1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1964 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to professional engineers and land
7 surveyors; amending 59 O.S. 2021, Section 475.1,
8 which relates to registration; updating statutory
8 language; amending 59 O.S. 2021, Section 475.2, which
9 relates to definitions; modifying definitions;
9 deleting definitions; defining terms; expanding
10 provisions of practice; amending 59 O.S. 2021,
10 Section 475.3, as amended by Section 1, Chapter 63,
11 O.S.L. 2023 (59 O.S. Supp. 2023, Section 475.3),
11 which relates to the State Board of Licensure for
12 Professional Engineers and Land Surveyors; updating
12 statutory language; amending 59 O.S. 2021, Section
13 475.4, which relates to qualifications of Board
13 members; specifying qualifications for certain Board
14 members; amending 59 O.S. 2021, Section 475.7, which
14 relates to Board meetings; updating statutory
15 language; amending 59 O.S. 2021, Section 475.8, which
15 relates to the powers and authority of Board;
16 granting Board expanded rulemaking authority;
16 updating statutory language; amending 59 O.S. 2021,
17 Section 475.9, which relates to the Professional
17 Engineers and Land Surveyors Fund; removing certain
18 hiring provisions of the Executive Director;
18 authorizing Executive Director to make certain
19 administrative policies; amending 59 O.S. 2021,
19 Section 475.10, which relates to the record of
20 proceedings and applications; expanding information
20 to be recorded by Board for licensure; adding certain
21 information to be recorded for certificates of
21 authorization; amending 59 O.S. 2021, Section 475.11,
22 which relates to rosters; adding professions to be
22 recorded on complete rosters; amending 59 O.S. 2021,
23 Section 475.12a, which relates to licensure and
23 certification for engineers; modifying educational
24 requirements for licenses required by engineers;
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 1 expanding requirements for comity licensing; amending
1 59 O.S. 2021, Section 475.12b, which relates to
2 licensure of professional land surveyors; modifying
2 educational requirements for licenses required by
3 land surveyors; amending 59 O.S. 2021, Section
3 475.12c, which relates to qualifications for
4 structural engineers; updating educational
4 requirements for licenses required by structural
5 engineers; amending 59 O.S. 2021, Section 475.13,
5 which relates to application form; updating required
6 information for application; amending 59 O.S. 2021,
6 Section 475.14, which relates to examinations;
7 updating statutory language; updating statutory
7 reference; amending 59 O.S. 2021, Section 475.15,
8 which relates to licensing; updating statutory
8 language; adding designation for certain
9 professional; amending 59 O.S. 2021, Section 475.16,
9 which relates to term of certificate; removing
10 certain provisions for notification and renewal of
10 certificates; amending 59 O.S. 2021, Section 475.17,
11 which relates to lost or destroyed certificates;
11 updating statutory language; amending 59 O.S. 2021,
12 Section 475.18, which relates to disciplinary
12 actions; authorizing Board to place practice
13 restrictions; updating statutory language; amending
13 59 O.S. 2021, Section 475.19, which relates to
14 allegations of violations; authorizing certain
14 committee to conduct investigation; authorizing Board
15 to place practice restrictions; updating statutory
15 language; amending 59 O.S. 2021, Section 475.20,
16 which relates to criminal and administrative
16 penalties; increasing administrative penalty;
17 updating statutory language; amending 59 O.S. 2021,
17 Section 475.21, which relates to condition for
18 practice of engineering and surveying by firm;
18 updating statutory language; amending 59 O.S. 2021,
19 Section 475.22, which relates to exceptions; allowing
19 for certain licensure under certain act; updating
20 statutory language; amending 59 O.S. 2021, Section
20 475.22a, which relates to land surveying documents;
21 updating statutory language; providing for
21 codification; and providing an effective date.
