HF 788

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations; amending provisions governing 
  1.3             the practice of professional engineering; amending 
  1.4             Minnesota Statutes 1996, sections 326.02, subdivisions 
  1.5             1, 3, 5, and by adding subdivisions; 326.03, 
  1.6             subdivisions 1 and 2; 326.04; 326.05; 326.07; 326.08; 
  1.7             326.09; 326.10, subdivision 1; 326.111, subdivisions 
  1.8             1, 6, and by adding a subdivision; 326.12, by adding 
  1.9             subdivisions; and 326.14. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 326.02, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [REGISTRATION MANDATORY.] In order to 
  1.14  safeguard life, health, and property, and to promote the public 
  1.15  welfare, any person in either public or private capacity 
  1.16  practicing, or offering to practice, architecture, professional 
  1.17  engineering, land surveying, landscape architecture, or 
  1.18  professional geoscience, or using the title certified interior 
  1.19  designer in this state, either as an individual, a copartner, or 
  1.20  as agent of another, shall be licensed or certified as 
  1.21  hereinafter provided.  It shall be unlawful for any person to 
  1.22  practice, or to offer to practice, in this state, architecture, 
  1.23  professional engineering, land surveying, landscape 
  1.24  architecture, or professional geoscience, or to use the title 
  1.25  certified interior designer, or to solicit, or to bid upon, or 
  1.26  to contract to furnish work within the terms of sections 326.02 
  1.27  to 326.15, or to use in connection with the person's name, or to 
  2.1   otherwise assume, use or advertise any title or description 
  2.2   tending to convey the impression that the person is an 
  2.3   architect, professional engineer (hereinafter called engineer), 
  2.4   land surveyor, landscape architect, professional geoscientist 
  2.5   (hereinafter called geoscientist), or certified interior 
  2.6   designer, unless such person is qualified by licensure or 
  2.7   certification under sections 326.02 to 326.15. 
  2.8      Sec. 2.  Minnesota Statutes 1996, section 326.02, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [PRACTICE OF PROFESSIONAL ENGINEERING.] Any 
  2.11  person shall be deemed to be practicing professional engineering 
  2.12  within the meaning of sections 326.02 to 326.15 who holds out as 
  2.13  being able to perform or who does perform any technical 
  2.14  professional service, such as planning, design or observation of 
  2.15  construction for the purpose of assuring compliance with 
  2.16  specifications and design, in connection with any public or 
  2.17  private structures, buildings, building control systems, 
  2.18  utilities, machines, equipment, processes, process control 
  2.19  systems, fire protection systems, life safety systems, hazardous 
  2.20  materials abatement, works, or projects wherein the public 
  2.21  welfare or the safeguarding of life, health, or property is 
  2.22  concerned or involved, when such professional service requires 
  2.23  the application of the principles of mathematics and the 
  2.24  physical and applied engineering sciences, acquired by education 
  2.25  or training, and by experience. 
  2.26     Sec. 3.  Minnesota Statutes 1996, section 326.02, 
  2.27  subdivision 5, is amended to read: 
  2.28     Subd. 5.  [LIMITATION.] The provisions of sections 326.02 
  2.29  to 326.15 shall not apply to the preparation of plans and 
  2.30  specifications for the erection, enlargement, or alteration of 
  2.31  any building or other structure by any person, for that person's 
  2.32  exclusive occupancy or use, unless such occupancy or use 
  2.33  involves the public health or safety or the health or safety of 
  2.34  the employees of said person, or of the buildings listed in 
  2.35  section 326.03, subdivision 2, nor to any detailed or shop plans 
  2.36  required to be furnished by a contractor to a registered 
  3.1   engineer, landscape architect, architect, or certified interior 
  3.2   designer, nor to any standardized manufactured product, nor to 
  3.3   any construction superintendent supervising the execution of 
  3.4   work designed by an architect, landscape architect, engineer, or 
  3.5   certified interior designer licensed or certified in accordance 
  3.6   with section 326.03, nor to the planning for and supervision of 
  3.7   the construction and installation of work by an electrical a 
  3.8   licensed contractor or master plumber as defined in and licensed 
  3.9   pursuant to this chapter, where such work is within the scope of 
  3.10  such licensed activity and not within the practice 
  3.11  of professional architecture, engineering, or architecture, land 
  3.12  surveying, landscape architecture, interior design, geoscience, 
  3.13  or where the person does not claim to be a certified interior 
  3.14  designer as defined in subdivision 2, 3, or 4b. 
