactory to the board and indicating that the applicant is  compe-
 46        tent to practice land surveying.
 47        (3)  As an engineer-in-training intern:
 48        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 49        neering    curriculum  of  four  (4)  years or more in a school or college
 50        approved by the board as being of  satisfactory  standing  and  indicating
 51        that  the  applicant  is  competent  to  enroll as an engineer-in-training
 52        intern; or
 53        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 54        school or college approved by the board as being of satisfactory standing,
 55        and evidence satisfactory to the board that the applicant possesses knowl-

                                       62

  1        edge  and  skill  approximating  that  attained through graduation from an
  2        approved four (4) year engineering curriculum,  and  indicating  that  the
  3        applicant is competent to be enrolled as an engineer-in-training intern.
  4        (c)  In  the  event the applicant qualifies for assignment to the examina-
  5        tion during the last two (2) semesters of college under the provisions  of
  6        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
  7        tificate will be issued only after the applicant graduates.
  8        (4)  As a land surveyor-in-training intern:
  9        (a)  Graduation  from,  or  in  the last two (2) semesters of, an approved
 10        surveying curriculum of four (4) years or more  in  a  school  or  college
 11        approved  by  the  board  as being of satisfactory standing and indicating
 12        that  the  applicant   is   competent   to   be   enrolled   as   a   land
 13        surveyor-in-training intern; or
 14        (b)  At  least  sixty (60) semester credit hours of college level academic
 15        education beyond high school, including a minimum of fifteen (15) semester
 16        credit hours in surveying, and in addition, a specific record of three (3)
 17        years or more of progressive combined office and field experience in  land
 18        surveying work of a grade and character satisfactory to the board that the
 19        applicant  is  competent  to  be  enrolled  as a land surveyor-in-training
 20        intern; or
 21        (c)  Possesses knowledge and skill, satisfactory to the board, similar  to
 22        that  attained  upon completion of an approved college level academic cur-
 23        riculum and evidence of a specific record of  at  least  four  (4)  years'
 24        experience  of progressive combined office and field experience of a grade
 25        and character satisfactory to the board that the applicant is competent to
 26        be enrolled as a land surveyor-in-training intern.
 27        In counting years of experience for assignment to the  professional  engi-
 28    neer  or professional land surveyor examination, the board may, at its discre-
 29    tion, give credit, not in excess of one (1) year,  for  satisfactory  graduate
 30    study toward a master's degree and not in excess of an additional one (1) year
 31    for  satisfactory  graduate  study  toward a doctorate degree. In the event an
 32    applicant obtains a  doctorate  degree  without  first  obtaining  a  master's
 33    degree,  the  board  may, at its discretion, give credit, not in excess of two
 34    (2) years.
 35        In considering the combined education  and  experience  qualifications  of
 36    applicants,  the  board  shall  consider  engineering teaching, land surveying
 37    teaching, each year of satisfactory completion of undergraduate college educa-
 38    tion, advanced degrees in engineering and advanced degrees in  land  surveying
 39    in establishing the applicants' minimum composite knowledge and skill.
 40        The  mere  execution,  as a contractor, of work designed by a professional
 41    engineer, or the supervision of the construction of such work as a foreman  or
 42    superintendent,  shall not be deemed to be the practice of engineering, but if
 43    such experience, in the opinion of the board, has involved responsible  super-
 44    vision  of  a character that will tend to expand the engineering knowledge and
 45    skill of the applicant the board may in its discretion give such credit there-
 46    for as it may deem proper.
 47        Any person having the necessary qualifications prescribed in this  chapter
 48    to  entitle  him to registration assignment to an examination for licensure or
 49    certification shall be eligible for such registration assignment  although  he
 50    may not be practicing his profession at the time of making his application.

 51        SECTION  74.  That  Section  54-1212, Idaho Code, as amended by Section 1,
 52    Chapter 125, Laws of 2002, as amended by Section 2, Chapter 15, Laws of  2003,
 53    as  amended by Section 2, Chapter 84, Laws of 2004, be, and the same is hereby
 54    amended to read as follows:

                                       63

  1        54-1212.  GENERAL REQUIREMENTS FOR EXAMINATION AND  LICENSE.    Except  as
  2    herein  otherwise expressly provided, no license as a professional engineer or
  3    professional land surveyor, or certification as an engineer-in-training intern
  4    or land surveyor-in-training intern, shall be issued until  an  applicant  has
  5    successfully  passed  an  examination given by or under the supervision of the
  6    board, nor shall a license as a professional  engineer  or  professional  land
  7    surveyor,   or   certification  as  an  engineer-in-training  intern  or  land
  8    surveyor-in-training intern, be issued to an applicant having habits or  char-
  9    acter  that  would justify revocation or suspension of his license or certifi-
 10    cate, as provided in section 54-1220, Idaho Code. The following shall be  con-
 11    sidered  as  minimum  evidence satisfactory to the board that the applicant is
 12    qualified for assignment to an examination:
 13        (1)  As a professional engineer:
 14        (a)  Graduation from an approved engineering curriculum of four (4)  years
 15        or more in a school or college approved by the board as being of satisfac-
 16        tory  standing, passage of an examination on the fundamentals of engineer-
 17        ing acceptable to the board, and a specific record, after  graduation,  of
 18        an  additional  four  (4) years or more of progressive experience in engi-
 19        neering work of a grade and character satisfactory to the board, and indi-
 20        cating that the applicant is competent to practice professional  engineer-
 21        ing; or
 22        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 23        school or college approved by the board, and evidence satisfactory to  the
 24        board  that the applicant possesses knowledge and skill approximating that
 25        attained through graduation from an approved  four  (4)  year  engineering
 26        curriculum,  passage  of an examination on the fundamentals of engineering
 27        acceptable to the board, and a specific record, after graduation, of  four
 28        (4) years or more of progressive experience in engineering work of a grade
 29        and  character satisfactory to the board and indicating that the applicant
 30        is competent to practice professional engineering.
 31        (2)  As a professional land surveyor:
 32        (a)  Graduation from an approved surveying curriculum of four (4) years or
 33        more in a school or college approved by the board as being of satisfactory
 34        standing, passage of an examination on the fundamentals of land  surveying
 35        acceptable  to  the board, and a specific record of an additional four (4)
 36        years or more of progressive combined office and field experience in  land
 37        surveying  work  of  a  grade  and character satisfactory to the board and
 38        indicating that the applicant is competent to practice  professional  land
 39        surveying; or
 40        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
 41        school or college approved by the board as being of satisfactory standing,
 42        and evidence satisfactory to the board that the applicant possesses knowl-
 43        edge and skill approximating that  attained  through  graduation  from  an
 44        approved four (4) year surveying curriculum, passage  of an examination on
 45        the fundamentals of land surveying acceptable to the board, and a specific
 46        record  of  an  additional  four (4) years or more of progressive combined
 47        office and field experience in land surveying work of a grade and  charac-
 48        ter  satisfactory to the board and indicating that the applicant is compe-
 49        tent to practice land surveying.
 50        (3)  As an engineer-in-training intern:
 51        (a)  Graduation from or in the last two (2) semesters of an approved engi-
 52        neering curriculum of four (4) years  or  more  in  a  school  or  college
 53        approved  by  the  board  as being of satisfactory standing and indicating
 54        that the applicant is  competent  to  enroll  as  an  engineer-in-training
 55        intern; or

