Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 324-S.F.No. 1814 
                  An act relating to professions; modifying provisions 
                  relating to the board of architecture, engineering, 
                  land surveying, landscape architecture, geoscience, 
                  and interior design; amending Minnesota Statutes 1996, 
                  sections 326.04; 326.05; 326.07; 326.09; 326.10, 
                  subdivisions 2 and 7; 326.13; and 599.14; repealing 
                  Minnesota Statutes 1996, section 326.08. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 326.04, is 
        amended to read: 
           326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, 
        LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 
           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.  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.  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. 2.  Minnesota Statutes 1996, section 326.05, is 
        amended to read: 
           326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 
           Each member of the board shall be a resident of this state 
        at the time of and throughout the member's appointment.  Each 
        member except the public members shall have been engaged in the 
        practice of the relevant profession for at least ten years and 
        shall have been in responsible charge of professional work 
        requiring licensure as an architect, engineer, land surveyor, 
        landscape architect, or geoscientist, or certification as an 
        interior designer for at least five years.  Each such member 
        shall be a member in good standing of a recognized society of 
        architects, engineers, land surveyors, landscape architects, 
        geoscientists, or interior designers; and, except as provided in 
        section 326.06, shall be a licensed architect, licensed 
        engineer, licensed land surveyor, licensed landscape architect, 
        licensed geoscientists, or certified interior designer.  The 
        certified interior design member must have passed the National 
        Council for Interior Design Qualifications test. 
           Sec. 3.  Minnesota Statutes 1996, section 326.07, is 
        amended to read: 
           326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] 
           The board shall hold meetings at such times as the bylaws 
        of the board may provide shall specify.  Notice of all meetings 
        shall be given in such manner as the bylaws may provide as 
        described in section 471.705.  The board shall elect annually 
        from its members a chair, a vice-chair, a secretary and a 
        treasurer.  A quorum of the board shall consist of not less than 
        11 members, of whom four shall be architects, landscape 
        architects, land surveyors, or certified interior designers, 
        four engineers or geoscientists, and three public members a 
        majority of members of the board qualified to vote on the matter 
        in question. 
           Sec. 4.  Minnesota Statutes 1996, section 326.09, is 
        amended to read: 
           326.09 [RECORDS OF BOARD.] 
           The board shall keep a record of its proceedings and a 
        register of all applicants for licensing, showing for each the 
        date of application, name, age, educational and other 
        qualifications, place of business, and the place of residence, 
        whether or not an examination was required and whether the 
        applicant was rejected or a license granted, and the date of 
        such action.  The books and register of the board shall be prima 
        facie evidence of all matters recorded therein.  A roster 
        showing the names and places of business or of residence of all 
        licensed architects, engineers, land surveyors, landscape 
        architects, geoscientists, and certified interior designers 
        shall be prepared by the executive secretary of the board during 
        the month of July, of each even numbered year.  Roster 
        supplements listing newly licensed persons shall be published 
        semiannually between publications of the biennial roster 
        annually.  Rosters may be printed out of the funds of the board, 
        as provided in section 326.08. 
           Sec. 5.  Minnesota Statutes 1996, section 326.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION.] The board, or a committee of the 
        board, may subject any applicant for licensure or certification 
        to such examinations as may be deemed necessary to establish 
        qualifications. 
           In determining the qualifications in such cases of 
        applicants for licensure as architects, a majority vote of the 
        architect members of the board only shall be required; in 
        determining the qualifications in such cases of applicants for 
        licensure as engineers, a majority vote of the engineer members 
        of the board only, shall be required; in determining the 
        qualifications of applicants for registration as land surveyors, 
        the affirmative vote of the land surveyor member and of one 
        engineer of the board only, shall be required; in determining 
        the qualifications of applicants for licensure as landscape 
        architects, the affirmative vote of the landscape architect 
        member of the board and of one architect member or one civil 
        engineer member of the board only, shall be required; and in 
        determining the qualifications of applicants for certification 
        as certified interior designers, the affirmative vote of the 
        interior designer member of the board, of two public members, 
        and of one architect or engineer member of the board only, is 
        required; and in determining the qualifications of applicants 
        for registration as geoscientists, only the affirmative vote of 
        the two geoscientist members of the board is required, at least 
        one member determining the qualifications must be licensed or 
        certified in the same profession as that being evaluated. 
           Sec. 6.  Minnesota Statutes 1996, section 326.10, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 
        LANDSCAPE ARCHITECT-IN-TRAINING; 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 engineering curriculum accredited by the 
        engineers' council for professional development 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 has had a minimum of four years of 
        qualifying experience of a character satisfactory to the board, 
        of which a formal education in is a graduate with a bachelor's 
        degree from a school or college having an accredited engineering 
        or land surveying curriculum may constitute a part thereof 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) Any applicant for certification as a landscape 
        architect-in-training who is a graduate with a degree from a 
        school or college having a landscape architecture curriculum 
        accredited by the American Society of Landscape Architects 
        committee on education or who has had equivalent education or 
        experience or a combination thereof of a grade and character 
        acceptable to the board shall receive from the board, upon 
        passing an examination in fundamental landscape architectural 
        subjects, a certificate stating that the applicant has passed 
        that examination and that the applicant's name has been recorded 
        as a landscape architect-in-training. 
