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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 834
Introduced by Arch, 14.
Read first time January 08, 2020
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to the Engineers and Architects Regulation
2 Act; to amend sections 81-3401, 81-3403, 81-3416.01, 81-3428,
3 81-3429, 81-3432, 81-3433, 81-3438, 81-3448, and 81-3451, Revised
4 Statutes Cumulative Supplement, 2018, and section 81-3453, Revised
5 Statutes Supplement, 2019; to define and redefine terms; to change
6 and eliminate provisions related to the Board of Engineers and
7 Architects, credentials issued under the act, and the practice of
8 engineering; to harmonize provisions; and to repeal the original
9 sections.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 81-3401, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 81-3401 Sections 81-3401 to 81-3455 and section 3 of this act shall
4 be known and may be cited as the Engineers and Architects Regulation Act.
5 Sec. 2. Section 81-3403, Revised Statutes Cumulative Supplement,
6 2018, is amended to read:
7 81-3403 For purposes of the Engineers and Architects Regulation Act,
8 the definitions found in sections 81-3404 to 81-3427 and section 3 of
9 this act shall be used.
10 Sec. 3. ABET means an entity incorporated as the Accreditation
11 Board for Engineering and Technology, Inc., which is a nongovernmental
12 organization that accredits postsecondary education programs.
13 Sec. 4. Section 81-3416.01, Revised Statutes Cumulative Supplement,
14 2018, is amended to read:
15 81-3416.01 Intern architect means a person who has enrolled in the
16 Architectural Experience Intern Development Program of the National
17 Council of Architectural Registration Boards and holds a degree from a
18 program accredited by the National Architectural Accrediting Board or
19 equivalent.
20 Sec. 5. Section 81-3428, Revised Statutes Cumulative Supplement,
21 2018, is amended to read:
22 81-3428 (1) The Board of Engineers and Architects is created to
23 administer the Engineers and Architects Regulation Act. The board shall
24 consist of eight members appointed by the Governor for terms of five
25 years terminating on the last day of February. The board shall consist
26 of:
27 (a) Three architect members, two of whom shall be appointed after
28 consulting with the appropriate architectural professional organizations,
29 and one education member who is a faculty member of the University of
30 Nebraska appointed upon the recommendation of the Dean of Architecture of
31 the University of Nebraska;
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1 (b) Four professional engineer members, three of whom shall be
2 appointed after consulting with the appropriate engineering professional
3 organizations, and one education member who is a faculty member of the
4 University of Nebraska appointed upon the recommendation of the Dean of
5 Engineering of the University of Nebraska; and
6 (c) One public member.
7 (2) Each member shall hold office after the expiration of his or her
8 term until his or her successor is duly appointed and qualified.
9 Vacancies in the membership of the board, however created, shall be
10 filled for the unexpired term by appointment by the Governor. The
11 Governor shall reappoint or replace existing members as their terms
12 expire, and the public member shall be reappointed or replaced in the
13 fifth year of his or her term. The Governor may remove any member of the
14 board for misconduct, incompetency, or neglect of duty.
15 (3) Each member of the board shall be a citizen of the United States
16 and a resident of the State of Nebraska for at least one year immediately
17 preceding appointment. Each architect or professional engineer member
18 shall have been engaged in the active practice of the design profession
19 for at least ten years and , shall have been licensed in the relevant
20 profession had direct supervision of work for at least five years at the
21 time of his or her appointment, and shall be licensed in the relevant
22 profession.
23 (4) The board may designate a former member of the board as an
24 emeritus member, but for no more than ten years after his or her original
25 board membership expires. Emeritus member status, when conferred, must be
26 renewed annually.
27 (5) The board offices shall be located in Lincoln, Nebraska.
