H.F. 2276 Section 1. Section 354.2, subsections 15, 18, and 19, Code 1 2011, are amended to read as follows: 2 15. “Plat of survey” means the graphical representation of a 3 survey of one or more parcels of land, including a complete and 4 accurate description of each parcel within the plat, prepared 5 by a registered licensed professional land surveyor. 6 18. “Subdivision plat” means the graphical representation 7 of the subdivision of land, prepared by a registered licensed 8 professional land surveyor, having a number or letter 9 designation for each lot within the plat and a succinct name or 10 title that is unique for the county where the land is located. 11 19. “Surveyor” means a registered licensed professional land 12 surveyor who engages in the practice of land surveying pursuant 13 to chapter 542B . 14 Sec. 2. Section 354.4, subsection 3, paragraph c, Code 2011, 15 is amended to read as follows: 16 c. The plat shall be signed and dated by a surveyor, bear 17 the surveyor’s Iowa registration license number and legible 18 seal, and shall show a north arrow and bar scale. 19 Sec. 3. Section 355.1, subsections 9, 11, and 12, Code 2011, 20 are amended to read as follows: 21 9. “Plat of survey” means a graphical representation of a 22 survey of one or more parcels of land, including a complete and 23 accurate description of each parcel within the plat, prepared 24 by a registered licensed professional land surveyor. 25 11. “Subdivision plat” means a graphical representation 26 of the subdivision of land, prepared by a registered licensed 27 professional land surveyor, having a number or letter 28 designation for each lot within the plat and a succinct name or 29 title that is unique for the county where the land is located. 30 12. “Surveyor” means a registered licensed professional land 31 surveyor who engages in the practice of land surveying pursuant 32 to chapter 542B . 33 Sec. 4. Section 355.6, subsection 1, Code 2011, is amended 34 to read as follows: 35 -1- LSB 5132HV (2) 84 rn/sc 1/ 12

H.F. 2276 1. The surveyor shall confirm the prior establishment of 1 control monuments at each controlling corner on the boundaries 2 of the parcel or tract of land being surveyed. If no control 3 monuments exist, the surveyor shall place the monuments. 4 Control monuments shall be constructed of reasonably permanent 5 material solidly embedded in the ground and capable of being 6 detected by commonly used magnetic or electronic equipment. 7 The surveyor shall affix a cap of reasonably inert material 8 bearing an embossed or stencil cut marking of the Iowa 9 registration license number of the surveyor to the top of each 10 monument which the surveyor places. 11 Sec. 5. Section 355.7, subsection 15, Code 2011, is amended 12 to read as follows: 13 15. The plat shall contain a statement by a surveyor that 14 the work was done and the plat was prepared by the surveyor 15 or under the surveyor’s direct personal supervision, shall be 16 signed and dated by the surveyor, and shall bear the surveyor’s 17 Iowa registration license number and legible seal. 18 Sec. 6. Section 355.8, subsection 21, Code 2011, is amended 19 to read as follows: 20 21. The plat shall be accompanied by a description of 21 the land included in the subdivision and shall contain a 22 statement by the surveyor that the work was done and the plat 23 was prepared by the surveyor or under the surveyor’s direct 24 personal supervision and shall be signed and dated by the 25 surveyor and bear the surveyor’s Iowa registration license 26 number and legible seal. 27 Sec. 7. Section 355.11, subsection 2, paragraph f, Code 28 2011, is amended to read as follows: 29 f. The certificate shall contain a statement by the surveyor 30 that the work was done and the certificate was prepared by the 31 surveyor or under the surveyor’s direct personal supervision 32 and shall be signed and dated by the surveyor and bear the 33 surveyor’s Iowa registration license number and seal. 34 Sec. 8. Section 468.3, Code 2011, is amended by adding the 35 -2- LSB 5132HV (2) 84 rn/sc 2/ 12