  3.15     Sec. 4.  Minnesota Statutes 1996, section 326.02, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 6.  [INCIDENTAL PRACTICE.] Incidental practice 
  3.18  between the professions of architecture, engineering, land 
  3.19  surveying, landscape architecture, or geoscience licensed under 
  3.20  sections 326.02 to 326.15 shall not be permitted except as 
  3.21  specifically allowed under sections 326.02 to 326.15 or 
  3.22  applicable Minnesota Rules. 
  3.23     Sec. 5.  Minnesota Statutes 1996, section 326.02, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 7.  [PRIME PROFESSIONAL.] Any individual licensed 
  3.26  under sections 326.02 to 326.15 may act as the prime 
  3.27  professional on projects which include work licensed under 
  3.28  sections 326.02 to 326.15, provided the work is properly 
  3.29  provided and certified in accordance with sections 326.02 to 
  3.30  326.15. 
  3.31     A prime professional shall not solicit, accept, nor be 
  3.32  party to the solicitation or acceptance of proposals or bids for 
  3.33  work covered by sections 326.02 to 326.15 unless such proposals 
  3.34  or bids are from individuals or firms duly registered with the 
  3.35  board. 
  3.36     Sec. 6.  Minnesota Statutes 1996, section 326.02, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 8.  [CONFLICT OF INTEREST.] A licensed architect, 
  4.3   engineer, land surveyor, landscape architect, geoscientist, or 
  4.4   certified interior designer shall not provide professional 
  4.5   services where such services would adversely affect the health, 
  4.6   welfare, or safety of the public. 
  4.7      The board shall adopt rules to define what services have an 
  4.8   adverse affect on the health, welfare, or safety of the public. 
  4.9      Sec. 7.  Minnesota Statutes 1996, section 326.02, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Subd. 9.  [DEFINITIONS.] (a) [TERMS.] For purposes of 
  4.12  sections 326.02 to 326.15, the following terms have the meanings 
  4.13  given them. 
  4.14     (b) [DESIGN.] "Design" means the application of the 
  4.15  principals defined as architecture, engineering, land surveying, 
  4.16  landscape architecture, geoscience, or interior design and which 
  4.17  involve decisions which would affect the health, welfare, or 
  4.18  safety of the public.  "Planning" is not synonymous with design. 
  4.19     (c) [DIRECT SUPERVISION.] "Direct supervision" means that 
  4.20  person who is the employer, an employee of the same firm, or who 
  4.21  is under contract to or from another firm and who is in 
  4.22  responsible charge of technical engineering work in progress, 
  4.23  whose professional skill and judgment are embodied in the plans, 
  4.24  specifications, reports, plats, or other documents required to 
  4.25  be certified under sections 326.02 to 326.15.  A person in 
  4.26  direct supervision of work directs the work of other licensees, 
  4.27  interns, draftpersons, technicians, or clerical persons assigned 
  4.28  to that work and is in responsible charge of the project 
  4.29  comprising the work being supervised. 
  4.30     (d) [ELECTRONIC SIGNATURE.] "Electronic signature" means a 
  4.31  signature which is digitized, stored in an electronic medium, 
  4.32  and is applied electronically. 
  4.33     (e) [OFFERING SERVICES.] "Offering services" means by 
  4.34  verbal claim, bid, sign, advertisement, letterhead, card, or in 
  4.35  any other way representing to be a licensed architect, engineer, 
  4.36  land surveyor, landscape architect, geoscientist, or certified 
  5.1   interior designer, or through the use of some other title 
  5.2   implies the ability to practice architecture, engineering, land 
  5.3   surveying, landscape architecture, geoscience, or interior 
  5.4   design. 
  5.5      (f) [PERFORMANCE SPECIFICATION.] "Performance 
  5.6   specification" means a specification, or part thereof, which 
  5.7   outlines the performance characteristics of the system and does 
  5.8   not include the complete design which would be required to be 
  5.9   provided, and certified, by an individual licensed under 
  5.10  sections 326.02 to 326.15. 
  5.11     (g) [PLAN STAMPING.] "Plan stamping" means the act of 
  5.12  certifying professional architectural, engineering, land 
  5.13  surveying, landscape architectural, geoscientific, or interior 
  5.14  design documents which were not created by the licensee or which 
  5.15  were not created by someone who was under the direct supervision 
  5.16  of the licensee while creating those documents. 
  5.17     (h) [PLANNING.] "Planning" means the act of organizing and 
  5.18  scheduling tasks to be accomplished. 
  5.19     (i) [PRIME PROFESSIONAL.] "Prime professional" means that 
  5.20  individual who is licensed under sections 326.02 to 326.15, is 
  5.21  responsible for professional work covered under sections 326.02 
  5.22  to 326.15, and who is under contract to act as the point of 
  5.23  responsibility for that professional work to the client. 
