HF 1787

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 02:42pm

A bill for an act
relating to occupations and professions; modifying licensing provisions and fees
for architecture, engineering, land surveying, landscape architecture, geoscience,
and interior design professions; amending Minnesota Statutes 2010, sections
326.02, subdivision 3; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.105; 326.107,
subdivisions 1, 2, 7; 326.12, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 326.02, subdivision 3, is amended to read:

Subd. 3.

Practice of professional engineering.

new text begin (a) new text end Any person shall be deemed to
be practicing professional engineering within the meaning of sections 326.02 to 326.15
who holds out as being able to perform or who does perform any technical professional
service, such as planning, design or observation of construction for the purpose of
assuring compliance with specifications and design, in connection with any public or
private structures, buildings, utilities, machines, equipment, processes, works, or projects
wherein the public welfare or the safeguarding of life, health, or property is concerned
or involved, when such professional service requires the application of the principles of
mathematics and the physical and applied engineering sciences, acquired by education
or training, and by experience.

new text begin (b) No person other than one licensed under sections 326.02 to 326.15 as a
professional engineer may:
new text end

new text begin (1) use the term "professional engineer";
new text end

new text begin (2) use any other abbreviation or term, including the initials "P.E." or "PE" by
signature, verbal claim, sign, advertisement, letterhead, card, or similar means that would
lead the public to believe that the person was a licensed professional engineer; or
new text end

new text begin (3) use any means or in any other way make a representation that would lead the
public to believe that the person was a licensed professional engineer.
new text end

new text begin (c) No state, public agency, local governmental unit, or other public entity shall
require a person licensed as a professional engineer under sections 326.02 to 326.15 to
pass any additional test or examination in order to obtain a license, certification, or any
other form of approval to perform any actions that the person is authorized to perform as a
professional engineer unless the state, public agency, local governmental unit, or other
public entity has made an affirmative determination that qualification as a professional
engineer is not adequate to safeguard life, health, and property, and to promote the public
welfare regarding the items that are the subject of the licensure or certification. This
section does not preclude public entities from including additional requirements when
soliciting public contracts for engineering services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and does not apply to practice areas where licenses or certifications are required prior to
the effective date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 326.04, is amended to read:

326.04 BOARD ESTABLISHED.

To carry out the provisions of sections 326.02 to 326.15 there is hereby created
a Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design consisting of 21 members, who shall be appointed by
the governor. Three members shall be licensed architects, five members shall be licensed
engineers, two members shall be licensed landscape architects, two members shall be
licensed land surveyors, two members shall be certified interior designers, two members
shall be licensed geoscientists, and five members shall be public members. Not more than
one member of the board shall be from the same branch of the profession of engineering.
deleted text begin The first professional geoscientist members shall be appointed as soon as possible and no
later than October 1, 1995. One of these members shall serve for a term to end January
1, 1997. The other member shall serve for a term to end January 1, 1999. The second
licensed landscape architect and certified interior designer members shall be appointed
to succeed the two public members whose terms end on January 1, 1996. The second
licensed landscape architect and certified interior designer members shall be appointed
by the governor no later than October 1, 1995, and shall serve a term to end on January
1, 2000. During the time from the appointment of these members until January 1, 1996,
the board shall consist of 23 members. deleted text end Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements shall be as provided in sections 214.07 to 214.09. Members shall be limited
to two terms. The provision of staff, administrative services and office space; the review
and processing of complaints; the setting of board fees; and other provisions relating to
board operations shall be as provided in chapter 214.

Sec. 3.

Minnesota Statutes 2010, section 326.10, subdivision 1, is amended to read:

Subdivision 1.

Issuance.

deleted text begin (a) deleted text end The board shall on application therefor on a prescribed
form, and upon payment of a fee prescribed by rule of the board, issue a license or
certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or
certified interior designer. A separate fee shall be paid for each profession licensed.

(1) To any person over 25 years of age, who is of good moral character and repute,
and who has the experience and educational qualifications which the board by rule may
prescribe.

(2) To any person who holds an unexpired certificate of registration or license issued
by proper authority in the District of Columbia, any state or territory of the United States,
or any foreign country, in which the requirements for registration or licensure of architects,
engineers, land surveyors, landscape architects, geoscientists, or certified interior
designers, respectively, at the time of registration or licensure in the other jurisdiction, were
equal, in the opinion of the board, to those fixed by the board and by the laws of this state,
and in which similar privileges are extended to the holders of certificates of registration or
licensure issued by this state. The board may require such person to submit a certificate of
technical qualification from the National Council of Architectural Registration Boards
in the case of an architect, from the National Council of Examiners for Engineering
and Surveying in the case of an engineer, from the Council of Landscape Architectural
Registration Boards in the case of a landscape architect, and from the National Council for
Interior Design Qualification in the case of a certified interior designer.

deleted text begin (b) Notwithstanding paragraph (a), for one year from the effective date of rules
adopted by the board with respect to the discipline of professional geoscience, the board
may accept as evidence that the applicant is qualified for licensing in the discipline of
professional geoscience:
deleted text end

deleted text begin (1) a record of graduation with a baccalaureate degree from a school or college
having accreditation defined by the board and a geoscience or associated science
curriculum approved by the board; and
deleted text end

deleted text begin (2) at least five years of active professional practice in the discipline of professional
geoscience as approved by the board.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 326.10, subdivision 2a, is amended to read:

Subd. 2a.