H.F. 2276 following new subsection: 1 NEW SUBSECTION . 6A. The term “land surveyor” shall mean 2 a person licensed as a professional land surveyor under the 3 provisions of chapter 542B. 4 Sec. 9. Section 523I.314A, subsection 2, Code 2011, is 5 amended to read as follows: 6 2. Prior to the sale of interment rights in an undeveloped 7 area of a cemetery, internal reference markers shall be 8 installed and maintained no more than one hundred feet apart. 9 The internal reference markers shall be established with 10 reference to survey markers that are no more than two hundred 11 feet apart, have been set by a licensed professional land 12 surveyor and mapper , and have been documented in a land plat 13 of survey. Both the map and the land plat of survey shall be 14 maintained by the cemetery and made available upon request to 15 the commissioner and to members of the public. 16 Sec. 10. Section 542B.1, Code 2011, is amended to read as 17 follows: 18 542B.1 Licensed engineers and surveyors. 19 A person shall not engage in the practice of engineering or 20 land surveying in the state unless the person is a licensed 21 professional engineer or a licensed professional land surveyor 22 as provided in this chapter , except as permitted by section 23 542B.26 . 24 Sec. 11. Section 542B.2, subsections 7 and 9, Code 2011, are 25 amended to read as follows: 26 7. The term “land surveyor” as used in this chapter shall 27 mean a person who engages in the practice of professional land 28 surveying as defined in this section . Unless the context 29 otherwise requires, any reference in this chapter to “land 30 surveyor” or “land surveying” means “professional land surveyor” 31 or “professional land surveying” . 32 9. The term “professional engineer” as used in this chapter 33 means a person, who, by reason of the person’s knowledge 34 of mathematics, the physical sciences, and the principles 35 -3- LSB 5132HV (2) 84 rn/sc 3/ 12

H.F. 2276 of engineering, acquired by professional education or 1 practical experience, is qualified to engage in the practice 2 of engineering. Unless the context otherwise requires, any 3 reference in this chapter to “engineer” or “engineering ” means 4 “professional engineer” or “professional engineering” . 5 Sec. 12. Section 542B.3, Code 2011, is amended to read as 6 follows: 7 542B.3 Engineering and land surveying examining board 8 created. 9 An engineering and land surveying examining board is created 10 within the professional licensing and regulation bureau of 11 the banking division of the department of commerce. The 12 board consists of four members who are licensed professional 13 engineers, one member who is a licensed professional land 14 surveyor or a professional engineer who is also a licensed 15 professional land surveyor, and two members who are not 16 licensed professional engineers or licensed professional land 17 surveyors and who shall represent the general public. Members 18 shall be appointed by the governor subject to confirmation by 19 the senate. A licensed member shall be actively engaged in the 20 practice of engineering or land surveying and shall have been 21 so engaged for five years preceding the appointment, the last 22 two of which shall have been in Iowa. Insofar as practicable, 23 licensed engineer members of the board shall be from different 24 branches of the profession of engineering. Professional 25 associations or societies composed of licensed engineers or 26 licensed land surveyors may recommend the names of potential 27 board members whose profession is representative of that 28 association or society to the governor. However, the governor 29 is not bound by the recommendations. A board member shall not 30 be required to be a member of any professional association or 31 society composed of professional engineers or professional land 32 surveyors. 33 Sec. 13. Section 542B.11, Code 2011, is amended to read as 34 follows: 35 -4- LSB 5132HV (2) 84 rn/sc 4/ 12

H.F. 2276 542B.11 Staff —— duties. 1 The staff shall keep on file a record of all certificates 2 of licensure granted and shall make annual revisions of the 3 record as necessary. In revising the record the staff shall 4 communicate biennially by mail with every professional engineer 5 and surveyor licensed under this chapter , as provided in 6 section 542B.18 . 7 Sec. 14. Section 542B.14, unnumbered paragraph 1, Code 8 2011, is amended to read as follows: 9 Each applicant for licensure as a professional engineer or 10 professional land surveyor shall have all of the following 11 requirements, respectively, to wit: 12 Sec. 15. Section 542B.14, subsection 2, unnumbered 13 paragraph 1, Code 2011, is amended to read as follows: 14 As a professional land surveyor: 15 Sec. 16. Section 542B.16, subsection 1, Code 2011, is 16 amended to read as follows: 17 1. Each licensee, upon licensure, shall obtain a seal of a 18 design approved by the board, bearing the licensee’s name, Iowa 19 license number, and the words “professional engineer” or “land 20 ”professional land surveyor“ or both, as the case may be. A 21 legible rubber stamp or other facsimile of the seal may be used 22 and shall have the same effect as the use of the actual seal. 23 Sec. 17. Section 542B.17, Code 2011, is amended to read as 24 follows: 25 542B.17 Certificate Engineer’s certificate . 26 The board shall issue a certificate of licensure as a 27 professional engineer to an applicant who has passed the 28 examination as a professional engineer and who has paid 29 an additional fee. The certificate shall be signed by the 30 chairperson and secretary of the board under the seal of the 31 board. The certificate shall authorize the applicant to engage 32 in the practice of engineering. The certificate shall not 33 carry with it the right to practice land surveying, unless 34 specifically so stated on the certificate, which permission 35 -5- LSB 5132HV (2) 84 rn/sc 5/ 12