                                       64

  1        (b)  Graduation  with  a  bachelor's  degree  in  a related science from a
  2        school or college approved by the board, and evidence satisfactory to  the
  3        board  that the applicant possesses knowledge and skill approximating that
  4        attained through graduation from an approved  four  (4)  year  engineering
  5        curriculum,  and indicating that the applicant is competent to be enrolled
  6        as an engineer-in-training intern.
  7        (c)  In the event the applicant qualifies for assignment to  the  examina-
  8        tion  during the last two (2) semesters of college under the provisions of
  9        section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a cer-
 10        tificate will be issued only after the applicant graduates.
 11        (4)  As a land surveyor-in-training intern:
 12        (a)  Graduation from, or in the last two (2)  semesters  of,  an  approved
 13        surveying  curriculum  of  four  (4)  years or more in a school or college
 14        approved by the board as being of  satisfactory  standing  and  indicating
 15        that   the   applicant   is   competent   to   be   enrolled   as  a  land
 16        surveyor-in-training intern; or
 17        (b)  Graduation with a bachelor's degree  in  a  related  science  from  a
 18        school  or  college  approved  by  the board, evidence satisfactory to the
 19        board that the applicant possesses knowledge and skill approximating  that
 20        attained  through graduation from an approved four (4) year surveying cur-
 21        riculum, and indicating that the applicant is competent to be enrolled  as
 22        a land surveyor-in-training intern.
 23        (c)  In  the  event the applicant qualifies for assignment to the examina-
 24        tion during the last two (2) semesters of college under the provisions  of
 25        subsection (4)(a) of this section, and attains a passing grade, a certifi-
 26        cate shall be issued only after the applicant graduates.
 27        In  counting  years of experience for assignment to the professional engi-
 28    neer or professional land surveyor examination, the board may, at its  discre-
 29    tion,  give  credit,  not in excess of one (1) year, for satisfactory graduate
 30    study toward a master's degree and not in excess of an additional one (1) year
 31    for satisfactory graduate study toward a doctorate degree.  In  the  event  an
 32    applicant  obtains  a  doctorate  degree  without  first  obtaining a master's
 33    degree, the board may, at its discretion, give credit, not in  excess  of  two
 34    (2) years.
 35        In  considering  the  combined  education and experience qualifications of
 36    applicants, the board shall  consider  engineering  teaching,  land  surveying
 37    teaching, each year of satisfactory completion of undergraduate college educa-
 38    tion,  advanced  degrees in engineering and advanced degrees in land surveying
 39    in establishing the applicants' minimum composite knowledge and skill.
 40        The mere execution, as a contractor, of work designed  by  a  professional
 41    engineer,  or the supervision of the construction of such work as a foreman or
 42    superintendent, shall not be deemed to be the practice of engineering, but  if
 43    such experience, in the opinion of  the board, has involved responsible super-
 44    vision  of  a character that will tend to expand the engineering knowledge and
 45    skill of the applicant the board may in its discretion give such credit there-
 46    for as it may deem proper.
 47        Any person having the necessary qualifications prescribed in this  chapter
 48    to  entitle  him to registration assignment to an examination for licensure or
 49    certification shall be eligible for such registration assignment  although  he
 50    may not be practicing his profession at the time of making his application.

 51        SECTION  75.  That Section 54-1213, Idaho Code, be, and the same is hereby
 52    amended to read as follows:

 53        54-1213.  APPLICATIONS AND REGISTRATION FEES. Applications  for  registra-

                                       65

  1    tion  licensure  as  a professional engineer or professional land surveyor, or
  2    certification as an engineer-in-training intern or  land  surveyor-in-training
  3    intern,  shall be on forms prescribed and furnished by the board. The applica-
  4    tion shall be made under oath, and shall show the applicant's education and  a
  5    detailed  summary  of  his technical and engineering or land surveying experi-
  6    ence. An applicant for registration licensure as a  professional  engineer  or
  7    professional land surveyor shall furnish not less than five (5) references, of
  8    whom  three (3) or more should be registered professional engineers or profes-
  9    sional land  surveyors,  as  applicable,  having  personal  knowledge  of  the
 10    applicant's  engineering or land surveying experience. An applicant for certi-
 11    fication  as  an  engineer-in-training  intern  or  land  surveyor-in-training
 12    intern shall furnish not less than three (3) references of whom at  least  one
 13    (1)  should  be  a  registered professional engineer or professional land sur-
 14    veyor, as applicable, having personal knowledge of the applicant's engineering
 15    or land surveying experience. Applications for certificates  of  authorization
 16    shall be made in accordance with section 54-1235, Idaho Code.
 17        The  maximum  application  fee  for professional engineers or professional
 18    land surveyors seeking to be licensed by an eight (8) hour or longer  examina-
 19    tion  shall  be  an amount equal to the amount charged the board by the entity
 20    preparing and administering the examination, plus an administrative fee not to
 21    exceed one hundred dollars ($100). The total application fee  shall  accompany
 22    the application.
 23        The maximum application fee for an applicant who seeks a certificate as an
 24    engineer-in-training  intern  or  land surveyor-in-training intern shall be an
 25    amount equal to the amount charged the  board  by  the  entity  preparing  and
 26    administering  the examination, plus an administrative fee not to exceed fifty
 27    dollars ($50.00). The application fee shall accompany the application.
 28        The maximum application fee for business entities seeking a certificate of
 29    authorization shall be two hundred dollars ($200). The application  fee  shall
 30    accompany the application.
 31        Separate application fees shall accompany all applications for each of the
 32    four  (4)  classes  of  examinations: professional land surveyor, engineer-in-
 33    training, land surveyor-in-training and professional engineer.
 34        The amount of the registration license fee or  certificate  fee  shall  be
 35    fixed  by the board prior to June 30th of any year and shall continue in force
 36    until changed.
 37        Should the board deny the issuance of a  certificate  of  registration  or
 38    authorization  license  to  any  applicant,  the  fee  deposited paid shall be
 39    retained as an application a processing fee.

 40        SECTION 76.  That Section 54-1214, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:

 42        54-1214.  EXAMINATIONS.  (1)  Examinations  will be held at such times and
 43    places as the board directs. The board shall determine the acceptable grade on
 44    examinations.
 45        (2)  Written examinations will be given in two (2)  sections  and  may  be
 46    taken only after the applicant has met the other minimum requirements as given
 47    in  section 54-1212, Idaho Code, and has been approved by the board for admis-
 48    sion to the examinations as follows:
 49        (a)  Fundamentals of Engineering -- The examination consists of  an  eight
 50        (8)  hour  test  period  on  the fundamentals of engineering. Passing this
 51        examination qualifies the examinee for an engineer-in-training intern cer-
 52        tificate, provided he has met  all  other  requirements  of  certification
 53        required by this chapter.

