SF 1814

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

  1.1                          A bill for an act 
  1.2             relating to professions; modifying provisions relating 
  1.3             to the board of architecture, engineering, land 
  1.4             surveying, landscape architecture, geoscience, and 
  1.5             interior design; amending Minnesota Statutes 1996, 
  1.6             sections 326.02, by adding a subdivision; 326.03, 
  1.7             subdivision 1; 326.04; 326.05; 326.06; 326.07; 326.09; 
  1.8             326.10, subdivisions 2 and 7; 326.12, by adding a 
  1.9             subdivision; and 326.13; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 326; repealing 
  1.11            Minnesota Statutes 1996, section 326.08. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 326.02, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 1a.  [PROHIBITED AND PERMANENT TITLES.] No person may 
  1.16  assume or use the title or designation: 
  1.17     (1) professional engineer, registered engineer, registered 
  1.18  professional engineer, licensed engineer, licensed professional 
  1.19  engineer, certified engineer, certified professional engineer, 
  1.20  consulting engineer, or consulting professional engineer, any 
  1.21  abbreviation of those titles, or any similar title, designation, 
  1.22  or abbreviation likely to be confused with the terms 
  1.23  professional engineer or P.E., unless the person is licensed as 
  1.24  a professional engineer by the board; 
  1.25     (2) professional geologist, registered geologist, 
  1.26  registered professional geologist, licensed geologist, licensed 
  1.27  professional geologist, certified geologist, certified 
  1.28  professional geologist, consulting geologist, or consulting 
  2.1   professional geologist, any abbreviation of those titles, or any 
  2.2   similar title, designation, or abbreviation likely to be 
  2.3   confused with the term professional geologist, unless the person 
  2.4   is licensed as a professional geologist by the board; or 
  2.5      (3) professional soil scientist, registered soil scientist, 
  2.6   registered professional soil scientist, licensed soil scientist, 
  2.7   licensed professional soil scientist, certified soil scientist, 
  2.8   certified professional soil scientist, consulting soil 
  2.9   scientist, or consulting professional soil scientist, any 
  2.10  abbreviation of those titles, or any similar title, designation, 
  2.11  or abbreviation likely to be confused with the term professional 
  2.12  soil scientist, unless the person is licensed as a professional 
  2.13  soil scientist by the board. 
  2.14     Sec. 2.  Minnesota Statutes 1996, section 326.03, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [PLANS; DOCUMENTS.] (a) No person, except 
  2.17  an architect, engineer, land surveyor, landscape architect, 
  2.18  geoscientist, or certified interior designer, licensed or 
  2.19  certified as provided for in sections 326.02 to 326.15 shall 
  2.20  practice architecture, professional engineering, land surveying, 
  2.21  landscape architecture, or professional geoscience, or use the 
  2.22  title certified interior designer, respectively, in the 
  2.23  preparation of plans, specifications, reports, plats or other 
  2.24  architectural, engineering, land surveying, landscape 
  2.25  architectural, geoscientific, or interior design documents, or 
  2.26  in the observation of architectural, engineering, land 
  2.27  surveying, landscape architectural, geoscientific, or interior 
  2.28  design projects.  In preparation of such documents, reasonable 
  2.29  care shall be given to compliance with applicable laws, 
  2.30  ordinances, and building codes relating to design. 
  2.31     (b) The ownership of original documents, as instruments of 
  2.32  professional service, shall be retained by the licensee, 
  2.33  certificate holder, or firm responsible for the preparation of 
  2.34  the document.  An original document is one that has the original 
  2.35  seal and signature.  Reproducible copies of these originals 
  2.36  shall be made available, upon request, to the project owner. 