  5.24     (j) [RESPONSIBLE CHARGE.] "Responsible charge" means the 
  5.25  determination of design policy, including technical questions, 
  5.26  advising with the client, superintending subordinates during the 
  5.27  course of the work, and, in general, the person whose 
  5.28  professional skill and judgment are embodied in the plans, 
  5.29  designs, and advice involved in the work. 
  5.30     (k) [SHOP DRAWINGS.] "Shop drawings" means the detailed 
  5.31  installation drawings which are used to install the system 
  5.32  designed by the licensed professional. 
  5.33     (l) [STANDARDIZED PRODUCT.] "Standardized product" means a 
  5.34  product which is produced by an established manufacturer and 
  5.35  which is identified by that manufacturer with a product number.  
  5.36  Additions or deletions to the product by including or excluding 
  6.1   standard manufacturer's catalog numbers shall be identified as a 
  6.2   standard product.  A standard product shall not have 
  6.3   modifications, such as customized computer programming, which 
  6.4   make it unique to the installation or system being designed by 
  6.5   the licensed professional. 
  6.6      Sec. 8.  Minnesota Statutes 1996, section 326.03, 
  6.7   subdivision 1, is amended to read: 
  6.8      Subdivision 1.  [PLANS; DOCUMENTS.] No person, except an 
  6.9   architect, engineer, land surveyor, landscape architect, 
  6.10  geoscientist, or certified interior designer, licensed or 
  6.11  certified as provided for in sections 326.02 to 326.15 shall 
  6.12  practice architecture, professional engineering, land surveying, 
  6.13  landscape architecture, or professional geoscience, or use the 
  6.14  title certified interior designer, respectively, in the 
  6.15  preparation of plans, specifications, reports, plats or other 
  6.16  architectural, engineering, land surveying, landscape 
  6.17  architectural, geoscientific, or interior design documents, or 
  6.18  in the observation of architectural, engineering, land 
  6.19  surveying, landscape architectural, geoscientific, or interior 
  6.20  design projects.  In preparation of such documents, reasonable 
  6.21  care shall be given to compliance with applicable laws, 
  6.22  ordinances, and building codes relating to design. 
  6.23     Sec. 9.  Minnesota Statutes 1996, section 326.03, 
  6.24  subdivision 2, is amended to read: 
  6.25     Subd. 2.  [EXCEPTIONS.] Nothing contained in sections 
  6.26  326.02 to 326.15 shall prevent persons from advertising and 
  6.27  performing services such as consultation, investigation, or 
  6.28  evaluation in connection with, or from making plans and 
  6.29  specifications for, or from supervising, the erection, 
  6.30  enlargement, or alteration of any of the following buildings: 
  6.31     (a) Dwellings for single families, and outbuildings in 
  6.32  connection therewith, such as barns and private garages; 
  6.33     (b) Two family dwellings; 
  6.34     (c) Any farm building or accessory thereto used for the 
  6.35  purpose of farming; or 
  6.36     (d) Temporary buildings or sheds used exclusively for 
  7.1   construction purposes, not exceeding two stories in height, and 
  7.2   not used for living quarters. 
  7.3      Sec. 10.  Minnesota Statutes 1996, section 326.04, is 
  7.4   amended to read: 
  7.5      326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, 
  7.6   LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 
  7.7      To carry out the provisions of sections 326.02 to 326.15 
  7.8   there is hereby created a board of architecture, engineering, 
  7.9   land surveying, landscape architecture, geoscience, and interior 
  7.10  design consisting of 21 23 members, who shall be appointed by 
  7.11  the governor.  Three members shall be licensed architects, five 
  7.12  eight members shall be licensed engineers, two members shall be 
  7.13  licensed landscape architects, two members shall be licensed 
  7.14  land surveyors, two members shall be certified interior 
  7.15  designers, two members shall be licensed geoscientists, one 
  7.16  member shall be a building official or licensed engineer if no 
  7.17  qualified building official applies, and five three members 
  7.18  shall be public members.  Not more than one member two members 
  7.19  of the board shall be from the same branch of the profession of 
  7.20  engineering.  The first professional geoscientist members shall 
  7.21  be appointed as soon as possible and no later than October 1, 
  7.22  1995.  One of these members shall serve for a term to end 
  7.23  January 1, 1997.  The other member shall serve for a term to end 
  7.24  January 1, 1999.  The second licensed landscape architect and 
  7.25  certified interior designer members shall be appointed to 
  7.26  succeed the two public members whose terms end on January 1, 
  7.27  1996.  The second licensed landscape architect and certified 
  7.28  interior designer members shall be appointed by the governor no 
  7.29  later than October 1, 1995, and shall serve a term to end on 
  7.30  January 1, 2000.  During the time from the appointment of these 
  7.31  members until January 1, 1996, the board shall consist of 23 
  7.32  members.  