                                       66

  1        (b)  Principles and Practice of Engineering -- The examination consists of
  2        a minimum of an eight (8) hour test period on applied engineering. Passing
  3        this  examination  qualifies  the examinee for registration licensure as a
  4        professional engineer, provided he has met the other requirements for reg-
  5        istration licensure required by this chapter.
  6        (c)  Fundamentals of Land Surveying --  The  examination  consists  of  an
  7        eight  (8) hour test period on the fundamentals of land surveying. Passing
  8        this examination qualifies the examinee for  a  land  surveyor-in-training
  9        intern  certificate, provided he has met all other requirements for certi-
 10        fication required by this chapter.
 11        (d)  Principles and Practice of Land Surveying -- The examination consists
 12        of a minimum of an eight (8) hour test period on applied  land  surveying.
 13        Passing this examination qualifies the examinee for registration licensure
 14        as  a  professional  land surveyor, provided he has met the other require-
 15        ments for registration licensure required by this chapter.
 16        (3)  A candidate failing all or part of the an examination for  the  first
 17    time  may  apply for reexamination, which may be granted upon payment of a fee
 18    equal to the total application fee for the required examination. In the  event
 19    of a second failure, the examinee shall be required to appear before the board
 20    or  a member thereof to obtain a minimum of one (1) additional year of experi-
 21    ence, acceptable to the board, from the date of the second  examination  fail-
 22    ure,  and submit evidence of having completed an additional eight (8) semester
 23    credits of college level  academic  education  relating  to  the  examination,
 24    before  the  board will consider that he has acquired the necessary additional
 25    knowledge to warrant assignment to a third examination.  In  the  event  of  a
 26    third  or subsequent failure, the examinee shall be required to obtain a mini-
 27    mum of three (3) additional years of experience, acceptable to the board, from
 28    the date of the third or subsequent examination failure, and  submit  evidence
 29    of  having  completed  an  additional  twelve (12) semester credits of college
 30    level academic education relating to the examination, before  the  board  will
 31    consider  that  he  has acquired the necessary additional knowledge to warrant
 32    assignment to a subsequent examination.
 33        (4)  The board may prepare and adopt specifications for the written exami-
 34    nations in engineering and land surveying. They may be published  in  brochure
 35    form  and  be available to any person interested in being registered as a pro-
 36    fessional engineer or as a professional land surveyor.

 37        SECTION 77.  That Section 54-1215, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:

 39        54-1215.  CERTIFICATES  LICENSE  --  SEALS -- INTERN CERTIFICATES. (1) The
 40    board shall issue a certificate of registration license upon  payment  of  the
 41    registration  fee as provided for in this chapter to any applicant who, in the
 42    opinion of the board, has satisfactorily met all of the requirements  of  this
 43    chapter  for  licensure  as  a  professional  engineer  or  professional  land
 44    surveyor,  and  an enrollment certificate shall be issued to those who qualify
 45    as an engineers-in-training and intern or a land surveyors-in-training intern.
 46    In the case of a registered professional  engineer,  the  certificate  license
 47    shall authorize the practice of "professional engineering," and in the case of
 48    a  registered professional land surveyor the certificate license shall author-
 49    ize the practice of "professional land surveying." Certificates  of  registra-
 50    tion  Licenses shall show the full name of the registrant licensee, shall give
 51    a serial registration license number, and shall be signed by the chairman  and
 52    the secretary of the board under seal of the board.
 53        (2)  The  issuance  of  a certificate of registration license by the board

                                       67

  1    shall be prima facie evidence that the person named therein is entitled to all
  2    the rights, privileges and responsibilities of a registered  licensed  profes-
  3    sional  engineer  or of a registered licensed professional land surveyor, pro-
  4    vided that said certificate of registration license has not expired or has not
  5    been suspended or revoked.
  6        (3)  Each  registrant  licensee   hereunder   shall,   upon   registration
  7    licensure,  obtain a seal, the use and design of which are described below. It
  8    shall be unlawful for any person to affix or to permit his seal and  signature
  9    to be affixed to any documents after the certificate license of the registrant
 10    licensee  named  thereon  has expired or has been suspended or revoked, unless
 11    said certificate license shall have been renewed, reinstated, or reissued,  or
 12    for  the purpose of aiding or abetting any other person to evade or attempt to
 13    evade any portion of this chapter.
 14        (a)  The seal may be a rubber stamp,  crimp  or  electronically  generated
 15        image. Whenever the seal is applied, the registrant's licensee's signature
 16        and date shall also be included. If the signature is handwritten, it shall
 17        be  adjacent  to  or  across  the  seal.  No  further  words or wording is
 18        required. A facsimile signature  generated  by  any  method  will  not  be
 19        acceptable unless accompanied by a digital signature.
 20        (b)  The  seal, signature and date shall be placed on all final specifica-
 21        tions, land surveys, reports, plats, drawings, plans,  design  information
 22        and  calculations, whenever presented to a client or any public or govern-
 23        mental agency. Any such document presented to a client or public  or  gov-
 24        ernmental  agency that is not final and does not contain a seal, signature
 25        and date shall be clearly marked as "draft,"  "not  for  construction"  or
 26        with  similar  words to distinguish the document from a final document. In
 27        the event the final work product is preliminary in nature or contains  the
 28        word  "preliminary," such as a "preliminary engineering report," the final
 29        work product shall be sealed, signed and dated as a final document if  the
 30        document  is intended to be relied upon to make policy decisions important
 31        to the life, health, property, or fiscal interest of the public.
 32        (c)  The seal, and signature of the licensee and date shall be  placed  on
 33        all original documents in such a manner that such seal, signature and date
 34        are  reproduced  when  the original document is copied. The application of
 35        the registrant's licensee's seal,  and signature and the date  shall  con-
 36        stitute  certification  that the work thereon was done by him or under his
 37        responsible charge. Each plan or drawing sheet shall be sealed and  signed
 38        and  dated by the registrant licensee or registrants licensees responsible
 39        for each sheet. In the case of a business entity,  each  plan  or  drawing
 40        sheet  shall  be sealed and signed and dated by the registrant licensee or
 41        registrants licensees involved. Copies of  electronically  produced  docu-
 42        ments,  listed in paragraph (b) of this subsection, distributed for infor-
 43        mational uses such as for bidding  purposes  or  working  copies,  may  be
 44        issued  with the registrant's licensee's seal and a notice that the origi-
 45        nal document is on file with the registrant's licensee's signature and the
 46        date. The words "Original Signed By:" and "Date Original Signed:" shall be
 47        placed adjacent to or across the seal  on  the  electronic  original.  The
 48        storage location of the original document shall also be provided. Only the
 49        title  page  of  reports,  specifications and like documents need bear the
 50        seal, and signature of the licensee and the date. of the registrant.
 51        (d)  The seal and signature shall be used by  registrants  licensees  only
 52        when  the work being stamped was under the registrant's licensee's respon-
 53        sible charge.
 54        (e)  The design of the seal shall be as determined by the board.
 55        (4)  The board shall issue to any applicant who, in  the  opinion  of  the

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  1    board,  has met the requirements of this chapter, an enrollment certificate or
  2    card as an engineer-in-training intern  or  land  surveyor-in-training,  which
  3    indicates  that his name has been recorded as such in the board office intern.
  4    The engineer-in-training intern or land surveyor-in-training  enrollment  card
  5    intern  certificate does not authorize the certificate holder to practice as a
  6    professional engineer or a professional land surveyor.