  3.1      Sec. 3.  Minnesota Statutes 1996, section 326.04, is 
  3.2   amended to read: 
  3.3      326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, 
  3.4   LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 
  3.5      To carry out the provisions of sections 326.02 to 326.15 
  3.6   there is hereby created a board of architecture, engineering, 
  3.7   land surveying, landscape architecture, geoscience, and interior 
  3.8   design consisting of 21 members, who shall be appointed by the 
  3.9   governor.  Three members shall be licensed architects, five 
  3.10  members shall be licensed engineers, two members shall be 
  3.11  licensed landscape architects, two members shall be licensed 
  3.12  land surveyors, two members shall be certified interior 
  3.13  designers, two members shall be licensed geoscientists, and five 
  3.14  members shall be public members.  Not more than one member of 
  3.15  the board shall be from the same branch of the profession of 
  3.16  engineering.  The first professional geoscientist members shall 
  3.17  be appointed as soon as possible and no later than October 1, 
  3.18  1995.  One of these members shall serve for a term to end 
  3.19  January 1, 1997.  The other member shall serve for a term to end 
  3.20  January 1, 1999.  The second licensed landscape architect and 
  3.21  certified interior designer members shall be appointed to 
  3.22  succeed the two public members whose terms end on January 1, 
  3.23  1996.  The second licensed landscape architect and certified 
  3.24  interior designer members shall be appointed by the governor no 
  3.25  later than October 1, 1995, and shall serve a term to end on 
  3.26  January 1, 2000.  During the time from the appointment of these 
  3.27  members until January 1, 1996, the board shall consist of 23 
  3.28  members.  Membership terms, compensation of members, removal of 
  3.29  members, the filling of membership vacancies, and fiscal year 
  3.30  and reporting requirements shall be as provided in sections 
  3.31  214.07 to 214.09.  Members shall be limited to two terms.  The 
  3.32  provision of staff, administrative services and office space; 
  3.33  the review and processing of complaints; the setting of board 
  3.34  fees; and other provisions relating to board operations shall be 
  3.35  as provided in chapter 214. 
  3.36     Sec. 4.  Minnesota Statutes 1996, section 326.05, is 
  4.1   amended to read: 
  4.2      326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 
  4.3      Each member of the board shall be a resident of this state 
  4.4   at the time of and throughout the member's appointment.  Each 
  4.5   member except the public members shall have been engaged in the 
  4.6   practice of the relevant profession for at least ten years and 
  4.7   shall have been in responsible charge of professional work 
  4.8   requiring licensure as an architect, engineer, land surveyor, 
  4.9   landscape architect, or geoscientist, or certification as an 
  4.10  interior designer for at least five years.  Each such member 
  4.11  shall be a member in good standing of a recognized society of 
  4.12  architects, engineers, land surveyors, landscape architects, 
  4.13  geoscientists, or interior designers; and, except as provided in 
  4.14  section 326.06, shall be a licensed architect, licensed 
  4.15  engineer, licensed land surveyor, licensed landscape architect, 
  4.16  licensed geoscientists, or certified interior designer.  The 
  4.17  certified interior design member must have passed the National 
  4.18  Council for Interior Design Qualifications test. 
  4.19     Sec. 5.  Minnesota Statutes 1996, section 326.06, is 
  4.20  amended to read: 
  4.21     326.06 [GENERAL POWERS AND DUTIES OF BOARD.] 
  4.22     Each member of the board shall receive a certificate of 
  4.23  appointment from the governor, and, before beginning a term of 
  4.24  office, shall file with the secretary of state the 
  4.25  constitutional oath of office.  The board shall adopt and have 
  4.26  an official seal, which shall be affixed to all licenses 
  4.27  granted; shall make all rules, not inconsistent with law, needed 
  4.28  in performing its duties; and shall fix standards for 
  4.29  determining the qualifications of applicants for certificates, 
  4.30  which shall not exceed the requirements contained in the 
  4.31  curriculum of a recognized school of architecture, landscape 
  4.32  architecture, engineering, geoscience, or interior design.  The 
  4.33  board shall make rules to define as necessary, but not limited 
  4.34  to, defining classes of buildings with respect to which persons 
  4.35  performing services described in section 326.03, subdivision 2, 
  4.36  may be exempted from the provisions of sections 326.02 to 
  5.1   326.15, by a finding of no probable risk to life, health, 
  5.2   property or public welfare. 
  5.3      Sec. 6.  Minnesota Statutes 1996, section 326.07, is 
  5.4   amended to read: 
  5.5      326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] 
  5.6      The board shall hold meetings at such times as the bylaws 
  5.7   of the board may provide shall specify.  Notice of all meetings 
  5.8   shall be given in such manner as the bylaws may provide as 
  5.9   described in section 471.705.  The board shall elect annually 
  5.10  from its members a chair, a vice-chair, a secretary and a 
  5.11  treasurer.  A quorum of the board shall consist of not less than 
  5.12  11 members, of whom four shall be architects, landscape 
  5.13  architects, land surveyors, or certified interior designers, 
  5.14  four engineers or geoscientists, and three public members a 
  5.15  majority of members of the board qualified to vote on the matter 
  5.16  in question. 
