Text: HSB00548                          Text: HSB00550
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House Study Bill 549

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 542B.2, Code Supplement 1995, is
  1  2 amended to read as follows:
  1  3    542B.2  TERMS DEFINED DEFINITIONS.
  1  4    As used in this chapter, unless the context otherwise
  1  5 requires:
  1  6    1.  The "board" "Board" means the engineering and land
  1  7 surveying examining board provided created by this chapter.
  1  8    2.  The term "engineering "Engineering documents" as used
  1  9 in this chapter includes all plans, specifications, drawings,
  1 10 and reports, if the preparation of such documents constitutes
  1 11 or requires the practice of engineering.
  1 12    3.  The term "engineer "Engineer intern" as used in this
  1 13 chapter means a person who passes an examination in the
  1 14 fundamental engineering subjects, but does not entitle the
  1 15 person to claim to be a professional engineer.
  1 16    4.  The term "in "In responsible charge" as used in this
  1 17 chapter means having direct control of and personal
  1 18 supervision over any land surveying work or work involving the
  1 19 practice of engineering.  One or more persons, jointly or
  1 20 severally, may be in responsible charge.
  1 21    5.  The practice of "land surveying" within the meaning and
  1 22 intent of this chapter includes surveying of areas for their
  1 23 correct determination and description and for conveyancing, or
  1 24 for the establishment or re-establishment of land boundaries
  1 25 and the platting of lands and subdivisions thereof.
  1 26    6. 5.  The term "land "Land surveying documents" as used in
  1 27 this chapter includes all plats, maps, surveys, and reports,
  1 28 if the preparation thereof constitutes or requires the
  1 29 practice of land surveying.
  1 30    7. 6.  The term "land "Land surveyor" as used in this
  1 31 chapter shall mean means a person who engages in the practice
  1 32 of land surveying as hereinafter defined.
  1 33    8. 7.  "Practice of engineering" as used in this chapter
  1 34 means any service or creative work, the adequate performance
  1 35 of which requires engineering education, training, and
  2  1 experience in the application of special knowledge of the
  2  2 mathematical, physical, and engineering sciences, such as
  2  3 consultation, investigation, evaluation, planning, design and
  2  4 design coordination of engineering works and systems, planning
  2  5 the use of land and water, performing engineering surveys and
  2  6 studies, and the review of construction for the purpose of
  2  7 monitoring compliance with drawings and specifications, any of
  2  8 which embraces such services or creative work, either public
  2  9 or private, in connection with any utilities, structures,
  2 10 buildings, machines, equipment, processes, work systems,
  2 11 projects, and industrial or consumer products or equipment of
  2 12 a mechanical, electrical, hydraulic, pneumatic, or thermal
  2 13 nature, insofar as they involve safeguarding life, health, or
  2 14 property, and including such other professional services as
  2 15 may be necessary to the planning, progress, and completion of
  2 16 the services identified in this paragraph subsection.  "Design
  2 17 coordination" includes the review and coordination of
  2 18 technical submissions prepared by others, including as
  2 19 appropriate and without limitation, consulting engineers,
  2 20 architects, landscape architects, land surveyors, and other
  2 21 professionals working under the direction of the engineer.
  2 22 "Engineering surveys" includes all survey activities required
  2 23 to support the sound conception, planning, design,
  2 24 construction, maintenance, and operation of engineered
  2 25 projects, but excludes the surveying of real property for the
  2 26 establishment of land boundaries, rights-of-way, easements,
  2 27 and the dependent or independent surveys or resurveys of the
  2 28 public land survey system.
  2 29    A person is construed to be engaged in the practice of
  2 30 engineering if the person does any of the following:
  2 31    a.  Practices any branch of the profession of engineering.
  2 32    b.  Makes a representation by verbal claim, sign,
  2 33 advertisement, letterhead, card, or other manner that the
  2 34 person is a professional engineer.
  2 35    c.  Uses any title which implies that the person is a
  3  1 professional engineer or that the person is certified licensed
  3  2 under this chapter.
  3  3    d.  The person holds the person's self out as able to
  3  4 perform, or who does perform, any service or work included in
  3  5 the practice of engineering.
  3  6    8.  a.  "Practice of land surveying" includes providing
  3  7 professional services such as consultation, investigation,
  3  8 testimony, evaluation, planning, mapping, assembling, and
  3  9 interpreting reliable scientific measurements and information
  3 10 relative to the location, size, shape, or physical features of
  3 11 the earth, improvements on the earth, the space above the
  3 12 earth, or any part of the earth, and the utilization,
  3 13 development, and interpretation of these facts into an orderly
  3 14 survey map.  The practice of land surveying includes, but is
  3 15 not limited to, the following:
  3 16    (1)  Locating, relocating, establishing, reestablishing,
  3 17 laying out, or retracing any property line or boundary of any
  3 18 tract of land or any road, right-of-way, easement, alignment,
  3 19 or elevation of any of the fixed works embraced within the
  3 20 practice of professional engineering.