  7        SECTION 78.  That Section 54-1216, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:

  9        54-1216.  EXPIRATIONS  AND RENEWALS -- FEES. Following issuance or renewal
 10    of certificates of registration licenses for professional engineers  and  pro-
 11    fessional  land  surveyors,  expiration  shall be on the last day of the month
 12    during which the registrant licensee was born, in even-numbered state of Idaho
 13    fiscal years for those born in even-numbered calendar years  and  in  odd-num-
 14    bered  state  of  Idaho  fiscal  years for those born in odd-numbered calendar
 15    years, and shall become invalid on that date unless renewed.  Certificates  of
 16    authorization  for business entities shall expire on the last day of the month
 17    of July following issuance or renewal and shall become invalid  on  that  date
 18    unless  renewed. It shall be the duty of the board to notify every person reg-
 19    istered licensed and every business entity certified under  this  chapter,  of
 20    the date of the expiration of said certificate of registration license or cer-
 21    tificate of authorization and the amount of the fee that shall be required for
 22    its renewal. Such notice shall be mailed to the last known address of the reg-
 23    istrant  licensee  or business entity at least one (1) month in advance of the
 24    date of the expiration of said license or certificate or  of    authorization.
 25    Renewal  may  shall  be effected effective at any time in the appropriate year
 26    during the month in which the registrant licensee was born or during the month
 27    of July in the case of business entities, by the payment of a renewal  fee  to
 28    be  fixed  by the board at not more than one hundred fifty dollars ($150). The
 29    failure on the part of any registrant licensee or certificate holder to  renew
 30    his  or  its license or certificate biennially in the month in which they were
 31    born or in the month of July in the case of  business  entities,  as  required
 32    above  shall  not  deprive  such  person  or  business  entity of the right of
 33    renewal, but the fee to be paid for the renewal of a  license  or  certificate
 34    after  the  month   in which it is due shall be increased twenty percent (20%)
 35    for each month or fraction of a month that payment of renewal is delayed; pro-
 36    vided, however, that the maximum fee for  delayed  renewal  shall  not  exceed
 37    twice  the  renewal  fee for each biennium renewal cycle delinquent, but in no
 38    event more than three hundred dollars ($300). Any work performed after a  reg-
 39    istration  license  or  certificate  of  authorization has expired, but before
 40    delayed renewal has been effected, shall become valid upon delayed renewal  as
 41    if  the  registration license or certificate of authorization had not expired,
 42    but the registrant licensee or certificate holder shall may be subject to dis-
 43    ciplinary action by the board for practice on an expired license or such other
 44    action as provided pursuant to this chapter.
 45        Following issuance or renewal of certificates of enrollment for engineers-
 46    in-training interns and land surveyors-in-training interns,  expiration  shall
 47    be  on the last day of the month during which the certificate holder was born,
 48    in even-numbered state of Idaho fiscal years for those born  in  even-numbered
 49    calendar  years and in odd-numbered state of Idaho fiscal years for those born
 50    in odd-numbered calendar years. The notification to holders of certificates of
 51    enrollment shall be processed as prescribed above  for  registrants  licensees
 52    except  that  the  biennial  renewal fee shall not be more than thirty dollars
 53    ($30.00). The failure on the part of any holder of a certificate of enrollment

                                       69

  1    to effect renewal shall not invalidate his status as  an  engineer-in-training
  2    intern  or  land surveyor-in-training intern, but his name shall, after ninety
  3    (90) days, be removed from the board's current mailing list.

  4        SECTION 79.  That Section 54-1218, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:

  6        54-1218.  PUBLIC  WORK.  It  shall  be unlawful for this state, or for any
  7    county, city, school district, irrigation district, drainage district, highway
  8    district, or other subdivision of the state, having power  to  levy  taxes  or
  9    assessments  against  property situated therein, to engage in the construction
 10    of any public work when the public health or safety  is  involved  unless  the
 11    plans  and  specifications  and  estimates have been prepared by, and the con-
 12    struction reviewed by a registered professional engineer.

 13        SECTION 80.  That Section 54-1219, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:

 15        54-1219.  COMITY  CERTIFICATION LICENSURE -- FEE. The board, upon applica-
 16    tion therefor and the payment of a fee of not to exceed a maximum of one  hun-
 17    dred  fifty dollars ($150), may issue a certificate of registration license as
 18    a professional engineer or professional land surveyor to any person who  holds
 19    a  certificate  of  registration license issued to the applicant by the proper
 20    authority of any state, territory or possession of the United States, the Dis-
 21    trict of Columbia, or of a foreign country, provided that, in the  opinion  of
 22    the  board,  the applicant possesses the education, experience and examination
 23    credentials, or their equivalents, that were specified in the applicable  reg-
 24    istration  licensing chapter in effect in this state at the time such certifi-
 25    cate license was issued, provided that a professional land surveyor  applicant
 26    must  successfully  pass a land surveying examination as prepared and adminis-
 27    tered by the board, and provided such state, territory, possession or  country
 28    will  license,  or issue certificates of registration, without examination and
 29    upon substantially the same condition, to applicants holding licenses or  cer-
 30    tificates of registration issued by the board under this chapter. In the event
 31    the  applicant  has been licensed and has practiced as a professional engineer
 32    or professional land surveyor in another jurisdiction for a minimum  of  eight
 33    (8)  years,  has  no  outstanding disciplinary action, and is in good standing
 34    under a licensing system which, in the opinion of the  board,  maintains  sub-
 35    stantially  equivalent  professional standards as required under this chapter,
 36    the board may, in its discretion, waive the requirement  for  satisfaction  of
 37    prescriptive credentials in education and examination.

