Bill Summary – FastDemocracy

8134.01000
     Sixty-eighth
     Legislative Assembly                   HOUSE BILL NO. 1104
     of North Dakota
     Introduced by
       Industry, Business and Labor Committee
       (At the request of the State Board of Registration for Professional Engineers and Land
       Surveyors)
  A BILL for an Act to amend and reenact sections 43-19.1-02, 43-19.1-09, 43-19.1-10,
  43-19.1-11, 43-19.1-14, 43-19.1-15, 43-19.1-18, 43-19.1-19, 43-19.1-20, 43-19.1-22,
  43-19.1-24, 43-19.1-26, and 43-19.1-31 of the North Dakota Century Code, relating to the
  registration and regulation of professional engineers and land surveyors.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 43-19.1-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      43-19.1-02. Definitions.
      In this chapter unless the context otherwise requires:
     1.   "Board" means the state board of registration for professional engineers and land
          surveyors.
     2.   "Engineer" means a professional engineer.
     3.   "Engineer intern" means an individual who complies with the requirements for
          education, experience, and character and who has passed an examination in the
          fundamental engineering subjects, as provided in sections 43-19.1-12 and 43-19.1-15.
     4.   "Engineering surveys" means all survey activities required to support the sound
          conception, planning, design, construction, maintenance, and operation of engineered
          projects, which include locating or laying out alignments, positions, or elevations for
          the construction of fixed works. The term does not include the surveying of real
          property for the establishment of land boundaries, rights of way, easements, and the
          dependent or independent surveys or resurveys of the public land survey system.
     5.   "Executive director" means the individual hired by the board to perform the duties
          outlined in this chapter or such other duties as directed by the board.
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      6.   "Land surveyor" means an individual engaged in the practice of land surveying.
    6.7.   "Land surveyor intern" means an individual who complies with the requirements for
           education, experience, and character and who has passed an examination in the
           fundamentals of mathematics and the basic principles of land surveying as required in
           this chapter and as established by the board.
    7.8.   "Practice of engineering and practice of professional engineering" means any service
           or creative work, the adequate performance of which requires engineering education,
           training, and experience in the application of special knowledge of the mathematical,
           physical, and engineering sciences to such services or creative work as consultation,
          investigation, evaluation, planning and design of engineering works and systems,
          engineering teaching of advanced engineering subjects or courses related thereto,
          engineering surveys, and the inspection of construction for the purpose of assuring
          compliance with drawings and specifications; any of which embraces such service or
          work, either public or private, in connection with any utilities, structures, buildings,
          machines, equipment, processes, work systems, or projects as are incidental to the
          practice of engineering. A person must be construed to practice or offer to practice
          engineering if the person practices any branch of the profession of engineering; if the
          person, by verbal claim, sign, advertisement, letterhead, card, or in any other way
          represents that the person is an engineer and is able to practice engineering in this
          state if the person through the use of some other title implies that the person is an
          engineer or that the person is registered under this chapter; or if the person holds out
          as able to perform, or does perform any engineering service or work or any other
          service that is recognized as engineering, for a valuable consideration for others,
          including the public at large.
   8.9.   "Practice of land surveying":
          a.   Means making land boundary determinations by providing or offering to provide
               professional services using such sciences as mathematics, geodesy, and
               photogrammetry and involving the making of geometric measurements and
               gathering related information pertaining to the physical or legal features of the
               earth; improvements on the earth; and improvements on the space above, on, or
               below the earth and providing, utilizing, or developing the same into land survey
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                products such as graphics, data, maps, plans, reports, descriptions, or projects.
