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Text: HF00255                           Text: HF00257
Text: HF00200 - HF00299                 Text: HF Index
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House File 256

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 542B.1, Code 1995, is amended to read
  1  2 as follows:
  1  3    542B.1  REGISTERED ENGINEERS AND SURVEYORS.
  1  4    No A person shall not engage in the practice professional
  1  5 of engineering or land surveying in the state unless the
  1  6 person is a registered professional engineer or a registered
  1  7 land surveyor as provided in this chapter, except as permitted
  1  8 by section 542B.26.
  1  9    Sec. 2.  Section 542B.2, unnumbered paragraphs 2, 4, and 8,
  1 10 Code 1995, are amended to read as follows:
  1 11    The term "engineering documents" as used in this chapter
  1 12 includes all plans, specifications, drawings, and reports, if
  1 13 the preparation thereof of such documents constitutes or
  1 14 requires the practice of professional engineering.
  1 15    The term "in responsible charge" as used in this chapter
  1 16 means having direct control of and personal supervision over
  1 17 any professional engineering work or land surveying work or
  1 18 work involving the practice of engineering.  One or more
  1 19 persons, jointly or severally, may be in responsible charge.
  1 20    The term "professional engineer" as used in this chapter
  1 21 shall mean means a person, who, by reason of the person's
  1 22 knowledge of mathematics, the physical sciences, and the
  1 23 principles of engineering, acquired by professional education
  1 24 or practical experience, is qualified to engage in the
  1 25 practice of engineering practice as hereinafter defined.
  1 26    Sec. 3.  Section 542B.2, unnumbered paragraphs 9 and 10,
  1 27 Code 1995, are amended by striking the paragraphs and
  1 28 inserting in lieu thereof the following:
  1 29    NEW UNNUMBERED PARAGRAPH.  "Practice of engineering" as
  1 30 used in this chapter means any service or creative work, the
  1 31 adequate performance of which requires engineering education,
  1 32 training, and experience in the application of special
  1 33 knowledge of the mathematical, physical, and engineering
  1 34 sciences, such as consultation, investigation, evaluation,
  1 35 planning, design and design coordination of engineering works
  2  1 and systems, planning the use of land and water, performing
  2  2 engineering surveys and studies, and the review of
  2  3 construction for the purpose of monitoring compliance with
  2  4 drawings and specifications, any of which embraces such
  2  5 services or creative work, either public or private, in
  2  6 connection with any utilities, structures, buildings,
  2  7 machines, equipment, processes, work systems, projects, and
  2  8 industrial or consumer products or equipment of a mechanical,
  2  9 electrical, hydraulic, pneumatic, or thermal nature, insofar
  2 10 as they involve safeguarding life, health, or property, and
  2 11 including such other professional services as may be necessary
  2 12 to the planning, progress, and completion of the services
  2 13 identified in this paragraph.  "Design coordination" includes
  2 14 the review and coordination of technical submissions prepared
  2 15 by others, including as appropriate and without limitation,
  2 16 consulting engineers, architects, landscape architects, land
  2 17 surveyors, and other professionals working under the direction
  2 18 of the engineer.  "Engineering surveys" includes all survey
  2 19 activities required to support the sound conception, planning,
  2 20 design, construction, maintenance, and operation of engineered
  2 21 projects, but excludes the surveying of real property for the
  2 22 establishment of land boundaries, rights-of-way, easements,
  2 23 and the dependent or independent surveys or resurveys of the
  2 24 public land survey system.
  2 25    A person is construed to be engaged in the practice of
  2 26 engineering if the person does any of the following:
  2 27    1.  Practices any branch of the profession of engineering.
  2 28    2.  Makes a representation by verbal claim, sign,
  2 29 advertisement, letterhead, card, or other manner that the
  2 30 person is a professional engineer.
  2 31    3.  Uses any title which implies that the person is a
  2 32 professional engineer or that the person is certified under
  2 33 this chapter.
  2 34    4.  The person holds themself out as able to perform, or
  2 35 who does perform, any service or work included in the practice
  3  1 of engineering.
  3  2    Sec. 4.  Section 542B.13, Code 1995, is amended to read as
  3  3 follows:
  3  4    542B.13  APPLICATIONS AND EXAMINATION FEES.