 38        SECTION  81.  That Section 54-1220, Idaho Code, be, and the same is hereby
 39    amended to read as follows:

 40        54-1220.  DISCIPLINARY ACTION -- PROCEDURES. (1) Any  affected  party  may
 41    prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or
 42    violation  of  any provision of this chapter, or violation of any of the rules
 43    promulgated by the board against any individual registrant licensee or certif-
 44    icate holder or against any business entity holding a certificate of  authori-
 45    zation or against a person applying for a license or against a business entity
 46    applying  for  a certificate of authorization. Repeated acts of negligence may
 47    be considered as a gross act for disciplinary action. Such charges shall be in
 48    writing, and shall be sworn to by the person or persons making them and  shall
 49    be  filed  with the executive director of the board. The executive director of

                                       70

  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 hHearing shall be fixed by the board  and
  8    a  copy  of the charges, together with a notice of the time and place of hear-
  9    ing, 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. The proceedings shall be governed by the provisions of chapter 52, title
 12    67, Idaho Code.
 13        (4)  If,  after  such  hearing, the board votes in favor of sustaining the
 14    charges, the board may, in its discretion, impose an  administrative  penalty,
 15    not  to  exceed two five thousand dollars ($25,000) for deposit in the general
 16    account fund of the state of Idaho. In addition, the board, in its discretion,
 17    may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or
 18    any combination thereof, the individual's license or certificate of  registra-
 19    tion  or a business entity's certificate of authorization. The board may also,
 20    in its discretion, require the individual to practice under the supervision of
 21    another licensee, or require the individual to successfully complete  continu-
 22    ing education courses as may be prescribed by the board.
 23        (5)  The  board  shall  have jurisdiction over registrants licensees whose
 24    licenses are not current provided the action  relates  to  services  performed
 25    when the license was current and valid.

 26        SECTION  82.  That Section 54-1221, Idaho Code, be, and the same is hereby
 27    amended to read as follows:

 28        54-1221.  REISSUANCE OF LICENSES AND CERTIFICATES. The board,  upon  peti-
 29    tion of an individual or a business entity, may reissue or reinstate a license
 30    or certificate of registration or certificate of authorization, provided three
 31    (3)  or  more  members of  the board vote in favor of such reissuance or rein-
 32    statement. A new license or certificate  of  registration  or  certificate  of
 33    authorization,  to replace any license or certificate revoked, lost, destroyed
 34    or mutilated, may be issued, subject to the rules of the board, and upon  pay-
 35    ment  of  such  reasonable  charge  therefor as shall be fixed by the board to
 36    cover the estimated cost of investigation and such reissuance, but not exceed-
 37    ing ten dollars ($10.00) in any case.

 38        SECTION 83.  That Section 54-1222, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:

 40        54-1222.  VIOLATIONS  AND PENALTIES -- PROSECUTION OF OFFENSES. Any person
 41    who shall practice, or offer to practice, professional engineering or  profes-
 42    sional  land  surveying  in  this  state  without being registered licensed in
 43    accordance with the provisions of this chapter, or any  person  presenting  or
 44    attempting  to  use  as his own the certificate of registration license or the
 45    seal of another, or any person who shall give any false or forged evidence  of
 46    any  kind to the board or to any member thereof in obtaining a license or cer-
 47    tificate, of registration, or any person who  shall  falsely  impersonate  any
 48    other  registrant  licensee of like or different name, or any person who shall
 49    attempt to use an expired or revoked certificate of  registration  license  or
 50    practice  at  any  time during a period the board has suspended or revoked his
 51    certificate of registration license, or any person who shall  violate  any  of

                                       71

  1    the provisions of this chapter, shall be guilty of a misdemeanor.
  2        Legal counsel selected by the board, or the attorney general of this state
  3    or anyone designated by him may act as legal advisor of the board. It shall be
  4    the  duty  of  the attorney general of this state to enforce the provisions of
  5    this chapter relating to unlicensed practice and to prosecute  any  unlicensed
  6    person  violating  the  same.  The attorney general shall be reimbursed by the
  7    board for any fees and expenses incurred by the attorney general in represent-
  8    ing the board or prosecuting unlicensed persons.

  9        SECTION 84.  That Section 54-1223, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        54-1223.  SAVING  CLAUSE -- EXEMPTIONS. (1) This chapter shall not be con-
 12    strued to affect:
 13        (a)  The practice of any other profession or trade for which a license  is
 14        required under any law of this state or the United States.
 15        (b)  The  work  of an employee or a subordinate of a person holding a cer-
 16        tificate of registration license under this chapter,  provided  such  work
 17        does  not include final engineering design or land surveying decisions and
 18        is done under the direct responsibility, checking, and supervision of, and
 19        verified by, a person holding a certificate of registration license  under
 20        this chapter.
 21        (c)  Any  individual teaching upper division engineering subjects that are
 22        classified as engineering design for any college  or  university  in  this
 23        state  as  of July 1, 1988, and any such individual employed after July 1,
 24        1988, for a period of five (5) years from the date of employment with  any
 25        college or university in this state.
 26        (d)  An individual doing surveying work for himself, or through a business
 27        entity,  on property owned or leased by the individual or business entity,
 28        or in which the individual or business entity has an interest,  estate  or
 29        possessory  right  and which affects exclusively the property or interests
 30        of the individual or business entity; provided, that  all  land  surveying
 31        maps,  plats or plans filed with any county recorder's office in the state
 32        of Idaho for the purpose of illustrating or defining boundaries  of  prop-
 33        erty ownership, shall be made and certified by a registered, licensed pro-
 34        fessional land surveyor as provided in this chapter.
 35        (e)  An  individual  doing  survey work for himself, or through a business
 36        entity with respect to the location, amendment, or relocation of a  mining
 37        claim.
 38        (f)  The practice of engineering by employees of a business entity as long
 39        as  the  services  provided  by  them are for internal business entity use
 40        only.
 41        (2)  The board, at its discretion, may exempt  an  exceptional  individual
 42    who  has  twelve  (12)  or more years of appropriate experience in engineering
 43    from the requirement for satisfactory completion of an examination in the fun-
 44    damentals of engineering.
 45        (3)  An applicant for licensure as a professional engineer either by exam-
 46    ination or by comity who has earned a bachelor degree in engineering  from  an
 47    approved  engineering  program and has, in addition, earned a doctorate degree
 48    in engineering from a college or university which offers  an  approved  under-
 49    graduate  program in the same discipline as the doctorate degree earned, shall
 50    be exempt from the requirement for satisfactory completion of  an  examination
 51    in the fundamentals of engineering. Honorary doctorate degrees are not consid-
 52    ered earned degrees for purposes of this subsection.
 53        (4)  In addition to, and notwithstanding other provisions of this chapter,

                                       72

  1    in  circumstances of emergency creating conditions of imminent and substantial
  2    danger to the public health, safety or environment through  the  provision  of
  3    engineering  services,  the  prosecuting  attorney or the attorney general may
  4    institute a civil action for an immediate injunction to halt the provision  of
  5    engineering services.
  6        (5)  A  professional  engineer  licensed in Idaho may review the work of a
  7    professional engineer who is licensed in another jurisdiction  of  the  United
  8    States  or a foreign country on a project that is a site adaptation of a stan-
  9    dard design plan to determine that the standard design plan meets the standard
 10    of care and is applicable to the intended circumstance, with or without  modi-
 11    fication.  The  Idaho  professional  engineer  shall  demonstrate  responsible
 12    charge,  as  defined  in  this  chapter,  by  performing professional services
 13    related to his assignment including developing or obtaining a complete  design
 14    record  with  design  criteria  and  calculations,  performing  necessary code
 15    research and developing any necessary and appropriate changes to the  standard
 16    design  plan  necessary  to properly apply the standard design to the intended
 17    circumstance. The nonprofessional services, such  as  drafting,  need  not  be
 18    redone  by  the  Idaho  professional engineer, but must clearly and accurately
 19    reflect the Idaho professional engineer's work. The burden  is  on  the  Idaho
 20    professional engineer to show such compliance. The Idaho professional engineer
 21    shall  have  control  of and responsibility for the entire work product, shall
 22    seal, sign and date it as required in this chapter, and shall be in possession
 23    of all original documents or certified copies of documents related to the pro-
 24    fessional engineer's work for the project.