                As used in this subsection, professional services include acts of consultation,
                investigation, testimony evaluation, expert technical testimony, planning,
                mapping, assembling, and interpreting gathered measurements and information
                related to any one or more of the following:
                (1)   Determining by measurement the configuration or contour of the earth's
                      surface or the position of fixed objects on the earth's surface;
                (2)   Determining by performing geodetic land surveys the size and shape of the
                      earth or the position of any point on the earth;
               (3)   Locating, relocating, establishing, re-establishing, or retracing property lines
                     or boundaries of any tract of land, road, right of way, or easement;
               (4)   Making any land survey for the division, subdivision, or consolidation of any
                     tract of land;
               (5)   Locating or laying out alignments, positions, or elevations for the
                     construction of fixed works;
               (6)   Determining by the use of principles of land surveying the position for any
                     survey monument, boundary or nonboundary, or reference point and
                     establishing or replacing any such monument or reference point; and
               (7)   Creating, preparing, or modifying electronic or computerized or other data
                     for the purpose of making land boundary determinations relative to the
                     performance of the activities in paragraphs 1 through 6.
          b.   Includes:
               (1)   Engaging in land surveying;
               (2)   By verbal claim, sign, advertisement, letterhead, card, or any other way
                     representing to a person to be a professional land surveyor;
               (3)   Through the use of some other title implying to be a professional land
                     surveyor or that the person is licensed or authorized under this chapter; and
               (4)   Holding out as able to perform or performing any land surveying service or
                     work or any other service designated by the practitioner which is recognized
                     as land surveying.
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   9.10.   "Professional engineer" means an individual who by reason of special knowledge or
           use of the mathematical, physical, and engineering sciences and the principles and
           methods of engineering analysis and design, acquired by engineering education and
           engineering experience, is qualified to practice engineering, and who has been
           registered and licensed by the state board of registration for professional engineers
           and land surveyors.
  10.11.   "Professional land surveyor" means a land surveyor who complies with the
           requirements for education, experience, and character and who has been registered
           and licensed by the board.
 11.12.   "Responsible charge" means direct control and personal supervision of engineering or
          surveying work.
 12.13.   "Retired registrant" means a duly registered professional engineer or land surveyor
          who is not engaged in active professional practice and is not required to meet the
          continuing professional education requirements as prescribed by the board. A retired
          registrant is issued a certificate of registration indicating "retired" status.
     SECTION 2. AMENDMENT. Section 43-19.1-09 of the North Dakota Century Code is
 amended and reenacted as follows:
     43-19.1-09. Receipts and disbursements.
     The secretary ofexecutive director for the board shall receive and account for all moneys
 derived under the provisions of this chapter and shall deposit and disburse the money derived
 under this chapter in accordance with section 54-44-12. The secretary shall give a surety bond
 to the state in such sum as may be required by the board. The premium on the bond is a proper
 and necessary expense of the board. The secretaryexecutive director shall receive such salary
 as the board shall determine. The board shall employ clerical or other assistants as are
 necessary for the proper performance of the board's work and shall make expenditures of this
 fund for any purpose the board determines is reasonably necessary for the proper performance
 of the board's duties under this chapter, including the expenses of the board's delegates to
 meetings of and membership fees to the national council of examiners for engineering and
 surveying and any of the organization's subdivisions. Under no circumstances may the total
 amount of warrants issued in payment of the expenses and compensation provided for in this
 chapter exceed the amount of moneys collected.
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      SECTION 3. AMENDMENT. Section 43-19.1-10 of the North Dakota Century Code is
  amended and reenacted as follows:
      43-19.1-10. Records and reports.
      The board shall:
      1.    Keep a record of the board's proceedings and of all applications for registration. The
            record must show the name, age, and last-known address of each applicant; the date
            of application, the place of business of such applicant, the applicant's education,
            experience, and other qualifications; type of examination required; whether the
            applicant was rejected; whether a certificate of registration was granted; the date of
           the action of the board; and such other information as may be deemed necessary by
           the board. The record of the board is prima facie evidence of the proceeding of the
           board and a transcript of board proceedings which is certified by the
           secretaryexecutive director under seal is admissible as evidence with the same force
           and effect as if the original were produced.
     2.    Annually, in compliance with state law, submit a report of the board's transactions of
           the preceding year.
     SECTION 4. AMENDMENT. Section 43-19.1-11 of the North Dakota Century Code is
 amended and reenacted as follows:
     43-19.1-11. Roster.
     A complete roster showing the names and last-known addresses of all professional
 engineers and land surveyors must be made available by the secretary ofexecutive director for
 the board at intervals as established by board regulations. Copies of this roster must be made
 available to each registrant and all county auditors and city auditors and may be distributed or
 sold to the public.