  7.33     By August 1, 1997, the governor shall make new appointments 
  7.34  to replace all engineering and public members.  None of the new 
  7.35  members shall ever have served on the board prior to January 1, 
  7.36  1997 (the building official member shall not be considered a 
  8.1   public member nor an engineering member).  Appointment durations 
  8.2   shall be adjusted so that two engineering members will be 
  8.3   appointed each year with three members appointed in the fourth 
  8.4   year.  
  8.5      Membership terms, compensation of members, removal of 
  8.6   members, the filling of membership vacancies, and fiscal year 
  8.7   and reporting requirements shall be as provided in sections 
  8.8   214.07 to 214.09.  The provision of staff, administrative 
  8.9   services and office space; the review and processing of 
  8.10  complaints; the setting of board fees; and other provisions 
  8.11  relating to board operations shall be as provided in chapter 214.
  8.12     Sec. 11.  Minnesota Statutes 1996, section 326.05, is 
  8.13  amended to read: 
  8.14     326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 
  8.15     Each member of the board shall be a resident of this state 
  8.16  at the time of appointment.  Each member except the public 
  8.17  members shall have been engaged in the practice of the relevant 
  8.18  profession for at least ten years and shall have been in 
  8.19  responsible charge of work for at least five years.  Each such 
  8.20  member shall be a member in good standing of a recognized 
  8.21  society of architects, engineers, land surveyors, landscape 
  8.22  architects, geoscientists, or interior designers; and, except as 
  8.23  provided in section 326.06, shall be a licensed architect, 
  8.24  licensed engineer, licensed land surveyor, licensed landscape 
  8.25  architect, licensed geoscientists, or certified interior 
  8.26  designer.  The certified interior design member must have passed 
  8.27  the National Council for Interior Design Qualifications test. 
  8.28     Sec. 12.  Minnesota Statutes 1996, section 326.07, is 
  8.29  amended to read: 
  8.30     326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] 
  8.31     The board shall consist of 23 members.  The board shall be 
  8.32  subdivided into two sections consisting of the section of 
  8.33  engineering and the section of architecture, land surveying, 
  8.34  landscape architecture, geoscience, and certified interior 
  8.35  design.  The section of engineering is comprised of eight 
  8.36  engineering members, one building official member, or a ninth 
  9.1   engineering member if no building official member, and one 
  9.2   public member.  The section of architecture, land surveying, 
  9.3   landscape architecture, geoscience, and certified interior 
  9.4   design is comprised of three architects, two landscape 
  9.5   architects, two land surveyors, two certified interior 
  9.6   designers, two geoscientists, and two public members.  The 
  9.7   overall board shall meet annually and the two sections of the 
  9.8   board shall meet monthly.  The board shall hold additional 
  9.9   meetings at such times as the bylaws of the board may provide.  
  9.10  Notice of all meetings shall be given in such manner as the 
  9.11  bylaws may provide.  The board shall elect annually from its 
  9.12  members a chair, a vice-chair, a secretary and a treasurer.  A 
  9.13  quorum of the board shall consist of not less than 11 members, 
  9.14  of whom four five shall be architects, landscape architects, 
  9.15  land surveyors, geoscientists, or certified interior designers, 
  9.16  four engineers or geoscientists, and three two building official 
  9.17  or public members.  A quorum of the engineering section shall 
  9.18  consist of four engineers and one building official or public 
  9.19  member.  A quorum of the architecture, land surveying, landscape 
  9.20  architecture, geoscience, and certified interior design section 
  9.21  shall consist of one architect, one landscape architect, one 
  9.22  land surveyor, one geoscientist, one certified interior 
  9.23  designer, and one public member. 
  9.24     Sec. 13.  Minnesota Statutes 1996, section 326.08, is 
  9.25  amended to read: 
  9.26     326.08 [EXPENSES OF BOARD AND MEMBERS.] 
  9.27     Subdivision 1.  [BOARD.] The expenses of administering 
  9.28  sections 326.02 to 326.15 shall be paid from the appropriation 
  9.29  made to the board.  Each section shall develop a budget based 
  9.30  upon the numbers of individuals licensed by that section of the 
  9.31  board.  The expenses of the board shall be paid by voucher made 
  9.32  by the executive secretary and approved by the chair.  Each 
  9.33  member of the board shall receive $35 for each day or portion 
  9.34  thereof that the member attends a meeting of the board or is 
  9.35  otherwise engaged in performing official business of the board.  