 25        SECTION 85.  That Section 54-1225, Idaho Code, be, and the same is  hereby
 26    amended to read as follows:

 27        54-1225.  APPEALS.  Any person or organization who shall feel aggrieved by
 28    any action of the board in denying, suspending or revoking a license  or  cer-
 29    tificate  of  registration or certificate of authorization, as is appropriate,
 30    may appeal therefrom in accordance with the provisions of  the  administrative
 31    procedures act, chapter 52, title 67, chapter 52, Idaho Code.

 32        SECTION  86.  That Section 54-1227, Idaho Code, be, and the same is hereby
 33    amended to read as follows:

 34        54-1227.  SURVEYS -- AUTHORITY AND DUTIES OF PROFESSIONAL  LAND  SURVEYORS
 35    AND  PROFESSIONAL ENGINEERS. Every registered, licensed professional land sur-
 36    veyor is hereby authorized to make land surveys relating to the sale or subdi-
 37    vision of lands, the retracing or establishing of property or boundary  lines,
 38    public  roads,  streets,  alleys,  or trails; and it shall be the duty of each
 39    registered licensed professional land surveyor, whenever making any such  land
 40    survey,  to  set  permanent  and reliable monuments, the minimum size of which
 41    shall be one-half (1/2) five-eighths (5/8) inch in least dimension and two (2)
 42    feet long iron or steel rod unless special circumstances preclude use of  such
 43    monument;  and  such  monuments must be permanently marked or bear a metal cap
 44    with the registration license number of the professional land surveyor respon-
 45    sible for placing the monument. Professional engineers qualified and duly reg-
 46    istered licensed pursuant to title 54, Idaho Code, this chapter may also  per-
 47    form  those  nonboundary  surveys necessary and incidental to the work custom-
 48    arily performed by them.

 49        SECTION 87.  That Section 54-1228, Idaho Code, be, and the same is  hereby
 50    amended to read as follows:

                                       73

  1        54-1228.  ADMINISTERING AND CERTIFICATION OF OATHS -- AUTHORITY OF PROFES-
  2    SIONAL LAND SURVEYORS. Every registered, professional land surveyor is author-
  3    ized to administer and certify oaths, when it becomes necessary to take testi-
  4    mony  to  identify or establish old or lost corners, or to perpetuate a corner
  5    that is in a perishable condition, or whenever the importance of the land sur-
  6    vey makes it desirable, and to administer oaths to assistants for the faithful
  7    performance of duty. A record of such oaths shall be kept as part of the field
  8    notes of the land survey.

  9        SECTION 88.  That Section 54-1230, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:

 11        54-1230.  PUBLIC  OR  PRIVATE  SURVEYING -- RIGHT OF ENTRY. (1) Any person
 12    employed in the execution of any survey authorized  by  the  congress  of  the
 13    United  States  may  enter  upon  lands  within  this state for the purpose of
 14    exploring, triangulating, leveling, surveying, and of doing any work which may
 15    be necessary to carry out the objects of then existing laws relative  to  sur-
 16    veys,  and may establish permanent station marks, and erect the necessary sig-
 17    nals and temporary observatories, doing no unnecessary injury thereby.
 18        (2)  A professional land surveyor licensed pursuant to the  provisions  of
 19    this  chapter,  and  his subordinates, who, in the course of work which may be
 20    necessary to carry out the objects of existing laws relative to surveys,  find
 21    it  necessary  to go upon or across the lands of a party or parties other than
 22    the one for whom the survey is being made, and upon or across  such  land  lie
 23    land survey corners or monuments, the access to which is necessary to complete
 24    a  survey,  shall not be guilty of trespass but shall be liable for any damage
 25    done to such land or property, provided the following actions are taken:
 26        (a)  If oral permission cannot be obtained from the owner of the property,
 27        then the person making the survey shall give  written  notice  via  United
 28        States  post  office  certified  mailing, return receipt requested, of the
 29        survey to the owner of the land at least ten (10) days before  going  upon
 30        or across the land; and
 31        (b)  Upon receipt of delivery confirmation, or after ten (10) days follow-
 32        ing  the  date  of mailing of the written notice, whichever is sooner, the
 33        surveyor and his subordinates may enter upon the land.

 34        SECTION 89.  That Section 54-1231, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:

 36        54-1231.  PUBLIC  OR PRIVATE SURVEYING -- ASSESSMENT OF DAMAGES FOR ENTRY.
 37    If the parties interested cannot agree upon the amount to be paid for  damages
 38    caused  thereby,  either of them may petition the district court in the county
 39    in which the land is situated, which court shall appoint a time for a  hearing
 40    as  soon as may be, and order at least twenty (20) days' notice to be given to
 41    all parties interested, and, with or without a view of the  premises,  as  the
 42    court may determine, hear the parties and their witnesses and assess damages.

 43        SECTION  90.  That Section 54-1232, Idaho Code, be, and the same is hereby
 44    amended to read as follows:

 45        54-1232.  PUBLIC OR PRIVATE SURVEYING -- TENDER OF DAMAGES FOR ENTRY.  The
 46    person so entering upon land may tender to the injured party damages therefor,
 47    and  if,  in  case  of petition or complaint to the court, the damages finally
 48    assessed do not exceed the amount tendered, the person entering shall  recover
 49    costs; otherwise the prevailing party shall recover costs.

                                       74

  1        SECTION  91.  That Section 54-1233, Idaho Code, be, and the same is hereby
  2    amended to read as follows:

  3        54-1233.  PUBLIC OR PRIVATE SURVEYING -- COSTS OF ASSESSMENT  OF  DAMAGES.
  4    The costs to be allowed in all such cases shall be the same as allowed accord-
  5    ing to the rules of the court, and provisions of law relating thereto.

  6        SECTION  92.  That Section 54-1234, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        54-1234.  MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any per-
  9    son shall wilfully willfully deface, injure or remove  any  signal,  monument,
 10    building or other object set as a permanent boundary survey marker by a regis-
 11    tered,  professional  land surveyor, he shall forfeit a sum not exceeding five
 12    hundred dollars ($500) for each offense, and shall be liable for damages  sus-
 13    tained  by  the  affected  parties  in consequence of such defacing, injury or
 14    removal, to be recovered in a civil action in any court of competent jurisdic-
 15    tion.