  5.17     Sec. 7.  Minnesota Statutes 1996, section 326.09, is 
  5.18  amended to read: 
  5.19     326.09 [RECORDS OF BOARD.] 
  5.20     The board shall keep a record of its proceedings and a 
  5.21  register of all applicants for licensing, showing for each the 
  5.22  date of application, name, age, educational and other 
  5.23  qualifications, place of business, and the place of residence, 
  5.24  whether or not an examination was required and whether the 
  5.25  applicant was rejected or a license granted, and the date of 
  5.26  such action.  The books and register of the board shall be prima 
  5.27  facie evidence of all matters recorded therein.  A roster 
  5.28  showing the names and places of business or of residence of all 
  5.29  licensed architects, engineers, land surveyors, landscape 
  5.30  architects, geoscientists, and certified interior designers 
  5.31  shall be prepared by the executive secretary of the board during 
  5.32  the month of July, of each even numbered year.  Roster 
  5.33  supplements listing newly licensed persons shall be published 
  5.34  semiannually between publications of the biennial roster 
  5.35  annually.  Rosters may be printed out of the funds of the board, 
  5.36  as provided in section 326.08. 
  6.1      Sec. 8.  Minnesota Statutes 1996, section 326.10, 
  6.2   subdivision 2, is amended to read: 
  6.3      Subd. 2.  [EXAMINATION.] The board, or a committee of the 
  6.4   board, may subject any applicant for licensure or certification 
  6.5   to such examinations as may be deemed necessary to establish 
  6.6   qualifications. 
  6.7      In determining the qualifications in such cases of 
  6.8   applicants for licensure as architects, a majority vote of the 
  6.9   architect members of the board only shall be required; in 
  6.10  determining the qualifications in such cases of applicants for 
  6.11  licensure as engineers, a majority vote of the engineer members 
  6.12  of the board only, shall be required; in determining the 
  6.13  qualifications of applicants for registration as land surveyors, 
  6.14  the affirmative vote of the land surveyor member and of one 
  6.15  engineer of the board only, shall be required; in determining 
  6.16  the qualifications of applicants for licensure as landscape 
  6.17  architects, the affirmative vote of the landscape architect 
  6.18  member of the board and of one architect member or one civil 
  6.19  engineer member of the board only, shall be required; and in 
  6.20  determining the qualifications of applicants for certification 
  6.21  as certified interior designers, the affirmative vote of the 
  6.22  interior designer member of the board, of two public members, 
  6.23  and of one architect or engineer member of the board only, is 
  6.24  required; and in determining the qualifications of applicants 
  6.25  for registration as geoscientists, only the affirmative vote of 
  6.26  the two geoscientist members of the board is required, at least 
  6.27  one member determining the qualifications must be licensed or 
  6.28  certified in the same profession as that being evaluated. 
  6.29     Sec. 9.  Minnesota Statutes 1996, section 326.10, 
  6.30  subdivision 7, is amended to read: 
  6.31     Subd. 7.  [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 
  6.32  LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) 
  6.33  An applicant for certification as an engineer-in-training who is 
  6.34  a graduate with a bachelor of engineering degree from a school 
  6.35  or college having an engineering curriculum accredited by the 
  6.36  engineers' council for professional development or whose 
  7.1   education, in the opinion of the board, is equivalent thereto, 
  7.2   shall receive from the board, upon passing an examination in 
  7.3   fundamental engineering subjects, a certificate stating that the 
  7.4   applicant has passed such examination and that the applicant's 
  7.5   name has been recorded as an engineer-in-training. 