  9.36  The members of the board shall be reimbursed for ordinary and 
 10.1   actual expenses in the same amount and manner as state 
 10.2   employees.  To assist it in the performance of its statutory 
 10.3   duties, the board may hire investigators, inspectors, attorneys, 
 10.4   and technical advisors to make inquiries, ascertain facts, 
 10.5   obtain statements, and provide legal assistance. 
 10.6      Subd. 2.  [MEMBERS.] Any member of the board, the executive 
 10.7   secretary of the board, or the attorney for the board may be 
 10.8   authorized by the board to attend any architectural, 
 10.9   engineering, land surveying, landscape architectural, 
 10.10  geoscientific, or interior design conference or meeting held 
 10.11  outside of this state, the major purpose of which is the 
 10.12  consideration of problems directly associated with the 
 10.13  registration or licensing of architects, professional engineers, 
 10.14  land surveyors, landscape architects, professional 
 10.15  geoscientists, or certified interior designers. 
 10.16     Sec. 14.  Minnesota Statutes 1996, section 326.09, is 
 10.17  amended to read: 
 10.18     326.09 [RECORDS OF BOARD.] 
 10.19     Subdivision 1.  [RECORDS.] The board shall keep a record of 
 10.20  its proceedings and a register of all applicants for licensing, 
 10.21  showing for each the date of application, name, age, educational 
 10.22  and other qualifications, place of business, and the place of 
 10.23  residence, whether or not an examination was required and 
 10.24  whether the applicant was rejected or a license granted, and the 
 10.25  date of such action.  The books and register of the board shall 
 10.26  be prima facie evidence of all matters recorded therein.  A 
 10.27  roster showing the names and places of business or of residence 
 10.28  of all licensed architects, engineers, land surveyors, landscape 
 10.29  architects, geoscientists, and certified interior designers 
 10.30  shall be prepared by the executive secretary of the board during 
 10.31  the month of July, of each even numbered year.  Roster 
 10.32  supplements listing newly licensed persons shall be published 
 10.33  semiannually between publications of the biennial roster.  
 10.34  Rosters may be printed out of the funds of the board, as 
 10.35  provided in section 326.08.  The board shall publish a roster 
 10.36  which shall be distributed to each building official, each 
 11.1   public agency, and each licensee when licensed and with each 
 11.2   renewal.  One computerized list shall be made available, upon 
 11.3   request, to each licensee with each renewal.  The board shall 
 11.4   provide each building official, each public agency, and each 
 11.5   licensee with a copy of the licensing statutes each time those 
 11.6   statutes or rules are revised. 
 11.7      Subd. 2.  [STANDARDS.] The engineering section of the board 
 11.8   shall establish minimum standards of engineering or design for 
 11.9   each discipline of engineering tested or licensed by the board. 
 11.10     Sec. 15.  Minnesota Statutes 1996, section 326.10, 
 11.11  subdivision 1, is amended to read: 
 11.12     Subdivision 1.  [ISSUANCE.] (a) The board shall on 
 11.13  application therefor on a prescribed form, and upon payment of a 
 11.14  fee prescribed by rule of the board but not less than $100 per 
 11.15  year for individuals and $250 per year for corporations or 
 11.16  partnerships, issue a license or certificate as an architect, 
 11.17  engineer, land surveyor, landscape architect, geoscientist, or 
 11.18  certified interior designer.  A separate fee shall be paid for 
 11.19  each profession licensed. 
 11.20     (1) To any person over 25 years of age, who is of good 
 11.21  moral character and repute, and who has the experience and 
 11.22  educational qualifications which the board by rule may prescribe.
 11.23     (2) To any person who holds an unexpired certificate of 
 11.24  registration or license issued by proper authority in the 
 11.25  District of Columbia, any state or territory of the United 
 11.26  States, or any foreign country, in which the requirements for 
 11.27  registration or licensure of architects, engineers, land 
 11.28  surveyors, landscape architects, geoscientists, or certified 
 11.29  interior designers, respectively, at the time of registration or 
 11.30  licensure in the other jurisdiction, were equal, in the opinion 
 11.31  of the board, to those fixed by the board and by the laws of 
 11.32  this state, and in which similar privileges are extended to the 
 11.33  holders of certificates of registration or licensure issued by 
 11.34  this state.  The board may require such person to submit a 
 11.35  certificate of technical qualification from the National Council 
 11.36  of Architectural Registration Boards in the case of an 
 12.1   architect, from the National Council of Engineering Examiners in 
 12.2   the case of an engineer, from the National Council of Landscape 
 12.3   Architects Registration Board in the case of a landscape 
 12.4   architect, and from the National Council for Interior Design 
 12.5   Qualifications in the case of a certified interior designer. 
 12.6      (3) To any person over 25 years of age, who is of good 
 12.7   moral character and repute, and having a doctorate degree in 
 12.8   engineering from an educational institute whose bachelors or 
 12.9   masters degree is from a school or college having accreditation 
 12.10  defined by the board or whose education is equivalent thereto 
 12.11  and is recognized by the board. 