H.F. 2276 shall be granted by the board without additional fee in cases 1 where the applicant duly qualifies as a professional land 2 surveyor as prescribed by the rules of the board. 3 Sec. 18. Section 542B.18, Code 2011, is amended to read as 4 follows: 5 542B.18 Expirations and renewals. 6 Certificates of licensure shall expire in multiyear 7 intervals as determined by the board. It shall be the 8 duty of the secretary of the board to notify every person 9 licensed under this chapter , of the date of expiration of the 10 certificate and the amount of the fee that shall be required 11 for its renewal; such notice shall be mailed at least one month 12 in advance of the date of the expiration of the certificate. 13 Renewal may be effected by the payment of a fee the amount of 14 which shall be determined by the board. The failure on the 15 part of any licensee to renew a certificate in the month of 16 expiration as required above shall not deprive a person of the 17 right of renewal. A person who fails to renew a certificate 18 by the expiration date shall be allowed to do so within thirty 19 days following its expiration, but the board may assess a 20 reasonable penalty. For the duration of any war in which the 21 United States is engaged the board may, in its discretion, 22 defer the collection of renewal fees without penalty, which 23 have or may become due from licensed professional engineers 24 who are employed in the war effort, and residing outside the 25 state, or who are members of the armed forces of the United 26 States, and may renew the engineering certificates of licensed 27 professional engineers. 28 Sec. 19. Section 542B.19, Code 2011, is amended to read as 29 follows: 30 542B.19 Land surveyor’s certificate. 31 To any applicant who shall have passed the examination 32 as a professional land surveyor and who shall have paid an 33 additional fee as set by the board, the board shall issue 34 a certificate of licensure signed by its chairperson and 35 -6- LSB 5132HV (2) 84 rn/sc 6/ 12

H.F. 2276 secretary under the seal of the board, which certificate shall 1 authorize the applicant to practice land surveying as defined 2 in this chapter and to administer oaths to assistants and to 3 witnesses produced for examination, with reference to facts 4 connected with land surveys being made by such professional 5 land surveyor. 6 Sec. 20. Section 542B.20, unnumbered paragraph 1, Code 7 2011, is amended to read as follows: 8 A person holding a certificate of licensure as a 9 professional engineer or professional land surveyor issued to 10 the person by a proper authority of a state, territory, or 11 possession of the United States, the District of Columbia, 12 or of any foreign country, based on requirements and 13 qualifications, in the opinion of the board equal to or higher 14 than the requirements of this chapter , may be licensed without 15 further examination. 16 Sec. 21. Section 542B.24, Code 2011, is amended to read as 17 follows: 18 542B.24 Injunction. 19 Any person who is not legally authorized to practice in this 20 state according to the provisions of this chapter , and shall 21 practice, or shall in connection with the person’s name use 22 any designation tending to imply or designate the person as a 23 professional engineer or professional land surveyor, may be 24 restrained by permanent injunction. 25 Sec. 22. Section 542B.26, Code 2011, is amended to read as 26 follows: 27 542B.26 Applicability of chapter. 28 1. a. This chapter shall not apply to any full-time 29 employee of any corporation while doing work for that 30 corporation, except in the case of corporations offering 31 their services to the public as professional engineers or 32 professional land surveyors. 33 b. Corporations engaged in designing buildings or works for 34 public or private interests not their own shall be deemed to be 35 -7- LSB 5132HV (2) 84 rn/sc 7/ 12