     SECTION 5. AMENDMENT. Section 43-19.1-14 of the North Dakota Century Code is
 amended and reenacted as follows:
     43-19.1-14. Registration with examination - Professional engineers.
     An applicant otherwise qualified must be admitted to registration as a professional engineer
 if the applicant has successfully passed a writtenboard-approved examination of at least eight
 hours in the principles and practice of engineering, as prescribed by the board, and has one of
 the following additional qualifications:
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      1.   Is an engineer intern with a baccalaureate degree in engineering from an institution
           offering accredited programs approved by the board as being of satisfactory standing,
           who has a specific record of an additional four years or more of experience in
           engineering work of a grade and character which indicates to the board that the
           applicant may be competent to practice engineering.
      2.   Is an engineer intern with a baccalaureate degree in engineering from a program that
           is not accredited but is approved by the board, who has eight years or more of
           progressive experience in engineering work of a character and grade which indicates
           to the board that the applicant is competent to practice engineering.
     3.   Is an engineer intern with a specific record of at least twenty years of lawful practice in
          engineering work during at least ten years of which the applicant has been in
          responsible charge of important engineering work which is of a grade and character
          that indicates to the board that the applicant is competent to practice engineering, who
          has been approved for the fundamentals of engineering examination by the board
          before July 1, 2004, and who holds a valid engineer intern certificate as of January 1,
          2006.
     4.   Is an engineer intern who meets one of the educational requirements listed in
          subsection 1, 2, or 5, who has been a teacher of engineering in a college or university
          offering an approved engineering curriculum of four years or more, and who has had a
          minimum of two years of nonteaching engineering experience that is of a character
          and grade that indicates to the board that the applicant is competent to practice
          engineering.
     5.   Is an engineer intern with a baccalaureate degree in an engineering-related program,
          who has at least twelve years of progressive experience in engineering work of a
          character and grade which indicates to the board that the applicant is competent to
          practice engineering.
    SECTION 6. AMENDMENT. Section 43-19.1-15 of the North Dakota Century Code is
 amended and reenacted as follows:
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      43-19.1-15. Additional qualifications of engineer interns.
      Except in the case of an individual who filed an application before July 1, 1967, and any
  subsequent reapplication by such individual, an applicant otherwise qualified must be admitted
  to certification as an engineer intern. An engineer intern is an individual who has:
      1.   A baccalaureate degree in engineering from an institution that offers accredited
           programs approved by the board and has passed the board's writtena board-approved
           examination of at least eight hours in the fundamentals of engineering shall be
           certified or enrolled as an engineer intern.
      2.   A baccalaureate degree in engineering from a program that is not accredited but is
          approved by the board, who has a specific record of at least four years of experience
          in engineering work of a grade and character satisfactory to the board, and who
          passes the board's writtena board-approved examination of at least eight hours in the
          fundamentals of engineering.
     3.   A baccalaureate degree in an engineering-related program, who has a specific record
          of at least six years of experience in engineering work of a grade and character
          satisfactory to the board, and who passes the board's writtena board-approved
          examination of at least eight hours in the fundamentals of engineering.
     SECTION 7. AMENDMENT. Section 43-19.1-18 of the North Dakota Century Code is
 amended and reenacted as follows:
     43-19.1-18. Registration fees.
     The board shall establish registration fees for professional engineers, land surveyors,
 engineer interns, and land surveyor interns in the amount the board determines necessary to
 accomplish the purposes of the board as provided in this chapter. The registration fees may not
 exceed the amount of one hundred dollars for a one-year period or two hundred dollars for a
 two-year period. If the board denies the issuance of a certificate to an applicant, the fee paid
 may be retained as an application fee.
     SECTION 8. AMENDMENT. Section 43-19.1-19 of the North Dakota Century Code is
 amended and reenacted as follows:
     43-19.1-19. Examinations.
     Written examinations must be held at such times and places as the board shall determine.
 Examinations required on fundamental engineering or land surveying subjects may be taken at
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