 12.12     (b) Notwithstanding paragraph (a), for one year from the 
 12.13  effective date of rules adopted by the board with respect to the 
 12.14  discipline of professional geoscience, the board may accept as 
 12.15  evidence that the applicant is qualified for licensing in the 
 12.16  discipline of professional geoscience:  
 12.17     (1) a record of graduation with a baccalaureate degree from 
 12.18  a school or college having accreditation defined by the board 
 12.19  and a geoscience or associated science curriculum approved by 
 12.20  the board; and 
 12.21     (2) at least five years of active professional practice in 
 12.22  the discipline of professional geoscience as approved by the 
 12.23  board. 
 12.24     Sec. 16.  Minnesota Statutes 1996, section 326.111, 
 12.25  subdivision 1, is amended to read: 
 12.26     Subdivision 1.  [GENERALLY.] (a) If the board, or the 
 12.27  complaint committee if authorized by the board, has a reasonable 
 12.28  basis to believe that a person has engaged in an act or practice 
 12.29  constituting the unauthorized practice of architecture, 
 12.30  engineering, land surveying, landscape architecture, geoscience, 
 12.31  or the unauthorized use of the title certified interior 
 12.32  designer, or a violation of a statute, rule, or order that the 
 12.33  board has issued or is empowered to enforce, the board, or the 
 12.34  complaint committee if authorized by the board, may proceed as 
 12.35  described in subdivisions 2 and 3. 
 12.36     (b) The board shall establish a complaint committee for 
 13.1   each section of the board to investigate, mediate, or initiate 
 13.2   administrative or legal proceedings on behalf of that section of 
 13.3   the board with respect to complaints filed with or information 
 13.4   received by the board alleging or indicating the unauthorized 
 13.5   practice of architecture, engineering, land surveying, landscape 
 13.6   architecture, geoscience, or the unauthorized use of the title 
 13.7   certified interior designer, or a violation of statute, rule, or 
 13.8   order that the board has issued or is empowered to enforce.  The 
 13.9   complaint committee shall consist of five members of that 
 13.10  section of the board, with no more than one from each of the 
 13.11  professions or disciplines licensed by that section of the 
 13.12  board, and no more than two one building official or public 
 13.13  members member.  The engineering section complaint committee 
 13.14  shall be responsible for all engineering complaints and shall 
 13.15  review all complaints filed with or adjudicated by the board 
 13.16  since January 1, 1995. 
 13.17     (c) Except as otherwise described in this section, all 
 13.18  hearings shall be conducted in accordance with chapter 14. 
 13.19     Sec. 17.  Minnesota Statutes 1996, section 326.111, 
 13.20  subdivision 6, is amended to read: 
 13.21     Subd. 6.  [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 
 13.22  The board may impose a civil penalty not to exceed $2,000 per 
 13.23  violation upon a person who commits an act or practice 
 13.24  constituting the unauthorized practice of architecture, 
 13.25  engineering, land surveying, landscape architecture, geoscience, 
 13.26  or the unauthorized use of the title certified interior 
 13.27  designer, or violates a statute, rule, or order that the board 
 13.28  has issued or is empowered to enforce.  
 13.29     (b) The board may, in addition, impose a fee to reimburse 
 13.30  the board for all or part of the cost of the proceedings 
 13.31  resulting in disciplinary action authorized by this section, the 
 13.32  imposition of civil penalties, or the issuance of a cease and 
 13.33  desist order.  The fee may be imposed when the board shows that 
 13.34  the position of the person who commits an act or practice 
 13.35  constituting the unauthorized practice of architecture, 
 13.36  engineering, land surveying, landscape architecture, geoscience, 
 14.1   or the unauthorized use of the title certified interior 
 14.2   designer, or violates a statute, rule, or order that the board 
 14.3   has issued or is empowered to enforce is not substantially 
 14.4   justified, unless special circumstances make an award unjust, 
 14.5   notwithstanding the provisions of Minnesota Rules, part 
 14.6   1400.8401.  The costs include, but are not limited to, the 
 14.7   amount paid by the board for services from the office of 
 14.8   administrative hearings, attorney fees, court reporters, 
 14.9   witnesses, reproduction of records, review of uncertified or 
 14.10  plan stamped work, board members' per diem compensation, board 
 14.11  staff time, and expense incurred by board members and staff. 