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24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 1 SECTION 1. AMENDATORY 59 O.S. 2021, Section 475.1, is
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2 amended to read as follows:
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3 Section 475.1. In order to safeguard life, health and property,
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4 and to promote the public welfare, the practice of engineering and
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5 the practice of land surveying in this state are hereby declared to
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6 be subject to regulation in the public interest. It shall be
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7 unlawful for any person or entity to practice or to offer to
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8 practice engineering or land surveying in this state, as defined in
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9 the provisions of Section 475.1 et seq. of this title, or to use in
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10 connection with any name or otherwise assume or advertise any title
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11 or description tending to convey the impression that any person is
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12 an a licensed engineer, professional engineer, professional
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13 structural engineer, land a licensed surveyor or professional land
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14 surveyor, unless such person has been duly licensed or, authorized,
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15 or exempt under the provisions of Section 475.1 et seq. of this
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16 title. The practice of engineering or land surveying shall be
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17 deemed a privilege granted by the state through the State Board of
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18 Licensure for Professional Engineers and Land Surveyors, based on
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19 the qualifications of the individual as evidenced by a certificate
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20 of licensure license, which shall not be transferable.
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21 SECTION 2. AMENDATORY 59 O.S. 2021, Section 475.2, is
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22 amended to read as follows:
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23 Section 475.2. As used in Section 475.1 et seq. of this title:
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 1 1. “Professional Engineer” or “P.E.” means a person who, by
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2 reason of special knowledge and use of the mathematical, physical
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3 and engineering sciences and the principles and methods of
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4 engineering analysis and design, acquired by engineering education
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5 and engineering experience, is qualified to practice engineering by
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6 reason of engineering education, training, experience, and
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7 examination in the application of engineering principles and the
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8 interpretation of engineering data and is qualified, after meeting
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9 the requirements of Section 475.1 et seq. of this title and the
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10 regulations issued by the Board pursuant thereto, to be duly
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11 licensed as a professional engineer by the State Board of Licensure
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12 for Professional Engineers and Surveyors and engage in the practice
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13 of engineering;
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14 2. “Professional engineer” or “P.E.” means a person who has
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15 been duly licensed as a professional engineer as provided in Section
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16 475.1 et seq. of this title and the regulations issued by the Board
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17 pursuant thereto;
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18 3. “Professional Structural Engineer”, “P.E.”, “S.E.” or “S.E.”
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19 means an individual who has been duly licensed as a professional
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20 engineer by the Board, and who has been further authorized by the
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21 Board to use the title Professional Structural Engineer, P.E. S.E.,
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22 or S.E., and perform structural engineering analysis and design
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23 services for significant structures based upon education, experience
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24 and examinations as described in subsection D of Section 11 of this
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 1 act Section 475.12c of this title. For purposes of this definition,
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2 the term “significant structures” may be defined by Board rule;
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3 provided, however, such definition shall not include any structure
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4 that is a residential structure;
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5 4. 3. “Engineer intern” or “E.I.” means a person who complies
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6 with the requirement for education and has passed an examination in
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7 the fundamental engineering subjects, as provided in Section 475.1
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8 et seq. of this title and the regulations issued by the Board
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9 pursuant thereto;
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10 5. 4. "Practice of engineering" means any service or creative
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11 work requiring engineering education, training and experience in the
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12 application of engineering principles and the interpretation of
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13 engineering data to engineering activities that may impact the life,
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14 health, property and welfare of the public. The services may
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15 include, but are not limited to, such services or creative work as:
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16 a. consultation,
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17 b. investigation,
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18 c. evaluation,
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19 d. planning and design of engineering works and systems,
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20 e. planning the engineering use of land and water,
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21 f. teaching of advanced engineering subjects or courses
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22 related thereto,
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23 g. engineering research,
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24 h. engineering surveys,
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 1 i. engineering studies,
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2 j. engineering reports,
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3 k. written engineering opinions,
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4 l. the inspection or review of construction for the
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5 purposes of ensuring compliance with drawings and
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6 specifications, and
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7 m. engineering reports or like material developed in
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8 connection with expert witness testimony or
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9 anticipated testimony,
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10 any of which embraces such services or work, either public or
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11 private, in connection with any utilities, structures, buildings,
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12 machines, equipment, processes, work systems, projects,
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13 communication systems, transportation systems and industrial or
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14 consumer products or equipment of a mechanical, electrical,
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15 chemical, environmental, hydraulic, pneumatic, thermal, control
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16 system or communications nature, insofar as they involve
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17 safeguarding life, health or property, and including such other
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18 professional services as may be necessary to the design review and
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19 integration of a multidiscipline work, planning, progress and
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20 completion of any engineering services.