  7.6      (2) An applicant for certification as a land 
  7.7   surveyor-in-training who has had a minimum of four years of 
  7.8   qualifying experience of a character satisfactory to the board, 
  7.9   of which a formal education in is a graduate with a bachelor's 
  7.10  degree from a school or college having an accredited engineering 
  7.11  or land surveying curriculum may constitute a part thereof or 
  7.12  who has equivalent education, in the opinion of the board, shall 
  7.13  receive from the board, upon passing a written examination in 
  7.14  the fundamentals of mathematics and the basic principles of land 
  7.15  surveying, a certificate stating that the applicant has passed 
  7.16  such examination and that the applicant's name has been recorded 
  7.17  as a land surveyor-in-training. 
  7.18     (3) Any applicant for certification as a landscape 
  7.19  architect-in-training who is a graduate with a degree from a 
  7.20  school or college having a landscape architecture curriculum 
  7.21  accredited by the American Society of Landscape Architects 
  7.22  committee on education or who has had equivalent education or 
  7.23  experience or a combination thereof of a grade and character 
  7.24  acceptable to the board shall receive from the board, upon 
  7.25  passing an examination in fundamental landscape architectural 
  7.26  subjects, a certificate stating that the applicant has passed 
  7.27  that examination and that the applicant's name has been recorded 
  7.28  as a landscape architect-in-training. 
  7.29     (4) An applicant for certification as a 
  7.30  geoscientist-in-training who is a graduate with a baccalaureate 
  7.31  degree from a school or college having accreditation defined by 
  7.32  the board and a geoscience or associated science curriculum 
  7.33  approved by the board, shall receive from the board, upon 
  7.34  passing the appropriate examination in fundamental geoscience 
  7.35  subjects for the applicant's discipline as approved by the 
  7.36  board, a certificate stating that the applicant's name has been 
  8.1   recorded as a geoscientist-in-training with the appropriate 
  8.2   geoscientist-in-training legend as approved by the board. 
  8.3      Sec. 10.  Minnesota Statutes 1996, section 326.12, is 
  8.4   amended by adding a subdivision to read: 
  8.5      Subd. 4.  [ORIGINAL SIGNATURES.] All signatures on 
  8.6   documents that are originals or duplicates of originals shall be 
  8.7   in the original handwriting of the signator.  No stickers, 
  8.8   rubber stamps, or electronically scanned or other facsimile 
  8.9   signatures shall be allowed. 
  8.10     Sec. 11.  Minnesota Statutes 1996, section 326.13, is 
  8.11  amended to read: 
  8.12     326.13 [PRACTICE EXEMPT.] 
  8.13     Practice of architecture, engineering, landscape 
  8.14  architecture, land surveying, or geoscience, or use of the title 
  8.15  certified interior designer in this state prior to licensure or 
  8.16  certification by the board shall be permitted under the 
  8.17  following conditions and limitations: 
  8.18     (1) By any person or firm not a resident of and having no 
  8.19  established place of business in this state, or any person or 
  8.20  firm resident in this state, but whose arrival in the state is 
  8.21  recent; provided, however, such person or a person connected 
  8.22  with such firm: 
  8.23     (a) (i) is registered or licensed and qualified to practice 
  8.24  such profession in a state or country to which the board grants 
  8.25  registration or licensure by comity in accordance with the 
  8.26  provisions of section 326.10, subdivision 1, clause (2); and 
  8.27     (b) (ii) shall have filed an application for licensure as 
  8.28  an architect, an engineer, a geoscientist, or a certified 
  8.29  interior designer shall have paid the fee provided for in 
  8.30  section 326.10, and shall have been notified by the board that 
  8.31  the applicant meets the requirements for licensure or 
  8.32  certification in this state and is entitled to receive a license 
  8.33  or certificate, and has applied for and been granted a temporary 
  8.34  permit to practice.  Temporary permits shall be granted to do a 
  8.35  specific job for the period stipulated on the permit; 
  8.36     (c) notwithstanding the provisions of paragraph (b) and 
  9.1   prior to the notification provided for therein, an applicant who 
  9.2   meets the requirements of paragraph (a) shall be permitted to 
  9.3   practice in this state provided that such practice is limited 
  9.4   solely to solicitation of work within the terms of sections 
  9.5   326.02 to 326.15; 
  9.6      (2) Practice as an architect, an engineer, a land surveyor, 