  3  5    Applications for registration shall be on forms prescribed
  3  6 and furnished by the board, shall contain statements made
  3  7 under oath, showing the applicant's education and a detailed
  3  8 summary of the applicant's technical work, and the board shall
  3  9 not require that a recent photograph of the applicant be
  3 10 attached to the application form.  An applicant is not
  3 11 ineligible for registration because of age, citizenship, sex,
  3 12 race, religion, marital status or national origin, although
  3 13 the application form may require citizenship information.  The
  3 14 board may consider the past felony record of an applicant only
  3 15 if the felony conviction relates directly to the practice of
  3 16 engineering or land surveying.  The board may require that an
  3 17 applicant submit references.  Applications for examination in
  3 18 fundamentals in professional the practice of engineering and
  3 19 land surveying shall be accompanied by application fees
  3 20 determined by the board.  The board shall determine the annual
  3 21 cost of administering the examinations and shall set the fees
  3 22 accordingly.
  3 23    Sec. 5.  Section 542B.14, subsection 1, paragraph d, Code
  3 24 1995, is amended to read as follows:
  3 25    d.  Successfully passing a written, oral, or written and
  3 26 oral examination designed to determine the proficiency and
  3 27 qualifications to engage in the practice of professional
  3 28 engineering.  No applicant shall be entitled to take this
  3 29 examination until the applicant shows the necessary practical
  3 30 experience in engineering work.
  3 31    Sec. 6.  Section 542B.17, Code 1995, is amended to read as
  3 32 follows:
  3 33    542B.17  CERTIFICATE.
  3 34    To any applicant who shall have passed the examination as a
  3 35 professional engineer and who shall have paid an additional
  4  1 fee, the The board shall issue a certificate of registration
  4  2 as a professional engineer to an applicant who has passed the
  4  3 examination as a professional engineer and who has paid an
  4  4 additional fee.  The certificate shall be signed by the
  4  5 chairperson and secretary of the board under the seal of such
  4  6 the board, which.  The certificate shall authorize the
  4  7 applicant to engage in the practice professional of
  4  8 engineering as defined in this chapter.  The amount of the fee
  4  9 shall be determined by the board pursuant to sections 542B.30
  4 10 to 542B.32.  Such The certificate shall not carry with it the
  4 11 right to practice land surveying, unless specifically so
  4 12 stated in said on the certificate, which permission shall be
  4 13 granted by the board without additional fee in cases where the
  4 14 applicant duly qualifies as a land surveyor as prescribed by
  4 15 the rules of said the board.
  4 16    Sec. 7.  Section 542B.21, subsection 5, Code 1995, is
  4 17 amended to read as follows:
  4 18    5.  Conviction of a felony related to the profession or
  4 19 occupation of the registrant or the conviction of any felony
  4 20 that would affect the registrant's ability to practice
  4 21 professional engineering or land surveying under the laws of
  4 22 the United States, of any state or possession of the United
  4 23 States, or of any other country.  A copy of the record of
  4 24 conviction or plea of guilty is conclusive evidence.
  4 25    Sec. 8.  Section 542B.21, Code 1995, is amended by adding
  4 26 the following new subsection:
  4 27    NEW SUBSECTION.  5A.  Revocation or suspension of
  4 28 registration to engage in the practice of engineering or land
  4 29 surveying, or other disciplinary action by the licensing
  4 30 authority of another state, territory, or country.  A
  4 31 certified copy of the record or order of suspension,
  4 32 revocation, or other disciplinary action is prima facie
  4 33 evidence of such fact.
  4 34    Sec. 9.  Section 542B.26, Code 1995, is amended to read as
  4 35 follows:
  5  1    542B.26  APPLICABILITY OF CHAPTER.
  5  2    This chapter shall not apply to any full-time employee of
  5  3 any corporation while doing work for that corporation, except
  5  4 in the case of corporations offering their services to the
  5  5 public as professional engineers or land surveyors.
  5  6    Corporations engaged in designing buildings or works for
  5  7 public or private interests not their own shall be deemed to
  5  8 be engaged in the practice professional of engineering within
  5  9 the meaning of this chapter.  With respect to such
  5 10 corporations all principal designing or constructing engineers
  5 11 shall hold certificates of registration hereunder issued under
  5 12 this chapter.  This chapter shall not apply to corporations
  5 13 engaged solely in constructing buildings and works.
  5 14    This chapter shall not apply to any professional engineer
  5 15 or land surveyor working for the United States government, nor
  5 16 to any professional engineer or land surveyor employed as an
  5 17 assistant to a professional engineer or land surveyor
  5 18 registered under this chapter if such assistant is not placed
  5 19 in responsible charge of any professional work involving the
  5 20 practice of engineering or land surveying work, nor to the
  5 21 operation and/or or maintenance of power and mechanical plants
  5 22 or systems.  
  5 23 HF 256
  5 24 mj/pk/25
     
Text: HF00255                           Text: HF00257
Text: HF00200 - HF00299                 Text: HF Index
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