H.F. 2276 engaged in the practice of engineering within the meaning of 1 this chapter . With respect to such corporations all principal 2 designing or constructing engineers shall hold certificates of 3 licensure issued under this chapter . This chapter shall not 4 apply to corporations engaged solely in constructing buildings 5 and works. 6 2. This chapter shall not apply to any professional engineer 7 or professional land surveyor working for the United States 8 government, nor to any professional engineer or professional 9 land surveyor employed as an assistant to a professional 10 engineer or professional land surveyor licensed under this 11 chapter if such assistant is not placed in responsible charge 12 of any work involving the practice of engineering or land 13 surveying work, nor to the operation or maintenance of power 14 and mechanical plants or systems. 15 Sec. 23. Section 542B.27, subsection 1, Code 2011, is 16 amended to read as follows: 17 1. In addition to any other penalties provided for in this 18 chapter , the board may by order impose a civil penalty upon a 19 person who is not licensed under this chapter as a professional 20 engineer or a professional land surveyor and who does any of 21 the following: 22 a. Engages in or offers to engage in the practice of 23 professional engineering or professional land surveying. 24 b. Uses or employs the words ”professional engineer“ or 25 ”land “professional land surveyor”, or implies authorization 26 to provide or offer professional engineering or professional 27 land surveying services, or otherwise uses or advertises any 28 title, word, figure, sign, card, advertisement, or other symbol 29 or description tending to convey the impression that the person 30 is a professional engineer or professional land surveyor or 31 is engaged in the practice of professional engineering or 32 professional land surveying. 33 c. Presents or attempts to use the certificate of licensure 34 or the seal of a professional engineer or professional land 35 -8- LSB 5132HV (2) 84 rn/sc 8/ 12

H.F. 2276 surveyor. 1 d. Gives false or forged evidence of any kind to the board 2 or any member of the board in obtaining or attempting to obtain 3 a certificate of licensure. 4 e. Falsely impersonates any licensed professional engineer 5 or professional land surveyor. 6 f. Uses or attempts to use an expired, suspended, revoked, 7 or nonexistent certificate of licensure. 8 g. Knowingly aids or abets an unlicensed person who engages 9 in any activity identified in this subsection . 10 Sec. 24. Section 542B.35, subsection 2, paragraph c, Code 11 2011, is amended to read as follows: 12 c. A person who completes the real property inspection 13 report shall not claim to be a licensed professional land 14 surveyor or a licensed professional engineer for purposes of 15 the report. 16 Sec. 25. Section 543C.2, subsection 5, Code 2011, is amended 17 to read as follows: 18 5. The complete description of the land offered for 19 subdivision by lots, plots, blocks, or sales, with or 20 without streets, together with plats certified to by a duly 21 registered licensed professional land surveyor accompanied by a 22 certificate attached thereto showing the date of the completion 23 of the survey and of the making of the plat and the name of the 24 subdivision for the purpose of identification of the subdivided 25 land or any part thereof. 26 Sec. 26. Section 544A.10, Code 2011, is amended to read as 27 follows: 28 544A.10 Renewals. 29 Certificates of registration expire in multiyear intervals 30 as determined by the board. Registered architects shall renew 31 their certificates of registration and pay a renewal fee in 32 the manner prescribed by the board. The board shall prescribe 33 the conditions and reasonable penalties for renewal after a 34 certificate’s expiration date. 35 -9- LSB 5132HV (2) 84 rn/sc 9/ 12