 16        SECTION 93.  That Section 54-1235, Idaho Code, be, and the same is  hereby
 17    amended to read as follows:

 18        54-1235.  PRACTICE  BY  A BUSINESS ENTITY. (1) The practice of or offer to
 19    practice professional engineering or professional land surveying,  as  defined
 20    in  this  chapter,  by  professional engineers or professional land surveyors,
 21    through a business entity, or by a business entity through professional  engi-
 22    neers  or professional land surveyors, as employees, or officers, is permitted
 23    subject to the provisions of this chapter, provided that all personnel of such
 24    business entity, who act in its behalf as professional  engineers  or  profes-
 25    sional  land  surveyors  in  this state are registered licensed as provided by
 26    this chapter, or are persons lawfully practicing under the exemptions  enumer-
 27    ated  in  this chapter, and further provided that said business entity, except
 28    utilities regulated by the Idaho public utilities commission, has been  issued
 29    a  certificate  of  authorization by the board as provided by this chapter. No
 30    business entity shall be relieved of responsibility for the conduct or acts of
 31    its employees or officers by reason of its compliance with the  provisions  of
 32    this  chapter, nor shall any individual practicing professional engineering or
 33    professional land surveying as defined in this chapter, be relieved of respon-
 34    sibility for engineering or land surveying services performed by reason of his
 35    employment or relationship with such  business  entity.  All  final  drawings,
 36    specifications,  plats, reports, or other engineering or land surveying papers
 37    or documents involving the practice of  professional  engineering  or  profes-
 38    sional  land  surveying as defined in this chapter, which shall have been pre-
 39    pared or approved for the use of or for delivery to any person or  for  public
 40    record within this state shall be dated and bear the signature and seal of the
 41    professional  engineer  or professional land surveyor who prepared or approved
 42    them.
 43        (2)  A business entity organized pursuant to this section may  provide  or
 44    offer  to  provide allied professional services as defined in section 30-1303,
 45    Idaho Code, in connection with the providing of engineering or land  surveying
 46    services,  by  persons  licensed  in allied professions acting as employees or
 47    officers, provided such persons are duly licensed or otherwise legally author-
 48    ized to render such allied professional services within this state.
 49        (3)  A business entity desiring a certificate of authorization  for  engi-
 50    neering, for land surveying, or for both, shall file with the board a descrip-

                                       75

  1    tion  of  the engineering or land surveying service to be offered or practiced
  2    in the state, an application upon a form to be prescribed by the board and the
  3    designation required by the following paragraph, accompanied by  the  applica-
  4    tion fee.
  5        (4)  Such  business  entity  shall file with the board a designation of an
  6    individual or individuals duly registered and certified licensed  to  practice
  7    professional  engineering  or  professional  land  surveying in this state who
  8    shall be in responsible charge of the practice of professional engineering  or
  9    land  surveying,  as applicable, by said business entity in this state. In the
 10    event there shall be a change in the individual or individuals in  responsible
 11    charge,  such  changes shall be designated in writing and filed with the board
 12    within thirty (30) days after the effective date of such change.
 13        If all requirements of this chapter are met, the board shall issue to such
 14    business entity a certificate of authorization for  professional  engineering,
 15    for  land  surveying,  or for both; provided, however, the board may refuse to
 16    issue a certificate if any facts exist which would entitle the board  to  sus-
 17    pend or revoke an existing certificate.
 18        A  professional  engineer  or professional land surveyor who renders occa-
 19    sional, part-time or consulting engineering or land surveying services  to  or
 20    for  a  business  entity  may  not  be designated as the person in responsible
 21    charge for the professional activities of the business entity.
 22        (5)  The secretary of state shall not accept for filing  from  any  person
 23    any  assumed  business  name  which  includes within its name any of the words
 24    "engineer," "engineering," "land surveyor," "land surveying," or any modifica-
 25    tion or derivation thereof, unless the board shall have issued a letter  indi-
 26    cating  that  the  person has a licensed professional in responsible charge of
 27    the professional activities of the sole proprietorship or business entity. The
 28    board may notify the secretary of state, in writing, that it waives any objec-
 29    tion to the name if the person is clearly not governed by  chapter  12,  title
 30    54, Idaho Code. The secretary of state shall not accept for filing the organi-
 31    zational  documents  of an Idaho business entity, or authorize the transaction
 32    of business by any foreign business entity which includes, among  objects  for
 33    which  it  is  established  or  within  its name, any of the words "engineer,"
 34    "engineering," "land surveyor," "land surveying," or any modification or deri-
 35    vation thereof, unless the board shall have issued for said applicant  a  cer-
 36    tificate  of  authorization  or  a  letter  indicating the eligibility of said
 37    applicant to receive such certificate. The board may notify the  secretary  of
 38    state,  in writing, that it waives any objection to the name or purpose of any
 39    business entity if it is clearly not governed by chapter 12, title  54,  Idaho
 40    Code.  The  business  entity applying shall include such certificate or letter
 41    from the board with any filings submitted to the secretary of state.

 42        SECTION 94.  That Section 54-1236, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:

 44        54-1236.  EXCLUSIVE  JURISDICTION  OF THE STATE -- RESTRICTION ON REQUIRE-
 45    MENT FOR ADDITIONAL LICENSES OR FEES.  (1)  Only  the  board  of  registration
 46    licensure  of  professional  engineers  and professional land surveyors of the
 47    state of Idaho is authorized and empowered to issue  licenses  to  persons  to
 48    practice the profession of engineering or land surveying.
 49        (2)  No  local jurisdiction shall have the authority to require additional
 50    licensure or to require payment of any fees  in  order  for  any  professional
 51    engineer  or  professional land surveyor to engage in the practice of the pro-
 52    fession for which the board has issued a license.