  3 21    (2)  Making any survey for the subdivision of any tract of
  3 22 land.
  3 23    (3)  Determination, by the use of the principles of land
  3 24 surveying, of the position for any survey monument or
  3 25 reference point, or setting, resetting, or replacing any
  3 26 survey monument or reference point.
  3 27    (4)  Determination of the configuration or contour of the
  3 28 earth's surface or the position of fixed objects on the
  3 29 earth's surface by measuring lines and angles and applying the
  3 30 principles of mathematics or photogrammetry.
  3 31    (5)  Geodetic surveying which includes surveying for
  3 32 determination of the size and shape of the earth both
  3 33 horizontally and vertically and the precise positioning of
  3 34 points on the earth utilizing angular and linear measurements
  3 35 through spatially oriented spherical geometry.
  4  1    (6)  Creation, preparation, or modification of electronic
  4  2 or computerized data, including land information systems and
  4  3 geographic information systems, relative to the performance of
  4  4 the activities identified in subparagraphs (1) through (5).
  4  5    b.  A person is construed to be engaged in or offering to
  4  6 be engaged in the practice of land surveying if the person
  4  7 does any of the following:
  4  8    (1)  Engages in land surveying.
  4  9    (2)  Makes a representation by verbal claim, sign,
  4 10 advertisement, letterhead, card, or other manner that the
  4 11 person is a land surveyor.
  4 12    (3)  The person uses any title which implies that the
  4 13 person is a land surveyor or that the person is licensed under
  4 14 this chapter.
  4 15    (4)  The person holds the person's self out as able to
  4 16 perform, or who does perform, any service or work included in
  4 17 the practice of land surveying.
  4 18    9.  The term "professional "Professional engineer" as used
  4 19 in this chapter means a person, who, by reason of the person's
  4 20 knowledge of mathematics, the physical sciences, and the
  4 21 principles of engineering, acquired by professional education
  4 22 or practical experience, is qualified to engage in the
  4 23 practice of engineering.
  4 24    Sec. 2.  Section 542B.7, Code 1995, is amended to read as
  4 25 follows:
  4 26    542B.7  ATTORNEY GENERAL TO ASSIST &endash; GENERAL POWERS.
  4 27    Such The board, or any committee thereof of the board,
  4 28 shall be entitled to the counsel and to the services of the
  4 29 attorney general, and shall have power to compel the
  4 30 attendance of witnesses, pay witness fees and mileage, and may
  4 31 take testimony and proofs and may administer oaths concerning
  4 32 any matter within its jurisdiction.
  4 33    Sec. 3.  Section 542B.16, Code 1995, is amended to read as
  4 34 follows:
  4 35    542B.16  SEAL &endash; CERTIFICATE OF RESPONSIBILITY &endash;
  5  1 REPRODUCTIONS.
  5  2    1.  Each registrant licensee, upon registration licensure,
  5  3 may shall obtain a seal.  If the registrant obtains or uses a
  5  4 seal, it shall be of a design approved by the board, bearing
  5  5 the registrant's licensee's name, Iowa registration license
  5  6 number, and the words "professional engineer" or "land
  5  7 surveyor" or both, as the case may be.  A legible rubber stamp
  5  8 or other facsimile of the seal may be used and shall have the
  5  9 same effect as the use of the actual seal.
  5 10    2.  All engineering documents and land surveying documents
  5 11 shall be dated and shall contain all of the following:  (1)
  5 12    a.  The signature of the registrant licensee in responsible
  5 13 charge; (2) a certificate.
  5 14    b.  A certification that the work was done by such
  5 15 registrant the licensee or under the registrant's licensee's
  5 16 direct personal supervision; and (3) the.
  5 17    c.  The Iowa registration number or legible seal of such
  5 18 registrant the licensee.
  5 19    If engineering documents or land surveying documents comply
  5 20 with this section, reproductions thereof also comply with this
  5 21 section if the date, signature, certificate, and registration
  5 22 number thereon are legibly reproduced.
  5 23    3.  No An agency, of this state and no subdivision, or
  5 24 municipal corporation of this state, nor any or an officer
  5 25 thereof of the state, subdivision, or municipal corporation,
  5 26 shall not file for record or approve any engineering document
  5 27 or land surveying document which does not comply with this
  5 28 section.
  5 29    4.  No registrant A licensee shall not place the
  5 30 registrant's licensee's signature or seal on any engineering
  5 31 document or land surveying document unless the registrant
  5 32 licensee was in responsible charge of the work, except that
  5 33 the registrant licensee may do so if the registrant licensee
  5 34 contributed to the work and the registrant licensee in
  5 35 responsible charge has signed and certified the work.
  6  1    5.  Violation of this section by a registrant licensee
  6  2 shall be deemed fraud and deceit in the registrant's
  6  3 licensee's practice.
  6  4    Sec. 4.  Sections 542B.3, 542B.10, 542B.11, 542B.18,
  6  5 542B.20, and 542B.35, Code 1995, are amended by striking from
  6  6 the sections the word "registered" and inserting in lieu
  6  7 thereof the word "licensed".