 14.12     (c) The board may issue a stop order on any work that is 
 14.13  under the jurisdiction of the board and does not have certified 
 14.14  documents in accordance with sections 326.02 to 326.15. 
 14.15     Sec. 18.  Minnesota Statutes 1996, section 326.111, is 
 14.16  amended by adding a subdivision to read: 
 14.17     Subd. 8.  [REVIEW OF UNCERTIFIED WORK.] The board shall 
 14.18  establish guidelines for, and a registrar of, licensed 
 14.19  architects, engineers, land surveyors, landscape architects, and 
 14.20  geoscientists authorized by the board to review work which has 
 14.21  been done without certified plans or with plans that have been 
 14.22  proven to be plan stamped.  These individuals shall provide the 
 14.23  board, or its complaint committee if so authorized, with any 
 14.24  relevant information regarding any complaint filed against the 
 14.25  work or individuals involved.  All work which has been shown to 
 14.26  have been done with plan stamped documents or without certified 
 14.27  plans shall have the work reviewed by a licensed architect, 
 14.28  engineer, land surveyor, landscape architect, or geoscientist 
 14.29  registered by the board to review the work.  The board shall 
 14.30  have the authority to authorize the review.  Final certification 
 14.31  acceptance by the board shall not be given until the work is 
 14.32  completed to the standards required by the licensed individual 
 14.33  reviewing the work and the board, or its complaint committee if 
 14.34  so authorized. 
 14.35     Sec. 19.  Minnesota Statutes 1996, section 326.12, is 
 14.36  amended by adding a subdivision to read: 
 15.1      Subd. 4.  [ELECTRONIC SIGNATURES.] Electronic signatures 
 15.2   shall not be used for certification of documents required under 
 15.3   sections 326.02 to 326.15, except as defined in subdivision 3.  
 15.4   Certification shall be by original signature of the licensee 
 15.5   only. 
 15.6      Sec. 20.  Minnesota Statutes 1996, section 326.12, is 
 15.7   amended by adding a subdivision to read: 
 15.8      Subd. 5.  [ALTERATIONS TO CERTIFIED PLANS.] Plans certified 
 15.9   by an architect, engineer, land surveyor, landscape architect, 
 15.10  or geoscientist may not be altered by any other individual.  
 15.11  Work or construction authorized, as through building permits, 
 15.12  shall be completed in accordance with the certified plans or 
 15.13  specifications.  Changes during the course of the work, which 
 15.14  would not be in accordance with the certified plans or 
 15.15  specifications, must have plans and specifications which 
 15.16  document the changes and which are certified by the licensed 
 15.17  professional who made the changes or under whose direct 
 15.18  supervision the changes were made. 
 15.19     Sec. 21.  Minnesota Statutes 1996, section 326.12, is 
 15.20  amended by adding a subdivision to read: 
 15.21     Subd. 6.  [PERFORMANCE SPECIFICATIONS.] Plans or 
 15.22  specifications which are certified by an architect, engineer, 
 15.23  land surveyor, landscape architect, or geoscientist and which 
 15.24  contain performance specifications, in written or graphic 
 15.25  format, shall have the systems covered by the performance 
 15.26  specifications designed and certified by a licensed professional 
 15.27  in accordance with sections 326.02 to 326.15. 
 15.28     Sec. 22.  Minnesota Statutes 1996, section 326.12, is 
 15.29  amended by adding a subdivision to read: 
 15.30     Subd. 7.  [PLAN STAMPING.] It shall be illegal for any 
 15.31  individual licensed under sections 326.02 to 326.15 to plan 
 15.32  stamp or in any other way to allow the individual's 
 15.33  certification to be applied to documents which were not prepared 
 15.34  by the individual licensee or by individuals who were under the 
 15.35  direct supervision of the licensee while the documents were 
 15.36  being prepared. 