           (4) 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. 7.  Minnesota Statutes 1996, section 326.13, is 
        amended to read: 
           326.13 [PRACTICE EXEMPT.] 
           Practice of architecture, engineering, landscape 
        architecture, land surveying, or geoscience, or use of the title 
        certified interior designer in this state prior to licensure or 
        certification by the board shall be permitted under the 
        following conditions and limitations: 
           (1) By any person or firm not a resident of and having no 
        established place of business in this state, or any person or 
        firm resident in this state, but whose arrival in the state is 
        recent; provided, however, such person or a person connected 
        with such firm: 
           (a) (i) is registered or licensed and qualified to practice 
        such profession in a state or country to which the board grants 
        registration or licensure by comity in accordance with the 
        provisions of section 326.10, subdivision 1, clause (2); and 
           (b) (ii) shall have filed an application for licensure as 
        an architect, an engineer, a geoscientist, or a certified 
        interior designer shall have paid the fee provided for in 
        section 326.10, and shall have been notified by the board that 
        the applicant meets the requirements for licensure or 
        certification in this state and is entitled to receive a license 
        or certificate, and has applied for and been granted a temporary 
        permit to practice.  Temporary permits shall be granted to do a 
        specific job for the period stipulated on the permit; 
           (c) notwithstanding the provisions of paragraph (b) and 
        prior to the notification provided for therein, an applicant who 
        meets the requirements of paragraph (a) shall be permitted to 
        practice in this state provided that such practice is limited 
        solely to solicitation of work within the terms of sections 
        326.02 to 326.15; 
           (2) Practice as an architect, an engineer, a land surveyor, 
        a landscape architect, or geoscientist, or use of the title 
        certified interior designer by any person not a resident of, and 
        having no established place of business in, this state, as a 
        consulting associate of an architect, an engineer, a land 
        surveyor, a landscape architect, or a geoscientist, or use of 
        the title certified interior designer licensed or certified 
        under the provisions of sections 326.02 to 326.15; provided, the 
        nonresident is licensed or certified and qualified to practice 
        the profession in a state or country to which the board grants 
        licensure or certification by comity in accordance with the 
        provisions of section 326.10, subdivision 1, clause (2); By a 
        nonresident applicant who seeks to provide architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or certified interior design services in this state if the 
        applicant offers to practice only for the purpose of seeking to 
        provide services, without having first been registered or 
        certified by the state, if the applicant: 
           (i) is registered and qualified to practice such profession 
        in a state or country to which the board grants registration or 
        licensure by comity in accordance with section 326.10, 
        subdivision 1, clause (2); 
           (ii) notified the board in writing that the applicant is 
        not currently registered in this state, but will be present in 
        this state for the purpose of seeking to provide services; 
           (iii) delivers a copy of the notice referred to in clause 
        (ii) to every potential client for whom the applicant is seeking 
        to provide services; and 
           (iv) applies within ten days to the board for licensure or 
        certification if selected as the design professional for a 
        project in this state; the applicant is prohibited from actually 
        rendering services as defined within the terms of sections 
        326.02 to 326.15 until the applicant is licensed or certified, 
        or obtains a temporary permit as described in clause (1). 
           (3) Practice as an architect, an engineer, a land surveyor, 
        a landscape architect, or a geoscientist, or use of the title 
        certified interior designer solely as an officer or employee of 
        the United States;. 
           (4) Practice as a geoscientist by a person who would be 
        qualified under sections 326.02 to 326.15 by virtue of 
        experience and education while (i) engaged in exploration, 
        development, extraction, and reclamation of minerals and mineral 
        deposits or energy resources including sand, gravel, peat, 
        industrial minerals, metallic minerals, iron ore, coal, oil, and 
        gas and other mineral fuels; (ii) an employee of a corporation 
        or agency engaged in such exploration, development, extraction, 
        and reclamation of minerals and mineral deposits; (iii) acting 
        in accordance with the provisions of section 82B.035, 
        subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 
        2; or (iv) engaged in academic geoscience research. 
           Sec. 8.  Minnesota Statutes 1996, section 599.14, is 
        amended to read: 
           599.14 [RECORDS OF SURVEYS, EVIDENCE WHEN.] 
           Records of surveys made by the engineering department of 
        any municipality, including field notes, profiles, plats, plans, 
        and other files and records of such department, shall be prima 
        facie evidence in all courts of the correctness of the facts 
        shown and statements made therein.  
           Sec. 9.  [REVISOR INSTRUCTION.] 
           The revisor shall substitute the words "licensed land 
        surveyor" for "registered land surveyor" in Minnesota Statutes, 
        sections 160.085; 272.19; 300.045; 326.03; 383B.603; 383D.65; 
        462.359; 505.08; 505.1793; 508.23; 508.671; and 515.13. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 1996, section 326.08, is repealed. 
           Presented to the governor March 20, 1998 
           Signed by the governor March 23, 1998, 10:55 a.m.