Needs of physically disabled, inclusion in examination.

Examinations
for architect, civil structural engineer, landscape architect, and certified interior designer
shall include questions which require the applicant to demonstrate knowledge of the
design needs of people with physical disabilities and of the relevant statutes and codes.
deleted text begin The questions shall be developed by the board in consultation with the Department
of Administration.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 326.10, subdivision 7, is amended to read:

Subd. 7.

Engineer, land surveyor, geoscientist; in-training.

(1) An applicant for
certification as an engineer-in-training who is a graduate with a bachelor of engineering
degree from a school or college having an new text begin accredited new text end engineering curriculum deleted text begin accredited by
the engineers' council for professional development deleted text end or whose education, in the opinion of
the board, is equivalent thereto, shall receive from the board, upon passing an examination
in fundamental engineering subjects, a certificate stating that the applicant has passed such
examination and that the applicant's name has been recorded as an engineer-in-training.

(2) An applicant for certification as a land surveyor-in-training who is a graduate
with a bachelor's degree from a school or college having an accredited engineering or
land surveying curriculum or who has equivalent education, in the opinion of the board,
shall receive from the board, upon passing a written examination in the fundamentals
of mathematics and the basic principles of land surveying, a certificate stating that the
applicant has passed such examination and that the applicant's name has been recorded as
a land surveyor-in-training.

(3) An applicant for certification as a geoscientist-in-training who is a graduate with
a baccalaureate degree from a school or college having accreditation defined by the board
and a geoscience or associated science curriculum approved by the board, shall receive
from the board, upon passing the appropriate examination in fundamental geoscience
subjects for the applicant's discipline as approved by the board, a certificate stating that
the applicant's name has been recorded as a geoscientist-in-training with the appropriate
geoscientist-in-training legend as approved by the board.

Sec. 6.

Minnesota Statutes 2010, section 326.10, subdivision 9, is amended to read:

Subd. 9.

Reinstatement of expired license or certificate.

A licensee or certificate
holder whose license or certificate has expired may reinstate the expired license or
certificate by satisfying all prior continuing education requirements new text begin to a maximum of 48
professional development hours new text end , by paying all of the renewal fees due for all prior renewal
periods that the license or certificate was expired and the current renewal period, and
paying a delayed renewal fee in the amount set by the board. The continuing education
requirement must be satisfied with professional development hours completed within
the four years immediately prior to reinstatement and may not include any professional
development hours that had previously been used to renew the license or certificate being
reinstated.

To reinstate an expired license or certificate, the licensee or certificate holder must
file with the board an application for reinstatement consisting of a fully completed form
provided by the board and the fees specified in this subdivision. The form must be signed,
contain all of the information requested, and clearly show that the licensee or certificate
holder either has completed the minimum number of required professional development
hours, has provided a certification under section 326.107, subdivision 5, to the board, or
has been granted an exemption under section 326.107, subdivision 4. An application
for reinstatement that does not comply with the requirements of this subdivision is an
incomplete application and must not be accepted by the board.

Sec. 7.

Minnesota Statutes 2010, section 326.105, is amended to read:

326.105 FEES.

deleted text begin The fee for licensure or renewal of licensure as an architect, professional engineer,
land surveyor, landscape architect, or geoscience professional is $120 per biennium.
The fee for certification as a certified interior designer or for renewal of the certificate
is $120 per biennium. The fee for an architect applying for original certification as a
certified interior designer is $50 per biennium. The initial license or certification fee for
all professions is $120. The renewal fee shall be paid biennially on or before June 30 of
each even-numbered year. The renewal fee, when paid by mail, is not timely paid unless it
is postmarked on or before June 30 of each even-numbered year. The application fee is
$25 for in-training applicants and $75 for professional license applicants.
deleted text end

new text begin (a) All applications or requests for service must be accompanied by payment of the
appropriate fee described in this section.
new text end

new text begin (b) The application fee is $25 for in-training applicants and $75 for professional
license applicants and for certified interior design applicants. The fee for initial licensure
or renewal of licensure as an architect, professional engineer, land surveyor, landscape
architect, or geoscience professional or for certification or renewal of certification as a
certified interior designer is $120 per biennium. The renewal fee shall be paid biennially
on or before June 30 of each even-numbered year. The renewal fee, when paid by mail, is
not timely unless it is postmarked on or before June 30 of each even-numbered year.
new text end

new text begin (c) The fee for verification of data on examinees, licensees, interior design certificate
holders, or in-training certificate holders and requests for transfer of grades is $25 per
request. Requests must be made in writing and include an addressed, stamped envelope.
new text end

new text begin (d) The examination administration fee for any examination administered by the
board is $100.
new text end

new text begin (e) All fees are nonrefundable.
new text end

Sec. 8.