 16.1      Sec. 23.  Minnesota Statutes 1996, section 326.12, is 
 16.2   amended by adding a subdivision to read: 
 16.3      Subd. 8.  [PLANS SUBMITTED TO BUILDING OFFICIALS OR PUBLIC 
 16.4   AGENCIES FOR NEW AND REMODEL CONSTRUCTION.] All plans or 
 16.5   specifications for new or remodel construction which are not 
 16.6   exempted by sections 326.02 to 326.15, or applicable Minnesota 
 16.7   Rules, shall bear the certification of the licensed professional 
 16.8   who prepared it or under whose direct supervision it was 
 16.9   prepared.  Plans or specifications which are submitted to a 
 16.10  building official or public agency and which are not site 
 16.11  specific or do not have the name and license number of the 
 16.12  licensed professional shall be submitted to the board for 
 16.13  determination of possible violation.  Plans which clearly state 
 16.14  that they are not for construction and which clearly show the 
 16.15  name and license number of the licensed professional may be used 
 16.16  for preliminary review but shall not be used for construction.  
 16.17     Any exemptions which are defined under sections 326.02 to 
 16.18  326.15, or applicable Minnesota Rules, for new or remodel 
 16.19  construction, shall be available only if the building official 
 16.20  or public agency is supplied by the applicant with two sets of 
 16.21  plans and specifications for the building or remodeling.  The 
 16.22  name and address of the preparer of the plans and specifications 
 16.23  shall appear thereon.  The plan preparer shall certify that 
 16.24  reasonable care has been given to comply with applicable laws, 
 16.25  ordinances, and building codes relating to design. 
 16.26     Sec. 24.  Minnesota Statutes 1996, section 326.12, is 
 16.27  amended by adding a subdivision to read: 
 16.28     Subd. 9.  [PROTOTYPICAL OR STANDARD PLANS.] Plans and 
 16.29  specifications for buildings, structures, or projects of 
 16.30  standard design which have been designed outside the state shall 
 16.31  bear the certification of the design professional licensed in 
 16.32  another United States licensing jurisdiction.  In addition, a 
 16.33  Minnesota licensed professional shall review the design and 
 16.34  certify that it is appropriate to the site on which construction 
 16.35  is proposed and is in compliance with the state building code 
 16.36  adopted by the department of administration where the building 
 17.1   code is in effect. 
 17.2      Sec. 25.  Minnesota Statutes 1996, section 326.12, is 
 17.3   amended by adding a subdivision to read: 
 17.4      Subd. 10.  [WITHDRAWAL OF CERTIFICATION.] A licensee may 
 17.5   withdraw certification from plans or specifications in the case 
 17.6   where: 
 17.7      (1) work is not proceeding in accordance with certified 
 17.8   plans or specifications; 
 17.9      (2) the licensee feels there is a risk to the health, 
 17.10  welfare, or safety of the public to proceed; or 
 17.11     (3) there is a breach of contract between the licensee and 
 17.12  the client directly relating to the certified plans or 
 17.13  specifications. 
 17.14     The certification of the licensee shall remain in effect 
 17.15  for work done up to the point of the breach of contract and in 
 17.16  accordance with the plans or specifications.  The licensee shall 
 17.17  notify the board of any withdrawal of certification. 
 17.18     Sec. 26.  Minnesota Statutes 1996, section 326.14, is 
 17.19  amended to read: 
 17.20     326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.] 
 17.21     A corporation, partnership, or other firm may engage in 
 17.22  work of an architectural or engineering character, in land 
 17.23  surveying, in landscape architecture, or in geoscience, or use 
 17.24  the title of certified interior designer in this state, provided 
 17.25  the person or persons that the corporation or partnership has 
 17.26  registered with the board listing its Minnesota business 
 17.27  address, nature of work being offered, and the licensed 
 17.28  professional or professionals connected with such corporation, 
 17.29  partnership, or other firm in responsible charge of such work is 
 17.30  or are licensed or certified as herein required for the practice 
 17.31  of architecture, engineering, land surveying, landscape 
 17.32  architecture, and geoscience, and or use of the title of 
 17.33  certified interior designer.  
 17.34     Each professional who is listed to be responsible shall 
 17.35  also file an affidavit with the board stating: 
 17.36     (1) the professional is responsible for the professional 
 18.1   work of that corporation or partnership; 
 18.2      (2) there exists no conflict of interest; and 
 18.3      (3) any other corporation or partnership whose professional 
 18.4   work that the professional is responsible for.  
 18.5      All corporations and partnerships that use the term 
 18.6   "engineering" in their name and do not offer engineering 
 18.7   services covered by sections 326.02 to 326.15 shall register 
 18.8   with the board and clearly demonstrate to the board that their 
 18.9   name is not misleading and does not imply that the firm provides 
 18.10  services of a professional engineering nature.  These firms 
 18.11  shall not be assessed an annual fee.  
 18.12     "Connected with," as used in this section, means directly 
 18.13  employed by, under written contract with, or as the owner of the 
 18.14  corporation or partnership.