  9.7   a landscape architect, or geoscientist, or use of the title 
  9.8   certified interior designer by any person not a resident of, and 
  9.9   having no established place of business in, this state, as a 
  9.10  consulting associate of an architect, an engineer, a land 
  9.11  surveyor, a landscape architect, or a geoscientist, or use of 
  9.12  the title certified interior designer licensed or certified 
  9.13  under the provisions of sections 326.02 to 326.15; provided, the 
  9.14  nonresident is licensed or certified and qualified to practice 
  9.15  the profession in a state or country to which the board grants 
  9.16  licensure or certification by comity in accordance with the 
  9.17  provisions of section 326.10, subdivision 1, clause (2); By a 
  9.18  nonresident applicant who seeks to provide architecture, 
  9.19  engineering, land surveying, landscape architecture, geoscience, 
  9.20  or certified interior design services in this state if the 
  9.21  applicant offers to practice only for the purpose of seeking to 
  9.22  provide services, without having first been registered or 
  9.23  certified by the state, if the applicant: 
  9.24     (i) is registered and qualified to practice such profession 
  9.25  in a state or country to which the board grants registration or 
  9.26  licensure by comity in accordance with section 326.10, 
  9.27  subdivision 1, clause (2); 
  9.28     (ii) notified the board in writing that the applicant is 
  9.29  not currently registered in this state, but will be present in 
  9.30  this state for the purpose of seeking to provide services; 
  9.31     (iii) delivers a copy of the notice referred to in clause 
  9.32  (ii) to every potential client for whom the applicant is seeking 
  9.33  to provide services; and 
  9.34     (iv) applies within ten days to the board for licensure or 
  9.35  certification if selected as the design professional for a 
  9.36  project in this state; the applicant is prohibited from actually 
 10.1   rendering services as defined within the terms of sections 
 10.2   326.02 to 326.15 until the applicant is licensed or certified, 
 10.3   or obtains a temporary permit as described in clause (1). 
 10.4      (3) Practice as an architect, an engineer, a land surveyor, 
 10.5   a landscape architect, or a geoscientist, or use of the title 
 10.6   certified interior designer solely as an officer or employee of 
 10.7   the United States;. 
 10.8      (4) Practice as a geoscientist by a person who would be 
 10.9   qualified under sections 326.02 to 326.15 by virtue of 
 10.10  experience and education while (i) engaged in exploration, 
 10.11  development, extraction, and reclamation of minerals and mineral 
 10.12  deposits or energy resources including sand, gravel, peat, 
 10.13  industrial minerals, metallic minerals, iron ore, coal, oil, and 
 10.14  gas and other mineral fuels; (ii) an employee of a corporation 
 10.15  or agency engaged in such exploration, development, extraction, 
 10.16  and reclamation of minerals and mineral deposits; (iii) acting 
 10.17  in accordance with the provisions of section 82B.035, 
 10.18  subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 
 10.19  2; or (iv) engaged in academic geoscience research. 
 10.20     Sec. 12.  [326.141] [GOOD SAMARITAN ACTIONS.] 
 10.21     A licensed architect, engineer, land surveyor, landscape 
 10.22  architect, geoscientist, or certified interior designer who 
 10.23  provides services for which that person is licensed or 
 10.24  certified, at the scene of a declared national, state, or local 
 10.25  emergency caused by a major earthquake, hurricane, tornado, 
 10.26  fire, explosion, or collapse or similar disaster or catastrophic 
 10.27  event is not liable for any personal injury, wrongful death, 
 10.28  property damage, or other loss caused by acts, errors, or 
 10.29  omissions in the performance of services for any structure, 
 10.30  building, or system either publicly or privately owned if the 
 10.31  services are provided: 
 10.32     (1) voluntarily and without compensation; and 
 10.33     (2) at the request of a national, state, or local public 
 10.34  official; law enforcement official; public safety official; or 
 10.35  building inspection official acting in an official capacity. 
 10.36     The immunity provided applies only to service that occurs 
 11.1   within 90 days of the emergency, disaster, or catastrophic 
 11.2   event, unless extended by an executive order issued by the 
 11.3   governor under the governor's emergency executive powers.  
 11.4   Nothing in this section provides immunity for wanton, willful, 
 11.5   or intentional misconduct. 
 11.6      Sec. 13.  [REPEALER.] 
 11.7      Minnesota Statutes 1996, section 326.08, is repealed.