Minnesota Statutes 2010, section 326.107, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Architects, professional engineers, land
surveyors, landscape architects, geoscientists, and interior designers licensed or certified
by this board must obtain the number of professional development hours described in
paragraphs (b) to (d) during each two-year period of licensure or certification identified in
section 326.105. This requirement must be satisfied during the two-year period prior to
biennial renewal except for a carryover permitted from the previous renewal period, which
must not exceed 50 percent of the biennial requirement of professional development hours.

(b) Licensed professional engineers must earn a minimum of 24 professional
development hours new text begin , of which two must be dedicated to professional ethics, new text end per biennial
renewal except for the carryover permitted. new text begin The ethics hours must have been earned
during the biennium to which they are applied and shall not be used toward carryover.
new text end

(c) Licensed architects, land surveyors, landscape architects, geoscientists, and
certified interior designers must earn a minimum of 24 professional development hours new text begin ,
of which two must be dedicated to professional ethics, new text end per biennial renewal except for
the carryover permitted. new text begin The ethics hours must have been earned during the biennium to
which they are applied and shall not be used toward carryover.
new text end

(d) Dual license or certificate holders who have obtained a license or certificate for
two professions must earn professional development hours required by the license or
certificate requiring the greatest number of professional development hours and must
obtain in each profession a minimum of one-third of the total professional development
hours required. The remaining one-third requirement may be obtained in either profession
at the sole discretion of the licensee or certificate holder.

Sec. 9.

Minnesota Statutes 2010, section 326.107, subdivision 2, is amended to read:

Subd. 2.

Programs and activities.

Continuing education must consist of learning
experiences which enhance and expand the skills, knowledge, and abilities of practicing
professionals to remain current and render competent professional services to the public.
Practitioners may pursue technical, nontechnical, regulatory, ethical, and business
practice needs for a well-rounded education provided the education directly benefits the
health, safety, or welfare of the public. Continuing education activities which satisfy the
professional development requirement include, but are not limited to, the following:

(1) completing or auditing college-sponsored courses;

(2) completing self-study college or non-college-sponsored courses, presented by
correspondence, Internet, television, video, or audio, ending with examination or other
verification processes;

(3) participation in seminars, tutorials, televised or videotaped courses, or short
courses;

(4) attending self-sponsored and prepared in-house educational programs;

(5) completing a study tour with a structured program resulting in a written or visual
presentation by the licensee or certificate holder;

(6) presenting or instructing qualifying courses or seminars. Professional
development hours may be earned for preparation time for the initial presentation;

(7) authoring published papers, articles, or books. Professional development hours
earned may equal preparation time spent, may be claimed only following publication, and
shall be given for authorship or presentation, but not for both;

(8) participating in professional examination grading or writing. A maximum of five
professional development hours per biennium may be applied from this source new text begin . The hours
from this source must have been earned during the biennium to which they are applied
and shall not be used toward carryover new text end ;

(9) providing professional service to the public which draws upon the licensee's
or certificate holder's professional expertise on boards, commissions, and committees
such as planning commissions, building code advisory boards, urban renewal boards,
or non-work-related volunteer service. A maximum of ten professional development
hours per biennium may be applied from this source new text begin regardless of the number of boards,
commissions, and committees the licensee or certificate holder serves. The hours from
this source must have been earned during the biennium to which they are applied and
shall not be used toward carryover new text end ; and

(10) patents, after they are granted, for a credit of ten professional development
hours. new text begin The patent must have been granted during the biennium to which the hours are
applied and shall not be used toward carryover.
new text end

Sec. 10.

Minnesota Statutes 2010, section 326.107, subdivision 7, is amended to read:

Subd. 7.

Reports and records.

The licensee or certificate holder shall maintain
a file in which records of courses and activities are kept, including dates, subjects,
duration of programs, sponsoring organization, professional development hours earned,
registration receipts where appropriate, and other pertinent documentation, for a period
of deleted text begin two deleted text end new text begin four new text end years after submission to the board. This information may be required to
be produced by licensees or certificate holders. The board may require a licensee or
certificate holder to produce this information in connection with verification of a renewal
application, a random audit conducted by the board, or upon receipt of a complaint
alleging noncompliance on the part of a licensee or certificate holder.

Sec. 11.

Minnesota Statutes 2010, section 326.12, subdivision 2, is amended to read:

Subd. 2.

Seal.

Each licensee or certificate holder may, upon licensure or
certification, obtain a seal deleted text begin of a design approved by the board, deleted text end bearing the licensee's or
certificate holder's name and the legend "licensed architect," "licensed professional
engineer," "licensed land surveyor," "licensed landscape architect," the appropriate
licensed professional geoscientist legend as defined by the board, or "certified interior
designer." Plans, specifications, plats, reports, and other documents prepared by a licensee
or certificate holder may be stamped with the seal during the life of the license or
certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings
from which prints are to be made or on papers which would be damaged by the regular
seal. It shall be unlawful for any one to stamp or seal any document with the stamp or
seal after the license or certificate has expired, been revoked or suspended, unless said
license or certificate shall have been renewed or reissued.