28 Sec. 6. Section 81-3429, Revised Statutes Cumulative Supplement,
29 2018, is amended to read:
30 81-3429 (1) Each member of the board shall receive as compensation
31 not more than one hundred dollars per day or portion of a day for (a)
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1 participating in meetings for each day or substantial portion of a day
2 spent traveling to and from and attending sessions of the board and its
3 committees, (b) traveling to or attending authorized meetings of the
4 National Council of Architectural Registration Boards, the National
5 Council of Examiners for Engineering and Surveying, or their subdivisions
6 or committees on which the member serves, and (c) , or other business as
7 authorized by the board. Participation in, attendance at, and conduct of
8 such authorized activities by telephone or electronic means shall be
9 eligible for such compensation.
10 (2) Each member of the board shall be reimbursed for all necessary
11 and authorized expenses incident to the performance of his or her duties
12 under the Engineers and Architects Regulation Act as provided in sections
13 81-1174 to 81-1177.
14 Sec. 7. Section 81-3432, Revised Statutes Cumulative Supplement,
15 2018, is amended to read:
16 81-3432 The Engineers and Architects Regulation Fund is created. The
17 secretary of the board shall receive and account for all money derived
18 from the operation of the Engineers and Architects Regulation Act and
19 shall remit the money to the State Treasurer for credit to the Engineers
20 and Architects Regulation Fund. All expenses certified by the board as
21 properly and necessarily incurred in the discharge of duties, including
22 compensation and administrative staff, and any expense incident to the
23 administration of the act relating to other states shall be paid out of
24 the fund. Debt repayments payable pursuant to section 81-3432.01 shall be
25 paid out of the fund. Warrants for the payment of expenses shall be
26 issued by the Director of Administrative Services and paid by the State
27 Treasurer upon presentation of vouchers regularly drawn by the
28 chairperson and secretary of the board and approved by the board. At no
29 time shall the total amount of warrants exceed the total amount of the
30 fees collected under the act and to the credit of the fund. Any money in
31 the fund available for investment shall be invested by the state
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1 investment officer pursuant to the Nebraska Capital Expansion Act and the
2 Nebraska State Funds Investment Act. Money in the Engineers and
3 Architects Regulation Fund may be transferred to the General Fund at the
4 direction of the Legislature.
5 The State Treasurer shall transfer three hundred thousand dollars
6 from the Engineers and Architects Regulation Fund to the General Fund on
7 or before June 15, 2018, on such dates and in such amounts as directed by
8 the budget administrator of the budget division of the Department of
9 Administrative Services.
10 Sec. 8. Section 81-3433, Revised Statutes Cumulative Supplement,
11 2018, is amended to read:
12 81-3433 The board shall maintain and make available to the public a
13 complete roster of all architects and professional engineers showing
14 their names and last-known addresses. The board shall file the roster
15 with the Secretary of State and may distribute a copy of the roster to
16 each licensed person as well as county and municipal officials. The board
17 may charge a fee for distributing the roster.
18 Sec. 9. Section 81-3438, Revised Statutes Cumulative Supplement,
19 2018, is amended to read:
20 81-3438 Certificates of licensure and certificates of authorization
21 shall expire on a date established by the board and shall become invalid
22 after that date unless renewed. The board shall notify every person
23 licensed under the Engineers and Architects Regulation Act and every
24 organization holding a certificate of authorization under the act of the
25 date of the expiration of the certificate of licensure or certificate of
26 authorization and the amount of the fee required for renewal. The notice
27 shall be provided mailed at least one month in advance of the date of the
28 expiration to the licensee or organization at the last-known address on
29 file with the board. Valid certificates may be renewed prior to
30 expiration upon application and payment of applicable fees. Expired
31 certificates may be renewed in accordance with rules and regulations of
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1 the board. Renewal fees shall not exceed two hundred dollars per year.
2 The board may require licensees to obtain continuing education as a
3 condition of license renewal.
4 Sec. 10. Section 81-3448, Revised Statutes Cumulative Supplement,
5 2018, is amended to read:
6 81-3448 (1) The following shall be considered as the minimum
7 evidence satisfactory to the board that an applicant is eligible for
8 admission to an examination on technical and professional subjects of
9 architecture as prescribed by the board:
10 (a) Graduation from a program accredited by the National
11 Architectural Accrediting Board, or satisfying the requirements of the
12 Education Standard of the National Council of Architectural Registration
13 Boards as determined by the council;
14 (b) Establishment of a record maintained by the National Council of
15 Architectural Registration Boards for the purpose of documenting
16 architectural work experience for the council's Intern Development
17 Program; and
18 (c) Submittal of an application accompanied by the fee established
19 by the board.