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21 Design review and integration includes the design review and
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22 integration of those technical submissions prepared by others,
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23 including as appropriate and without limitation, engineers,
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24 architects, landscape architects, land surveyors, and other
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 1 professionals working under the direction of the engineer. The
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2 definition of design review and integration by engineers does not
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3 restrict the services other licensed professional disciplines are
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4 authorized to offer or perform by statute or regulation.
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5 Engineering surveys include all survey activities required to
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6 support the sound conception, planning, design, construction,
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7 maintenance and operation of engineered projects, but exclude the
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8 surveying of real property for the establishment of land boundaries,
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9 rights-of-way, easements and the dependent or independent surveys or
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10 resurveys of the public land survey system.
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11 A person or entity shall be construed to practice or offer to
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12 practice engineering, within the meaning and intent of Section 475.1
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13 et seq. of this title who does any of the following: practices any
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14 branch of the profession of engineering; by verbal claim, sign,
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15 advertisement, letterhead, card or in any other way represents such
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16 person to be a professional engineer or through the use of some
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17 other title implies that any person is a professional engineer or is
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18 licensed or qualified under Section 475.1 et seq. of this title; or
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19 who represents qualifications or ability to perform or who does
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20 practice engineering shall have the same meaning as described in
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21 Section 3 of this act;
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22 6. 5. “Professional land surveyor” or “land surveyor” or
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23 “P.L.S.” or “P.S.” means a person who is qualified to practice
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24 surveying by reason of surveying education training, experience, and
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 1 examination in the application of surveying principles and the
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2 interpretation of surveying data and has been duly licensed as a
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3 professional land surveyor pursuant to Section 475.1 et seq. of this
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4 title and the regulations issued by the Board pursuant thereto; and
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5 is a person who, by reason of special knowledge in the technique of
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6 measuring land and use of the basic principles of mathematics, the
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7 related physical and applied sciences and the relevant requirements
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8 of law for adequate evidence and all requisite to surveying of real
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9 property, acquired by education and experience, and is qualified to
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10 engage in the practice of land surveying;
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11 7. 6. “Land surveyor Surveyor intern” or “L.S.I.” “S.I.” means
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12 a person who complies with the requirement for education and has
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13 passed an examination in the fundamental land surveying subjects, as
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14 provided in Section 475.1 et seq. of this title and regulations
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15 issued by the Board pursuant thereto;
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16 8. 7. a. “Practice of land surveying” means any authoritative
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17 service or work performed to a stated accuracy, the
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18 adequate performance of which involves the application
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19 of special knowledge of the principles of mathematics,
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20 methods of measurement, and the law for the
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21 determination and preservation of land boundaries.
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22 “Practice of land surveying” includes, without
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23 limitation:
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 1 (1) restoration and rehabilitation of corners and
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2 boundaries in the United States Public Land
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3 Survey System or the subdivision thereof,
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4 (2) obtaining and evaluating evidence for the
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5 accurate determination of land boundaries,
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6 (3) monumenting the subdivision of land parcels into
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7 smaller parcels and the preparation of the
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8 descriptions in connection therewith,
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9 (4) measuring and platting underground mine workings,
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10 (5) creation, preparation or modification of
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11 electronic or computerized data including
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12 portions of geographic information systems and
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13 land information systems, relative to the
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14 performance of the practice of land surveying,
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15 (6) establishment, restoration, and rehabilitation of
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16 land survey monuments and bench marks,
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17 (7) preparation of land survey plats, condominium
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18 plats, monument records, and survey reports, and
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19 site plans as an ancillary service to surveying
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20 work such as noting proposed site improvements,
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21 (8) surveying, monumenting, and platting of
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22 easements, and rights-of-way,
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23 (9) measuring, locating, or establishing lines,
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24 angles, elevations, natural and man-made features
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 1 in the air, on the surface of the earth,
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2 utilities, and other structures wit