  6  8    Sec. 5.  Sections 542B.1 and 542B.26, Code Supplement 1995,
  6  9 are amended by striking from the section the word "registered"
  6 10 and inserting in lieu thereof the word "licensed".
  6 11    Sec. 6.  Section 542B.20, Code 1995, is amended by striking
  6 12 from the sections the word "registrant's" and inserting in
  6 13 lieu thereof the word "licensee's".
  6 14    Sec. 7.  Section 542B.21, Code Supplement 1995, is amended
  6 15 by striking from the section the word "registrant's" and
  6 16 inserting in lieu thereof the word "licensee's".
  6 17    Sec. 8.  Section 542B.18, Code 1995, is amended by striking
  6 18 from the sections the word "registrant" and inserting in lieu
  6 19 thereof the word "licensee".
  6 20    Sec. 9.  Section 542B.21, Code Supplement 1995, is amended
  6 21 by striking from the section the word "registrant" and
  6 22 inserting in lieu thereof the word "licensee".
  6 23    Sec. 10.  Sections 542B.6, 542B.10, 542B.11, 542B.15,
  6 24 542B.18, 542B.19, 542B.20, 542B.25, and 542B.30, Code 1995,
  6 25 are amended by striking from the sections the word
  6 26 "registration" and inserting in lieu thereof the word
  6 27 "licensure".
  6 28    Sec. 11.  Sections 542B.13, 542B.14, 542B.17, 542B.21, and
  6 29 542B.26, Code Supplement 1995, are amended by striking from
  6 30 the sections the word "registration" and inserting in lieu
  6 31 thereof the word "licensure".  
  6 32                           EXPLANATION
  6 33    This bill amends sections of chapter 542B which relates to
  6 34 the regulation of professional engineers and land surveyors.
  6 35    Section 542B.2 is amended by rewriting the definition of
  7  1 the practice of "land surveying".
  7  2    Section 542B.7 is amended by making stylistic changes.
  7  3    Section 542B.16 is amended by making stylistic changes,
  7  4 conforming changes relating to the licensure of professional
  7  5 engineers, and by striking language that provides that if an
  7  6 engineering or land surveying document complies with the
  7  7 requirements of section 542B.16, then reproductions are also
  7  8 deemed to be in compliance if the date, signature,
  7  9 certificate, and registration number are legibly reproduced.
  7 10    Sections 4 through 11 of the bill amend sections in chapter
  7 11 542B by striking the words "registered", "registrant's",
  7 12 "registrant", and "registration", and inserting the words
  7 13 "licensed", "licensee's", "licensee", and "licensure".  
  7 14                      BACKGROUND STATEMENT
  7 15                     SUBMITTED BY THE AGENCY
  7 16    Proposed changes to chapter 542B include the following:
  7 17    "Registration" to "licensure".  After studying the issue at
  7 18 both the national and state level, engineering licensing
  7 19 boards have determined that the term "registration" may be
  7 20 confused with the various certification programs offered by
  7 21 professional associations, which are not the same as
  7 22 licensing.  The term "license," as defined by Black's law
  7 23 dictionary clearly indicates permission by the appropriate
  7 24 authority to perform an act which without such permission
  7 25 would be illegal.  Since this definition of "license"
  7 26 accurately describes the authority to practice engineering or
  7 27 land surveying in Iowa law, a global change for all of chapter
  7 28 542B is proposed.  Both the national council of examiners for
  7 29 engineering and surveying (NCEES) and the national society of
  7 30 professional engineers (NSPE) have endorsed this change.  The
  7 31 NCEES formally adopted this language at its annual meeting in
  7 32 August 1995 and will modify its model licensing law and rules
  7 33 accordingly.  NSPE will use "license" in all new publications.
  7 34    Section 542B.2  Terms defined.  A new definition of the
  7 35 practice of land surveying is proposed.  The existing
  8  1 definition is very narrow and does not specifically recognize
  8  2 the evolution of technology as it pertains to land surveying.
  8  3 The new definition describes in detail the responsibilities of
  8  4 land surveyors as well as the knowledge required, including
  8  5 those needed to utilize new technology.  The language of the
  8  6 new definition was developed for the model law of the national
  8  7 council of examiners for engineering and surveying (NCEES) and
  8  8 adopted by the NCEES at its 1995 annual meeting.
  8  9    Section 542B.16  Sealing requirement.  Iowa currently does
  8 10 not require the use of a seal for engineering documents.
  8 11 Almost every other state requires a seal.  In addition, other
  8 12 Iowa design boards, such as the architectural board, require a
  8 13 seal.  This inconsistency has been confusing for the public
  8 14 and made it difficult for building code officials to enforce
  8 15 the law properly.  To remedy this situation, the seal would be
  8 16 made mandatory rather than optional for engineering documents.
  8 17 Iowa Code chapter 355 already makes the seal mandatory for
  8 18 land surveying documents.  
  8 19 LSB 3302DP 76
  8 20 mj/sc/14.1
     

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