20 (1) (2) The following shall be considered as the minimum evidence
21 satisfactory to the board that an applicant is eligible for initial
22 licensure as an architect:
23 (a)(i) Graduation from a program accredited by the National
24 Architectural Accrediting Board;
25 (ii) Graduation from a program accredited by the Canadian
26 Architectural Certification Board; or
27 (iii) Satisfying the requirements of the Education Standard of the
28 National Council of Architectural Registration Boards as determined by
29 the council;
30 (b) (a) Passage of an examination on technical and professional
31 subjects of architecture as prescribed by the board as set forth in
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1 subsection (1) of this section;
2 (c) (b) Completion of the Architectural Experience Intern
3 Development Program of the National Council of Architectural Registration
4 Boards, or its equivalent as determined by the council or the Board of
5 Engineers and Architects;
6 (d) (c) Passage of an examination on the statutes, rules, and other
7 requirements unique to this state; and
8 (e) (d) Demonstration of good reputation and good ethical character
9 by attestation of references. The names and complete addresses of
10 references acceptable to the board shall be included in the application
11 for licensure.
12 (2) (3) An individual holding a license to practice architecture
13 issued by a proper authority of any jurisdiction, based on credentials
14 that do not conflict with subsection (1) (2) of this section and other
15 provisions of the Engineers and Architects Regulation Act, may, upon
16 application, be licensed as an architect after:
17 (a) Successful passage of an examination on the statutes, rules, and
18 other requirements unique to this state; and
19 (b) Demonstration of good reputation and good ethical character by
20 attestation of references. The names and complete addresses of references
21 acceptable to the board shall be included in the application for
22 licensure.
23 (3) (4) An individual who holds a current and valid certification
24 issued by the National Council of Architectural Registration Boards and
25 who submits satisfactory evidence of such certification to the board may,
26 upon application, be licensed as an architect after:
27 (a) Successful passage of an examination on the statutes, rules, and
28 other requirements unique to this state; and
29 (b) Demonstration of good reputation and good ethical character by
30 attestation of references. The names and complete addresses of references
31 acceptable to the board shall be included in the application for
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1 licensure.
2 (4) (5) An individual who has been licensed to practice architecture
3 for fifteen years or more in one or more jurisdictions and who has
4 practiced architecture for fifteen years in compliance with the licensing
5 laws in the jurisdictions where his or her architectural practice has
6 occurred since initial licensure may, upon application, be licensed as an
7 architect after:
8 (a) Successful passage of an examination on the statutes, rules, and
9 other requirements unique to this state; and
10 (b) Demonstration of good reputation and good ethical character by
11 attestation of references. The names and complete addresses of references
12 acceptable to the board shall be included in the application for
13 licensure.
14 (5) Upon application to the board in writing and payment of a fee
15 established by the board, an (6) An individual who holds a valid license
16 to practice architecture in another jurisdiction may be issued a
17 temporary permit, valid for a definite period of time, to provide
18 architectural services for a specific project. An individual may not be
19 issued more than one temporary permit. No right to practice architecture
20 accrues to such applicant with respect to any other work not set forth in
21 the temporary permit. Temporary permit holders are subject to all of the
22 provisions of the Engineers and Architects Regulation Act governing the
23 practice of architecture.
24 (6) (7) None of the examination materials described in this section
25 shall be considered public records.
26 (7) (8) The board or its agent shall direct the time and place of
27 the architectural examinations referenced in subsection subsections (1)
28 and (2) of this section.
29 (8) (9) The board may adopt the examinations and grading procedures
30 of the National Council of Architectural Registration Boards. The board
31 may also adopt guidelines published by the council.
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