                                       76

  1        SECTION 95.  That Section 55-1603, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:

  3        55-1603.  DEFINITIONS.  Except  where  the  context  indicates a different
  4    meaning, terms used in this chapter shall be defined as follows:
  5        (1)  An "aAccessory to a corner" is  means  any  exclusively  identifiable
  6    physical object whose spatial relationship to the corner is recorded. Accesso-
  7    ries  may  be  bearing trees, bearing objects, monuments, reference monuments,
  8    line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes,  or
  9    other objects.
 10        (2)  "Adequate  evidence of the existence of a land survey monument" means
 11    the visual presence of the monument or existence of  a  federal  general  land
 12    office  or  bureau of land management plat on which the monument appears, or a
 13    recorded corner perpetuation and filing form as provided in this chapter, or a
 14    record of survey filed in accordance with chapter 19, title 55, Idaho Code, on
 15    which the monument appears, or a subdivision plat  filed  in  accordance  with
 16    chapter 13, title 50, Idaho Code, on which the monument appears.
 17        (3)  The  "bBoard" is means the board of registration licensure of profes-
 18    sional engineers and professional land surveyors.
 19        (43)  A "cCorner," unless otherwise defined, means a property corner, or a
 20    property controlling corner, or a public land survey corner, or  any  combina-
 21    tion of these.
 22        (54)  "Establish" means to determine the position of a corner either phys-
 23    ically or mathematically.
 24        (65)  A  "mMonument" is means a physical structure that occupies the exact
 25    position of a corner.
 26        (76)  A "pProfessional land surveyor" means any person who  is  authorized
 27    by the laws of this state to practice land surveying.
 28        (87)  A  "pProperty  controlling  corner" for a property is means a public
 29    land survey corner, or any property corner, which does not lie on  a  property
 30    line  of  the property in question, but which controls the location of one (1)
 31    or more of the property corners of the property in question.
 32        (98)  A "pProperty corner" is means a geographic point on the  surface  of
 33    the earth, and is on, a part of, and controls a property line.
 34        (109)  A  "pPublic  land survey corner" is means any point actually estab-
 35    lished and monumented in an original survey or resurvey  that  determines  the
 36    boundaries of remaining public lands, or public lands patented, represented on
 37    an  official  plat and in the field notes thereof, accepted and approved under
 38    authority delegated by congress to the U.S. general land office and  the  U.S.
 39    department of interior, bureau of land management.
 40        (110) A  "rReference  monument"  is means a special monument that does not
 41    occupy the same geographical position as the corner itself, but whose  spatial
 42    relationship  to  the corner is recorded, and which serves to witness the cor-
 43    ner.

 44        SECTION 96.  That Section 55-1608, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:

 46        55-1608.  PROFESSIONAL  LAND  SURVEYOR  TO RECONSTRUCT MONUMENTS. In every
 47    case where a corner record of a survey corner  is  required  to  be  filed  or
 48    recorded  under the provisions of this chapter, the professional land surveyor
 49    must reconstruct or rehabilitate the monument of such corner, and  accessories
 50    to  such  corner,  so that it will be as permanent a monument as is reasonably
 51    possible to provide and so that it may be located with facility at any time in
 52    the future.

                                       77

  1        Any monument set shall be permanently marked or tagged with  the  certifi-
  2    cate number of the professional land surveyor in responsible charge conform to
  3    the  provisions  of  section  54-1227, Idaho Code. If the monument is set by a
  4    public officer, it shall be marked by an appropriate official designation.

  5        SECTION 97.  That Section 55-1612, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:

  7        55-1612.  PENALTY.  Professional land surveyors failing to comply with the
  8    provisions hereof and professional engineers who prepare plans  which  do  not
  9    indicate  the  presence of corners for which adequate evidence exists shall be
 10    deemed to be within the purview of section 54-1220, Idaho Code, and  shall  be
 11    subject  to  disciplinary action as in said section provided. Any person shall
 12    be subject to the penalties prescribed in section 54-1234, Idaho Code, if they
 13    prepare plans for the construction of any facility and  construction  of  that
 14    facility  results  in  the  defacing,  injury or removal of a monument, if the
 15    plans they prepare do not indicate  the presence of a corner  or  corners  for
 16    which adequate evidence exists.

 17        SECTION  98.  That Section 55-1613, Idaho Code, be, and the same is hereby
 18    amended to read as follows:

 19        55-1613.  MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES --  PROCEDURE  --
 20    REQUIREMENTS.  When adequate evidence professional engineers prepare construc-
 21    tion documents for projects which may disturb land survey monuments,  a  field
 22    search  shall  be conducted by, or under the direction of, a professional land
 23    surveyor to determine whether monuments, reference monuments or accessories to
 24    corners physically exists as to at the location of, or referencing  the  loca-
 25    tion  of,  a public land survey corners, subdivision, tract, property control-
 26    ling corners or property, or other land corners,. Ssuch  monuments,  reference
 27    monuments  or  accessories  to  corners  shall be located and referenced by or
 28    under the direction of a professional land surveyor prior  to  the  time  when
 29    construction  or  other activities may disturb them. Such monuments, reference
 30    monuments or accessories to corners shall be  reestablished  and  remonumented
 31    by,  or under the direction of, a professional land surveyor at the expense of
 32    the agency or person causing the such loss or disturbance. of monuments.  Pro-
 33    fessional  engineers  who  prepare  plans  construction documents which do not
 34    indicate the presence existence of corners, for which adequate evidence exists
 35    monuments, reference monuments and accessories to corners shall be  deemed  to
 36    be  within the purview of section 54-1220, Idaho Code, and shall be subject to
 37    disciplinary action as provided in said section. Any person shall  be  subject
 38    to  the  penalties  prescribed in section 54-1234, Idaho Code, if they prepare
 39    plans construction documents for the construction of any facility which do not
 40    indicate the existence of monuments, reference monuments  and  accessories  to
 41    corners  and  construction of that facility results in the defacing, injury or
 42    removal of a monuments, if the plans they prepare do not indicate the presence
 43    of a corner or corners for which adequate evidence exists reference  monuments
 44    or accessories to corners.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                                                
                           RS 17387C2
                                                               
This legislation will substitute the term "license" for the terms
"registration" and "certification" when referencing professional licenses. It
will substitute the term "engineer intern" and "land surveyor intern" for the
terms "engineer in training" and "land surveyor in training" which are
obsolete terms in the national model law. It will allow the Board to
promulgate rules of continuing professional development as a condition of
renewal of engineering licenses. It will remove obsolete language regarding
record keeping of Board meetings and the annual report to the Governor. It
will require additional education and a minimum time sequence between exams
for a person who fails an examination a third or subsequent time. It will
allow the Board to waive prescriptive education and examination credentials
for an applicant who has been licensed for a minimum of eight (8) years in a
system which is comparable to ours. It will remove ambiguities with the
Administrative Procedures Act in regard to notification time periods. It will
increase the maximum Administrative Penalty from $2,000 to $5,000, which
penalty is deposited in the State General Fund. It will remove obsolete
language regarding re issuance or reinstatement of licenses. It will clarify
that the Attorney General prosecutes misdemeanor unlicensed practice
allegations. It will increase the minimum monument size for land survey
monuments from ˠinch by 2 feet long to 5/8 inch by 2 feet long. It will
require a metal cap or tag be placed on all land survey monuments. It will
clarify that professional engineers may perform non-boundary surveys. It will
remove obsolete language regarding oaths to assistants for the faithful
performance of duty. It will exempt professional land surveyors from trespass
prosecution if they follow certain notification procedures. It will
cross reference sections of Idaho Code in regard to minimum monument size. It
will clarify engineer s duty to identify land survey monuments on their plans
in order to allow for their preservation.


                           FISCAL NOTE

Change in terminology will necessitate changes in forms which will be
accomplished in house with existing personnel and an estimated cost of less
than $1,000. Change in terminology will necessitate changes in Administrative
Rules with an estimate of $2,300 in publication costs.





CONTACT

Name:     David Curtis
Agency:   Board of Engineers & Land Surveyors
Phone:    373-7210

                                                       
STATEMENT OF PURPOSE/FISCAL NOTE                                H 380