H.F. 2276 Sec. 27. Section 544B.12, Code 2011, is amended to read as 1 follows: 2 544B.12 Seal. 3 Every professional landscape architect shall have a seal, 4 approved by the board, which shall contain the name of the 5 landscape architect and the words “Professional Landscape 6 Architect, State of Iowa”, and such other words or figures as 7 the board may deem necessary. All landscape architectural 8 plans and specifications, prepared by such professional 9 landscape architect or under the supervision of such 10 professional landscape architect, shall be dated and bear the 11 legible seal of such professional landscape architect. Nothing 12 contained in this section shall be construed to permit the seal 13 of a professional landscape architect to serve as a substitute 14 for the seal of a registered architect, a licensed professional 15 engineer, or a licensed professional land surveyor whenever the 16 seal of an architect, engineer, or land surveyor is required 17 under the laws of this state. 18 Sec. 28. Section 544B.13, Code 2011, is amended to read as 19 follows: 20 544B.13 Renewals. 21 Certificates of licensure shall expire in multiyear 22 intervals as determined by the board. Professional landscape 23 architects shall renew their certificates of licensure and pay 24 a renewal fee in the manner and amount prescribed by the board. 25 A person who fails to renew a certificate by the expiration 26 date shall be allowed to do so within thirty days following its 27 expiration, but the board may assess a reasonable penalty. 28 Sec. 29. Section 544B.20, subsection 4, Code 2011, is 29 amended to read as follows: 30 4. To affect or prevent the practice of land surveying by a 31 professional land surveyor registered licensed under the laws 32 of this state. 33 Sec. 30. Section 558A.4, subsection 1, paragraph b, Code 34 Supplement 2011, is amended to read as follows: 35 -10- LSB 5132HV (2) 84 rn/sc 10/ 12

H.F. 2276 b. The disclosure statement may include a report or written 1 opinion prepared by a person qualified to make judgment based 2 on education or experience, as provided by rules adopted by 3 the commission, including but not limited to a professional 4 land surveyor licensed pursuant to chapter 542B , a geologist, a 5 structural pest control operator licensed pursuant to section 6 206.6 , or a building contractor. The report or opinion on a 7 matter within the scope of the person’s practice, profession, 8 or expertise shall satisfy the requirements of this section or 9 rules adopted by the commission regarding that matter required 10 to be disclosed. If the report or opinion is in response 11 to a request made for purposes of satisfying the disclosure 12 statement, the report or opinion shall indicate which part of 13 the disclosure statement the report or opinion satisfies. 14 Sec. 31. Section 568.15, Code 2011, is amended to read as 15 follows: 16 568.15 How constituted. 17 The members of the commission shall be selected with 18 reference to their fitness for the duties required and at least 19 one of them shall be a competent licensed professional land 20 surveyor and competent licensed professional civil engineer. 21 Sec. 32. Section 622.42, Code 2011, is amended to read as 22 follows: 23 622.42 Field notes and plats. 24 A copy of the field notes of any licensed professional 25 land surveyor, or a plat made by the surveyor and certified 26 under oath as correct, may be received as evidence to show the 27 shape or dimensions of a tract of land, or any other fact the 28 ascertainment of which requires the exercise of scientific 29 skill or calculation only. 30 Sec. 33. Section 633.249, Code 2011, is amended to read as 31 follows: 32 633.249 Mode of setting off share in real estate. 33 The referees may employ a licensed professional land 34 surveyor, and may cause the shares in real estate to be set off 35 -11- LSB 5132HV (2) 84 rn/sc 11/ 12

H.F. 2276 by legally sufficient land descriptions. They shall make a 1 report of their proceedings to the court as early as reasonably 2 possible. 3 Sec. 34. Section 650.7, Code 2011, is amended to read as 4 follows: 5 650.7 Commission. 6 The court in which said the action is brought shall appoint 7 a commission of one or more disinterested licensed professional 8 land surveyors, who shall, at a date and place fixed by the 9 court in the order of appointment, proceed to locate the lost, 10 destroyed, or disputed corners and boundaries. 11 EXPLANATION 12 This bill relates to matters under the purview of the 13 professional licensing and regulation bureau of the banking 14 division of the department of commerce. 15 The bill updates provisions relating to land surveyors and 16 the practice of land surveying. The bill deletes outdated 17 references to “registered” land surveyors, substituting instead 18 the more current and accurate “licensed” land surveyors. 19 Additionally, to ensure consistency regarding references to 20 “professional engineers” or “licensed professional engineers”, 21 the bill makes corresponding references to “professional land 22 surveyors” or “licensed professional land surveyors” where 23 appropriate. 24 The bill removes provisions relating to staff communication 25 by mail with professional engineers and land surveyors 26 regarding licensure status and removes references to 27 license expiration in multiyear intervals in connection 28 with professional engineers and land surveyors, registered 29 architects, and landscape architects. 30 -12- LSB 5132HV (2) 84 rn/sc 12/ 12